,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #acib  ,,in ,,the ,,house ,,of  
,,representatives  ,february #bg1       
#bjai,mr4 ,hurd of ,texas 7for himself1 
,ms4 ,torres ,small of ,new ,mexico1 and
 ,mr4 ,cuellar7 introduced the following
 bill2 which was referred to the        
,committee on ,oversight and ,reform  ,a
 ,,bill  ,to amend title #e1 ,united    
,states ,code1 to modify the authority  
for pay and work schedules of border    
patrol agents1 and for other purposes4  
#a4 ,short title ,this ,act may be cited
 as the ,border ,patrol ,agent ,pay     
,reform ,amendments ,act of #bjai4  #b4 
,amendments to the ,border ,patrol      
,agent ,pay ,reform ,act of #bjad  7a7  
,border patrol agent pay ,section #eeej 
of title #e1 ,united ,states ,code1 is  
amended--  7#a7 in subsection 7a77#a71  
by inserting agent after applicable     
border patrol2  7#b7 in subsection      
7b77#a7--  7,a7 in subparagraph 7,a71 by
 striking ,not later than #cj days      
before the first day of each year       

beginning after the date of enactment of
 this section1 a border patrol agent    
shall make an election whether the      
border patrol agent shall1 for that     
year1 be assigned to and inserting ,not 
later than ,december #a of each year1 a 
border patrol agent shall make an       
election whether the border patrol agent
 shall1 for the next annual period      
beginning on the first day of the first 
pay period that commences on or after   
,january #a1 be assigned to2  7,b7 in   
subparagraph 7,c71 by striking ,not     
later than #fj days before the first day
 of each year beginning after the date  
of enactment of this section and        
inserting in its place ,not later than  
,november #a of each year2  7,c7 in     
subparagraph 7,d7-- 7i7 by amending     
clause 7iv7 to read as follows3  7iv7 a 
border patrol agent shall be assigned a 
basic border patrol rate of pay during  
the period of initial training          
7including initial orientation sessions1
 basic training1 and other preparatory  

activities7 prior to the agent's first  
regular work assignment2 and  2 and     
7ii7 in clause 7v71 by striking or the  
level #b border patrol rate of pay2     
7,d7 in subparagraph 7,e7--  7i7 in     
clause 7i71 by striking or the level #b 
border patrol rate of pay2  7ii7 in     
clause 7ii71 by striking the analysis   
conducted under section #b7;e7 of the   
,border ,patrol ,agent ,pay ,reform ,act
 of #bjad and inserting in its place a  
written staffing analysis2 and  7iii7 by
 adding at the end the following3  7iv7 
,exclusion of certain employees ,in     
applying any percentage limit under     
clause 7i7 or 7ii7 to a location        
population1 ,u4,s4 ,customs and ,border 
,protection shall exclude from such     
population any border patrol agent who  
is assigned a basic border patrol rate  
of pay under subparagraph 7,d77iii7 or  
7,d77iv7 or who would reach the premium 
pay cap under section #eedg if assigned 
a level #a border patrol rate of pay4   
7v7 ,application frequency ,the #aj     

percent limit under clause 7i7 or an    
alternative percentage limit under a    
waiver under clause 7ii7 shall be       
applied at the beginning of the first   
pay period beginning on or after        
,january #a each year4  2 and  7,e7 by  
striking subparagraph 7,g72  7#c7 in    
subsection 7b77#b7--  7,a7 by amending  
subparagraph 7,c77i7 to read as follows3
  7i7 any compensation under this       
section or any other provision of law in
 addition to the compensation provided  
under subparagraph 7,b72 or  2  7,b7 in 
subparagraph 7,e7-- 7i7 by striking paid
 leave and inserting leave2 and  7ii7 by
 striking absent from work and inserting
 excused from work2  7,c7 in            
subparagraph 7,f77ii71 by striking and2 
7,d7 by amending subparagraph 7,g7 to   
read as follows3  7,g7 if the border    
patrol agent participates in a full day 
of advanced training but does not       
perform the entire required amount of   
scheduled overtime work under           
subparagraph 7,a77ii7 on that day1 the  

border patrol agent shall be deemed to  
have performed scheduled overtime work  
during nonwork periods to the extent    
necessary to reach the required amount1 
but such deemed credit may be applied to
 no more than #ahj hours in a calendar  
year2 otherwise1 the agent shall accrue 
a debt of hours for scheduled overtime  
not worked on such a day2 and  2 and    
7,e7 by adding at the end the following3
  7,h7 a border patrol agent may choose 
to reduce any debt of obligated overtime
 hours that the agent has incurred by   
applying any accrued compensatory time  
off for travel pursuant to section      
#eeej;b1 and such compensatory time off 
for travel may be applied towards such  
debt only after other forms of overtime 
or earned compensatory time credited to 
the border patrol agent have been       
exhausted4  2  7#d7 in subsection       
7b77#c7-- 7,a7 by amending subparagraph 
7,c77i7 to read as follows3  7i7 any    
compensation under this section or any  
other provision of law in addition to   

the compensation provided under         
subparagraph 7,b72 or  2  7,b7 in       
subparagraph 7,e71 by striking paid     
leave and inserting leave2  7,c7 in     
subparagraph 7,f77ii71 by striking and2 
7,d7 by amending subparagraph 7,g7 to   
read as follows3  7,g7 if the border    
patrol agent participates in a full day 
of advanced training but does not       
perform the entire required amount of   
scheduled overtime work under           
subparagraph 7,a77ii7 on that day1 the  
border patrol agent shall be deemed to  
have performed scheduled overtime work  
during nonwork periods to the extent    
necessary to reach the required amount1 
but such deemed credit may be applied to
 no more than #ij hours in a calendar   
year2 otherwise1 the agent shall accrue 
a debt of hours for scheduled overtime  
not worked on such a day2 and  2 and    
7,e7 by adding at the end the following3
  7,h7 a border patrol agent may choose 
to reduce any debt of obligated overtime
 hours that the agent has incurred by   

applying any accrued compensatory time  
off for travel pursuant to section      
#eeej;b2 such compensatory time off for 
travel may be applied towards such debt 
only after other forms of overtime or   
earned compensatory time credited to the
 border patrol agent have been          
exhausted4  2  7#e7 by amending         
subsection 7d7 to read as follows3  7d7 
,treatment as basic pay  7#a7 ,in       
general ,any overtime supplement in     
addition to the basic border patrol rate
 of pay for a border patrol agent       
resulting from application of the level 
#a border patrol rate of pay or the     
level #b border patrol rate of pay shall
 be treated as part of basic pay only-- 
7,a7 except as otherwise provided in    
paragraph 7#c71 for purposes of the     
definitions in section #hcca7c7 and     
#hdja7d7 and the provisions in chapters 
#hc and #hd that rely on those          
definitions 7consistent with section    
#hcca7c77;,i772  7,b7 except as         
otherwise provided in paragraph 7#c71   

for purposes of sections #eeie7;c7 and  
#hgjd7;c72  7,c7 for the purpose of     
section #haad7;e72 and  7,d7 subject to 
paragraph 7#b7 and any limitation       
established under paragraph 7#c71 any   
other purpose that the ,director of the 
,office of ,personnel ,management may by
 regulation prescribe4  7#b7 ,exclusions
 ,the overtime supplement described in  
paragraph 7#a7 shall not be treated as  
part of basic pay for purposes not      
covered by that paragraph1 including the
 purposes of calculating--  7,a7        
overtime pay1 night pay1 ,sunday pay1 or
 holiday pay under section #eedb1 #eede1
 or #eedf2  7,b7 locality-based         
comparability payments under section    
#ecjd or special rate supplements under 
section #ecje2 or  7,c7 cost-of-living  
allowances in nonforeign areas under    
section #eida4  7#c7 ,limitations  7,a7 
,in general ,during the control period  
described in subparagraph 7,b71 the     
amount of the overtime supplement that  
is considered basic pay under paragraphs

 7#a77;,a7 and 7#a77;,b7 may not exceed 
the amount derived by multiplying the   
border patrol agent's basic border      
patrol rate of pay by the percentage    
representing the agent's career average 
of assigned overtime supplement         
percentages 7including #j percent for   
periods of time during which no overtime
 supplement was payable74 ,that career  
average percentage is computed without  
regard to the effect of the limitation  
on premium pay under section #eedg1 but 
the premium pay limitation remains      
applicable in determining the dollar    
amount of any overtime supplement       
computed using the career average       
percentage4  7,b7 ,control period ,for  
the purposes of applying subparagraph   
7,a71 the control period described in   
this subparagraph is the period that    
begins #c years before the date a border
 patrol agent will meet age and service 
requirements associated with entitlement
 to an immediate annuity and continues  
throughout the remainder of the         

individual's career as a border patrol  
agent4  7,c7 ,assigned overtime         
supplement percentages ,for the purpose 
of applying subparagraph 7,a71 a border 
patrol agent's initial career average of
 assigned overtime supplement           
percentages is the average for the      
border patrol agent's career 7excluding 
any period of initial training prior to 
the agent's first regular work          
assignment7 prior to the beginning of   
the control period described in         
subparagraph 7,b74 ,during such control 
period1 the career average shall be     
recomputed at the end of each annual    
period 7as described in subsection      
7b77#a77;,a774 ,in computing such career
 average1 any periods of service as a   
border patrol agent prior to the first  
day of the first pay period beginning on
 or after ,january #a1 #bjaf1 shall be  
included1 and the agent's assigned      
overtime supplement during such periods 
shall be deemed to be #be percent4  7#d7
 ,annual leave payment ,for the purpose 

of computing an agent's lump-sum annual 
leave payment under section #eeea or    
#eeeb1 the pay the agent is projected to
 receive shall include a deemed overtime
 supplement derived under this          
paragraph4 ,such overtime supplement    
shall be based on the lower of the      
agent's actual overtime supplement      
percentage in effect at separation or   
the average percentage of the agent's   
overtime supplement over the #bf full   
biweekly pay periods immediately        
preceding that separation1 and shall not
 exceed the amount that is or would be  
payable under the premium pay limitation
 in section #eedg4  2  7#f7 in          
subsection 7f7-- 7,a7 in the heading of 
such subsection1 by striking and        
substitution of hours and inserting     
during regular time2 absences during    
scheduled overtime2 and  7,b7 by adding 
at the end the following3  7#e7         
,application  7,a7 ,limitation on       
substitution ,notwithstanding paragraph 
7#a71 scheduled overtime 7as described  

in paragraph 7#b77;,a77ii7 or           
7#c77;,a77ii7 of subsection 7b77 may not
 be substituted for leave without pay on
 a day when a border patrol agent has a 
full day of leave without pay4  7,b7    
,leave without pay ,as provided in      
paragraphs 7#b77;,a77ii7 and            
7#c77;,a77ii7 of subsection 7b71 a      
border patrol agent shall incur no      
scheduled overtime obligation on a day  
when the agent has a full day of leave  
without pay4  2 and  7#g7 by adding at  
the end the following3  7h7 ,alternative
 work schedules  7#a7 ,in general       
,notwithstanding any other provision in 
this section or section #faja1 ,u4,s4   
,customs and ,border ,protection may    
assign a border patrol agent an         
alternative work schedule as described  
in this subsection1 subject to any      
regulations prescribed by the ,director 
of the ,office of ,personnel            
,management4 ,no alternative work       
schedule may be established under       
subchapter ,,ii of chapter #fa4  7#b7   

,level #b border patrol agent ,a border 
patrol agent receiving a level #b border
 patrol rate of pay may1 in lieu of the 
standard work schedule described in     
subsection 7b77#c77;,a71 be assigned to 
an alternative work schedule under the  
following terms and conditions3  7,a7   
,the alternative work schedule shall be 
a regular tour of duty consisting of #i 
workdays per biweekly pay period1 with--
  7i7 #h workdays including #i hours of 
regular time per workday and #a         
additional hour of scheduled overtime   
for each day the agent performs work    
during regular time2 and  7ii7 #a       
workday including #h hours of regular   
time per workday and #b additional hours
 of scheduled overtime when the agent   
performs work during such regular time4 
7,b7 ,subparagraphs 7,b7 through 7,h7 of
 subsection 7b77#c7 shall continue to   
apply to an agent assigned to an        
alternative work schedule under this    
paragraph4 ,references in this section  
to regular time under subsection        

7b77#c77;,a77i7 and scheduled overtime  
under subsection 7b77#c77;,a77ii7 shall 
be deemed to be references to regular   
time and scheduled overtime described in
 subparagraph 7,a71 respectively4  7#c7 
,basic border patrol agent ,a border    
patrol agent receiving a basic border   
patrol rate of pay may1 in lieu of the  
standard work schedule described in     
subsection 7b77#d77;,a71 be assigned to 
an alternative work schedule that is a  
regular tour of duty consisting of #d   
workdays per week with #aj hours of     
regular time per workday4  7#d7 ,sunday 
pay2 premium pay ,a border patrol agent 
assigned to an alternative work schedule
 under this subsection1 may receive1 as 
applicable--  7,a7 ,sunday pay for no   
more than #h hours of regular time      
associated with a given ,sunday1        
consistent with section #eedf7;a72  7,b7
 premium pay for work on a holiday for  
no more than #h hours of regular time   
associated with a given holiday1        
consistent with section #eedf7;b72 and  

7,c7 basic pay for all regular time     
hours that qualify for holiday time off 
pay when an agent is relieved or        
prevented from working during such      
regular time on a day designated as a   
holiday by ,federal statute or          
,executive order4  7#e7 ,application    
,for purposes of administering sections 
#fcjc7;a71 #fcjd1 #fcjg7;a7 and 7d71    
#fcbc1 #fcbf1 #fcbg1 and #hcci7m71 in   
the case of an employee assigned to an  
alternative work schedule under this    
subsection1 references to a day or      
workday 7or to multiples or parts       
thereof7 contained in such sections     
shall be considered to be references to 
#h hours 7or to the respective multiples
 or parts thereof74  7i7 ,regulations   
,the ,director of the ,office of        
,personnel ,management shall promulgate 
regulations to carry out this section1  
including regulations governing--  7#a7 
elections and assignments of a border   
patrol rate of pay for newly hired      
border patrol agents who complete       

initial training during an annual       
period2  7#b7 situations in which an    
agent receives more than one type of    
border patrol rate of pay in a biweekly 
pay period or is employed as a border   
patrol agent for only part of a biweekly
 pay period2 and  7#c7 the treatment of 
hours that are substituted for nonpay   
status hours during regular time4  4    
7b7 ,overtime rates ,section            
#eedb7;g77#e7 of title #e1 ,united      
,states ,code1 is amended--  7#a7 in    
subparagraph 7,a71 by striking leave    
year and inserting an annual period1 as 
described in section #eeej7;b77#a77;,a72
 and  7#b7 by amending subparagraph 7,e7
 to read as follows3  7,e7 shall not    
receive credit towards computation of   
the border patrol agent's annuity based 
on unused compensatory time off2 and  4 
7c7 ,premium pay cap ,section #eedg7;c7 
of title #e1 ,united ,states ,code1 is  
amended by inserting after duty1 the    
following3 or to border patrol agents   
who receive an overtime supplement for  

overtime hours within their regular tour
 of duty under section #eeej14  7d7     
,basic pay for retirement ,section      
#hcca7c77;,i7 of title #e1 ,united      
,states ,code1 is amended by adding     
before the semicolon at the end the     
following3 1 subject to the limitation  
prescribed in section #eeej7;d77#c74    
7e7 ,scheduled overtime work ,section   
#b7;c77#b7 of the ,border ,patrol ,agent
 ,pay ,reform ,act of #bjad 7,public    
,law #aac-bgg7 is amended by inserting  
after scheduled overtime work the       
following3 7other than scheduled        
overtime work within the regular tour of
 duty74  #c4 ,effective date ,the       
amendments made by section #b shall take
 effect on the first day of the first   
pay period beginning on or after the day
 that is #ij days after the date of the 
enactment of this ,act4