HEN13626

S.L.C.

113TH CONGRESS 1ST SESSION

S. ll

To provide for premium pay for border patrol agents.

IN THE SENATE OF THE UNITED STATES

Mr. TESTER llllllllll introduced the following bill; which was read twice and referred to the Committee on llllllllll

A BILL
To provide for premium pay for border patrol agents. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4

SECTION 1. SHORT TITLE.

This Act may be cited as the Border Patrol Agent

5 Pay Reform Act of 2013. 6 7

SEC. 2. PURPOSE.

The purpose of this Act is to provide premium pay

8 to border patrol agents to ensure the availability of border 9 patrol agents to perform up to 10 hours of overtime dur10 ing a work week based on the needs of U.S. Customs and 11 Border Protection.

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2 1 2
SEC. 3. BORDER PATROL RATE OF PAY.

(a) IN GENERAL.Subchapter V of chapter 55 of

3 title 5, United States Code, is amended by inserting after 4 section 5549 the following: 5 5550. Border patrol rate of pay 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (a) DEFINITIONS.In this section (1) the term available to work means a border patrol agent is generally and reasonably accessible by U.S. Customs and Border Protection to perform unscheduled duty based on the needs of U.S. Customs and Border Protection; (2) the term border patrol agent means an individual who is (A) employed in the uniformed law enforcement component of U.S. Customs and Border Protection; and (B) performing functions included under position classification series 1896 (Border Patrol Enforcement) of the Office of Personnel Management, or any successor thereto, including (i) detecting and preventing illegal entry and smuggling of aliens, commercial goods, narcotics, weapons, or contraband into the United States; and

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (ii) arresting individuals suspected of conduct described in clause (i); (3) the term border patrol rate of pay means the amount equal to 1.25 times the otherwise applicable hourly rate of pay of a border patrol agent; (4) the term work hours during a week of a work period, relating to a week of a work period, means the sum of (A) the number of hours a border patrol agent works during the week (without regard to whether the hours were scheduled); and (B) the number of hours during which the border patrol agent is available to work during the week; and (5) the term work period means a 14-day biweekly pay period. (b) RECEIPT
OF

BORDER PATROL RATE

OF

PAY.

18 If a border patrol agents work hours during a week of 19 a work period are more than 49 hours, the border patrol 20 agent shall receive pay at the border patrol rate of pay 21 for any time during the work period the border patrol 22 agent is 23 24 (1) performing a function described in subsection (a)(2)(B);

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (2) attending training authorized by U.S. Customs and Border Protection; (3) on approved leave; (4) on ordered travel status; (5) on official time within the meaning of section 7131; (6) on excused absence with pay for relocation purposes; (7) on light duty or continuation of pay due to injury or disability; (8) performing administrative duties or mission critical work assignments while maintaining law enforcement authority; (9) caring for the canine assigned to the border patrol agent, which may not exceed 1 hour per day; or (10) engaged in an activity similar to an activity described in paragraphs (1) through (9) while temporarily away from the regular duty assignment of the border patrol agent. (c) TREATMENT
AS

BASIC PAY.Any pay received

22 at the border patrol rate of pay shall be treated as part 23 of basic pay 24 25 (1) for purposes of sections 5595(c), 8114(e), 8331(3), and 8704(c);

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5 1 2 3 4 5 6 (2) for any other purpose that the Office of Personnel Management may by regulation prescribe; and (3) for any other purpose expressly provided for by law. (d) NO PAY CAP.Notwithstanding any other pro-

7 vision of law, there shall not be a limit on the aggregate 8 amount of pay received by a border patrol agent under 9 this section or section 5542(a)(7). 10 11 12 13 14 15 16 17 18 19 20 21 22 (e) LIMITATIONS. (1) IN
GENERAL.Except

as provided in para-

graph (2), a border patrol agent receiving pay at the border patrol rate of pay for a work period shall not receive premium pay, overtime pay, or other compensation for hours worked during the work period under any other provision of law. (2) OVERTIME.A border patrol agent receiving pay at the border patrol rate of pay for a work period may receive overtime pay for overtime work during the work period in accordance with section 5542(a)(7).. (b) OVERTIME.Section 5542(a) of title 5, United

23 States Code, is amended by adding at the end the fol24 lowing:

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6 1 (7)(A) Notwithstanding the matter preceding para-

2 graph (1) or paragraphs (1) and (2), for a border patrol 3 agent being paid at the border patrol rate of pay under 4 section 5550 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (i)(I) except as provided in subparagraph (B), hours of work officially ordered or approved in excess of 98.5 hours during a 2-week period shall be overtime work; and (II) additional, unscheduled hours of work officially ordered or approved during a day during which the border patrol agent works scheduled hours shall be overtime work; and (ii) the overtime rate of pay for hours of overtime work is an amount equal to one and one-half times the hourly rate of pay of the border patrol agent (which shall be determined without regard to section 5550), and all that amount is premium pay. (B) Subparagraph (A)(i)(I) shall not apply to a bor-

19 der patrol agent who is in a position classified as 20 21 22 23 24 25 (i) an intelligence position by U.S. Customs and Border Protection; or (ii) above level 12 of the General Schedule.. (c) TECHNICAL
AND

CONFORMING AMENDMENTS.

(1) Section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)) is amended

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7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (A) in paragraph (1), by striking or at the end; (B) in paragraph (2), by adding or at the end; and (C) by inserting after paragraph (2) the following: (3) in the case of a border patrol agent who is receiving pay at the border patrol rate of pay (as such terms are defined under section 5550 of title 5, United States Code), in a 14-day work period for tours of duty which in the aggregate exceed 98.5 hours, the border patrol agent receives,. (2) The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5549 the following:
5550. Border patrol rate of pay..