[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5896 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5896
To amend title 5, United States Code, to modify the authority for pay
and work schedules of border patrol agents, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2018
Mr. Hurd (for himself, Mr. Vela, and Ms. McSally) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to modify the authority for pay
and work schedules of border patrol agents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Patrol Agent Pay Reform
Amendments Act of 2018''.
SEC. 2. AMENDMENTS TO THE BORDER PATROL AGENT PAY REFORM ACT OF 2014.
(a) Border Patrol Agent Pay.--
(1) In general.--Section 5550 of title 5, United States
Code, is amended--
(A) in subsection (a)(1), by inserting ``agent''
after ``applicable border patrol'';
(B) in subsection (b)(1)--
(i) in subparagraph (A), by striking ``Not
later than 30 days before the first day of each
year beginning after the date of enactment of
this section, a border patrol agent shall make
an election whether the border patrol agent
shall, for that year, be assigned to'' and
inserting ``Not later than December 1 of each
year, a border patrol agent shall make an
election whether the border patrol agent shall,
for the next annual period beginning on the
first day of the first pay period that
commences on or after January 1, be assigned
to'';
(ii) in subparagraph (C), by striking ``Not
later than 60 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 1 of each year'';
(iii) in subparagraph (D)--
(I) by amending clause (iv) to read
as follows:
``(iv) a border patrol agent shall be
assigned a basic border patrol rate of pay
during the period of initial training
(including initial orientation sessions, basic
training, and other preparatory activities)
prior to the agent's first regular work
assignment; and''; and
(II) in clause (v), by striking
``or the level 2 border patrol rate of
pay'';
(iv) in subparagraph (E)--
(I) in clause (i), by striking ``or
the level 2 border patrol rate of
pay'';
(II) clause (ii), by striking ``the
analysis conducted under section 2(e)
of the Border Patrol Agent Pay Reform
Act of 2014'' and inserting in its
place ``a written staffing analysis'';
and
(III) by adding at the end the
following:
``(iv) Exclusion of certain employees.--In
applying any percentage limit under clause (i)
or (ii) to a location population, U.S. 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 (D)(iii) or (D)(iv) or who
would reach the premium pay cap under section
5547 if assigned a level 1 border patrol rate
of pay.
``(v) Application frequency.--The 10
percent limit under clause (i) or an
alternative percentage limit under a waiver
under clause (ii) shall be applied at the
beginning of the first pay period beginning on
or after January 1 each year.'';
(v) by amending subparagraph (F) to read as
follows:
``(F) Canine care.--(i) For a border patrol agent
assigned to provide care for a canine while not on duty
and assigned to the level 1 border patrol rate of pay
in accordance with subparagraph (D)(ii)--
``(I) that rate of pay covers all such care
and no other pay shall be paid to the border
patrol agent for such care except as set forth
in subclauses (II) through (V);
``(II) the agent shall be credited with 1
hour of such care for each calendar day on
which such care occurs (without regard to the
actual duration of such care);
``(III) canine care hours credited under
subclause (II) on a day when the agent performs
regular time work under paragraph (2)(A)(i)
shall--
``(aa) be counted as up to 1 hour
of scheduled overtime (as described in
paragraph (2)(A)(ii)) on that work day
if the agent has not completed 2 hours
of scheduled overtime (excluding the
canine care hour credited under clause
(ii)) on that workday; or
``(bb) be counted as up to 1 hour
of overtime work that is officially
ordered or approved in advance of the
workweek under section 5542(g) based on
the amount of canine care credit for
the workday that is not converted to
scheduled overtime under item (aa);
``(IV) canine care hours credited under
subclause (II) on a day when the agent does not
perform regular time work under paragraph
(2)(A)(i) shall be counted as 1 hour of
overtime work that is officially ordered or
approved in advance of the workweek under
section 5542(g); and
``(V) notwithstanding subclauses (III)(bb)
and (V), overtime work credited under those
subclauses is subject to substitution or
application as provided in paragraph (2)(F) and
subsection (f) as follows:
``(aa) Substitution for periods of
absence during regular time or
scheduled overtime (as described in
paragraph (2)(A)(ii)) within the same
work period in which the canine care
credit was generated.
``(bb) Application towards a debt
of obligated overtime hours.
``(ii) Canine care hours credited under subclauses
(III) or (IV) shall not be credited as overtime work
under any other provision of law.''; and
(vi) by striking subparagraph (G);
(C) in subsection (b)(2)--
(i) by amending subparagraph (C)(i) to read
as follows:
``(i) any compensation under this section
or any other provision of law in addition to
the compensation provided under subparagraph
(B); or'';
(ii) in subparagraph (E)--
(I) by striking ``paid leave'' and
inserting ``leave''; and
(II) by striking ``absent from
work'' and inserting ``excused from
work'';
(iii) in subparagraph (F)(ii), by striking
``and'';
(iv) by amending subparagraph (G) to read
as follows:
``(G) 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 (A)(ii) on that day, the border patrol
agent shall be deemed to have performed scheduled
overtime work during nonwork periods to the extent
necessary to reach the required amount, but such deemed
credit may be applied to no more than 180 hours in a
calendar year; otherwise, the agent shall accrue a debt
of hours for scheduled overtime not worked on such a
day; and''; and
(v) by adding at the end the following:
``(H) 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 5550b, 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 exhausted.'';
(D) in subsection (b)(3)--
(i) by amending subparagraph (C)(i) to read
as follows:
``(i) any compensation under this section
or any other provision of law in addition to
the compensation provided under subparagraph
(B); or'';
(ii) in subparagraph (E), by striking
``paid leave'' and inserting ``leave'';
(iii) in subparagraph (F)(ii), by striking
``and'';
(iv) by amending subparagraph (G) to read
as follows:
``(G) 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 (A)(ii) on that day, the border patrol
agent shall be deemed to have performed scheduled
overtime work during nonwork periods to the extent
necessary to reach the required amount, but such deemed
credit may be applied to no more than 90 hours in a
calendar year; otherwise, the agent shall accrue a debt
of hours for scheduled overtime not worked on such a
day; and''; and
(v) by adding at the end the following:
``(H) 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 5550b; 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 exhausted.'';
(E) by amending subsection (d) to read as follows:
``(d) Treatment as Basic Pay.--
``(1) 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 1 border patrol rate of
pay or the level 2 border patrol rate of pay shall be treated
as part of basic pay only--
``(A) except as otherwise provided in paragraph
(3), for purposes of the definitions in section 8331(3)
and 8401(4) and the provisions in chapters 83 and 84
that rely on those definitions (consistent with section
8331(3)(I));
``(B) except as otherwise provided in paragraph
(3), for purposes of sections 5595(c) and 8704(c);
``(C) for the purpose of section 8114(e); and
``(D) subject to paragraph (2) and any limitation
established under paragraph (3), any other purpose that
the Director of the Office of Personnel Management may
by regulation prescribe.
``(2) Exclusions.--The overtime supplement described in
paragraph (1) shall not be treated as part of basic pay for
purposes not covered by that paragraph, including the purposes
of calculating--
``(A) overtime pay, night pay, Sunday pay, or
holiday pay under section 5542, 5545, or 5546;
``(B) locality-based comparability payments under
section 5304 or special rate supplements under section
5305; or
``(C) cost-of-living allowances in nonforeign areas
under section 5941.
``(3) Limitations.--
``(A) In general.--During the control period
described in subparagraph (B), the amount of the
overtime supplement that is considered basic pay under
paragraphs (1)(A) and (1)(B) 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 (including 0 percent
for periods of time during which no overtime supplement
was payable). That career average percentage is
computed without regard to the effect of the limitation
on premium pay under section 5547, but the premium pay
limitation remains applicable in determining the dollar
amount of any overtime supplement computed using the
career average percentage.
``(B) Control period.--For the purposes of applying
subparagraph (A), the control period described in this
subparagraph is the period that begins 3 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
agent.
``(C) Assigned overtime supplement percentages.--
For the purpose of applying subparagraph (A), a border
patrol agent's initial career average of assigned
overtime supplement percentages is the average for the
border patrol agent's career (excluding any period of
initial training prior to the agent's first regular
work assignment) prior to the beginning of the control
period described in subparagraph (B). During such
control period, the career average shall be recomputed
at the end of each annual period (as described in
subsection (b)(1)(A)). In computing such career
average, any periods of service as a border patrol
agent prior to the first day of the first pay period
beginning on or after January 1, 2016, shall be
included, and the agent's assigned overtime supplement
during such periods shall be deemed to be 25 percent.
``(4) Annual leave payment.--For the purpose of computing
an agent's lump-sum annual leave payment under section 5551 or
5552, the pay the agent is projected to receive shall include a
deemed overtime supplement derived under this paragraph. 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 26 full biweekly pay periods immediately preceding
that separation, and shall not exceed the amount that is or
would be payable under the premium pay limitation in section
5547.'';
(F) in subsection (f)--
(i) in the heading of such subsection, by
striking ``and Substitution of Hours'' and
inserting ``During Regular Time; Absences
During Scheduled Overtime''; and
(ii) by adding at the end the following:
``(5) Special rules for leave without pay.--
``(A) At least 1 workday.--If a border patrol agent
takes leave without pay for a period of at least 1
workday, the agent shall not receive any pay for the
hours during which the border patrol agent took leave
without pay.
``(B) No accrual of overtime debt.--A border patrol
agent shall not accrue an overtime debt for any full
workdays during which a border patrol agent uses leave
without pay, regardless of the border patrol rate of
pay to which the border patrol agent is assigned.
``(C) Calculation of pay.--For pay periods during
which a border patrol agent takes 1 or more full days
of leave without pay, the amount of border patrol pay
that the agent would normally receive shall be reduced
proportionally by the amount of overtime hours that the
agent has not worked due to being on leave without pay.
The total amount of border patrol pay that a border
patrol agent would normally receive in a pay period
described in the preceding sentence shall be decreased
based on the percentage of work days for which the
border patrol agent takes leave without pay.''; and
(G) by adding at the end the following:
``(i) Alternative Work Schedules.--
``(1) In general.--Notwithstanding any other provision in
this section or section 6101, U.S. Customs and Border
Protection may assign a border patrol agent an alternative work
schedule as described in this subsection, subject to any
regulations prescribed by the Director of the Office of
Personnel Management. No alternative work schedule may be
established under subchapter II of chapter 61.
``(2) Level 2 border patrol agent.--A border patrol agent
receiving a level 2 border patrol rate of pay may, in lieu of
the standard work schedule described in subsection (b)(3)(A),
be assigned to an alternative work schedule under the following
terms and conditions:
``(A) The alternative work schedule shall be a
regular tour of duty consisting of 9 workdays per
biweekly pay period, with--
``(i) 8 workdays including 9 hours of
regular time per workday and 1 additional hour
of scheduled overtime for each day the agent
performs work during regular time; and
``(ii) 1 workday including 8 hours of
regular time per workday and 2 additional hours
of scheduled overtime when the agent performs
work during such regular time.
``(B) Subparagraphs (B) through (H) of subsection
(b)(3) shall continue to apply to an agent assigned to
an alternative work schedule under this paragraph.
References in this section to regular time under
subsection (b)(3)(A)(i) and scheduled overtime under
subsection (b)(3)(A)(ii) shall be deemed to be
references to regular time and scheduled overtime
described in subparagraph (A), respectively.
``(3) Basic border patrol agent.--A border patrol agent
receiving a basic border patrol rate of pay may, in lieu of the
standard work schedule described in subsection (b)(4)(A), be
assigned to an alternative work schedule that is a regular tour
of duty consisting of 4 workdays per week with 10 hours of
regular time per workday.''.
(2) Regulations.--The Director of the Office of Personnel
Management shall promulgate regulations to carry out the
amendments made by this subsection, including regulations
governing--
(A) elections and assignments of a border patrol
rate of pay for newly hired border patrol agents who
complete initial training during an annual period;
(B) situations in which a border patrol 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 period;
and
(C) the treatment of hours that are substituted for
nonpay status hours during regular time.
(b) Overtime Rates.--Section 5542(g)(5) of title 5, United States
Code, is amended--
(1) in subparagraph (A), by striking ``leave year'' and
inserting ``an annual period, as described in section
5550(b)(1)(A)''; and
(2) by amending subparagraph (E) to read as follows:
``(E) shall not receive credit towards computation
of the border patrol agent's annuity based on unused
compensatory time off; and''.
(c) Premium Pay Cap.--Section 5547(c) of title 5, United States
Code, is amended by inserting after ``duty,'' the following: ``or to
border patrol agents who receive an overtime supplement for overtime
hours within their regular tour of duty under section 5550,''.
(d) Basic Pay for Retirement.--Section 8331(3)(I) of title 5,
United States Code, is amended by adding before the semicolon at the
end the following: ``, subject to the limitation prescribed in section
5550(d)(3)''.
(e) Scheduled Overtime Work.--Section 2(c)(2) of the Border Patrol
Agent Pay Reform Act of 2014 (Public Law 113-277) is amended by
inserting after ``scheduled overtime work'' the following: ``(other
than scheduled overtime work within the regular tour of duty)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall take effect on the first day
of the first pay period beginning on or after the day that is 90 days
after the date of the enactment of this Act.
<all>