S.Amdt. 1459

1. Adds SEC. 1122. BORDER PATROL RATE OF PAY at the end of title I

   Adds a section

   In S. 744 · Reported to Senate

   (c) Prohibition on Confiscation of Property.--Notwithstanding any other provision of law, lawful, nonperishable belongings of a migrant that are confiscated by personnel operating under Federal authority shall be returned to the migrant before repatriation, to the extent practicable.

   Inserted: SEC. 1122. BORDER PATROL RATE OF PAY.

   Inserted: (a) Purpose.--The purposes of this section are--

   Inserted: (1) to strengthen U.S. Border Patrol and ensure border patrol agents are sufficiently ready to conduct necessary work and that agents will perform overtime hours in excess of a 40 hour work week based on the needs of the employing agency; and

   Inserted: (2) to ensure U.S. Border Patrol has the flexibility to cover shift changes and retains the right to assign scheduled and unscheduled work for mission requirements and planning based on operational need.

   Inserted: (b) Rates of Pay.--Subchapter V of chapter 55 of title 5, United States Code, is amended by inserting after section 5549 the following:

   Inserted: "Sec. 5550. Border patrol rate of pay

   Inserted: "(a) Definitions.--In this section--

   Inserted: "(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;

   Inserted: "(2) the term 'border patrol agent' means an individual who is performing functions included under position classification series 1896 (Border Patrol Enforcement) of the Office of Personnel Management, or any successor thereto, including performing covered border patrol activities;

   Inserted: "(3) the term 'covered border patrol activities' means a border patrol agent is--

   Inserted: "(A) detecting and preventing illegal entry and smuggling of aliens, commercial goods, narcotics, weapons, or contraband into the United States;

   Inserted: "(B) arresting individuals suspected of conduct described in subparagraph (A);

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   Inserted: "(C) attending training authorized by U.S. Customs and Border Protection;

   Inserted: "(D) on approved annual, sick, or administrative leave;

   Inserted: "(E) on ordered travel status;

   Inserted: "(F) on official time, within the meaning of section 7131;

   Inserted: "(G) on excused absence with pay for relocation purposes;

   Inserted: "(H) on light duty due to injury or disability;

   Inserted: "(I) performing administrative duties or mission critical work assignments while maintaining law enforcement authority;

   Inserted: "(J) caring for the canine assigned to the border patrol agent, which may not exceed 1 hour per day; or

   Inserted: "(K) engaged in an activity similar to an activity described in subparagraphs (A) through (J) while temporarily away from the regular duty assignment of the border patrol agent;

   Inserted: "(4) the term 'level 1 border patrol rate of pay' means the hourly rate of pay equal to 1.25 times the otherwise applicable hourly rate of pay of the applicable border patrol agent;

   Inserted: "(5) the term 'level 2 border patrol rate of pay' means the hourly rate of pay equal to 1.125 times the otherwise applicable hourly rate of pay of the applicable border patrol agent; and

   Inserted: "(6) the term 'work period' means a 14-day biweekly pay period.

   Inserted: "(b) Receipt of Border Patrol Rate of Pay.--

   Inserted: "(1) Voluntary election.--

   Inserted: "(A) In general.--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 the following year--

   Inserted: "(i) be assigned to the level 1 border patrol rate of pay;

   Inserted: "(ii) be assigned the level 2 border patrol rate of pay; or

   Inserted: "(iii) decline to be assigned the level 1 border patrol rate of pay or the level 2 border patrol rate of pay.

   Inserted: "(B) Procedures.--The Director of the Office of Personnel Management shall establish procedures for elections under subparagraph (A).

   Inserted: "(C) Information regarding election.--Not later than 60 days before the first day of each year beginning after the date of enactment of this section, U.S. Border Patrol shall provide each border patrol agent with information regarding each type of election available under subparagraph (A) and how to make such an election.

   Inserted: "(D) Failure to elect.--A border patrol agent who fails to make a timely election under subparagraph (A) shall be deemed to have made an election to be assigned to the level 1 border patrol rate of pay under subparagraph (A)(i).

   Inserted: "(E) Sense of congress.--It is the sense of Congress that U.S. Border Patrol should take such action as is necessary to ensure that not more than 10 percent of the border patrol agents stationed at a location decline to be assigned to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay.

   Inserted: "(2) Level 1 border patrol rate of pay.--For a border patrol agent who has in effect an election under paragraph (1)(A)(i), the border patrol agent--

   Inserted: "(A) shall be scheduled to work 10 hours per day and 5 days per week;

   Inserted: "(B) shall receive pay at the level 1 border patrol rate of pay for the hours of scheduled work described in subparagraph (A);

   Inserted: "(C) shall receive pay at the level 1 border patrol rate of pay for the number of hours during which the border patrol agent is available to work during a work period; and

   Inserted: "(D) shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 100 hours during a work period, as determined in accordance with section 5542(a)(7).

   Inserted: "(3) Level 2 border patrol rate of pay.--For a border patrol agent who has in effect an election under paragraph (1)(A)(ii), the border patrol agent--

   Inserted: "(A) shall be scheduled to work 9 hours per day and 5 days per week;

   Inserted: "(B) shall receive pay at the level 2 border patrol rate of pay for the hours of scheduled work described in subparagraph (A);

   Inserted: "(C) shall receive pay at the level 2 border patrol rate of pay for the number of hours during which the border patrol agent is available to work during a work period; and

   Inserted: "(D) shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 90 hours during a work period, as determined in accordance with section 5542(a)(7).

   Inserted: "(4) Basic border patrol rate of pay.--For a border patrol agent who has in effect an election under paragraph (1)(A)(iii), the border patrol agent--

   Inserted: "(A) shall be scheduled to work 8 hours per day and 5 days per week;

   Inserted: "(B) shall receive pay at the applicable hourly rate of basic pay of the applicable border patrol agent for the number of hours during which the border patrol agent is available to work during a work period; and

   Inserted: "(C) shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 80 hours during a work period, as determined in accordance with section 5542(a)(7).

   Inserted: "(c) Eligibility for Other Premium Pay.--A border patrol agent shall receive premium pay in accordance with sections 5545 and 5546, without regard to the election of the border patrol agent under subsection (b)(1)(A).

   Inserted: "(d) Treatment as Basic Pay.--Any pay received at the level 1 border patrol rate of pay or the level 2 border patrol rate of pay or pay described in subsection (b)(3)(B) shall be treated as part of basic pay for--

   Inserted: "(1) purposes of sections 5595(c), 8114(e), 8331(3), and 8704(c);

   Inserted: "(2) any other purpose that the Office of Personnel Management may by regulation prescribe; and

   Inserted: "(3) any other purpose expressly provided for by law.

   Inserted: "(e) Authority To Require Overtime Work.--Nothing in this section shall be construed to limit the authority of U.S. Border Protection to require a border patrol agent to perform hours of overtime work in the event of a local or national emergency.".

   Inserted: (c) Overtime Work.--Section 5542(a) of title 5, United States Code, is amended by adding at the end the following:

   Inserted: "(7)(A) In this paragraph, the term 'border patrol agent' has the meaning given that term in section 5550.

   Inserted: "(B) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a border patrol agent who has in effect an election to be assigned to the level 1 border patrol rate of pay under section 5550(b)(1)(A)(i)--

   Inserted: "(i) except as provided in subparagraph (E), hours of work in excess of 100 hours during a 14-day biweekly pay period shall be overtime work; and

   Inserted: "(ii) the border patrol agent--

   Inserted: "(I) shall receive pay at the overtime hourly rate of pay for hours of overtime work that are officially ordered or approved; and

   Inserted: "(II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I).

   Inserted: "(C) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a border patrol agent who has in effect an election to be eligible for the level 2 border patrol rate of pay under section 5550(b)(1)(A)(ii)--

   Inserted: "(i) except as provided in subparagraph (E), hours of work in excess of 90 hours during a 14-day biweekly pay period shall be overtime work; and

   Inserted: "(ii) the border patrol agent--

   Inserted: "(I) shall receive pay at the overtime hourly rate of pay for hours of overtime work that are officially ordered or approved; and

   Inserted: "(II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I).

   Inserted: "(D) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a border patrol agent who has in effect an election under section 5550(b)(1)(A)(iii)--

   Inserted: "(i) except as provided in subparagraph (E), hours of work in excess of 80 hours during a 14-day biweekly pay period shall be overtime work; and

   Inserted: "(ii) the border patrol agent--

   Inserted: "(I) shall receive pay at the overtime hourly rate of pay for hours of overtime work that are officially ordered or approved; and

   Inserted: "(II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I).

   Inserted: "(E) During a 14-day biweekly pay period, a border patrol agent shall not perform and may not receive compensatory time off for more than 8 hours of overtime work that is not officially approved.

   Inserted: "(F) A border patrol agent--

   Inserted: "(i) may not accrue more than 240 hours of compensatory time off during a year; and

   Inserted: "(ii) shall use any hours of compensatory time off not later than 1 year after the date on which the compensatory time off is accrued.".

   Inserted: (d) Step Increases.--

   Inserted: (1) In general.--Effective on the first day of the first pay period beginning after December 31, 2013, each border patrol agent (as defined in section 5550 of title 5, United States Code, as added by subsection (b)) in a position at or below GS-12 of the General Schedule under section 5332 of title 5, United States Code, shall be granted a step-increase of 2 steps, except that an increase under this section may not increase the rate of pay of a border patrol agent to be more than the highest pay rate within the GS grade of the border patrol agent on the date of enactment of this Act.

   Inserted: (2) Effect on periodic step-increases.--The date on which a border patrol agent who receives a step-increase under paragraph (1) is eligible for a periodic step-increase under section 5335 of title 5, United States Code, shall be determined based on the effective date of the step-increase under paragraph (1).

   Inserted: (e) Technical and Conforming Amendments.--

   Inserted: (1) Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended--

   Inserted: (A) in paragraph (16), by striking "or" after the semicolon;

   Inserted: (B) in paragraph (17), by striking the period at the end and inserting "; or"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(18) any employee who is a border patrol agent, as defined in section 5550(a) of title 5, United States Code.".

   Inserted: (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:

   Inserted: "5550. Border patrol rate of pay.".

   Original wording

   At the end of title I, add the following:

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As printed