Mr. Speaker, I move to suspend the rules and pass the bill (S. 1691) to amend title 5, United States Code, to improve the security of the United States border and to provide for reforms and rates of pay for border patrol agents. Mr.…
Mr. Speaker, I move to suspend the rules and pass the bill (S. 1691) to amend title 5, United States Code, to improve the security of the United States border and to provide for reforms and rates of pay for border patrol agents.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on the bill under consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we love the Border Patrol and the men and women who serve on the Border Patrol. We cannot thank them enough for the hard and tough duties that they provide. It is difficult. It is hard.
I have been out there in Arizona as they do this out on ATVs, chasing drug runners. It is amazing what they do and how they do it. We love them, and the bill before us, Mr. Speaker, is a good bill to help them and their families, provide a better service to them and their families, but actually save some money for the Federal Government. This is truly a bill, Mr. Speaker, that is a win-win situation. I am honored to have that bill before us today, and I urge my colleagues to support it.
The Border Patrol Agent Pay Reform Act of 2014 would replace Border Patrol's current pay system and create a consistent and reliable pay system, enhance border security, and save taxpayers literally hundreds of millions of dollars.
Established in 1924, today's Border Patrol relies on roughly 21,000 agents to secure some 6,000 miles of international borders between Mexico and Canada and 2,000 miles of coastal waters surrounding Florida and Puerto Rico.
Properly paying Border Patrol agents and responsibly managing a payroll system are critical to the mission of the United States Customs and Border Patrol, often referred to as CBP.
Thirteen months ago, November 20, 2013, the Subcommittee on National Security held a hearing to examine the Border Patrol's compensation policies. The hearing focused on a report by the Office of Special Counsel documenting abuse of a type of overtime within the Border Patrol.
The OSC testified to longstanding abuse of overtime within the Border Patrol, including by headquarters employees who regularly extended their day by roughly 2 hours and padding their paychecks by an additional 25 percent.
Administratively uncontrollable overtime, AUO, was established more than 40 years ago to pay employees for ``irregular, unscheduled, but necessary overtime.'' The Department of Homeland Security is one of the largest users of AUO within the Federal Government, with Border Patrol accounting for more than 75 percent of the paid AUO.
Border Patrol agents receive between 10 and 25 percent of their basic pay through AUO, depending on the average number of irregular overtime performed per week. Generally, agents themselves are responsible for recognizing without supervision the circumstances which require them to remain on duty beyond regular hours.
They are down on the border; they are pursuing somebody who is coming across illegally. You can't just say, ``Well, time to go home.'' Oftentimes, they work for hours and hours in continued pursuit of these people that had come across illegally.
Under AUO, most agents earn up to 25 percent of their base salary for time worked in excess of 80 hours in a pay period. Agents may earn additional overtime compensation that is generally paid at 50 percent above the regular rate. Total overtime costs for Border Patrol agents, including pay and benefits, was $627 million in 2013 while total compensation costs for those agents was $3.1 billion in that same year.
During the hearing, it became clear that AUO is ill-suited to be meet the needs of today's Border Patrol. In response, I joined with Senators Tester and McCain in introducing legislation to provide Border Patrol a cost-effective and flexible overtime system called the Border Patrol Agent Pay Reform Act. DHS pledged to work with the committee to find a solution at an affordable cost, and that is why we are here today.
Mr. Speaker, under current law, Border Patrol agents who work beyond 85.5 hours to meet mission requirements are generally paid time and a half.
Under the bill, agents will annually elect one of three pay options: number one, work 100 hours per biweekly pay period and increase their base salary by 25 percent; work 90 hours and receive a 12.5 percent base salary increase; or work no overtime at all.
Unscheduled overtime will be treated as comp time with no monetary compensation. The bill eliminates Fair Labor Standards Act overtime which results in significant savings to the taxpayer.
The Border Patrol Agent Pay Reform Act generally requires 90 percent of Border Patrol agents to work 100 hours each per pay period while CBP expects that most remaining agents would work 90 hours per pay period. This staffing floor will allow supervisors to more effectively plan border security operations.
To help ensure accountability, the bill requires the Border Patrol to undertake a detailed assessment of its operational requirements and staffing needs at every Border Patrol station within 1 year of enactment and submit it to Congress for review.
The GAO will examine CBP's methodology and analysis and within 90 days submit a report to Congress indicating whether GAO concurs with CBP's assessments. Border Patrol has flexibility in the staffing floor based on the results of that assessment.
The bill grants CBP management authority to unilaterally assign agents to work additional hours if the security situation along the border necessitates it. The bill reflects months of negotiation and congressional review and is supported by the National Border Patrol Council.
I personally cannot thank the National Border Patrol Council enough for their good work, tenacity on this issue, and their deep desire to make the agents' lives better. They represent some 17,000 agents. CBO estimated that implementing the Senate bill, S. 1691, would save roughly $100 million per year. Costs would decline under Senate bill S. 1691 mostly because Border Patrol agents would no longer receive compensation required under the FLSA.
This is an important bill, Mr. Speaker. There is a lot of good, bipartisan support. If I am not mistaken, it passed unanimously in the Senate. We have held hearings in the Oversight and Government Reform Committee. I want to personally thank Chairman Issa for his good work. I also want to thank Leader McCarthy and Speaker Boehner for allowing this bill to come to the floor. Homeland Security Chairman McCaul and Congresswoman Miller have been pivotal on this. Members from both sides of the aisle, like Dave Reichert, Mr. O'Rourke, and Ron Barber have worked hard on this issue and care about this as well. I, again, appreciate their bipartisan support. And bicameral support, there has been good work from Senator Tester and Senator McCain, who cares deeply about Border Patrol issues, and certainly Senator Carper for making this a reality. It is an honor to have this bill before us today.
I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume, and I want to continue to thank some other Members for making this possible.
Yvette Clarke has been very helpful. She worked diligently on H.R. 3107, which passed 395-8. It has been included in the Senate version, and I am glad to have her involvement in this.
I also want to thank Blake Farenthold for his good work on this. Coming from Texas, he cares deeply about these issues and was very helpful in supporting it.
I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I want to thank Mr. O'Rourke for his passion on this issue. He is a fine gentleman to work with on these types of issues and others. I am happy to serve with him on both Homeland Security and in this body. I thank him for his good work.
There has been good bipartisan work on both sides of the aisle and in both bodies to get to this point today.
I also thank Eleanor Holmes Norton for her personal commitment to these issues, and Federal workers in general.
This truly is a win-win situation. We make life better for Border Patrol agents and their families. We give more certainty to them and their families to help them with their mortgages. We also happen to save money for the American taxpayer. I appreciate the creativity and good work to get to this point.
I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
In conclusion, I thank the gentlewoman from Washington, D.C. I look forward to working with her on a host of issues as we serve on the same committee. I can only hope that as many of them can be as bipartisan as possible. We both have a tenacious nature to fight to represent the constituencies which we represent, and do so in the spirit of making this country better.
Really, that is the reason that this bill has come here today with good, broad bipartisan support. I cannot thank enough Brandon Judd from the National Border Patrol Council. He heads that group. He has been absolutely wonderful on this issue, good leadership from him.
It is my honor to recommend to my colleagues and urge all Members to support the passage of S. 1691.
With that, I yield back the balance of my time.