```

[House Report 115-973]
[From the U.S. Government Publishing Office]

115th Congress    }                                  {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {         115-973

======================================================================

 
         BORDER PATROL AGENT PAY REFORM AMENDMENTS ACT OF 2018

                                _______
                                

 September 25, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Gowdy, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5896]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (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, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Summary and Purpose of Legislation...............................     2
Background and Need for Legislation..............................     3
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     7
Statement of General Performance Goals and Objectives............     7
Legislative History..............................................     7
Committee Consideration..........................................     8
Roll Call Votes..................................................     8
Explanation of Amendments........................................     8
Application of Law to the Legislative Branch.....................     8
Duplication of Federal Programs..................................     8
Disclosure of Directed Rule Makings..............................     8
Federal Advisory Committee Act...................................     8
Unfunded Mandates Statement......................................     9
Earmark Identification...........................................     9
Committee Estimate...............................................     9
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     9
Section-by-Section Analysis......................................    10
Changes in Existing Law Made by the Bill, as Reported............    12
    The amendments (stated in terms of the page and line 
numbers of the introduced bill) are as follows:
  Page 2, line 1, strike ``(1) In general.--'' (and promote 
each subparagraph and clause by 1 level, respectively).

  Page 6, line 7, strike ``(V)'' and insert ``(IV)''.

  Page 15, line 7, strike ``(i)'' and insert ``(h)''.

  Page 17, line 2, strike the quotation marks and the second 
period.

  Page 17, after line 2, insert the following:

          ``(4) Sunday pay; premium pay.--A border patrol agent 
        assigned to an alternative work schedule under this 
        subsection, may receive, as applicable--
                  ``(A) Sunday pay for no more than 8 hours of 
                regular time associated with a given Sunday, 
                consistent with section 5546(a);
                  ``(B) premium pay for work on a holiday for 
                no more than 8 hours of regular time associated 
                with a given holiday, consistent with section 
                5546(b); and
                  ``(C) 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 
                order.
          ``(5) Application.--For purposes of administering 
        sections 6303(a), 6304, 6307(a) and (d), 6323, 6326, 
        6327, and 8339(m), in the case of an employee assigned 
        to an alternative work schedule under this subsection, 
        references to a day or workday (or to multiples or 
        parts thereof) contained in such sections shall be 
        considered to be references to 8 hours (or to the 
        respective multiples or parts thereof).
  ``(i) Regulations.--The Director of the Office of Personnel 
Management shall promulgate regulations to carry out this 
section, including regulations governing--
          ``(1) elections and assignments of a border patrol 
        rate of pay for newly hired border patrol agents who 
        complete initial training during an annual period;
          ``(2) 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 period; and
          ``(3) the treatment of hours that are substituted for 
        nonpay status hours during regular time.''.

  Page 17, strike lines 3 through 18.

                   Summary and Purpose of Legislation

    H.R. 5896, the Border Patrol Agent Pay Reform Amendments 
Act of 2018, revises aspects of the Border Patrol Agent Pay 
Reform Act of 2014, including Border Patrol staffing analyses, 
tours of duty for certain employees, monetary compensation for 
canine care, advanced training, travel compensatory time, the 
retirement control period, leave without pay, and alternative 
work schedules, among other changes. The purpose of the 
legislation is to address implementation issues related to the 
2014 law and additional concerns raised by Border Patrol 
agents.

                  Background and Need for Legislation

    The Border Patrol, a component of the Department of 
Homeland Security's U.S. Customs and Border Protection (CBP), 
is a law enforcement agency responsible for preventing the 
entry of terrorists and terrorist weapons into the United 
States between official ports of entry. The agency's mission 
also includes the enforcement of immigration laws and the 
detection, interdiction, and apprehension of those who attempt 
to illegally enter or smuggle people or contraband, including 
illicit drugs, across U.S. borders. The Border Patrol guards 
nearly 6,000 miles of land bordering Canada and Mexico and more 
than 2,000 miles of coastal waters around Florida and Puerto 
Rico.\1\
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    \1\Border Patrol Overview, https://www.cbp.gov/border-security/
along-us-borders/overview (last visited June 6, 2018).
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    Prior Border Patrol administration of its overtime system, 
including use of administratively uncontrollable overtime 
(AUO),\2\ resulted in overtime payment abuses at the agency.\3\ 
In response, on December 18, 2014, Congress enacted the Border 
Patrol Agent Pay Reform Act of 2014 (BPAPRA).\4\ BPAPRA 
simplified the pay system for employees of the Border Patrol by 
creating a new system that ``results in more hours worked by 
agents, provides more reliable schedules and paychecks for 
agents, and saves taxpayers money.''\5\
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    \2\Administratively uncontrollable overtime is a type of premium 
pay intended to compensate eligible federal employees for substantial 
amounts of irregular, unscheduled overtime that cannot be controlled 
administratively. 5 U.S.C. Sec. 5545(c).
    \3\See Abuse of Overtime at DHS: Padding Paychecks and Pensions at 
Taxpayer Expense: Hearing Before the Subcomm. on Nat'l Sec., H. Comm. 
on Oversight & Gov't Reform, 113th Cong. (Nov. 20, 2013); See also S. 
Comm. on Homeland Sec. & Governmental Affairs, Border Patrol Agent Pay 
Reform Act 4-8, 113th Cong. (Aug. 26, 2014) (S. Rep. 113-248) 
[hereinafter S. Rep. 113-248].
    \4\Border Patrol Agent Pay Reform Act of 2014, Pub. L. No. 113-277, 
128 Stat. 2995, 3010 [hereinafter Border Patrol Agent Pay Reform Act of 
2014].
    \5\S. Rep. 113-248 at 8.
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    Under BPAPRA, agents choose one of three tours of duty 
commensurate with the amount of scheduled overtime the agents 
elect or are assigned to work. The tours are:
           Level 1--Agents work 100 hours per biweekly 
        pay period and receive 125 percent of their otherwise 
        applicable basic pay (80 hours of regular work and 20 
        hours of scheduled overtime).\6\ This equates to a ten-
        hour day during a five-day work week with a 25 percent 
        overtime supplement payment.
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    \6\5 U.S.C. Sec. 5550(b)(2).
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           Level 2--Agents work 90 hours per biweekly 
        pay period and receive 112.5 percent of their otherwise 
        applicable basic pay (80 hours of regular work and 10 
        hours of scheduled overtime).\7\ This equates to a 
        nine-hour day during a five-day work week with a 12.5 
        percent overtime supplement payment.
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    \7\5 U.S.C. Sec. 5550(b)(3).
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           Basic--Agents work 80 hours per biweekly pay 
        period and receive their otherwise applicable basic 
        pay.\8\ This equates to an eight-hour day during a 
        five-day work week.
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    \8\5 U.S.C. Sec. 5550(b)(4).
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    No additional compensation beyond that provided under the 
BPAPRA levels is authorized for the scheduled overtime required 
on the selected tour of duty.\9\ AUO and overtime under the 
Fair Labor Standards Act is prohibited.\10\ Any unscheduled 
overtime that must be worked by agents beyond the level they 
elected in their tour of duty is rewarded with compensatory 
time off (up to ten hours per biweekly pay period but not to 
exceed 240 hours in a year).\11\ Scheduled overtime beyond that 
which is required in an agent's tour of duty can be compensated 
under section 5542 of title 5, United States Code, but doing so 
is highly discouraged.\12\
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    \9\5 U.S.C. Sec. Sec. 5550(b)(2)(C); (3)(C).
    \10\29 U.S.C. Sec. 213(a)(18); 5 U.S.C. Sec. 5550(c)(2).
    \11\5 U.S.C. Sec. 5542(g).
    \12\Id.; Border Patrol Agent Pay Reform Act of 2014 at 2(c)(2).
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    BPAPRA was supported by the Obama Administration, as well 
as the National Border Patrol Council (NBPC), the exclusive 
bargaining representative of Border Patrol agents.\13\ As then-
Border Patrol Deputy Chief Ronald Vitiello testified, the new 
law would create ``a system that controls costs, fairly 
compensates certain agents for irregular and necessary work, 
and maximizes agent capability for critical law enforcement and 
border security responsibilities.''\14\ It passed both the 
Senate and House of Representatives by voice vote.\15\
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    \13\Border Security: Examining the Implications of S. 1691, the 
Border Patrol Pay Reform Act of 2013: Hearing Before the S. Comm. on 
Homeland Sec. & Governmental Affairs, 113th Cong. 5-8 (June 9, 2014) 
(statements of Ronald Vitiello, Deputy Chief, Border Patrol, and 
Brandon Judd, President, National Border Patrol Council).
    \14\Id., at 6 (statement of Ronald Vitiello, Deputy Chief, Border 
Patrol).
    \15\134 Cong. Rec. S5862-72 (Sept. 18, 2014); 150 Cong. Rec. H8945-
49 (Dec. 10, 2014).
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    BPAPRA assigned the Office of Personnel Management (OPM) 
responsibility for promulgating and implementing 
regulations.\16\ As OPM worked with CBP to execute the changes 
mandated by the law, the agencies determined statutory changes 
were necessary to address implementation challenges, as well as 
to generally improve the human capital management system at 
CBP.\17\ The initial implementation process culminated in a 
joint CBP and OPM suggestion to Congress to amend aspects of 
BPAPRA in November of 2016.\18\ Separately, the NBPC identified 
three main issues with BPAPRA that Border Patrol agents felt 
needed to be addressed: compensation for canine care, 
alternative work schedules, and leave without pay overtime 
obligations.\19\
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    \16\Border Patrol Agent Pay Reform Act of 2014 at Sec. 2(h).
    \17\See Email from Office of Personnel Mgmt. staff to majority 
staff, H. Comm. on Oversight & Gov't Reform (Nov. 10, 2016, 11:41 a.m.) 
(on file with the Committee).
    \18\Office of Personnel Mgmt. & U.S. Customs and Border Protection, 
Technical Assistance on the Border Patrol Agent Pay Reform Act of 2014 
(Nov. 7, 2016) [hereinafter ``OPM & CBP Joint Technical Assistance''].
    \19\See e.g. Briefing by McAllister & Quinn staff to majority 
staff, H. Comm. on Oversight & Gov't Reform (Apr. 18, 2016) 
[hereinafter ``McAllister & Quinn Briefing''].
---------------------------------------------------------------------------
    The Border Patrol Agent Pay Reform Amendments Act of 2018 
is a compromise measure intended to address issues identified 
by the implementing agencies, as well as the NBPC. Components 
of the bill, as reported by the Committee, include:
           Staffing Analysis. Under BPAPRA, no more 
        than 10 percent of Border Patrol agents at any given 
        location are allowed to work less than 100 hours in a 
        biweekly pay period by electing the level 2 or basic 
        tours of duty.\20\ This staffing floor may be waived if 
        a one-time staffing assessment required by BPAPRA 
        demonstrates the Border Patrol needs less hours to be 
        worked in order to meet its operational 
        requirements.\21\ However, in order to give CBP 
        additional flexibility, H.R. 5896 allows CBP to conduct 
        future staffing analyses, thus allowing the agency to 
        adjust the staffing floor based on future operational 
        requirements.
---------------------------------------------------------------------------
    \20\5 U.S.C. Sec.  5550(b)(1)(E).
    \21\Id. The staffing analysis was completed on January 19, 2016.
---------------------------------------------------------------------------
           Tour of Duty Election for Certain Employees. 
        H.R. 5896 allows agents performing work at CBP 
        headquarters, as a training instructor, or in an 
        administrative or fitness instructor position to elect 
        level 1 or 2 tours of duty. Under BPAPRA, agents in 
        these positions are currently required to be assigned 
        to the basic tour of duty unless the staffing analysis 
        indicated a need for agents in these positions to work 
        additional hours.\22\ However, the OPM and CBP joint 
        technical assistance identified this requirement as a 
        disincentive for agents to take these important 
        positions, and CBP previously waived the requirement 
        due to the findings of its January 2016 staffing 
        analysis.\23\
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    \22\5 U.S.C. Sec. 5550(b)(1)(D)(iv).
    \23\OPM & CBP Joint Technical Assistance; see also U.S. Customs and 
Border Protection, Comprehensive Border Patrol Staffing Analysis: 
Report to Comptroller General of the United States (Jan. 19, 2016).
---------------------------------------------------------------------------
           Canine Care. According to NBPC, there are 
        nearly 1,000 agent-canine teams deployed in the Border 
        Patrol.\24\ BPAPRA makes clear that Border Patrol 
        agents assigned to care for canines must be placed at 
        the level 1 tour of duty.\25\ Additionally, it 
        specifies the associated level 1 rate of pay covers all 
        care the agent must give to the canine and no other pay 
        shall be given for such care.\26\ However, it does 
        allow a canine handler to receive one hour of credit 
        toward the agent's overtime obligations each work day, 
        effectively allowing the agent to work a nine-hour 
        day.\27\ NBPC identified the prohibition on monetary 
        compensation for canine care, specifically on non-work 
        days, as problematic for agents. NBPC told Committee 
        staff canine handlers historically received one hour of 
        overtime pay per day for care of the canine at 
        home.\28\ NBPC estimates the monetary prohibition for 
        care on non-workdays has led to a $1,700 decrease in 
        canine handler agent pay per year since the enactment 
        of BPAPRA, and told Committee staff agents were 
        beginning to kennel their canines due to lack of 
        compensation for care, which can bring additional costs 
        to CBP while reducing canine effectiveness and 
        availability for field operations.\29\ H.R. 5896 
        adjusts agent compensation for care of canines by 
        allowing agents to receive overtime compensation for 
        canine care under 5 U.S.C. 5542. On a work day, if the 
        agent does not use the one-hour canine care credit 
        under BPAPRA, he or she may receive overtime 
        compensation for that credit. On a non-work day, the 
        agent will receive one hour of overtime compensation.
---------------------------------------------------------------------------
    \24\McAllister & Quinn Briefing.
    \25\5 U.S.C. Sec. 5550(b)(1)(D)(ii).
    \26\5 U.S.C. Sec. 5550(b)(1)(F).
    \27\Id.
    \28\Memorandum from Woodley & McGillivary LLP to Nat'l Border 
Patrol Council staff, NBPC Revisions to the Border Patrol Agent Pay 
Reform Technical Amendments Act of 2017 (Mar. 9, 2018) (on file with 
the Committee).
    \29\Id.; Briefing by Nat'l Border Patrol Council staff to majority 
staff, H. Comm. on Oversight & Gov't Reform (Aug. 23, 2017) 
[hereinafter NBPC Briefing].
---------------------------------------------------------------------------
           Advanced Training. Under BPAPRA, agents at 
        the level 1 or level 2 tours of duty may be assigned to 
        advanced training up to a period of 60 days while 
        continuing to receive the compensation assigned to 
        their respective tours of duty. This applies regardless 
        of whether the agent meets the scheduled overtime 
        obligations necessary. Any additional advanced training 
        over the limit results in the agent earning pay under 
        the basic rate of pay.\30\ The joint technical 
        assistance from OPM and CBP identified the need to 
        avoid penalizing agents who perform their scheduled 
        overtime obligation on a day of advanced training, and 
        to allow an agent to accrue a scheduled overtime debt 
        in lieu of being paid at the lower basic border patrol 
        rate for advanced training above the 60-day limit.\31\ 
        H.R. 5896 allows an agent to accrue a debt of hours for 
        scheduled overtime not worked after the agent reaches 
        the advanced training limit. Furthermore, it converts 
        and raises the 60-day limit to a limit of 180 hours 
        (approximately 90 days) for those on the level 1 tour 
        of duty and a limit of 90 hours (approximately 60 days) 
        for those on a level 2 tour of duty. Thus, agents can 
        get credit for partially meeting a scheduled overtime 
        requirement through the performance of actual work.
---------------------------------------------------------------------------
    \30\5 U.S.C. Sec. Sec. 5550(b)(2)(G), 5550(b)(3)(G).
    \31\OPM & CBP Joint Technical Assistance.
---------------------------------------------------------------------------
           Travel Compensatory Time. BPAPRA did not 
        expressly allow compensatory time off for travel to be 
        applied toward an agent's scheduled overtime debt, even 
        though it allows other forms of overtime and earned 
        compensatory time to apply.\32\ H.R. 5896 allows 
        compensatory time off for travel to count toward an 
        agent's scheduled overtime debt.
---------------------------------------------------------------------------
    \32\5 U.S.C. Sec. Sec. 5550(b)(2)(D), 5550(b)(3)(D).
---------------------------------------------------------------------------
           Retirement Control Period. BPAPRA contains a 
        pay assignment continuity provision, under which CBP is 
        required to ensure, to the greatest extent practicable, 
        the tour assignment of a Border Patrol agent during the 
        control period is consistent with the career average 
        overtime supplement.\33\ The control period begins 
        three years before an agent becomes eligible for 
        immediate retirement, which generally captures the 
        period during which agents could be earning their high 
        three average salary, which determines their retirement 
        annuity. In its place, H.R. 5896 adds provisions to 
        limit the retirement creditability of the overtime 
        supplement during the control period based on the 
        career average overtime supplement. This allows CBP to 
        maximize agent effectiveness during the last three 
        years of an agent's service while still ensuring agents 
        do not artificially enhance their retirement pay.
---------------------------------------------------------------------------
    \33\5 U.S.C. Sec. 5550(b)(1)(G).
---------------------------------------------------------------------------
           Leave Without Pay. BPAPRA creates a 
        substitution arrangement whereby scheduled overtime 
        within the regular tour of duty is substituted for 
        leave without pay (LWOP) during regular time in the 
        same biweekly pay period.\34\ The substitution 
        arrangement generates additional basic pay, an 
        increased overtime supplement, and additional agency 
        Thrift Savings Plan contributions, but can also create 
        additional debt of obligated overtime hours, since 
        scheduled overtime on other non-LWOP days is 
        substituted for LWOP periods. NBPC communicated to 
        Committee staff agents would prefer receiving less pay 
        during a pay period while on LWOP--which agents take 
        to, among other things, fulfill National Guard duties--
        in exchange for no overtime debt accrual.\35\ H.R. 5896 
        makes clear agents on LWOP shall not receive pay and 
        shall not accrue an overtime debt.
---------------------------------------------------------------------------
    \34\5 U.S.C. Sec. 5550(f)(1)(A).
    \35\NBPC Briefing.
---------------------------------------------------------------------------
           Alternative Work Schedules. BPAPRA makes 
        clear Border Patrol agents must work a five day work 
        week.\36\ This is a departure from past Border Patrol 
        practice, as NBPC told Committee staff agents have 
        worked alternative work schedules for nearly 40 
        years.\37\ Alternative work schedules allow CBP to 
        partner agents who are on different tours of duty and 
        are consistent with CBP's preference for agents to work 
        ten-hour shifts.\38\ H.R. 5896 allows agents who elect 
        the level 2 or basic tours of duty to work ten-hour 
        shifts for nine or eight days per biweekly pay period, 
        respectively. Agents will still work the entire number 
        of hours they would otherwise work under a standard 
        schedule.
---------------------------------------------------------------------------
    \36\5 U.S.C. Sec. Sec. Sec. 5550(b)(2)(A); (b)(3)(A); (b)(4)(A).
    \37\NBPC Briefing.
    \38\See S. Rep. 113-248 at 5.
---------------------------------------------------------------------------

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the previous section.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is to amend title 5, United 
States Code, to modify the authority for pay and work schedules 
of Border Patrol agents, and for other purposes.

                          Legislative History

    On May 21, 2018, Representative Will Hurd (R-TX) introduced 
H.R. 5896, the Border Patrol Agent Pay Reform Amendments Act of 
2018, with Representatives Filemon Vela (D-TX) and Martha 
McSally (R-AZ). H.R. 5896 was referred to the Committee on 
Oversight and Government Reform. The Committee considered H.R. 
5896 at a business meeting on May 23, 2018, and ordered the 
bill favorably reported with an amendment by voice vote.
    Senator Jon Tester (D-MT) introduced S. 2338, a similar 
bill to H.R. 5896, on January 25, 2018. The bill was referred 
to the Senate Committee on Homeland Security and Governmental 
Affairs.

                        Committee Consideration

    On May 23, 2018, the Committee met in open session and, 
with a quorum being present, ordered the bill favorably 
reported with an amendment by voice vote.

                            Roll Call Votes

    There were no roll call votes requested or conducted during 
Committee consideration of H.R. 5896.

                       Explanation of Amendments

    During Committee consideration of the bill, Representative 
Will Hurd (R-TX), the sponsor of the bill, offered an amendment 
that fixed two technical references in the bill. The amendment 
also added instructions for applying certain pay provisions to 
Border Patrol agents on alternative work schedules at the level 
2 and basic rates of pay/tours of duty. Finally, it clarified 
the Office of Personnel Management has the authority to 
regulate implementation of the Border Patrol Agent Pay Reform 
Act of 2014. The Hurd amendment was adopted by voice vote.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill amends title 5, United States Code, to modify the 
authority for pay and work schedules of Border Patrol agents. 
As such, this bill does not relate to employment or access to 
public services and accommodations in the legislative branch.

                    Duplication of Federal Programs

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Section 2(a)(2) of the bill codifies a requirement that the 
Office of Personnel Management promulgate regulations to carry 
out the Border Patrol Agent Pay Reform Act of 2014 and the 
amendments made by this bill.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of Section 5(b) of the appendix to title 5, 
United States Code.

                      Unfunded Mandates Statement

    Pursuant to section 423 of the Congressional Budget Act of 
1974, the Committee has included a letter received from the 
Congressional Budget Office below.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           Committee Estimate

    Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of 
the House of Representatives, the Committee includes below a 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the House of 
Representatives, the cost estimate prepared by the 
Congressional Budget Office and submitted pursuant to section 
402 of the Congressional Budget Act of 1974 is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 25, 2018.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5896, the Border 
Patrol Agent Pay Reform Amendments Act of 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 5896--Border Patrol Agent Pay Reform Amendments Act of 2018

    H.R. 5896 would change the calculation of overtime 
compensation for agents of the border patrol in Customs and 
Border Protection (CBP). Specifically, the bill would 
increase--by up to 14 hours for each pay period--the overtime 
compensation available to agents who handle canines. That 
change would take effect 90 days after enactment.
    Currently about 900 canine handlers work in the border 
patrol. Using information from CBP, CBO expects that 
implementing H.R. 5896 would increase pay for each handler by 
about $14,000 per year, on average. Thus, CBO estimates that 
implementing the bill would cost about $10 million in fiscal 
year 2019 and about $13 million annually thereafter, assuming 
enactment near the end of 2018 and appropriation of the 
necessary amounts. Most of the bill's other changes to overtime 
pay could result in small costs or savings to CBP.
    H.R. 5896 also would affect direct spending and revenues; 
therefore, pay-as-you-go procedures apply. The bill would set a 
limit on the amount of overtime that can be credited toward 
retirement for border patrol agents during their control period 
(the three years leading up to eligibility for retirement). 
Enacting the bill would probably affect direct spending for 
retirement benefits and revenues related to retirement 
contributions made by CBP agents but, based on information from 
the agency, CBO estimates that such effects would not be 
significant over the 2019-2028 period.
    CBO estimates that enacting H.R. 5896 would not 
significantly affect direct spending or on-budget deficits in 
any of the four consecutive 10-year periods beginning in 2029.
    H.R. 5896 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contacts for this estimate are Amber 
Marcelino (for retirement effects) and Mark Grabowicz (for 
other effects). The estimate was reviewed by H. Samuel 
Papenfuss, Deputy Assistant Director for Budget Analysis.

                      Section-by-Section Analysis

Section 1. Short title

    Section 1 establishes the short title of the bill.

Sec. 2. Amendments to the Border Patrol Agent Pay Reform Act of 2014

    Section 2 amends section 5550 of title 5, United States 
Code, to make technical and clarifying changes related to the 
timeline for the Border Patrol agent tour of duty election. 
These changes are consistent with OPM regulations implementing 
the original law.
    The section removes the requirement for Border Patrol 
agents serving at Customs and Border Protection (CBP) 
headquarters as a training instructor, in an administrative 
position, or as a fitness instructor be placed on the basic 
tour of duty. Consistent with OPM regulations, it requires 
newly hired agents to be placed on the basic tour of duty until 
they complete initial training.
    The section fixes a drafting error, which allowed CBP to 
unilaterally assign Border Patrol agents to the ``level 2'' 
tour of duty to ensure not more than ten percent of the agents 
at a particular location are assigned to the level 2 or basic 
tours of duty. Additionally, CBP can now waive the ten percent 
limitation based on future written staffing analyses, not just 
the one analysis completed under section 2(e) of the original 
law. The ten percent limitation does not apply to agents unable 
to perform overtime as determined by CBP; any new agents 
assigned to the basic rate of pay until completion of initial 
training; and any agents who would be limited by the statutory 
premium pay cap at 5 U.S.C. 5547, if they continue on the level 
1 rate of pay. Finally, the ten percent limitation should be 
applied at the beginning of the first pay period beginning on 
or after January of each year, consistent with existing CBP 
practice.
    The section allows Border Patrol agents assigned as canine 
handlers to receive overtime pay for canine care under 5 U.S.C. 
5542(g). On a workday, the agent can receive up to one hour of 
overtime pay if the agent does not use this canine care credit 
to reduce his or her scheduled overtime obligation. On a non-
workday, the agent receives one hour of overtime pay for his or 
her canine care credit. Before it can be paid, the canine care 
credit must first be applied to cover a period of absence 
during regular time or scheduled overtime if the absence is 
within the work period in which the canine care credit was 
generated. The canine care credit must also be applied to cover 
a debt of obligated overtime hours before it may be paid.
    The section allows Border Patrol agents to incur an 
overtime debt in lieu of a decrease in pay for days in which 
the agent is in advanced training and unable to perform 
sufficient scheduled overtime. Furthermore, it converts and 
raises the 60-day limit before such debt accrues under current 
law to an hour-based limit--180 hours (approximately 90 days) 
for those on the level 1 tour of duty and 90 hours 
(approximately 60 days) for those on a level 2 tour of duty.
    The section allows Border Patrol agents to reduce any debt 
of scheduled overtime hours they have incurred by applying 
accrued compensatory time off for travel. The agent must use 
all other types of overtime or earned compensatory time off 
credited to the agent before he or she may use compensatory 
time off for travel.
    The section removes the requirement for CBP to limit a 
Border Patrol agent's tour of duty to control retirement 
benefits. In exchange, it limits the amount of an overtime 
supplement treated as retirement-creditable basic pay during an 
agent's potential high-three period (``control period''). This 
approach means regular tours of duty are assigned during an 
agent's control period based on employee elections in the same 
way as during other periods of the agent's career. This gives 
CBP more stability and control over management of the agent 
workforce based on operational requirements.
    The section clarifies a Border Patrol agent who takes leave 
without pay may not receive his or her normal tour of duty pay 
during such time. In exchange, the agent does not accrue a 
scheduled overtime debt. The amount of pay the agent would 
normally receive in a pay period must be reduced proportional 
to the amount of time the agent does not work while on leave 
without pay.
    The section allows CBP to assign agents at the level 2 or 
basic tours of duty to alternative work schedules. An agent at 
the level 2 tour of duty will work nine days per biweekly pay 
period. The agent's workday will be lengthened to meet the 
regular time and scheduled overtime obligations required of 
other level 2 agents. An agent at the basic tour of duty will 
work four days per week. The agent's workday is lengthened to 
meet the regular time obligations required of other agents at 
the basic tour of duty. Sunday premium pay and holiday premium 
pay for regular time are limited to eight hours, which is the 
normal limit. Holiday time off pay applies to all regular time 
hours that constitute holiday work, which is the normal rule.
    The section clarifies the authority of the Director of the 
Office of Personnel Management to promulgate regulations to 
carry out the Border Patrol Agent Pay Reform Act of 2014 and 
the amendments made by this Act.
    The section amends 5 U.S.C. 5542 to clarify unused 
compensatory time off shall not be credited toward an annuity 
computation. Used compensatory time off may apply since an 
agent receives basic pay when compensatory time off is used.
    The section amends 5 U.S.C. 5547 to clarify the overtime 
supplement for Border Patrol agents is always subject to the 
biweekly premium pay cap, consistent with the treatment of 
other retirement-creditable premium payments, such as 
administratively uncontrollable overtime and law enforcement 
availability pay.
    The section amends the Border Patrol Agent Pay Reform Act 
of 2014 to clarify CBP should not use scheduled overtime work 
by Border Patrol agents outside of an agent's regular tour. 
Scheduled overtime within an agent's regular tour is required 
under the statute.

Sec. 3. Effective date

    The amendments made by this Act apply on the first day of 
the first pay period beginning on or after the day that is 90 
days after the date of enactment of this Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE

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PART III--EMPLOYEES

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SUBPART D--PAY AND ALLOWANCES

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CHAPTER 55--PAY ADMINISTRATION

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SUBCHAPTER V--PREMIUM PAY

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Sec. 5542. Overtime rates; computation

  (a) For full-time, part-time and intermittent tours of duty, 
hours of work officially ordered or approved in excess of 40 
hours in an administrative workweek, or (with the exception of 
an employee engaged in professional or technical engineering or 
scientific activities for whom the first 40 hours of duty in an 
administrative workweek is the basic workweek and an employee 
whose basic pay exceeds the minimum rate for GS-10 (including 
any applicable locality-based comparability payment under 
section 5304 or similar provision of law and any applicable 
special rate of pay under section 5305 or similar provision of 
law) for whom the first 40 hours of duty in an administrative 
workweek is the basic workweek) in excess of 8 hours in a day, 
performed by an employee are overtime work and shall be paid 
for, except as otherwise provided by this subchapter, at the 
following rates:
          (1) For an employee whose basic pay is at a rate 
        which does not exceed the minimum rate of basic pay for 
        GS-10 (including any applicable locality-based 
        comparability payment under section 5304 or similar 
        provision of law and any applicable special rate of pay 
        under section 5305 or similar provision of law), the 
        overtime hourly rate of pay is an amount equal to one 
        and one-half times the hourly rate of basic pay of the 
        employee, and all that amount is premium pay.
          (2) For an employee whose basic pay is at a rate 
        which exceeds the minimum rate of basic pay for GS-10 
        (including any applicable locality-based comparability 
        payment under section 5304 or similar provision of law 
        and any applicable special rate of pay under section 
        5305 or similar provision of law), the overtime hourly 
        rate of pay is an amount equal to the greater of one 
        and one-half times the hourly rate of the minimum rate 
        of basic pay for GS-10 (including any applicable 
        locality-based comparability payment under section 5304 
        or similar provision of law and any applicable special 
        rate of pay under section 5305 or similar provision of 
        law), or the hourly rate of basic pay of the employee 
        and all that amount is premium pay.
          (3) Notwithstanding paragraphs (1) and (2) of this 
        subsection for an employee of the Department of 
        Transportation who occupies a nonmanagerial position in 
        GS-14 or under and, as determined by the Secretary of 
        Transportation,
                  (A) the duties of which are critical to the 
                immediate daily operation of the air traffic 
                control system, directly affect aviation 
                safety, and involve physical or mental strain 
                or hardship;
                  (B) in which overtime work is therefore 
                unusually taxing; and
                  (C) in which operating requirements cannot be 
                met without substantial overtime work;
        the overtime hourly rate of pay is an amount equal to 
        one and one-half times the hourly rate of basic pay of 
        the employee, and all that amount is premium pay.
          (4) Notwithstanding paragraph (2) of this subsection, 
        for an employee who is a law enforcement officer, and 
        whose basic pay is at a rate which exceeds the minimum 
        rate of basic pay for GS-10 (including any applicable 
        locality-based comparability payment under section 5304 
        or similar provision of law and any applicable special 
        rate of pay under section 5305 or similar provision of 
        law), the overtime hourly rate of pay is an amount 
        equal to the greater of--
                  (A) one and one-half times the minimum hourly 
                rate of basic pay for GS-10 (including any 
                applicable locality-based comparability payment 
                under section 5304 or similar provision of law 
                and any applicable special rate of pay under 
                section 5305 or similar provision of law); or
                  (B) the hourly rate of basic pay of the 
                employee,
        and all that amount is premium pay.
          (5) Notwithstanding paragraphs (1) and (2), for an 
        employee of the Department of the Interior or the 
        United States Forest Service in the Department of 
        Agriculture engaged in emergency wildland fire 
        suppression activities, the overtime hourly rate of pay 
        is an amount equal to one and one-half times the hourly 
        rate of basic pay of the employee, and all that amount 
        is premium pay.
          (6)(A) Notwithstanding paragraphs (1) and (2), for an 
        employee of the Department of the Navy who is assigned 
        to temporary duty to perform work aboard, or dockside 
        in direct support of, the nuclear aircraft carrier that 
        is forward deployed in Japan and who would be nonexempt 
        under the Fair Labor Standards Act but for the 
        application of the foreign area exemption in section 
        13(f) of that Act (29 U.S.C. 213(f)), the overtime 
        hourly rate of pay is an amount equal to one and one-
        half times the hourly rate of basic pay of the 
        employee, and all that amount is premium pay.
          (B) Subparagraph (A) shall expire on September 30, 
        2019.
  (b) For the purpose of this subchapter--
          (1) unscheduled overtime work performed by an 
        employee on a day when work was not scheduled for him, 
        or for which he is required to return to his place of 
        employment, is deemed at least 2 hours in duration; and
          (2) time spent in a travel status away from the 
        official-duty station of an employee is not hours of 
        employment unless--
                  (A) the time spent is within the days and 
                hours of the regularly scheduled administrative 
                workweek of the employee, including regularly 
                scheduled overtime hours; or
                  (B) the travel (i) involves the performance 
                of work while traveling, (ii) is incident to 
                travel that involves the performance of work 
                while traveling, (iii) is carried out under 
                arduous conditions, or (iv) results from an 
                event which could not be scheduled or 
                controlled administratively, including travel 
                by an employee to such an event and the return 
                of such employee from such event to his or her 
                official-duty station.
  (c) Subsection (a) shall not apply to an employee who is 
subject to the overtime pay provisions of section 7 of the Fair 
labor Standards Act of 1938. In the case of an employee who 
would, were it not for the preceding sentence, be subject to 
this section, the Office of Personnel Management shall by 
regulation prescribe what hours shall be deemed to be hours of 
work and what hours of work shall be deemed to be overtime 
hours for the purpose of such section 7 so as to ensure that no 
employee receives less pay by reason of the preceding sentence.
  (d) In applying subsection (a) of this section with respect 
to any criminal investigator who is paid availability pay under 
section 5545a--
          (1) such investigator shall be compensated under such 
        subsection (a), at the rates there provided, for 
        overtime work which is scheduled in advance of the 
        administrative workweek--
                  (A) in excess of 10 hours on a day during 
                such investigator's basic 40 hour workweek; or
                  (B) on a day outside such investigator's 
                basic 40 hour workweek; and
          (2) such investigator shall be compensated for all 
        other overtime work under section 5545a.
  (e) Notwithstanding subsection (d)(1) of this section, all 
hours of overtime work scheduled in advance of the 
administrative workweek shall be compensated under subsection 
(a) if that work involves duties as authorized by section 
3056(a) of title 18 or section 37(a)(3) of the State Department 
Basic Authorities Act of 1956, and if the investigator 
performs, on that same day, at least 2 hours of overtime work 
not scheduled in advance of the administrative workweek.
  (f) In applying subsection (a) of this section with respect 
to a firefighter who is subject to section 5545b--
          (1) such subsection shall be deemed to apply to hours 
        of work officially ordered or approved in excess of 106 
        hours in a biweekly pay period, or, if the agency 
        establishes a weekly basis for overtime pay 
        computation, in excess of 53 hours in an administrative 
        workweek; and
          (2) the overtime hourly rate of pay is an amount 
        equal to one and one-half times the hourly rate of 
        basic pay under section 5545b (b)(1)(A) or (c)(1)(B), 
        as applicable, and such overtime hourly rate of pay may 
        not be less than such hourly rate of basic pay in 
        applying the limitation on the overtime rate provided 
        in paragraph (2) of such subsection (a).
  (g) In applying subsection (a) with respect to a border 
patrol agent covered by section 5550, the following rules 
apply:
          (1) Notwithstanding the matter preceding paragraph 
        (1) in subsection (a), for a border patrol agent who is 
        assigned to the level 1 border patrol rate of pay under 
        section 5550--
                  (A) hours of work in excess of 100 hours 
                during a 14-day biweekly pay period shall be 
                overtime work; and
                  (B) the border patrol agent--
                          (i) shall receive pay at the overtime 
                        hourly rate of pay (as determined in 
                        accordance with paragraphs (1) and (2) 
                        of subsection (a)) for hours of 
                        overtime work that are officially 
                        ordered or approved in advance of the 
                        workweek; and
                          (ii) except as provided in paragraphs 
                        (4) and (5), shall receive compensatory 
                        time off for an equal amount of time 
                        spent performing overtime work that is 
                        not overtime work described in clause 
                        (i).
          (2) Notwithstanding the matter preceding paragraph 
        (1) in subsection (a), for a border patrol agent who is 
        assigned to the level 2 border patrol rate of pay under 
        section 5550--
                  (A) hours of work in excess of 90 hours 
                during a 14-day biweekly pay period shall be 
                overtime work; and
                  (B) the border patrol agent--
                          (i) shall receive pay at the overtime 
                        hourly rate of pay (as determined in 
                        accordance with paragraphs (1) and (2) 
                        of subsection (a)) for hours of 
                        overtime work that are officially 
                        ordered or approved in advance of the 
                        workweek; and
                          (ii) except as provided in paragraphs 
                        (4) and (5), shall receive compensatory 
                        time off for an equal amount of time 
                        spent performing overtime work that is 
                        not overtime work described in clause 
                        (i).
          (3) Notwithstanding the matter preceding paragraph 
        (1) in subsection (a), for a border patrol agent who is 
        assigned to the basic border patrol rate of pay under 
        section 5550--
                  (A) hours of work in excess of 80 hours 
                during a 14-day biweekly pay period shall be 
                overtime work; and
                  (B) the border patrol agent--
                          (i) shall receive pay at the overtime 
                        hourly rate of pay (as determined in 
                        accordance with paragraphs (1) and (2) 
                        of subsection (a)) for hours of 
                        overtime work that are officially 
                        ordered or approved in advance of the 
                        workweek; and
                          (ii) except as provided in paragraphs 
                        (4) and (5), shall receive compensatory 
                        time off for an equal amount of time 
                        spent performing overtime work that is 
                        not overtime work described in clause 
                        (i).
          (4)(A) Except as provided in subparagraph (B), during 
        a 14- day biweekly pay period, a border patrol agent 
        may not earn compensatory time off for more than 10 
        hours of overtime work.
          (B) U.S. Customs and Border Protection may, as it 
        determines appropriate, waive the limitation under 
        subparagraph (A) for an individual border patrol agent 
        for hours of irregular or occasional overtime work, but 
        such waiver must be approved in writing in advance of 
        the performance of any such work for which compensatory 
        time off is earned under paragraph (1)(B)(ii), 
        (2)(B)(ii), or (3)(B)(ii). If a waiver request by a 
        border patrol agent is denied, the border patrol agent 
        may not be ordered to perform the associated overtime 
        work.
          (5) A border patrol agent--
                  (A) may not earn more than 240 hours of 
                compensatory time off during a [leave year] an 
                annual period, as described in section 
                5550(b)(1)(A);
                  (B) shall use any hours of compensatory time 
                off not later than the end of the 26th pay 
                period after the pay period during which the 
                compensatory time off was earned;
                  (C) shall be required to use 1 hour of 
                compensatory time off for each hour of regular 
                time not worked for which the border patrol 
                agent is not on paid leave or other paid time 
                off or does not substitute time in accordance 
                with section 5550(f);
                  (D) shall forfeit any compensatory time off 
                not used in accordance with this paragraph and, 
                regardless of circumstances, shall not be 
                entitled to any cash value for compensatory 
                time earned under section 5550;
                  [(E) shall not receive credit towards the 
                computation of the annuity of the border patrol 
                agent for compensatory time, whether used or 
                not; and]
                  (E) shall not receive credit towards 
                computation of the border patrol agent's 
                annuity based on unused compensatory time off; 
                and
                  (F) shall not be credited with compensatory 
                time off if the value of such time off would 
                cause the aggregate premium pay of the border 
                patrol agent to exceed the limitation 
                established under section 5547 in the period in 
                which it was earned.

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Sec. 5547. Limitation on premium pay

  (a) An employee may be paid premium pay under sections 5542, 
5545 (a), (b), and (c), 5545a, 5546 (a) and (b), and 5550 only 
to the extent that the payment does not cause the aggregate of 
basic pay and such premium pay for any pay period for such 
employee to exceed the greater of--
          (1) the maximum rate of basic pay payable for GS-15 
        (including any applicable locality-based comparability 
        payment under section 5304 or similar provision of law 
        and any applicable special rate of pay under section 
        5305 or similar provision of law); or
          (2) the rate payable for level V of the Executive 
        Schedule.
  (b)(1) Subject to regulations prescribed by the Office of 
Personnel Management, subsection (a) shall not apply to an 
employee who is paid premium pay by reason of work in 
connection with an emergency (including a wildfire emergency) 
that involves a direct threat to life or property, including 
work performed in the aftermath of such an emergency.
  (2) Notwithstanding paragraph (1), no employee referred to in 
such paragraph may be paid premium pay under the provisions of 
law cited in subsection (a) if, or to the extent that, the 
aggregate of the basic pay and premium pay under those 
provisions for such employee would, in any calendar year, 
exceed the greater of--
          (A) the maximum rate of basic pay payable for GS-15 
        in effect at the end of such calendar year (including 
        any applicable locality-based comparability payment 
        under section 5304 or similar provision of law and any 
        applicable special rate of pay under section 5305 or 
        similar provision of law); or
          (B) the rate payable for level V of the Executive 
        Schedule in effect at the end of such calendar year.
  (3) Subject to regulations prescribed by the Office of 
Personnel Management, the head of an agency may determine that 
subsection (a) shall not apply to an employee who is paid 
premium pay to perform work that is critical to the mission of 
the agency. Such employees may be paid premium pay under the 
provisions of law cited in subsection (a) if, or to the extent 
that, the aggregate of the basic pay and premium pay under 
those provisions for such employee would not, in any calendar 
year, exceed the greater of--
          (A) the maximum rate of basic pay payable for GS-15 
        in effect at the end of such calendar year (including 
        any applicable locality-based comparability payment 
        under section 5304 or similar provision of law and any 
        applicable special rate of pay under section 5305 or 
        similar provision of law); or
          (B) the rate payable for level V of the Executive 
        Schedule in effect at the end of such calendar year.
  (c) The Office of Personnel Management shall prescribe 
regulations governing the methods of applying subsection (b)(2) 
and (b)(3) to employees who receive premium pay under section 
5545(c) or 5545a, or to firefighters covered by section 5545b 
who receive overtime pay for hours in their regular tour of 
duty, or to border patrol agents who receive an overtime 
supplement for overtime hours within their regular tour of duty 
under section 5550, and the method of payment to such 
employees. Such regulations may limit the payment of such 
premium pay on a biweekly basis.
  (d) This section shall not apply to any employee of the 
Federal Aviation Administration or the Department of Defense 
who is paid premium pay under section 5546a.
  (e) Any supplemental pay resulting from receipt of the level 
1 border patrol rate of pay or the level 2 border patrol rate 
of pay under section 5550 shall be considered premium pay in 
applying this section.

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Sec. 5550. Border patrol rate of pay

  (a) Definitions.--In this section--
          (1) the term ``basic border patrol rate of pay'' 
        means the hourly rate of basic pay of the applicable 
        border patrol agent, as determined without regard to 
        this section;
          (2) the term ``border patrol agent'' means an 
        individual who is appointed to a position assigned to 
        the Border Patrol Enforcement classification series 
        1896 or any successor series, consistent with 
        classification standards established by the Office of 
        Personnel Management;
          (3) 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 basic pay of the 
        applicable border patrol agent;
          (4) 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 basic pay of the 
        applicable border patrol agent; and
          (5) the term ``work period'' means a 14-day biweekly 
        pay period.
  (b) Receipt of Border Patrol Rate of Pay.--
          (1) Voluntary election.--
                  (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 that 
                year, be assigned to] 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--
                          (i) the level 1 border patrol rate of 
                        pay;
                          (ii) the level 2 border patrol rate 
                        of pay; or
                          (iii) the basic border patrol rate of 
                        pay, with additional overtime assigned 
                        as needed by U.S. Customs and Border 
                        Protection.
                  (B) Regulations.--The Director of the Office 
                of Personnel Management shall promulgate 
                regulations establishing procedures for 
                elections under subparagraph (A).
                  (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] Not later than November 1 of each 
                year, U.S. Customs and Border Protection shall 
                provide each border patrol agent with 
                information regarding each type of election 
                available under subparagraph (A) and how to 
                make such an election.
                  (D) Assignment in lieu of election.--
                Notwithstanding subparagraph (A)--
                          (i) a border patrol agent who fails 
                        to make a timely election under 
                        subparagraph (A) shall be assigned to 
                        the level 1 border patrol rate of pay;
                          (ii) a border patrol agent who is 
                        assigned a canine shall be assigned to 
                        the level 1 border patrol rate of pay;
                          (iii) if at any time U.S. Customs and 
                        Border Protection concludes that a 
                        border patrol agent is unable to 
                        perform overtime on a daily basis in 
                        accordance with this section, U.S. 
                        Customs and Border Protection shall 
                        assign the border patrol agent to the 
                        basic border patrol rate of pay until 
                        such time as U.S. Customs and Border 
                        Protection determines that the border 
                        patrol agent is able to perform 
                        scheduled overtime on a daily basis;
                          [(iv) unless the analysis conducted 
                        under section 2(e) of the Border Patrol 
                        Agent Pay Reform Act of 2014 indicates 
                        that, in order to more adequately 
                        fulfill the operational requirements of 
                        U.S. Customs and Border Protection, 
                        such border patrol agents should be 
                        allowed to elect or be assigned to the 
                        level 1 border patrol rate of pay or 
                        the level 2 border patrol rate of pay, 
                        a border patrol agent shall be assigned 
                        to the basic border patrol rate of pay 
                        if the agent works--
                                  [(I) at U.S. Customs and 
                                Border Protection headquarters;
                                  [(II) as a training 
                                instructor at a U.S. Customs 
                                and Border Protection training 
                                facility;
                                  [(III) in an administrative 
                                position; or
                                  [(IV) as a fitness 
                                instructor; and]
                          (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
                          (v) a border patrol agent may be 
                        assigned to the level 1 border patrol 
                        rate of pay [or the level 2 border 
                        patrol rate of pay] in accordance with 
                        subparagraph (E).
                  (E) Flexibility.--
                          (i) In general.--Except as provided 
                        in clauses (ii) and (iii), and 
                        notwithstanding any other provision of 
                        law, U.S. Customs and Border Protection 
                        shall take such action as is necessary, 
                        including the unilateral assignment of 
                        border patrol agents to the level 1 
                        border patrol rate of pay [or the level 
                        2 border patrol rate of pay], to ensure 
                        that not more than 10 percent of the 
                        border patrol agents stationed at a 
                        location are assigned to the level 2 
                        border patrol rate of pay or the basic 
                        border patrol rate of pay.
                          (ii) Waiver.--U.S. Customs and Border 
                        Protection may waive the limitation 
                        under clause (i) on the percent of 
                        border patrol agents stationed at a 
                        location who are assigned to the level 
                        2 border patrol rate of pay or the 
                        basic border patrol rate of pay if, 
                        based on [the analysis conducted under 
                        section 2(e) of the Border Patrol Agent 
                        Pay Reform Act of 2014] a written 
                        staffing analysis, U.S. Customs and 
                        Border Protection determines it may do 
                        so and adequately fulfill its 
                        operational requirements.
                          (iii) Certain locations.--Clause (i) 
                        shall not apply to border patrol agents 
                        working at the headquarters of U.S. 
                        Customs and Border Protection or a 
                        training location of U.S. Customs and 
                        Border Protection.
                          (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.
                  [(F) Canine care.--For a border patrol agent 
                assigned to provide care for a canine 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;
                          [(ii) for the purposes of scheduled 
                        overtime under paragraph (2)(A)(ii), 
                        such care shall be counted as 1 hour of 
                        scheduled overtime on each regular 
                        workday without regard to the actual 
                        duration of such care or whether such 
                        care occurs on the regular workday; and
                          [(iii) no other pay shall be paid to 
                        the border patrol agent for such care.
                  [(G) Pay assignment continuity.--
                          [(i) In general.--Not later than 1 
                        year after the date of enactment of the 
                        Border Patrol Agent Pay Reform Act of 
                        2014, and in consultation with the 
                        Office of Personnel Management, U.S. 
                        Customs and Border Protection shall 
                        develop and implement a plan to ensure, 
                        to the greatest extent practicable, 
                        that the assignment of a border patrol 
                        agent under this section during the 3 
                        years of service before the border 
                        patrol agent becomes eligible for 
                        immediate retirement are consistent 
                        with the average border patrol rate of 
                        pay level to which the border patrol 
                        agent has been assigned during the 
                        course of the career of the border 
                        patrol agent.
                          [(ii) Implementation.--
                        Notwithstanding any other provision of 
                        law, U.S. Customs and Border Protection 
                        may take such action as is necessary, 
                        including the unilateral assignment of 
                        border patrol agents to the level 1 
                        border patrol rate of pay, the level 2 
                        border patrol rate of pay, or the basic 
                        border patrol rate of pay, to implement 
                        the plan developed under this 
                        subparagraph.
                          [(iii) Reporting.--U.S. Customs and 
                        Border Protection shall submit the plan 
                        developed under clause (i) to the 
                        appropriate committees of Congress.
                          [(iv) GAO review.--Not later than 6 
                        months after U.S. Customs and Border 
                        Protection issues the plan required 
                        under clause (i), the Comptroller 
                        General of the United States shall 
                        submit to the appropriate committees of 
                        Congress a report on the effectiveness 
                        of the plan in ensuring that border 
                        patrol agents are not able to 
                        artificially enhance their retirement 
                        annuities.
                          [(v) Definition.--In this 
                        subparagraph, the term ``appropriate 
                        committees of Congress'' means--
                                  [(I) the Committee on 
                                Homeland Security and 
                                Governmental Affairs and the 
                                Committee on Appropriations of 
                                the Senate; and
                                  [(II) the Committee on 
                                Homeland Security, the 
                                Committee on Oversight and 
                                Government Reform, and the 
                                Committee on Appropriations of 
                                the House of Representatives.
                          [(vi) Rule of construction.--Nothing 
                        in this subparagraph shall be construed 
                        to limit the ability of U.S. Customs 
                        and Border Protection to assign border 
                        patrol agents to border patrol rates of 
                        pay as necessary to meet operational 
                        requirements.]
                  (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 (IV), 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.
          (2) Level 1 border patrol rate of pay.--For a border 
        patrol agent who is assigned to the level 1 border 
        patrol rate of pay--
                  (A) the border patrol agent shall have a 
                regular tour of duty consisting of 5 workdays 
                per week with--
                          (i) 8 hours of regular time per 
                        workday, which may be interrupted by an 
                        unpaid off-duty meal break; and
                          (ii) 2 additional hours of scheduled 
                        overtime during each day the agent 
                        performs work under clause (i);
                  (B) for paid hours of regular time described 
                in subparagraph (A)(i), the border patrol agent 
                shall receive pay at the level 1 border patrol 
                rate of pay;
                  (C) compensation for the hours of regularly 
                scheduled overtime work described in 
                subparagraph (A)(ii) is provided indirectly 
                through the 25 percent supplement within the 
                level 1 border patrol rate of pay, and the 
                border patrol agent may not receive for such 
                hours--
                          [(i) any compensation in addition to 
                        the compensation under subparagraph (B) 
                        under this section or any other 
                        provision of law; or]
                          (i) any compensation under this 
                        section or any other provision of law 
                        in addition to the compensation 
                        provided under subparagraph (B); or
                          (ii) any compensatory time off;
                  (D) the border patrol agent 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(g);
                  (E) the border patrol agent shall be charged 
                corresponding amounts of [paid leave] leave, 
                compensatory time off, or other paid time off 
                for each hour (or part thereof) the agent is 
                [absent from work] excused from work during 
                regular time (except that full days off for 
                military leave shall be charged when required);
                  (F) if the border patrol agent is absent 
                during scheduled overtime described in 
                subparagraph (A)(ii)--
                          (i) the border patrol agent shall 
                        accrue an obligation to perform other 
                        overtime work for each hour (or part 
                        thereof) the border patrol agent is 
                        absent; and
                          (ii) any overtime work applied toward 
                        the obligation under clause (i) shall 
                        not be credited as overtime work under 
                        any other provision of law; [and]
                  [(G) for the purposes of advanced training, 
                the border patrol agent--
                          [(i) shall be paid at the level 1 
                        border patrol rate of pay for the first 
                        60 days of advanced training in a 
                        calendar year; and
                          [(ii) for any advanced training in 
                        addition to the advanced training 
                        described in clause (i), shall be paid 
                        at the basic border patrol rate of 
                        pay.]
                  (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
                  (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.
          (3) Level 2 border patrol rate of pay.--For a border 
        patrol agent who is assigned to the level 2 border 
        patrol rate of pay--
                  (A) the border patrol agent shall have a 
                regular tour of duty consisting of 5 workdays 
                per week with--
                          (i) 8 hours of regular time per 
                        workday, which may be interrupted by an 
                        unpaid off-duty meal break; and
                          (ii) 1 additional hour of scheduled 
                        overtime during each day the agent 
                        performs work under clause (i);
                  (B) for paid hours of regular time described 
                in subparagraph (A)(i), the border patrol agent 
                shall receive pay at the level 2 border patrol 
                rate of pay;
                  (C) compensation for the hours of regularly 
                scheduled overtime work described in 
                subparagraph (A)(ii) is provided indirectly 
                through the 12.5 percent supplement within the 
                level 2 border patrol rate of pay, and the 
                border patrol agent may not receive for such 
                hours--
                          [(i) any compensation in addition to 
                        the compensation under subparagraph (B) 
                        under this section or any other 
                        provision of law; or]
                          (i) any compensation under this 
                        section or any other provision of law 
                        in addition to the compensation 
                        provided under subparagraph (B); or
                          (ii) any compensatory time off;
                  (D) the border patrol agent 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(g);
                  (E) the border patrol agent shall be charged 
                corresponding amounts of [paid leave] leave, 
                compensatory time off, or other paid time off 
                for each hour (or part thereof) the agent is 
                excused from work during regular time (except 
                that full days off for military leave shall be 
                charged when required);
                  (F) if the border patrol agent is absent 
                during scheduled overtime described in 
                subparagraph (A)(ii)--
                          (i) the border patrol agent shall 
                        accrue an obligation to perform other 
                        overtime work for each hour (or part 
                        thereof) the border patrol agent is 
                        absent; and
                          (ii) any overtime work applied toward 
                        the obligation under clause (i) shall 
                        not be credited as overtime work under 
                        any other provision of law; [and]
                  [(G) for the purposes of advanced training, 
                the border patrol agent--
                          [(i) shall be paid at the level 2 
                        border patrol rate of pay for the first 
                        60 days of advanced training in a 
                        calendar year; and
                          [(ii) for any advanced training in 
                        addition to the advanced training 
                        described in clause (i), shall be paid 
                        at the basic border patrol rate of 
                        pay.]
                  (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
                  (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.
          (4) Basic border patrol rate of pay.--For a border 
        patrol agent who is assigned to the basic border patrol 
        rate of pay--
                  (A) the border patrol agent shall have a 
                regular tour of duty consisting of 5 workdays 
                per week with 8 hours of regular time per 
                workday; and
                  (B) the border patrol agent 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(g).
  (c) Eligibility for Other Premium Pay.--A border patrol 
agent--
          (1) shall receive premium pay for nightwork in 
        accordance with subsections (a) and (b) of section 5545 
        and Sunday and holiday pay in accordance with section 
        5546, without regard to the rate of pay to which the 
        border patrol agent is assigned under this section, 
        except that--
                  (A) no premium pay for night, Sunday, or 
                holiday work shall be provided for hours of 
                regularly scheduled overtime work described in 
                paragraph (2)(A)(ii) or (3)(A)(ii) of 
                subsection (b), consistent with the 
                requirements of paragraph (2)(C) or (3)(C) of 
                subsection (b); and
                  (B) section 5546(d) shall not apply and 
                instead eligibility for pay for, and the rate 
                of pay for, any overtime work on a Sunday or a 
                designated holiday shall be determined in 
                accordance with this section and section 
                5542(g);
          (2) except as provided in paragraph (3) or section 
        5542(g), shall not be eligible for any other form of 
        premium pay under this title; and
          (3) shall be eligible for hazardous duty pay in 
        accordance with section 5545(d).
  [(d) Treatment as Basic Pay.--Any pay 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--
          [(1) subject to paragraph (2), shall be treated as 
        part of basic pay solely for--
                  [(A) purposes of sections 5595(c), 8114(e), 
                8331(3)(I), and 8704(c);
                  [(B) any other purpose that the Director of 
                the Office of Personnel Management may by 
                regulation prescribe; and
                  [(C) any other purpose expressly provided for 
                by law; and
          [(2) shall not be treated as part of basic pay for 
        the purposes of calculating overtime pay, night pay, 
        Sunday pay, or holiday pay under section 5542, 5545, or 
        5546.]
  (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.
  (e) Travel Time.--Travel time to and from home and duty 
station by a border patrol agent shall not be considered hours 
of work under any provision of law.
  (f) Leave Without Pay [and Substitution of Hours] During 
Regular Time; Absences During Scheduled Overtime.--
          (1) Regular time.--
                  (A) In general.--For a period of leave 
                without pay during the regular time of a border 
                patrol agent (as described in paragraph 
                (2)(A)(i), (3)(A)(i), or (4)(A) of subsection 
                (b)) within a work period, an equal period of 
                work outside the regular time of the border 
                patrol agent, but in the same work period--
                          (i) shall be substituted and paid for 
                        at the rate applicable for the regular 
                        time; and
                          (ii) shall not be credited as 
                        overtime hours for any purpose.
                  (B) Priority for same day work.--In 
                substituting hours of work under subparagraph 
                (A), work performed on the same day as the 
                period of leave without pay shall be 
                substituted first.
                  (C) Priority for regular time substitution.--
                Hours of work shall be substituted for regular 
                time work under this paragraph before being 
                substituted for scheduled overtime under 
                paragraphs (2), (3), and (4).
          (2) Overtime work.--
                  (A) In general.--For a period of absence 
                during scheduled overtime (as described in 
                paragraph (2)(F) or (3)(F) of subsection (b)) 
                within a work period, an equal period of 
                additional work in the same work period--
                          (i) shall be substituted and credited 
                        as scheduled overtime; and
                          (ii) shall not be credited as 
                        overtime hours under any other 
                        provision of law.
                  (B) Priority for same day work.--In 
                substituting hours of work under subparagraph 
                (A), work performed on the same day as the 
                period of absence shall be substituted first.
          (3) Application of compensatory time.--If a border 
        patrol agent does not have sufficient additional work 
        in a work period to substitute for all periods of 
        absence during scheduled overtime (as described in 
        paragraph (2)(F) or (3)(F) of subsection (b)) within 
        that work period, any accrued compensatory time off 
        under section 5542(g) shall be applied to satisfy the 
        hours obligation.
          (4) Insufficient hours.--If a border patrol agent has 
        a remaining hours obligation of scheduled overtime 
        after applying paragraphs (2) and (3), any additional 
        work in subsequent work periods that would otherwise be 
        credited under section 5542(g) shall be applied towards 
        the hours obligation until that obligation is 
        satisfied.
          (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.
  (g) Authority To Require Overtime Work.--Nothing in this 
section shall be construed to limit the authority of U.S. 
Customs and Border Protection to require a border patrol agent 
to perform hours of overtime work in accordance with the needs 
of U.S. Customs and Border Protection, including if needed in 
the event of a local or national emergency.
   (h) 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.
          (4) Sunday pay; premium pay.--A border patrol agent 
        assigned to an alternative work schedule under this 
        subsection, may receive, as applicable--
                  (A) Sunday pay for no more than 8 hours of 
                regular time associated with a given Sunday, 
                consistent with section 5546(a);
                  (B) premium pay for work on a holiday for no 
                more than 8 hours of regular time associated 
                with a given holiday, consistent with section 
                5546(b); and
                  (C) 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 order.
          (5) Application.--For purposes of administering 
        sections 6303(a), 6304, 6307(a) and (d), 6323, 6326, 
        6327, and 8339(m), in the case of an employee assigned 
        to an alternative work schedule under this subsection, 
        references to a day or workday (or to multiples or 
        parts thereof) contained in such sections shall be 
        considered to be references to 8 hours (or to the 
        respective multiples or parts thereof).
  (i) Regulations.--The Director of the Office of Personnel 
Management shall promulgate regulations to carry out this 
section, including regulations governing--
          (1) elections and assignments of a border patrol rate 
        of pay for newly hired border patrol agents who 
        complete initial training during an annual period;
          (2) 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 period; and
          (3) the treatment of hours that are substituted for 
        nonpay status hours during regular time.

           *       *       *       *       *       *       *

SUBPART G--INSURANCE AND ANNUITIES

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CHAPTER 83--RETIREMENT

           *       *       *       *       *       *       *

                SUBCHAPTER III--CIVIL SERVICE RETIREMENT

Sec. 8331. Definitions

   For the purpose of this subchapter--
          (1) ``employee'' means--
                  (A) an employee as defined by section 2105 of 
                this title;
                  (B) the Architect of the Capitol, an employee 
                of the Architect of the Capitol, and an 
                employee of the Botanic Garden;
                  (C) a Congressional employee as defined by 
                section 2107 of this title (other than the 
                Architect of the Capitol, an employee of the 
                Architect of the Capitol, and an employee of 
                the Botanic Garden), after he gives notice in 
                writing to the official by whom he is paid of 
                his desire to become subject to this 
                subchapter;
                  (D) a temporary Congressional employee 
                appointed at an annual rate of pay, after he 
                gives notice in writing to the official by whom 
                he is paid of his desire to become subject to 
                this subchapter;
                  (E) a United States Commissioner whose total 
                pay for services performed as Commissioner is 
                not less than $3,000 in each of the last 3 
                consecutive calendar years ending after 
                December 31, 1954;
                  (F) an individual employed by a county 
                committee established under section 590h(b) of 
                title 16;
                  (G) an individual first employed by the 
                government of the District of Columbia before 
                October 1, 1987;
                  (H) an individual employed by Gallaudet 
                College;
                  (I) an individual appointed to a position on 
                the office staff of a former President under 
                section 1(b) of the Act of August 25, 1958 (72 
                Stat. 838);
                  (J) an alien (i) who was previously employed 
                by the Government, (ii) who is employed full 
                time by a foreign government for the purpose of 
                protecting or furthering the interests of the 
                United States during an interruption of 
                diplomatic or consular relations, and (iii) for 
                whose services reimbursement is made to the 
                foreign government by the United States;
                  (K) an individual appointed to a position on 
                the office staff of a former President, or a 
                former Vice President under section 5 of the 
                Presidential Transition Act of 1963, as amended 
                (78 Stat. 153), who immediately before the date 
                of such appointment was an employee as defined 
                under any other subparagraph of this paragraph; 
                and
                  (L) an employee described in section 2105(c) 
                who has made an election under section 
                8347(q)(1) to remain covered under this 
                subchapter;
        but does not include--
                  (i) a justice or judge of the United States 
                as defined by section 451 of title 28;
                  (ii) an employee subject to another 
                retirement system for Government employees 
                (besides any employee excluded by clause (x), 
                but including any employee who has made an 
                election under section 8347(q)(2) to remain 
                covered by a retirement system established for 
                employees described in section 2105(c));
                  (iii) an employee or group of employees in or 
                under an Executive agency excluded by the 
                Office of Personnel Management under section 
                8347(g) of this title;
                  (iv) an individual or group of individuals 
                employed by the government of the District of 
                Columbia excluded by the Office under section 
                8347(h) of this title;
                  (v) an employee of the Administrative Office 
                of the United States Courts, the Federal 
                Judicial Center, or a court named by section 
                610 of title 28, excluded by the Director of 
                the Administrative Office under section 8347(o) 
                of this title;
                  (vi) a construction employee or other 
                temporary, part-time, or intermittent employee 
                of the Tennessee Valley Authority;
                  (vii) an employee under the Office of the 
                Architect of the Capitol excluded by the 
                Architect of the Capitol under section 8347(i) 
                of this title;
                  (viii) an employee under the Library of 
                Congress excluded by the Librarian of Congress 
                under section 8347(j) of this title;
                  (ix) a student-employee as defined by section 
                5351 of this title;
                  (x) an employee subject to the Federal 
                Employees' Retirement System;
                  (xi) an employee under the Botanic Garden 
                excluded by the Director or Acting Director of 
                the Botanic Garden under section 8347(l) of 
                this title; or
                  (xii) a member of the Foreign Service (as 
                described in section 103(6) of the Foreign 
                Service Act of 1980), appointed after December 
                31, 1987.
        Notwithstanding this paragraph, the employment of a 
        teacher in the recess period between two school years 
        in a position other than a teaching position in which 
        he served immediately before the recess period does not 
        qualify the individual as an employee for the purpose 
        of this subchapter. For the purpose of the preceding 
        sentence, ``teacher'' and ``teaching position'' have 
        the meanings given them by section 901 of title 20;
          (2) ``Member'' means a Member of Congress as defined 
        by section 2106 of this title, after he gives notice in 
        writing to the official by whom he is paid of his 
        desire to become subject to this subchapter, but does 
        not include any such Member of Congress who is subject 
        to the Federal Employees' Retirement System or who 
        makes an election under section 8401(20) of this title 
        not to be subject to such System;
          (3) ``basic pay'' includes--
                  (A) the amount a Member received from April 
                1, 1954, to February 28, 1955, as expense 
                allowance under section 601(b) of the 
                Legislative Reorganization Act of 1946 (60 
                Stat. 850), as amended; and that amount from 
                January 3, 1953, to March 31, 1954, if deposit 
                is made therefor as provided by section 8334 of 
                this title;
                  (B) additional pay provided by--
                          (i) subsection (a) of section 60e-7 
                        of title 2 and the provisions of law 
                        referred to by that subsection; and
                          (ii) sections 60e-8, 60e-9, 60e-10, 
                        60e-11, 60e-12, 60e-13, and 60e-14 of 
                        title 2;
                  (C) premium pay under section 5545(c)(1) of 
                this title;
                  (D) with respect to a law enforcement 
                officer, premium pay under section 5545(c)(2) 
                of this title;
                  (E) availability pay--
                          (i) received by a criminal 
                        investigator under section 5545a of 
                        this title; or
                          (ii) received after September 11, 
                        2001, by a Federal air marshal of the 
                        Department of Transportation, subject 
                        to all restrictions and earning 
                        limitations imposed on criminal 
                        investigators under section 5545a;
                  (F) pay as provided in section 5545b (b)(2) 
                and (c)(2);
                  (G) with respect to a customs officer 
                (referred to in subsection (e)(1) of section 5 
                of the Act of February 13, 1911), compensation 
                for overtime inspectional services provided for 
                under subsection (a) of such section 5, but not 
                to exceed 50 percent of any statutory maximum 
                in overtime pay for customs officers which is 
                in effect for the year involved;
                  (H) any amount received under section 5948 
                (relating to physicians comparability 
                allowances); and
                  (I) with respect to a border patrol agent, 
                the amount of supplemental pay received through 
                application of the level 1 border patrol rate 
                of pay or the level 2 border patrol rate of pay 
                for scheduled overtime within the regular tour 
                of duty of the border patrol agent as provided 
                in section 5550, subject to the limitation 
                prescribed in section 5550(d)(3);
        but does not include bonuses, allowances, overtime pay, 
        military pay, pay given in addition to the base pay of 
        the position as fixed by law or regulation except as 
        provided by subparagraphs (B) through (I) of this 
        paragraph retroactive pay under section 5344 of this 
        title in the case of a retired or deceased employee, 
        uniform allowances under section 5901 of this title, or 
        lump-sum leave payments under subchapter VI of chapter 
        55 of this title. For an employee paid on a fee basis, 
        the maximum amount of basic pay which may be used is 
        $10,000;
          (4) ``average pay'' means the largest annual rate 
        resulting from averaging an employee's or Member's 
        rates of basic pay in effect over any 3 consecutive 
        years of creditable service or, in the case of an 
        annuity under subsection (d) or (e)(1) of section 8341 
        of this title based on service of less than 3 years, 
        over the total service, with each rate weighted by the 
        time it was in effect;
          (5) ``Fund'' means the Civil Service Retirement and 
        Disability Fund;
          (7) ``Government'' means the Government of the United 
        States, the government of the District of Columbia, 
        Gallaudet University, and, in the case of an employee 
        described in paragraph (1)(L), a nonappropriated fund 
        instrumentality of the Department of Defense or the 
        Coast Guard described in section 2105(c);
          (8) ``lump-sum credit'' means the unrefunded amount 
        consisting of--
                  (A) retirement deductions made from the basic 
                pay of an employee or Member;
                  (B) amounts deposited by an employee or 
                Member covering earlier service, including any 
                amounts deposited under section 8334(j) of this 
                title; and
                  (C) interest on the deductions and deposits 
                at 4 percent a year to December 31, 1947, and 3 
                percent a year thereafter compounded annually 
                to December 31, 1956, or, in the case of an 
                employee or Member separated or transferred to 
                a position in which he does not continue 
                subject to this subchapter before he has 
                completed 5 years of civilian service, to the 
                date of the separation or transfer;
        but does not include interest--
                  (i) if the service covered thereby aggregates 
                1 year or less; or
                  (ii) for the fractional part of a month in 
                the total service;
          (9) ``annuitant'' means a former employee or Member 
        who, on the basis of his service, meets all 
        requirements of this subchapter for title to annuity 
        and files claim therefor;
          (10) ``survivor'' means an individual entitled to 
        annuity under this subchapter based on the service of a 
        deceased employee, Member, or annuitant;
          (11) ``survivor annuitant'' means a survivor who 
        files claim for annuity;
          (12) ``service'' means employment creditable under 
        section 8332 of this title;
          (13) ``military service'' means honorable active 
        service--
                  (A) in the armed forces;
                  (B) in the Regular or Reserve Corps of the 
                Public Health Service after June 30, 1960; or
                  (C) as a commissioned officer of the 
                Environmental Science Services Administration 
                after June 30, 1961;
        and includes service as a cadet at the United States 
        Military Academy, the United States Air Force Academy, 
        or the United States Coast Guard Academy, or as a 
        midshipman at the United States Naval Academy, but does 
        not include service in the National Guard except when 
        ordered to active duty in the service of the United 
        States or full-time National Guard duty (as such term 
        is defined in section 101(d) of title 10) if such 
        service interrupts creditable civilian service under 
        this subchapter and is followed by reemployment in 
        accordance with chapter 43 of title 38 that occurs on 
        or after August 1, 1990;
          (14) ``Member service'' means service as a Member and 
        includes the period from the date of the beginning of 
        the term for which elected or appointed to the date on 
        which he takes office as a Member;
          (15) ``price index'' means the Consumer Price Index 
        (all items - United States city average) published 
        monthly by the Bureau of Labor Statistics;
          (16) ``base month'' means the month for which the 
        price index showed a percent rise forming the basis for 
        a cost-of-living annuity increase;
          (17) ``normal-cost percentage'' means the entry-age 
        normal cost computed by the Office of Personnel 
        Management in accordance with generally accepted 
        actuarial practice and standards (using dynamic 
        assumptions) and expressed as a level percentage of 
        aggregate basic pay;
          (18) ``Fund balance'' means the current net assets of 
        the Fund available for payment of benefits, as 
        determined by the Office in accordance with appropriate 
        accounting standards, but does not include any amount 
        attributable to--
                  (A) the Federal Employees' Retirement System; 
                or
                  (B) contributions made under the Federal 
                Employees' Retirement Contribution Temporary 
                Adjustment Act of 1983 by or on behalf of any 
                individual who became subject to the Federal 
                Employees' Retirement System;
          (19) ``unfunded liability'' means the estimated 
        excess of the present value of all benefits payable 
        from the Fund to employees and Members, and former 
        employees and Members, subject to this subchapter, and 
        to their survivors, over the sum of--
                  (A) the present value of deductions to be 
                withheld from the future basic pay of employees 
                and Members currently subject to this 
                subchapter and of future agency contributions 
                to be made in their behalf; plus
                  (B) the present value of Government payments 
                to the Fund under section 8348(f) of this 
                title; plus
                  (C) the Fund balance as of the date the 
                unfunded liability is determined;
          (20) ``law enforcement officer'' means an employee, 
        the duties of whose position are primarily the 
        investigation, apprehension, or detention of 
        individuals suspected or convicted of offenses against 
        the criminal laws of the United States, including an 
        employee engaged in this activity who is transferred to 
        a supervisory or administrative position. For the 
        purpose of this paragraph, ``detention'' includes the 
        duties of--
                  (A) employees of the Bureau of Prisons and 
                Federal Prison Industries, Incorporated;
                  (B) employees of the Public Health Service 
                assigned to the field service of the Bureau of 
                Prisons or of the Federal Prison Industries, 
                Incorporated;
                  (C) employees in the field service at Army or 
                Navy disciplinary barracks or at confinement 
                and rehabilitation facilities operated by any 
                of the armed forces; and
                  (D) employees of the Department of 
                Corrections of the District of Columbia, its 
                industries and utilities;
        whose duties in connection with individuals in 
        detention suspected or convicted of offenses against 
        the criminal laws of the United States or of the 
        District of Columbia or offenses against the punitive 
        articles of the Uniformed Code of Military Justice 
        (chapter 47 of title 10) require frequent (as 
        determined by the appropriate administrative authority 
        with the concurrence of the Office) direct contact with 
        these individuals in their detention, direction, 
        supervision, inspection, training, employment, care, 
        transportation, or rehabilitation;
          (21) ``firefighter'' means an employee, the duties of 
        whose position are primarily to perform work directly 
        connected with the control and extinguishment of fires 
        or the maintenance and use of firefighting apparatus 
        and equipment, including an employee engaged in this 
        activity who is transferred to a supervisory or 
        administrative position;
          (22) ``bankruptcy judge'' means an individual--
                  (A) who is appointed under section 34 of the 
                Bankruptcy Act (11 U.S.C. 62) or under section 
                404(d) of the Act of November 6, 1978 (Public 
                Law 95-598; 92 Stat. 2549), and--
                          (i) who is serving as a United States 
                        bankruptcy judge on March 31, 1984; or
                          (ii) whose service as a United States 
                        bankruptcy judge at any time in the 
                        period beginning on October 1, 1979, 
                        and ending on July 10, 1984, is 
                        terminated by reason of death or 
                        disability; or
                  (B) who is appointed as a bankruptcy judge 
                under section 152 of title 28;
          (23) ``former spouse'' means a former spouse of an 
        individual--
                  (A) if such individual performed at least 18 
                months of civilian service covered under this 
                subchapter as an employee or Member, and
                  (B) if the former spouse was married to such 
                individual for at least 9 months;
          (24) ``Indian court'' means an Indian court as 
        defined by section 201(3) of the Act entitled ``An Act 
        to prescribe penalties for certain acts of violence or 
        intimidation, and for other purposes'', approved April 
        11, 1968 (25 U.S.C. 1301(3); 82 Stat. 77);
          (25) ``magistrate judge'' or ``United States 
        magistrate judge'' means an individual appointed under 
        section 631 of title 28;
          (26) ``Court of Federal Claims judge'' means a judge 
        of the United States Court of Federal Claims who is 
        appointed under chapter 7 of title 28 or who has served 
        under section 167 of the Federal Courts Improvement Act 
        of 1982;
          (27) ``Nuclear materials courier''--
                  (A) means an employee of the Department of 
                Energy, the duties of whose position are 
                primarily to transport, and provide armed 
                escort and protection during transit of, 
                nuclear weapons, nuclear weapon components, 
                strategic quantities of special nuclear 
                materials or other materials related to 
                national security; and
                  (B) includes an employee who is transferred 
                directly to a supervisory or administrative 
                position within the same Department of Energy 
                organization, after performing duties referred 
                to in subparagraph (A) for at least 3 years;
          (28) ``Government physician'' has the meaning given 
        that term under section 5948;
          (29) ``dynamic assumptions'' means economic 
        assumptions that are used in determining actuarial 
        costs and liabilities of a retirement system and in 
        anticipating the effects of long-term future--
                  (A) investment yields;
                  (B) increases in rates of basic pay; and
                  (C) rates of price inflation;
          (30) the term ``air traffic controller'' or 
        ``controller'' means--
                  (A) a controller within the meaning of 
                section 2109(1); and
                  (B) a civilian employee of the Department of 
                Transportation or the Department of Defense who 
                is the immediate supervisor of a person 
                described in section 2109(1)(B);
          (31) ``customs and border protection officer'' means 
        an employee in the Department of Homeland Security (A) 
        who holds a position within the GS-1895 job series 
        (determined applying the criteria in effect as of 
        September 1, 2007) or any successor position, and (B) 
        whose duties include activities relating to the arrival 
        and departure of persons, conveyances, and merchandise 
        at ports of entry, including any such employee who is 
        transferred directly to a supervisory or administrative 
        position in the Department of Homeland Security after 
        performing such duties (as described in subparagraph 
        (B)) in 1 or more positions (as described in 
        subparagraph (A)) for at least 3 years; and
          (32) ``Director'' means the Director of the Office of 
        Personnel Management.

           *       *       *       *       *       *       *

                              ----------                              

               BORDER PATROL AGENT PAY REFORM ACT OF 2014

           *       *       *       *       *       *       *
SEC. 2. BORDER PATROL RATE OF PAY.

  (a) Purpose.--The purposes of this Act are--
          (1) to strengthen U.S. Customs and Border Protection 
        and ensure that border patrol agents are sufficiently 
        ready to conduct necessary work and will perform 
        overtime hours in excess of a 40-hour workweek based on 
        the needs of U.S. Customs and Border Protection; and
          (2) to ensure U.S. Customs and Border Protection 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.
  (b) Rates of Pay.--Subchapter V of chapter 55 of title 5, 
United States Code, is amended by inserting after section 5549 
the following:

``SEC. 5550. BORDER PATROL RATE OF PAY

  ``(a) Definitions.--In this section--
          ``(1) the term `basic border patrol rate of pay' 
        means the hourly rate of basic pay of the applicable 
        border patrol, as determined without regard to this 
        section;
          ``(2) the term `border patrol agent' means an 
        individual who is appointed to a position assigned to 
        the Border Patrol Enforcement classification series 
        1896 or any successor series, consistent with 
        classification standards established by the Office of 
        Personnel Management;
          ``(3) 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 basic pay of the 
        applicable border patrol agent;
          ``(4) 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 basic pay of the 
        applicable border patrol agent; and
          ``(5) the term `work period' means a 14-day biweekly 
        pay period.
  ``(b) Receipt of Border Patrol Rate of Pay.--
          ``(1) Voluntary election.--
                  ``(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 that 
                year, be assigned to--
                          ``(i) the level 1 border patrol rate 
                        of pay;
                          ``(ii) the level 2 border patrol rate 
                        of pay; or
                          ``(iii) the basic border patrol rate 
                        of pay, with additional overtime 
                        assigned as needed by U.S. Customs and 
                        Border Protection.
                  ``(B) Regulations.--The Director of the 
                Office of Personnel Management shall promulgate 
                regulations establishing procedures for 
                elections under subparagraph (A).
                  ``(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. Customs and Border 
                Protection shall provide each border patrol 
                agent with information regarding each type of 
                election available under subparagraph (A) and 
                how to make such an election.
                  ``(D) Assignment in lieu of election.--
                Notwithstanding subparagraph (A)--
                          ``(i) a border patrol agent who fails 
                        to make a timely election under 
                        subparagraph (A) shall be assigned to 
                        the level 1 border patrol rate of pay;
                          ``(ii) a border patrol agent who is 
                        assigned a canine shall be assigned to 
                        the level 1 border patrol rate of pay;
                          ``(iii) if at any time U.S. Customs 
                        and Border Protection concludes that a 
                        border patrol agent is unable to 
                        perform overtime on a daily basis in 
                        accordance with this section, U.S. 
                        Customs and Border Protection shall 
                        assign the border patrol agent to the 
                        basic border patrol rate of pay until 
                        such time as U.S. Customs and Border 
                        Protection determines that the border 
                        patrol agent is able to perform 
                        scheduled overtime on a daily basis;
                          ``(iv) unless the analysis conducted 
                        under section 2(e) of the Border Patrol 
                        Agent Pay Reform Act of 2014 indicates 
                        that, in order to more adequately 
                        fulfill the operational requirements of 
                        U.S. Customs and Border Protection, 
                        such border patrol agents should be 
                        allowed to elect or be assigned to the 
                        level 1 border patrol rate of pay or 
                        the level 2 border patrol rate of pay, 
                        a border patrol agent shall be assigned 
                        to the basic border patrol rate of pay 
                        if the agent works--
                                  ``(I) at U.S. Customs and 
                                Border Protection headquarters;
                                  ``(II) as a training 
                                instructor at a U.S. Customs 
                                and Border Protection training 
                                facility;
                                  ``(III) in an administrative 
                                position; or
                                  ``(IV) as a fitness 
                                instructor; and
                          ``(v) a border patrol agent may be 
                        assigned to the level 1 border patrol 
                        rate of pay or the level 2 border 
                        patrol rate of pay in accordance with 
                        subparagraph (E).
                  ``(E) Flexibility.--
                          ``(i) In general.--Except as provided 
                        in clauses (ii) and (iii), and 
                        notwithstanding any other provision of 
                        law, U.S. Customs and Border Protection 
                        shall take such action as is necessary, 
                        including the unilateral assignment of 
                        border patrol agents to the level 1 
                        border patrol rate of pay or the level 
                        2 border patrol rate of pay, to ensure 
                        that not more than 10 percent of the 
                        border patrol agents stationed at a 
                        location are assigned to the level 2 
                        border patrol rate of pay or the basic 
                        border patrol rate of pay.
                          ``(ii) Waiver.--U.S. Customs and 
                        Border Protection may waive the 
                        limitation under clause (i) on the 
                        percent of border patrol agents 
                        stationed at a location who are 
                        assigned to the level 2 border patrol 
                        rate of pay or the basic border patrol 
                        rate of pay if, based on the analysis 
                        conducted under section 2(e) of the 
                        Border Patrol Agent Pay Reform Act of 
                        2014, U.S. Customs and Border 
                        Protection determines it may do so and 
                        adequately fulfill its operational 
                        requirements.
                          ``(iii) Certain locations.--Clause 
                        (i) shall not apply to border patrol 
                        agents working at the headquarters of 
                        U.S. Customs and Border Protection or a 
                        training location of U.S. Customs and 
                        Border Protection.
                  ``(F) Canine care.--For a border patrol agent 
                assigned to provide care for a canine 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;
                          ``(ii) for the purposes of scheduled 
                        overtime under paragraph (2)(A)(ii), 
                        such care shall be counted as 1 hour of 
                        scheduled overtime on each regular 
                        workday without regard to the actual 
                        duration of such care or whether such 
                        care occurs on the regular workday; and
                          ``(iii) no other pay shall be paid to 
                        the border patrol agent for such care.
                  ``(G) Pay assignment continuity.--
                          ``(i) In general.--Not later than 1 
                        year after the date of enactment of the 
                        Border Patrol Agent Pay Reform Act of 
                        2014, and in consultation with the 
                        Office of Personnel Management, U.S. 
                        Customs and Border Protection shall 
                        develop and implement a plan to ensure, 
                        to the greatest extent practicable, 
                        that the assignment of a border patrol 
                        agent under this section during the 3 
                        years of service before the border 
                        patrol agent becomes eligible for 
                        immediate retirement are consistent 
                        with the average border patrol rate of 
                        pay level to which the border patrol 
                        agent has been assigned during the 
                        course of the career of the border 
                        patrol agent.
                          ``(ii) Implementation.--
                        Notwithstanding any other provision of 
                        law, U.S. Customs and Border Protection 
                        may take such action as is necessary, 
                        including the unilateral assignment of 
                        border patrol agents to the level 1 
                        border patrol rate of pay, the level 2 
                        border patrol rate of pay, or the basic 
                        border patrol rate of pay, to implement 
                        the plan developed under this 
                        subparagraph.
                          ``(iii) Reporting.--U.S. Customs and 
                        Border Protection shall submit the plan 
                        developed under clause (i) to the 
                        appropriate committees of Congress.
                          ``(iv) GAO review.--Not later than 6 
                        months after U.S. Customs and Border 
                        Protection issues the plan required 
                        under clause (i), the Comptroller 
                        General of the United States shall 
                        submit to the appropriate committees of 
                        Congress a report on the effectiveness 
                        of the plan in ensuring that border 
                        patrol agents are not able to 
                        artificially enhance their retirement 
                        annuities.
                          ``(v) Definition.--In this 
                        subparagraph, the term `appropriate 
                        committees of Congress' means--
                                  ``(I) the Committee on 
                                Homeland Security and 
                                Governmental Affairs and the 
                                Committee on Appropriations of 
                                the Senate; and
                                  ``(II) the Committee on 
                                Homeland Security, the 
                                Committee on Oversight and 
                                Government Reform, and the 
                                Committee on Appropriations of 
                                the House of Representatives.
                          ``(vi) Rule of construction.--Nothing 
                        in this subparagraph shall be construed 
                        to limit the ability of U.S. Customs 
                        and Border Protection to assign border 
                        patrol agents to border patrol rates of 
                        pay as necessary to meet operational 
                        requirements.
          ``(2) Level 1 border patrol rate of pay.--For a 
        border patrol agent who is assigned to the level 1 
        border patrol rate of pay--
                  ``(A) the border patrol agent shall have a 
                regular tour of duty consisting of 5 workdays 
                per week with--
                          ``(i) 8 hours of regular time per 
                        workday, which may be interrupted by an 
                        unpaid off-duty meal break; and
                          ``(ii) 2 additional hours of 
                        scheduled overtime during each day the 
                        agent performs work under clause (i);
                  ``(B) for paid hours of regular time 
                described in subparagraph (A)(i), the border 
                patrol agent shall receive pay at the level 1 
                border patrol rate of pay;
                  ``(C) compensation for the hours of regularly 
                scheduled overtime work described in 
                subparagraph (A)(ii) is provided indirectly 
                through the 25 percent supplement within the 
                level 1 border patrol rate of pay, and the 
                border patrol agent may not receive for such 
                hours--
                          ``(i) any compensation in addition to 
                        the compensation under subparagraph (B) 
                        under this section or any other 
                        provision of law; or
                          ``(ii) any compensatory time off;
                  ``(D) the border patrol agent 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(g);
                  ``(E) the border patrol agent shall be 
                charged corresponding amounts of paid leave, 
                compensatory time off, or other paid time off 
                for each hour (or part thereof) the agent is 
                absent from work during regular time (except 
                that full days off for military leave shall be 
                charged when required);
                  ``(F) if the border patrol agent is absent 
                during scheduled overtime described in 
                subparagraph (A)(ii)--
                          ``(i) the border patrol agent shall 
                        accrue an obligation to perform other 
                        overtime work for each hour (or part 
                        thereof) the border patrol agent is 
                        absent; and
                          ``(ii) any overtime work applied 
                        toward the obligation under clause (i) 
                        shall not be credited as overtime work 
                        under any other provision of law; and
                  ``(G) for the purposes of advanced training, 
                the border patrol agent--
                          ``(i) shall be paid at the level 1 
                        border patrol rate of pay for the first 
                        60 days of advanced training in a 
                        calendar year; and
                          ``(ii) for any advanced training in 
                        addition to the advanced training 
                        described in clause (i), shall be paid 
                        at the basic border patrol rate of pay.
          ``(3) Level 2 border patrol rate of pay.--For a 
        border patrol agent who is assigned to the level 2 
        border patrol rate of pay--
                  ``(A) the border patrol agent shall have a 
                regular tour of duty consisting of 5 workdays 
                per week with--
                          ``(i) 8 hours of regular time per 
                        workday, which may be interrupted by an 
                        unpaid off-duty meal break; and
                          ``(ii) 1 additional hour of scheduled 
                        overtime during each day the agent 
                        performs work under clause (i);
                  ``(B) for paid hours of regular time 
                described in subparagraph (A)(i), the border 
                patrol agent shall receive pay at the level 2 
                border patrol rate of pay;
                  ``(C) compensation for the hours of regularly 
                scheduled overtime work described in 
                subparagraph (A)(ii) is provided indirectly 
                through the 12.5 percent supplement within the 
                level 2 border patrol rate of pay, and the 
                border patrol agent may not receive for such 
                hours--
                          ``(i) any compensation in addition to 
                        the compensation under subparagraph (B) 
                        under this section or any other 
                        provision of law; or
                          ``(ii) any compensatory time off;
                  ``(D) the border patrol agent 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(g);
                  ``(E) the border patrol agent shall be 
                charged corresponding amounts of paid leave, 
                compensatory time off, or other paid time off 
                for each hour (or part thereof) the agent is 
                excused from work during regular time (except 
                that full days off for military leave shall be 
                charged when required);
                  ``(F) if the border patrol agent is absent 
                during scheduled overtime described in 
                subparagraph (A)(ii)--
                          ``(i) the border patrol agent shall 
                        accrue an obligation to perform other 
                        overtime work for each hour (or part 
                        thereof) the border patrol agent is 
                        absent; and
                          ``(ii) any overtime work applied 
                        toward the obligation under clause (i) 
                        shall not be credited as overtime work 
                        under any other provision of law; and
                  ``(G) for the purposes of advanced training, 
                the border patrol agent--
                          ``(i) shall be paid at the level 2 
                        border patrol rate of pay for the first 
                        60 days of advanced training in a 
                        calendar year; and
                          ``(ii) for any advanced training in 
                        addition to the advanced training 
                        described in clause (i), shall be paid 
                        at the basic border patrol rate of pay.
          ``(4) Basic border patrol rate of pay.--For a border 
        patrol agent who is assigned to the basic border patrol 
        rate of pay--
                  ``(A) the border patrol agent shall have a 
                regular tour of duty consisting of 5 workdays 
                per week with 8 hours of regular time per 
                workday; and
                  ``(B) the border patrol agent 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(g).
  ``(c) Eligibility for Other Premium Pay.--A border patrol 
agent--
          ``(1) shall receive premium pay for nightwork in 
        accordance with subsections (a) and (b) of section 5545 
        and Sunday and holiday pay in accordance with section 
        5546, without regard to the rate of pay to which the 
        border patrol agent is assigned under this section, 
        except that--
                  ``(A) no premium pay for night, Sunday, or 
                holiday work shall be provided for hours of 
                regularly scheduled overtime work described in 
                paragraph (2)(A)(ii) or (3)(A)(ii) of 
                subsection (b), consistent with the 
                requirements of paragraph (2)(C) or (3)(C) of 
                subsection (b); and
                  ``(B) section 5546(d) shall not apply and 
                instead eligibility for pay for, and the rate 
                of pay for, any overtime work on a Sunday or a 
                designated holiday shall be determined in 
                accordance with this section and section 
                5542(g);
          ``(2) except as provided in paragraph (3) or section 
        5542(g), shall not be eligible for any other form of 
        premium pay under this title; and
          ``(3) shall be eligible for hazardous duty pay in 
        accordance with section 5545(d).
  ``(d) Treatment as Basic Pay.--Any pay 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--
          ``(1) subject to paragraph (2), shall be treated as 
        part of basic pay solely for--
                  ``(A) purposes of sections 5595(c), 8114(e), 
                8331(3)(I), and 8704(c);
                  ``(B) any other purpose that the Director of 
                the Office of Personnel Management may by 
                regulation prescribe; and
                  ``(C) any other purpose expressly provided 
                for by law; and
          ``(2) shall not be treated as part of basic pay for 
        the purposes of calculating overtime pay, night pay, 
        Sunday pay, or holiday pay under section 5542, 5545, or 
        5546.
  ``(e) Travel Time.--Travel time to and from home and duty 
station by a border patrol agent shall not be considered hours 
of work under any provision of law.
  ``(f) Leave Without Pay and Substitution of Hours.--
          ``(1) Regular time.--
                  ``(A) In general.--For a period of leave 
                without pay during the regular time of a border 
                patrol agent (as described in paragraph 
                (2)(A)(i), (3)(A)(i), or (4)(A) of subsection 
                (b)) within a work period, an equal period of 
                work outside the regular time of the border 
                patrol agent, but in the same work period--
                          ``(i) shall be substituted and paid 
                        for at the rate applicable for the 
                        regular time; and
                          ``(ii) shall not be credited as 
                        overtime hours for any purpose.
                  ``(B) Priority for same day work.--In 
                substituting hours of work under subparagraph 
                (A), work performed on the same day as the 
                period of leave without pay shall be 
                substituted first.
                  ``(C) Priority for regular time 
                substitution.--Hours of work shall be 
                substituted for regular time work under this 
                paragraph before being substituted for 
                scheduled overtime under paragraphs (2), (3), 
                and (4).
          ``(2) Overtime Work.--
                  ``(A) In general.--For a period of absence 
                during scheduled overtime (as described in 
                paragraph (2)(F) or (3)(F) of subsection (b)) 
                within a work period, an equal period of 
                additional work in the same work period--
                          ``(i) shall be substituted and 
                        credited as scheduled overtime; and
                          ``(ii) shall not be credited as 
                        overtime hours under any other 
                        provision of law.
                  ``(B) Priority for same day work.--In 
                substituting hours of work under subparagraph 
                (A), work performed on the same day as the 
                period of absence shall be substituted first.
          ``(3) Application of compensatory time.--If a border 
        patrol agent does not have sufficient additional work 
        in a work period to substitute for all periods of 
        absence during scheduled overtime (as described in 
        paragraph (2)(F) or (3)(F) of subsection (b)) within 
        that work period, any accrued compensatory time off 
        under section 5542(g) shall be applied to satisfy the 
        hours obligation.
          ``(4) Insufficient hours.--If a border patrol agent 
        has a remaining hours obligation of scheduled overtime 
        after applying paragraphs (2) and (3), any additional 
        work in subsequent work periods that would otherwise be 
        credited under section 5542(g) shall be applied towards 
        the hours obligation until that obligation is 
        satisfied.
  ``(g) Authority To Require Overtime Work.--Nothing in this 
section shall be construed to limit the authority of U.S. 
Customs and Border Protection to require a border patrol agent 
to perform hours of overtime work in accordance with the needs 
of U.S. Customs and Border Protection, including if needed in 
the event of a local or national emergency.''.
  (c) Overtime work.--
          (1) In general.--Section 5542 of title 5, United 
        States Code, is amended by adding at the end the 
        following:
  ``(g) In applying subsection (a) with respect to a border 
patrol agent covered by section 5550, the following rules 
apply:
          ``(1) Notwithstanding the matter preceding paragraph 
        (1) in subsection (a), for a border patrol agent who is 
        assigned to the level 1 border patrol rate of pay under 
        section 5550--
                  ``(A) hours of work in excess of 100 hours 
                during a 14-day biweekly pay period shall be 
                overtime work; and
                  ``(B) the border patrol agent--
                          ``(i) shall receive pay at the 
                        overtime hourly rate of pay (as 
                        determined in accordance with 
                        paragraphs (1) and (2) of subsection 
                        (a)) for hours of overtime work that 
                        are officially ordered or approved in 
                        advance of the workweek; and
                          ``(ii) except as provided in 
                        paragraphs (4) and (5), shall receive 
                        compensatory time off for an equal 
                        amount of time spent performing 
                        overtime work that is not overtime work 
                        described in clause (i).
          ``(2) Notwithstanding the matter preceding paragraph 
        (1) in subsection (a), for a border patrol agent who is 
        assigned to the level 2 border patrol rate of pay under 
        section 5550--
                  ``(A) hours of work in excess of 90 hours 
                during a 14-day biweekly pay period shall be 
                overtime work; and
                  ``(B) the border patrol agent--
                          ``(i) shall receive pay at the 
                        overtime hourly rate of pay (as 
                        determined in accordance with 
                        paragraphs (1) and (2) of subsection 
                        (a)) for hours of overtime work that 
                        are officially ordered or approved in 
                        advance of the workweek; and
                          ``(ii) except as provided in 
                        paragraphs (4) and (5), shall receive 
                        compensatory time off for an equal 
                        amount of time spent performing 
                        overtime work that is not overtime work 
                        described in clause (i).
          ``(3) Notwithstanding the matter preceding paragraph 
        (1) in subsection (a), for a border patrol agent who is 
        assigned to the basic border patrol rate of pay under 
        section 5550--
                  ``(A) hours of work in excess of 80 hours 
                during a 14-day biweekly pay period shall be 
                overtime work; and
                  ``(B) the border patrol agent--
                          ``(i) shall receive pay at the 
                        overtime hourly rate of pay (as 
                        determined in accordance with 
                        paragraphs (1) and (2) of subsection 
                        (a)) for hours of overtime work that 
                        are officially ordered or approved in 
                        advance of the workweek; and
                          ``(ii) except as provided in 
                        paragraphs (4) and (5), shall receive 
                        compensatory time off for an equal 
                        amount of time spent performing 
                        overtime work that is not overtime work 
                        described in clause (i).
          ``(4)(A) Except as provided in subparagraph (B), 
        during a 14-day biweekly pay period, a border patrol 
        agent may not earn compensatory time off for more than 
        10 hours of overtime work.
                  ``(B) U.S. Customs and Border Protection may, 
                as it determines appropriate, waive the 
                limitation under subparagraph (A) for an 
                individual border patrol agent for hours of 
                irregular or occasional overtime work, but such 
                waiver must be approved in writing in advance 
                of the performance of any such work for which 
                compensatory time off is earned under paragraph 
                (1)(B)(ii), (2)(B)(ii), or (3)(B)(ii). If a 
                waiver request by a border patrol agent is 
                denied, the border patrol agent may not be 
                ordered to perform the associated overtime 
                work.
          ``(5) A border patrol agent--
                  ``(A) may not earn more than 240 hours of 
                compensatory time off during a leave year;
                  ``(B) shall use any hours of compensatory 
                time off not later than the end of the 26th pay 
                period after the pay period during which the 
                compensatory time off was earned;
                  ``(C) shall be required to use 1 hour of 
                compensatory time off for each hour of regular 
                time not worked for which the border patrol 
                agent is not on paid leave or other paid time 
                off or does not substitute time in accordance 
                with section 5550(f);
                  ``(D) shall forfeit any compensatory time off 
                not used in accordance with this paragraph and, 
                regardless of circumstances, shall not be 
                entitled to any cash value for compensatory 
                time earned under section 5550;
                  ``(E) shall not receive credit towards the 
                computation of the annuity of the border patrol 
                agent for compensatory time, whether used or 
                not; and
                  ``(F) shall not be credited with compensatory 
                time off if the value of such time off would 
                cause the aggregate premium pay of the border 
                patrol agent to exceed the limitation 
                established under section 5547 in the period in 
                which it was earned.''.
          (2) Minimization of overtime.--U.S. Customs and 
        Border Protection shall, to the maximum extent 
        practicable, avoid the use of scheduled overtime work 
        (other than scheduled overtime work within the regular 
        tour of duty) by border patrol agents.
  (d) Retirement.--Section 8331(3) of title 5, United States 
Code, is amended--
          (1) in subparagraph (G), by striking ``and'';
          (2) in subparagraph (H), by inserting ``and'' after 
        the semicolon;
          (3) by inserting a new subparagraph after 
        subparagraph (H) as follows:
                                  ``(I) with respect to a 
                                border patrol agent, the amount 
                                of supplemental pay received 
                                through application of the 
                                level 1 border patrol rate of 
                                pay or the level 2 border 
                                patrol rate of pay for 
                                scheduled overtime within the 
                                regular tour of duty of the 
                                border patrol agent as provided 
                                in section 5550;''; and
          (4) in the undesignated matter following subparagraph 
        (H), by striking ``subparagraphs (B) through (H)'' and 
        inserting ``subparagraphs (B) through (I)''.
  (e) Comprehensive Staffing Analysis.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this Act, U.S. Customs and Border 
        Protection shall conduct a comprehensive analysis, and 
        submit to the Comptroller General of the United States 
        a report, that--
                  (A) examines the staffing requirements for 
                U.S. Border Patrol to most effectively meet its 
                operational requirements at each Border Patrol 
                duty station;
                  (B) estimates the cost of the staffing 
                requirements at each Border Patrol duty 
                station; and
                  (C) includes--
                          (i) a position-by-position review at 
                        each Border Patrol station to 
                        determine--
                                  (I) the duties assigned to 
                                each position;
                                  (II) how the duties relate to 
                                the operational requirements of 
                                U.S. Border Patrol; and
                                  (III) the number of hours 
                                border patrol agents in that 
                                position would need to work 
                                each pay period to meet the 
                                operational requirements of 
                                U.S. Border Patrol;
                          (ii) the metrics used to determine 
                        the number of hours of work performed 
                        at each Border Patrol station, broken 
                        down by the type of hours worked;
                          (iii) a cost analysis of the most 
                        recent full fiscal year by the type of 
                        full-time equivalent hours worked;
                          (iv) a cost estimate by the type of 
                        full-time equivalent hours expected to 
                        be worked during the first full fiscal 
                        year after the date of enactment of 
                        this Act; and
                          (v) an analysis that compares the 
                        cost of assigning the full-time 
                        equivalent hours needed to meet the 
                        operational requirements of U.S. Border 
                        Patrol to existing border patrol agents 
                        through higher rates of pay versus 
                        recruiting, hiring, training, and 
                        deploying additional border patrol 
                        agents.
          (2) Independent validator.--Not later than 90 days 
        after the date on which the Comptroller General 
        receives the report under paragraph (1), the 
        Comptroller General shall submit to the appropriate 
        committees of Congress a report that--
                  (A) examines the methodology used by U.S. 
                Customs and Border Protection to carry out the 
                analysis; and
                  (B) indicates whether the Comptroller General 
                concurs with the findings in the report under 
                paragraph (1).
          (3) Definition.--In this subsection, the term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on 
                Appropriations of the Senate; and
                  (B) the Committee on Oversight and Government 
                Reform and the Committee on Appropriations of 
                the House of Representatives.
  (f) Rules of Construction.--Nothing in this section or the 
amendments made by this section shall be construed to--
          (1) limit the right of U.S. Customs and Border 
        Protection to assign both scheduled and unscheduled 
        work to a border patrol agent based on the needs of 
        U.S. Customs and Border Protection in excess of the 
        hours of work normally applicable under the election of 
        the border patrol agent, regardless of what the border 
        patrol agent might otherwise have elected;
          (2) require compensation of a border patrol agent 
        other than for hours during which the border patrol 
        agent is actually performing work or using approved 
        paid leave or other paid time off; or
          (3) exempt a border patrol agent from any limitations 
        on pay, earnings, or compensation, including the 
        limitations under section 5547 of title 5, United 
        States Code.
  (g) Technical and Conforming Amendments.--
          (1) Section 5547 of title 5, United States Code is 
        amended by--
                  (A) in subsection (a), in the matter 
                preceding paragraph (1)--
                          (i) by striking, ``and'' before 
                        ``5546''; and
                          (ii) by inserting ``, and 5550'' 
                        after ``5546 (a) and (b)''; and
                  (B) by adding at the end the following:
  ``(e) Any supplemental pay resulting from receipt of the 
level 1 border patrol rate of pay or the level 2 border patrol 
rate of pay under section 5550 shall be considered premium pay 
in applying this section.''.
          (2) Section 13(a) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 213(a)) is amended--
                  (A) in paragraph (16), by striking ``or'' 
                after the semicolon;
                  (B) in paragraph (17), by striking the period 
                at the end and inserting ``; or''; and
                  (C) by adding at the end the following:
          ``(18) any employee who is a border patrol agent, as 
        defined in section 5550(a) of title 5, United States 
        Code.''.
          (3) 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.''.
  (h) Regulations.--The Director of the Office of Personnel 
Management shall promulgate regulations to carry out this Act 
and the amendments made by this Act.
  (i) Effective Date.--Subsections (b), (c), (d), and (g), and 
the amendments made by such subsections, shall take effect on 
the first day of the first pay period beginning on or after 
January 1, 2016, except that--
          (1) any provision in section 5550(b) of title 5, 
        United States Code, as added by subsection (b), 
        relating to administering elections and making advance 
        assignments to a regular tour of duty shall be 
        applicable before such effective date to the extent 
        determined necessary by the Director of the Office of 
        Personnel Management; and
          (2) the Director may issue regulations as necessary 
        prior to such effective date.
          * * * * * * *

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