I 
113TH CONGRESS 
1ST SESSION H. R. 3463 
To amend title 5, United States Code, to ensure proper manpower on the 
United States border and to provide for reforms to rates of pay for 
Border Patrol agents. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 13, 2013 
Mr. CHAFFETZ (for himself, Mrs. MILLER of Michigan, Mr. FARENTHOLD, 
Mr. O’ROURKE, Mr. BARBER, and Ms. JACKSON LEE) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform 
A BILL 
To amend title 5, United States Code, to ensure proper 
manpower on the United States border and to provide 
for reforms to rates of pay for Border Patrol agents. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Patrol Pay Re-
form Act of 2013’’. 
SEC. 2. BORDER PATROL RATE OF PAY. 
(a) PURPOSE.—The purposes of this section are— 
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(1) to strengthen the U.S. Customs and Border 
Protection and to 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 the employing agen-
cy; and 
(2) to ensure that U.S. Customs and Border 
Protection has the flexibility to cover shift changes 
and retains the right to assign scheduled and un-
scheduled work for mission requirements and plan-
ning 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: 
‘‘§ 5550. Border patrol rate of pay 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘available to work’, as used with 
respect to a Border Patrol agent, means that such 
agent is generally and reasonably accessible by U.S. 
Customs and Border Protection to perform unsched-
uled duty based on the needs of U.S. Customs and 
Border Protection; 
‘‘(2) the term ‘Border Patrol agent’ means an 
individual who is performing functions included 
under position classification series 1896 (Border Pa-
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trol Enforcement) of the Office of Personnel Man-
agement, or any successor thereto, including, in the 
case of an individual performing the aforementioned 
functions, while such individual is performing cov-
ered border patrol activities; 
‘‘(3) the term ‘covered border patrol activities’, 
as used with respect to a Border Patrol agent, 
means— 
‘‘(A) detecting and preventing illegal entry 
and smuggling of aliens, commercial goods, nar-
cotics, weapons, or contraband into the United 
States; 
‘‘(B) arresting individuals suspected of 
conduct described in subparagraph (A); 
‘‘(C) attending training authorized by U.S. 
Customs and Border Protection; 
‘‘(D) being on approved annual, sick, or 
administrative leave; 
‘‘(E) being on ordered travel status; 
‘‘(F) being on official time, within the 
meaning of section 7131; 
‘‘(G) being on excused absence with pay 
for relocation purposes; 
‘‘(H) being on light duty due to injury or 
disability; 
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‘‘(I) performing administrative duties or 
mission critical work assignments while main-
taining law enforcement authority; 
‘‘(J) caring for the canine assigned to the 
Border Patrol agent, which may not exceed 1 
hour per day; or 
‘‘(K) engaging in an activity similar to an 
activity described in any of the preceding sub-
paragraphs while temporarily away from the 
regular duty assignment of the Border Patrol 
agent; 
‘‘(4) the term ‘level 1 border patrol rate of pay’, 
as used with respect to a Border Patrol agent, 
means the rate equal to 1.25 times the hourly rate 
of basic pay otherwise applicable to such agent; 
‘‘(5) the term ‘level 2 border patrol rate of pay’, 
as used with respect to a Border Patrol agent, 
means the rate equal to 1.125 times the hourly rate 
of basic pay otherwise applicable to such agent; and 
‘‘(6) the term ‘work period’ means a 14-day bi-
weekly 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 
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after the date of enactment of this section, a 
Border Patrol agent shall make an election as 
to whether such agent shall, for such year— 
‘‘(i) be assigned to the level 1 border 
patrol rate of pay; 
‘‘(ii) be assigned to the level 2 border 
patrol rate of pay; or 
‘‘(iii) decline both the level 1 and the 
level 2 border patrol rates of pay. 
‘‘(B) PROCEDURES.—The Director of the 
Office of Personnel Management shall establish 
procedures for an election under subparagraph 
(A). 
‘‘(C) INFORMATION
REGARDING
ELEC-
TION.—Not later than 60 days before the first 
day of each year beginning after the date of the 
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) FAILURE TO ELECT.—A Border Pa-
trol agent who fails to make a timely election 
under subparagraph (A) shall be deemed to 
have made an election under clause (i) thereof. 
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‘‘(E) SENSE
OF
CONGRESS.—It is the 
sense of Congress that U.S. Customs and Bor-
der Protection should take such action as is 
necessary to ensure that not more than 10 per-
cent of the Border Patrol agents stationed at a 
location decline to be assigned to the level 1 
border patrol rate of pay or the level 2 border 
patrol rate of pay. 
‘‘(2) LEVEL 1 BORDER PATROL RATE OF PAY.— 
For a Border Patrol agent who has in effect an elec-
tion under paragraph (1)(A)(i)— 
‘‘(A) the Border Patrol agent shall be 
scheduled to work for 5 days per week— 
‘‘(i) 8 hours of regular time per day; 
and 
‘‘(ii) 2 additional hours of scheduled 
overtime on each day such agent is sched-
uled to work under clause (i); 
‘‘(B) for the hours of regular time work 
described in subparagraph (A)(i), the Border 
Patrol agent shall receive pay at the level 1 bor-
der patrol rate of pay; 
‘‘(C) for the hours of regularly scheduled 
overtime 
work 
described 
in 
subparagraph 
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(A)(ii), the Border Patrol agent shall not re-
ceive— 
‘‘(i) additional compensation under 
this section or any other provision of law; 
or 
‘‘(ii) compensatory time off; 
‘‘(D) any hours during which the Border 
Patrol agent is available to work during a work 
period shall be included in the hours of regular 
time or regularly scheduled overtime scheduled 
under subparagraph (A); 
‘‘(E) 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 deter-
mined in accordance with section 5542(a)(7); 
and 
‘‘(F) the Border Patrol agent shall be 
charged leave in increments of 8 hours for 1 
shift of leave, regardless of the length of the 
shift. 
‘‘(3) LEVEL 2 BORDER PATROL RATE OF PAY.— 
For a Border Patrol agent who has in effect an elec-
tion under paragraph (1)(A)(ii)— 
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‘‘(A) the Border Patrol agent shall be 
scheduled to work for 5 days per week— 
‘‘(i) 8 hours of regular time per day; 
and 
‘‘(ii) 1 additional hour of scheduled 
overtime during on each day such agent is 
scheduled to work under clause (i); 
‘‘(B) for the hours of regular time work 
described in subparagraph (A)(i), the Border 
Patrol agent shall receive pay at the level 2 bor-
der patrol rate of pay; 
‘‘(C) for the hours of regularly scheduled 
overtime 
work 
described 
in 
subparagraph 
(A)(ii), the Border Patrol agent shall not re-
ceive— 
‘‘(i) additional compensation under 
this section or any other provision of law; 
or 
‘‘(ii) compensatory time off; 
‘‘(D) any hours during which the Border 
Patrol agent is available to work during a work 
period shall be included in the hours of regular 
time or regularly scheduled overtime scheduled 
under subparagraph (A); 
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‘‘(E) 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 deter-
mined in accordance with section 5542(a)(7); 
and 
‘‘(F) the Border Patrol agent shall be 
charged leave in increments of 8 hours for 1 
shift of leave, regardless of the length of the 
shift. 
‘‘(4) BASIC BORDER PATROL RATE OF PAY.— 
For a Border Patrol agent who has in effect an elec-
tion under paragraph (1)(A)(iii)— 
‘‘(A) the Border Patrol agent shall be 
scheduled to work 8 hours of regular time per 
day, 5 days per week; 
‘‘(B) any hours during which the Border 
Patrol agent is available to work during a work 
period shall be included in the hours of regular 
time scheduled under subparagraph (A); and 
‘‘(C) 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 deter-
mined in accordance with section 5542(a)(7). 
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‘‘(c) ELIGIBILITY FOR OTHER PREMIUM PAY.—A 
Border Patrol agent— 
‘‘(1) shall receive premium pay for night work 
in accordance with subsections (a) and (b) of section 
5545 and Sunday and holiday pay in accordance 
with section 5546, without regard to the election of 
the Border Patrol agent under subsection (b)(1)(A), 
except that section 5546(d) shall not apply and eligi-
bility for pay for, and the rate of pay for, any over-
time work shall be determined in accordance with 
this section and section 5542(a)(7); and 
‘‘(2) shall not be eligible for any other form of 
premium pay under this title, except as provided in 
section 5542(a)(7). 
‘‘(d) TREATMENT AS BASIC PAY.—Any pay received 
at the level 1 border patrol rate of pay or the level 2 border 
patrol rate of pay or pay described in subsection (b)(3)(B) 
shall be treated as part of basic pay for— 
‘‘(1) purposes of sections 5595(c), 8114(e), 
8331(3), and 8704(c); 
‘‘(2) any other purpose that the Office of Per-
sonnel Management may by regulation prescribe; 
and 
‘‘(3) any other purpose expressly provided for 
by law. 
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‘‘(e) AUTHORITY TO REQUIRE OVERTIME WORK.— 
Nothing in this section shall be construed to limit the au-
thority 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.—Section 5542(a) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(7)(A) In this paragraph, the term ‘Border Patrol 
agent’ has the meaning given such term in section 5550. 
‘‘(B) Notwithstanding the matter preceding para-
graph (1) or paragraphs (1) and (2), for a Border Patrol 
agent who has in effect an election to be assigned to the 
level 1 border patrol rate of pay under section 
5550(b)(1)(A)(i)— 
‘‘(i) except as provided in subparagraph (E), 
hours of work in excess of 100 hours during a 14- 
day biweekly pay period shall be overtime work; and 
‘‘(ii) the Border Patrol agent— 
‘‘(I) shall receive pay at the overtime hour-
ly rate of pay (as determined in accordance 
with paragraphs (1) and (2)) for hours of over-
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time work that are officially ordered or ap-
proved in advance of the work assignment; and 
‘‘(II) shall receive compensatory time off 
for any hours of overtime work that are not 
hours of overtime work described in subclause 
(I). 
‘‘(C) Notwithstanding the matter preceding para-
graph (1) or paragraphs (1) and (2), for a Border Patrol 
agent who has in effect an election to be eligible for the 
level 2 border patrol rate of pay under section 
5550(b)(1)(A)(ii)— 
‘‘(i) except as provided in subparagraph (E), 
hours of work in excess of 90 hours during a 14-day 
biweekly pay period shall be overtime work; and 
‘‘(ii) the Border Patrol agent— 
‘‘(I) shall receive pay at the overtime hour-
ly rate of pay (as determined in accordance 
with paragraphs (1) and (2)) for hours of over-
time work that are officially ordered or ap-
proved in advance of the work assignment; and 
‘‘(II) shall receive compensatory time off 
for any hours of overtime work that are not 
hours of overtime work described in subclause 
(I). 
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‘‘(D) Notwithstanding the matter preceding para-
graph (1) or paragraphs (1) and (2), for a Border Patrol 
agent who has in effect an election under section 
5550(b)(1)(A)(iii)— 
‘‘(i) except as provided in subparagraph (E), 
hours of work in excess of 80 hours during a 14-day 
biweekly pay period shall be overtime work; and 
‘‘(ii) the Border Patrol agent— 
‘‘(I) shall receive pay at the overtime hour-
ly rate of pay (as determined in accordance 
with paragraphs (1) and (2)) for hours of over-
time work that are officially ordered or ap-
proved in advance of the work assignment; and 
‘‘(II) shall receive compensatory time off 
for any hours of overtime work that are not 
hours of overtime work described in subclause 
(I). 
‘‘(E)(i) Except as provided in clause (ii), during a 
14-day biweekly pay period, a Border Patrol agent shall 
not perform and may not receive compensatory time off 
for more than 8 hours of overtime work. 
‘‘(ii) U.S. Customs and Border Protection may, as 
it determines appropriate, waive the limitation under 
clause (i) for hours of overtime work, but such waiver 
must be approved in advance of any work being performed 
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that would be subject to compensatory time under sub-
section (B)(ii)(II), (C)(ii)(II), or (D)(ii)(II). 
‘‘(F) A Border Patrol agent— 
‘‘(i) may not earn more than 240 hours of com-
pensatory time off during a year; and 
‘‘(ii) shall use any hours of compensatory time 
off not later than 1 year after the date on which the 
compensatory time off is accrued.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) 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 pe-
riod 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.’’. 
(2) The table of sections for chapter 55 of title 
5, United States Code, is amended by inserting after 
the item relating to section 5549 the following: 
‘‘5550. Border patrol rate of pay.’’. 
Æ 
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