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S. 1691·113th Congress·Senate Bill

Border Patrol Agent Pay Reform Act of 2014

Enacted

Latest action (18 Dec 2014): Became Public Law No: 113-277.

What this bill does

The Border Patrol Agent Pay Reform Act of 2014 established new pay structures for border patrol agents. Agents must now elect annually between three pay rates: Level 1 (1.25 times basic pay), Level 2 (1.125 times basic pay), or basic pay with overtime as assigned. Agents assigned to canine duties or those who fail to make an election are automatically placed on the Level 1 rate. The bill also includes provisions regarding the assignment of agents to these pay levels and outlines how overtime and premium pay are handled.

This law primarily affects U.S. Customs and Border Protection (CBP) and its border patrol agents. It aims to ensure agents are prepared for necessary work and overtime, and grants CBP flexibility in managing shifts and assigning work based on operational needs. The bill also addresses how certain supplemental pay will be considered for retirement annuity calculations. Additionally, it contains provisions related to cybersecurity positions within the Department of Homeland Security.

This bill was introduced in November 2013 and was enacted into law when it was signed by the President on December 18, 2014.

Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.

Official summary

(This measure has not been amended since it was passed by the Senate on September 18, 2014. The summary of that version is repeated here.)

Border Patrol Agent Pay Reform Act of 2014 - (Sec. 2) States as the purposes of this Act: (1) strengthening U.S. Customs and Border Protection (CBP) and ensuring 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 CBP, and (2) ensuring CBP 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.

Requires a border patrol agent, not later than 30 days before the first day of each year beginning after the enactment of this Act, to make an election whether such agent shall, for that year, be assigned to: (1) the level 1 border patrol rate of pay (i.e., hourly rate of pay equal to 1.25 times the otherwise applicable hourly rate of basic pay); (2) the level 2 border patrol rate of pay (i.e., the hourly rate of pay equal to 1.125 times the otherwise hourly rate of basic pay); or (3) the basic border patrol rate of pay, with additional overtime as needed by CBP. Requires: (1) the Office of Personnel Management (OPM) to promulgate regulations establishing procedures for such elections, and (2) CBP to provide each border patrol agent with information on each type of election available and how to make an election. Exempts from such limitation agents working at CBP headquarters or a CBP training location.

Provides that an agent who fails to elect a pay level or an agent who is assigned a canine shall be assigned to the level 1 rate of pay.

Requires CBP to: (1) assign an agent to the basic border patrol rate of pay until it determines that the agent is able to perform scheduled overtime on a daily basis, and (2) take such action to ensure that not more than 10% of the agents stationed at a location are assigned to the level 2 border patrol rate of pay or the basic border patrol rate of pay. Allows CBP to waive the 10% limitation if it determines that it may do so and adequately fulfill its operational requirements.

Requires CBP to develop, implement, and report on, a plan to ensure that the assignment of a border patrol agent during the three years of service before such agent becomes eligible for immediate retirement are consistent with the average border patrol rate of pay level to which the agent has been assigned during the course of his or her career. Requires the Comptroller General (GAO) to report to Congress on the effectiveness of the plan in ensuring that agents are not able to artificially enhance their retirement annuities.

Specifies the terms and conditions of level 1 and 2 border patrol rates of pay, premium pay, eligibility for leave without pay, overtime, and compensatory time off. Requires CBP to avoid the use of scheduled overtime work by border patrol agents to the maximum extent practicable.

Includes supplemental pay from levels 1 and 2 rates of pay as part of a border patrol agent's basic pay for purposes of calculating retirement annuities.

Timeline

  1. 18 Dec 2014

    Became Public Law No: 113-277.

Common questions

What does S. 1691 do?
The Border Patrol Agent Pay Reform Act of 2014 established new pay structures for border patrol agents. Agents must now elect annually between three pay rates: Level 1 (1.25 times basic pay), Level 2 (1.125 times basic pay), or basic pay with overtime as assigned. Agents assigned to canine duties or those who fail to make an election are automatically placed on the Level 1 rate. The bill also includes provisions regarding the assignment of agents to these pay levels and outlines how overtime and premium pay are handled. This law primarily affects U.S. Customs and Border Protection (CBP) and its border patrol agents. It aims to ensure agents are prepared for necessary work and overtime, and grants CBP flexibility in managing shifts and assigning work based on operational needs. The bill also addresses how certain supplemental pay will be considered for retirement annuity calculations. Additionally, it contains provisions related to cybersecurity positions within the Department of Homeland Security. This bill was introduced in November 2013 and was enacted into law when it was signed by the President on December 18, 2014.
Has S. 1691 become law?
Yes. S. 1691 has been enacted. Status last updated 18 Dec 2014.
Who sponsored S. 1691?
S. 1691 was sponsored by Sen. Tester, Jon [D-MT] (D-MT), with 5 cosponsors.
What's the latest action on S. 1691?
Became Public Law No: 113-277. (18 Dec 2014).

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