S. 1691 — what changed

changed This Act may be cited as the “Border Patrol Agent Pay Reform Act of 2013”.2014”.

“5550. Border patrol rate of pay

“(a) Definitions—In this section—

changed “(1) the term available to work means a basic border patrol agent is generally and reasonably accessible by U.S. Customs and Border Protection to perform unscheduled duty based on rate of pay means the needs hourly rate of U.S. Customs and Border Protection;basic pay of the applicable border patrol, as determined without regard to this section;

changed “(2) the term border patrol agent means an individual who is performing functions included under appointed to a position assigned to the Border Patrol Enforcement classification series 1896 (Border Patrol Enforcement) of or any successor series, consistent with classification standards established by the Office of Personnel Management, or any successor thereto, including performing covered border patrol activities;Management;

changed “(3) the term covered level 1 border patrol activities rate of pay means a the hourly rate of pay equal to 1.25 times the otherwise applicable hourly rate of basic pay of the applicable border patrol agent is—agent;

changed “(A) detecting and preventing illegal entry and smuggling “(4) the term level 2 border patrol rate of aliens, commercial goods, narcotics, weapons, or contraband into pay means the United States;hourly rate of pay equal to 1.125 times the otherwise applicable hourly rate of basic pay of the applicable border patrol agent; and

changed “(B) arresting individuals suspected of conduct described in subparagraph (A);“(5) the term work period means a 14-day biweekly pay period.

removed “(C) attending training authorized by U.S. Customs and Border Protection;

removed “(D) on approved annual, sick, or administrative leave;

removed “(E) on ordered travel status;

removed “(F) on official time, within the meaning of section 7131;

removed “(G) on excused absence with pay for relocation purposes;

removed “(H) on light duty due to injury or disability;

removed “(I) performing administrative duties or mission critical work assignments while maintaining law enforcement authority;

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

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

removed “(4) the term level 1 border patrol rate of pay means the hourly rate of pay equal to 1.25 times the otherwise applicable hourly rate of basic pay of the applicable border patrol agent;

removed “(5) the term level 2 border patrol rate of pay means the hourly rate of pay equal to 1.125 times the otherwise applicable hourly rate of basic pay of the applicable border patrol agent; and

removed “(6) the term work period means a 14-day biweekly pay period.

“(b) Receipt of border patrol rate of pay

“(1) Voluntary election

added “(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—

added “(i) the level 1 border patrol rate of pay;

added “(ii) the level 2 border patrol rate of pay; or

added “(iii) the basic border patrol rate of pay, with additional overtime assigned as needed by U.S. Customs and Border Protection.

added “(B) Regulations—The Director of the Office of Personnel Management shall promulgate regulations establishing procedures for elections under subparagraph (A).

removed “(A) In general—Not later than 30 days before the first day of each year beginning after the date of enactment of this section, a border patrol agent shall make an election whether the border patrol agent shall, for the following year—

removed “(i) be assigned to the level 1 border patrol rate of pay;

removed “(ii) be assigned the level 2 border patrol rate of pay; or

removed “(iii) decline to be assigned the level 1 border patrol rate of pay or the level 2 border patrol rate of pay.

removed “(B) Procedures—The Director of the Office of Personnel Management shall establish 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.

added “(D) Assignment in lieu of election—Notwithstanding subparagraph (A)—

added “(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;

added “(ii) a border patrol agent who is assigned a canine shall be assigned to the level 1 border patrol rate of pay;

added “(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;

added “(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—

added “(I) at U.S. Customs and Border Protection headquarters;

added “(II) as a training instructor at a U.S. Customs and Border Protection training facility;

added “(III) in an administrative position; or

added “(IV) as a fitness instructor; and

added “(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).

added “(E) Flexibility

added “(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.

changed “(D) Failure to elect—A “(ii) Waiver—U.S. Customs and Border Protection may waive the limitation under clause (i) on the percent of border patrol agent who fails to make agents stationed at a timely election under subparagraph (A) shall be deemed to have made an election to be location who are assigned to the level 1 2 border patrol rate of pay or the basic border patrol rate of pay if, based on the analysis conducted under subparagraph (A)(i).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.

changed “(E) Sense of Congress—It is “(iii) Certain locations—Clause (i) shall not apply to border patrol agents working at the sense headquarters of Congress that U.S. Customs and Border Protection should take such action as is necessary to ensure that not more than 10 percent of the border patrol agents stationed at or a training location decline to be assigned to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay.U.S. Customs and Border Protection.

changed “(2) Level 1 “(F) Canine care—For a border patrol rate of pay—For agent assigned to provide care for a canine and assigned to the level 1 border patrol agent who has rate of pay in effect an election under paragraph (1)(A)(i)—accordance with subparagraph (D)(ii)—

changed “(A) the border patrol agent shall be scheduled to work, for 5 days per week—“(i) that rate of pay covers all such care;

changed “(i) 8 hours “(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 time per day; workday without regard to the actual duration of such care or whether such care occurs on the regular workday; and

changed “(ii) 2 additional hours of scheduled overtime during each day “(iii) no other pay shall be paid to the border patrol agent is scheduled to work under clause (i);for such care.

changed “(B) for the hours of regular time work described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 1 border patrol rate of pay;“(G) Pay assignment continuity

changed “(C) for “(i) In general—Not later than 1 year after the hours date of regularly scheduled overtime work described enactment of the Border Patrol Agent Pay Reform Act of 2014, and in subparagraph (A)(ii), 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 shall not receive—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.

changed “(i) additional compensation under this section or “(ii) Implementation—Notwithstanding any other provision of law; orlaw, 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.

changed “(ii) compensatory time off;“(iii) Reporting—U.S. Customs and Border Protection shall submit the plan developed under clause (i) to the appropriate committees of Congress.

changed “(D) any hours during which “(iv) GAO review—Not later than 6 months after U.S. Customs and Border Protection issues the border patrol agent is available plan required under clause (i), the Comptroller General of the United States shall submit to work during the appropriate committees of Congress a work period shall be included in report on the hours effectiveness of regular time or regularly scheduled overtime scheduled under subparagraph (A);the plan in ensuring that border patrol agents are not able to artificially enhance their retirement annuities.

changed “(E) shall receive compensatory time off or pay at “(v) Definition—In this subparagraph, the overtime hourly rate of pay for hours of work in excess term appropriate committees of 100 hours during a work period, as determined in accordance with section 5542(a)(7); andCongress means—

changed “(F) shall be charged leave in increments of 8 hours for 1 shift of leave, regardless of “(I) the length Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the shift.Senate; and

changed “(3) Level 2 border patrol rate “(II) the Committee on Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Appropriations of pay—For a border patrol agent who has in effect an election under paragraph (1)(A)(ii)—the House of Representatives.

changed “(A) “(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 agent shall be scheduled agents to work, for 5 days per week—border patrol rates of pay as necessary to meet operational requirements.

changed “(i) 8 hours “(2) Level 1 border patrol rate of regular time per day; andpay—For a border patrol agent who is assigned to the level 1 border patrol rate of pay—

changed “(ii) 1 additional hour of scheduled overtime during each day “(A) the border patrol agent is scheduled to work under clause (i);shall have a regular tour of duty consisting of 5 workdays per week with—

changed “(B) for the “(i) 8 hours of regular time work described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 2 border patrol rate of pay;per workday, which may be interrupted by an unpaid off-duty meal break; and

changed “(C) for the “(ii) 2 additional hours of regularly scheduled overtime work described in subparagraph (A)(ii), during each day the border patrol agent shall not receive—performs work under clause (i);

changed “(i) additional compensation under this section or any other provision “(B) for paid hours of law; orregular time described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 1 border patrol rate of pay;

changed “(ii) compensatory time off;“(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—

changed “(D) “(i) any hours during which the border patrol agent is available to work during a work period shall be included compensation in addition to the hours of regular time or regularly scheduled overtime scheduled compensation under subparagraph (A);(B) under this section or any other provision of law; or

changed “(E) shall receive “(ii) any compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 90 hours during a work period, as determined in accordance with section 5542(a)(7); andoff;

changed “(F) “(D) the border patrol agent shall be charged leave in increments receive compensatory time off or pay at the overtime hourly rate of 8 hours pay for 1 shift of leave, regardless hours of the length work in excess of the shift.100 hours during a work period, as determined in accordance with section 5542(g);

changed “(4) Basic “(E) the border patrol rate agent shall be charged corresponding amounts of pay—For a border patrol paid leave, compensatory time off, or other paid time off for each hour (or part thereof) the agent who has in effect an election under paragraph (1)(A)(iii)—is absent from work during regular time (except that full days off for military leave shall be charged when required);

changed “(A) “(F) if the border patrol agent shall be is absent during scheduled to work 8 hours of regular time per day and 5 days per week;overtime described in subparagraph (A)(ii)—

changed “(B) any hours during which “(i) the border patrol agent is available shall accrue an obligation to work during a perform other overtime work period shall be included in for each hour (or part thereof) the hours of regular time scheduled under subparagraph (A); border patrol agent is absent; and

changed “(C) “(ii) any overtime work applied toward the border patrol agent obligation under clause (i) shall receive compensatory time off or pay at the not be credited as overtime hourly rate of pay for hours of work in excess under any other provision of 80 hours during a work period, as determined in accordance with section 5542(a)(7).law; and

added “(G) for the purposes of advanced training, the border patrol agent—

added “(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

added “(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.

added “(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—

added “(A) the border patrol agent shall have a regular tour of duty consisting of 5 workdays per week with—

added “(i) 8 hours of regular time per workday, which may be interrupted by an unpaid off-duty meal break; and

added “(ii) 1 additional hour of scheduled overtime during each day the agent performs work under clause (i);

added “(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;

added “(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—

added “(i) any compensation in addition to the compensation under subparagraph (B) under this section or any other provision of law; or

added “(ii) any compensatory time off;

added “(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);

added “(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);

added “(F) if the border patrol agent is absent during scheduled overtime described in subparagraph (A)(ii)—

added “(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

added “(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

added “(G) for the purposes of advanced training, the border patrol agent—

added “(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

added “(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.

added “(4) Basic border patrol rate of pay—For a border patrol agent who is assigned to the basic border patrol rate of pay—

added “(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

added “(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—

added “(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—

added “(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

added “(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);

added “(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

added “(3) shall be eligible for hazardous duty pay in accordance with section 5545(d).

added “(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—

added “(1) subject to paragraph (2), shall be treated as part of basic pay solely for—

added “(A) purposes of sections 5595(c), 8114(e), 8331(3)(I), and 8704(c);

added “(B) any other purpose that the Director of the Office of Personnel Management may by regulation prescribe; and

added “(C) any other purpose expressly provided for by law; and

added “(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.

added “(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.

added “(f) Leave without pay and substitution of hours

added “(1) Regular time

added “(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—

added “(i) shall be substituted and paid for at the rate applicable for the regular time; and

added “(ii) shall not be credited as overtime hours for any purpose.

added “(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.

added “(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).

added “(2) Overtime work

added “(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—

added “(i) shall be substituted and credited as scheduled overtime; and

added “(ii) shall not be credited as overtime hours under any other provision of law.

added “(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.

added “(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.

added “(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.

added “(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.”

added “(g) In applying subsection (a) with respect to a border patrol agent covered by section 5550, the following rules apply:

added “(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—

added “(A) hours of work in excess of 100 hours during a 14-day biweekly pay period shall be overtime work; and

added “(B) the border patrol agent—

added “(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

added “(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).

added “(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—

added “(A) hours of work in excess of 90 hours during a 14-day biweekly pay period shall be overtime work; and

added “(B) the border patrol agent—

added “(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

added “(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).

added “(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—

added “(A) hours of work in excess of 80 hours during a 14-day biweekly pay period shall be overtime work; and

added “(B) the border patrol agent—

added “(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

added “(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).

added “(4)

added “(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.

added “(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.

added “(5) A border patrol agent—

added “(A) may not earn more than 240 hours of compensatory time off during a leave year;

added “(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;

added “(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);

added “(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;

added “(E) shall not receive credit towards the computation of the annuity of the border patrol agent for compensatory time, whether used or not; and

added “(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.”

added “(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;”

added “(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.”

removed “(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 eligibility for pay for, and the rate of pay for, any overtime work shall be determined in accordance with this section and section 5542(a)(7); and

removed “(2) shall not be eligible for any other form of premium pay under this title, except as provided in section 5542(a)(7).

removed “(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—

removed “(1) purposes of sections 5595(c), 8114(e), 8331(3), and 8704(c);

removed “(2) any other purpose that the Office of Personnel Management may by regulation prescribe; and

removed “(3) any other purpose expressly provided for by law.

removed “(e) 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.”

removed “(7)

removed “(A) In this paragraph, the term border patrol agent has the meaning given that term in section 5550.

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

removed “(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

removed “(ii) the border patrol agent—

removed “(I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and

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

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

removed “(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

removed “(ii) the border patrol agent—

removed “(I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and

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

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

removed “(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

removed “(ii) the border patrol agent—

removed “(I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and

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

removed “(E)

removed “(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.

removed “(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 that would be subject to compensatory time under subsection (B)(ii)(II), (C)(ii)(II), or (D)(ii)(II).

removed “(F) A border patrol agent—

removed “(i) may not earn more than 240 hours of compensatory time off during a year; and

removed “(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.”

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