text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Border Patrol Pay Reform Act of 
  2013''.
  
  SEC. 2. BORDER PATROL RATE OF PAY.
  
      (a) Purpose.--The purposes of this section are--
              (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 agency; 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 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 `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 unscheduled 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 Patrol Enforcement) of the 
          Office of Personnel Management, or any successor thereto, 
          including, in the case of an individual performing the 
          aforementioned functions, while such individual is performing 
          covered 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, narcotics, 
                  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;
                      ``(I) performing administrative duties or mission 
                  critical work assignments while maintaining 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 
                  subparagraphs 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 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 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 election.--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 Patrol agent who 
                  fails to make a timely election under subparagraph (A) 
                  shall be deemed to have made an election under clause 
                  (i) thereof.
                      ``(E) Sense of congress.--It is the sense 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 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 election 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 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 1 border patrol rate of pay;
                      ``(C) for the hours of regularly scheduled overtime 
                  work described in subparagraph (A)(ii), the Border 
                  Patrol agent shall not receive--
                              ``(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 determined 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 election under paragraph 
          (1)(A)(ii)--
                      ``(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 border patrol rate of pay;
                      ``(C) for the hours of regularly scheduled overtime 
                  work described in subparagraph (A)(ii), the Border 
                  Patrol agent shall not receive--
                              ``(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 90 hours 
                  during a work period, as determined 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 election 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 determined in accordance with 
                  section 5542(a)(7).
      ``(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 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
              ``(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 Personnel 
          Management may by regulation prescribe; and
              ``(3) any other purpose expressly provided for by law.
      ``(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.''.
      (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 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)--
              ``(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 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
                      ``(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 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)--
              ``(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 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
                      ``(II) shall receive compensatory time off for any 
                  hours of overtime work that are not hours of overtime 
                  work described in subclause (I).
      ``(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)--
              ``(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 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
                      ``(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 that would be subject to compensatory time under 
  subsection (B)(ii)(II), (C)(ii)(II), or (D)(ii)(II).
      ``(F) A Border Patrol agent--
              ``(i) may not earn more than 240 hours of compensatory 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 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.''.
              (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.''.
target: Border Patrol Pay Reform Act of 2013 - Sets forth additional&nbsp;requirements relating to the rates of pay and terms of employment&nbsp;for U.S. Border Patrol agents (i.e., federal employees who detect and prevent illegal entry and smuggling of aliens, commercial goods, narcotics, weapons, or contraband into the United States). Requires Border Patrol agents to elect each year to: (1) be assigned to either a specified&nbsp;level one or level two border patrol rate of pay governing regular rates of pay&nbsp;and overtime work requirements,&nbsp;or (2) decline both levels.&nbsp;Expresses the sense of Congress that U.S. Customs and Border Protection (CBP) should ensure that not more than 10% of agents stationed at a location decline to be assigned to either the level 1 or level 2 border patrol rate of pay. Empowers CBP, without limitation, to require agents to perform overtime work in accordance with agency needs, including if needed in the event of a local or national emergency.
feat_title: Border Patrol Pay Reform Act of 2013