Should The Way Border Patrol Agents Are Paid For Overtime Be Reformed? (S. 1691)

What is S. 1691?

(Updated September 22, 2016)

This bill was enacted on December 18, 2014

This bill’s stated purpose is to strengthen U.S. Customs and Border Protection (CBP) while ensuring that border patrol agents are able to conduct necessary work, including overtime.

This bill would give border patrol agents the following pay schedule options:

• Working 100 hours per pay period (with 20 hours of overtime).

• Working 90 hours per pay period (with 10 hours of overtime).

• Working 80 hours per pay period (with no overtime).

This legislation was introduced after the influx of unaccompanied minors from Central America that were attempting to cross the U.S. - Mexico border.

Additionally, S. 1691's purpose is to ensure that CBP has the flexibility to cover shift changes, while maintaining the right to assign scheduled and unscheduled work based on operational need.

Argument in favor

These reforms create more certainty in scheduling for border patrol agents, and saves money in the federal budget.

Argument opposed

This bill fosters inequality: While some border patrol agents will make more under the new system, others will make less.

Impact

Border patrol agents, the CBP.

Cost of S. 1691

The CBO estimates that implementing this bill could save about $100 million per year, but actual savings could be smaller or larger than this estimate. This could be affected by unanticipated incidents at U.S. borders which require more or less overtime than incidents in previous years. For reference, the total overtime pay for CBP agents in 2013 was $627 million, while total compensation for CBP agents was $3.1 billion.

Additional Info

Of Note:

This bill requires border patrol agents to choose their pay classification for the upcoming year no fewer than 30 days before the beginning of the year. It sets:

• level 1 border patrol rate of pay as 1.25 times the hourly rate of basic pay, 
• the level 2 rate as 1.125 the hourly rate of basic pay, 
• and gives the option of selecting the basic hourly rate of pay with overtime as needed.
  

These 3 payment options determine the amount of scheduled overtime a border patrol agent is scheduled to use in each pay period. CBP is required to minimize the the amount of scheduled overtime work as much as practicable.

CBP is required to 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. Also, CBP shall take such action to ensure that not more than 10% of agents at a station are assigned to the level 2 rate of pay. The CBP can waive this limitation in order to adequately fulfill operational requirements.

This legislation states that nothing herein should be construed by CBP as directing them to:

• Limit the the right of CBP to assign both scheduled and unscheduled work to a border patrol agent based on the needs of the agency in excess of the hours of work normally applicable under the agent’s selection.

• Require compensation of an agent for anything other than hours during which the agent is actually performing work or using approved leave.

• Exempt an agent from any limitations on pay, earnings, or compensation prescribed by law.