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bill Progress

  • EnactedDecember 18th, 2014
    The President signed this bill into law
  • The house Passed December 10th, 2014
    Passed by Voice Vote
      house Committees
      House Committee on Oversight and Government Reform
      House Committee on Homeland Security
      Border and Maritime Security
  • The senate Passed September 18th, 2014
    Passed by Voice Vote
      senate Committees
      Senate Committee on Homeland Security and Governmental Affairs
    IntroducedNovember 13th, 2013

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What is it?

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.

S. 1691 sets deadlines for border patrol agents to select their pay rate, and for CBP to determine limits on staffing for each pay grade at each location to fulfill the agency’s operational requirements within specified overtime goals.

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.


Border patrol agents, the CBP.


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.

More Information

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.


Border Patrol Agent Pay Reform Act of 2014

Official Title

A bill to amend title 5, United States Code, to improve the security of the United States border and to provide for reforms and rates of pay for border patrol agents.

    Wait! We have a border patrol? That gets paid? To let thousands of illegals enter the country and live off U.S. citizens' tax dollars? Let border states (especially AZ) control border security. Unlike the BO-controlled D.C. politicians, border states' governments have exhibited an interest in doing a proper job of it.
    This seems like it would save DHS money, in addition to being more convenient for the agents themselves.
    Let the BPA's work it out with their bosses.