§5550 Border Patrol Rate of Pay

Summary

Requires each Border Patrol agent to pick, every year, whether to be paid at one of two higher flat hourly rates or at their normal hourly pay with overtime as needed. Agents must make that choice no later than 30 days before the first day of each year. U.S. Customs and Border Protection must give agents information about the choices at least 60 days before the year starts. If an agent does not choose, they are placed in the higher Level 1 pay. Agents assigned to care for a canine are placed in Level 1. CBP can move agents between pay levels to meet staffing needs, but normally no more than 10 percent of agents at a location may be in Level 2 or the basic rate unless a waiver is approved. CBP must also make a plan, within one year of the 2014 pay reform law, to keep agents’ pay assignments in the three years before retirement consistent with their career average; the Government Accountability Office will review that plan. Basic border patrol rate of pay means the agent’s normal hourly pay. Border patrol agent means someone in the Border Patrol job series (1896). Level 1 pay = 1.25 times the normal hourly rate. Level 2 pay = 1.125 times the normal hourly rate. Work period means a 14-day pay period. Level 1 agents normally work five days a week with 8 hours regular time and 2 hours of scheduled overtime each workday; the extra overtime is paid through the 25% Level 1 supplement and is not paid again or given as comp time. Overtime pay or comp time at the overtime rate applies for hours over 100 in a 14-day work period. Level 2 agents work the same schedule but with 1 hour of scheduled overtime per day, paid via a 12.5% supplement, and get overtime pay or comp time for hours over 90 in a work period. Agents on the basic rate have 8-hour workdays and get overtime pay or comp time for hours over 80 in a work period. The first 60 days of advanced training each year are paid at the agent’s assigned level; further advanced training is paid at the basic rate. Night, Sunday, and holiday premium pay still apply except they do not apply to the scheduled overtime hours covered by the Level 1 or Level 2 supplements. Travel time between home and work is not work time. If an agent misses regular time or scheduled overtime, CBP will require substitute hours in the same work period or use accrued comp time, and any remaining obligation carries into later periods. CBP can require overtime when needed, including for emergencies. Special rule for GS‑12 agents: they can get an extra payment equal to 50% of their hourly basic pay for scheduled overtime hours they actually work or are credited for; that extra payment is not treated as basic pay for retirement, is not paid during paid leave, and is not used to compute lump-sum leave.