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H.R. 4902, a Bill to Amend Title 5, United States Code, to Expand Law Enforcement Availability Pay to Employees of U.S. Customs and Border Protections Air and Marine Operations 1 (May 16, 2016)

handle is hein.congrec/cbo2933 and id is 1 raw text is: 




                 CONGRESSIONAL BUDGET OFFICE
                            COST   ESTIMATE

                                                                   May 16, 2016


                                 H.R.   4902
  A bill to amend  title 5, United States Code, to expand  law  enforcement
  availability pay to employees  of U.S. Customs   and  Border  Protection's
                         Air and  Marine  Operations

             As ordered reported by the House Committee on Oversight
                     and Government Reform on April 14, 2016


H.R. 4902 would change the system for determining overtime compensation for certain
employees of Air and Marine Operations in U.S. Customs and Border Protection (CBP).
Based on information from CBP, CBO estimates that implementing H.R. 4902 would
reduce costs by about $2 million annually or $10 million over the 2017-2021 period,
assuming future appropriations are reduced consistent with the bill's provisions. Enacting
the legislation would not affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply. CBO estimates that enacting H.R. 4902 would not increase net
direct spending or on-budget deficits in any of the four consecutive 10-year periods
beginning in 2027.

Under current law, about 500 law enforcement officers in Air and Marine Operations are
eligible for overtime compensation under three different schedules: the Administratively
Uncontrollable Overtime (AUO), the Fair Labor Standards Act (FLSA), and the Federal
Employee Pay Act (FEPA). Total overtime costs for those officers, including pay and
benefits, totaled $18 million in 2015. Their total base pay was $46 million in the same year.

Under H.R. 4902, law enforcement officers in Air and Marine Operations would no longer
be eligible for overtime compensation under AUO or the FLSA. The bill would make them
eligible for Law Enforcement Availability Pay, and they would remain eligible for FEPA
overtime pay. Costs would decline under H.R. 4902 mostly because the affected officers
would no longer receive compensation required under the FLSA. According to CBP, if the
overtime pay system in H.R. 4902 had been implemented for fiscal year 2015, total
overtime costs for the affected officers would have been about $16 million, or about
$2 million lower than the actual overtime expense for that year for those officers.

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