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GAO-16-825R 1 (2016-09-14)

handle is hein.gao/gaobaakfn0001 and id is 1 raw text is: cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 September 14, 2016 Congressional Committees U.S. Customs and Border Protection: Review of the Pay Assignment Continuity Plan U.S. Customs and Border Protection (CBP), within the Department of Homeland Security (DHS), is responsible for securing U.S. borders to prevent acts of terrorism and the unlawful movement of people, illegal drugs, and other contraband across U.S. borders. Within CBP, the U.S. Border Patrol (Border Patrol) has primary responsibility within the federal government for securing the border between U.S. ports of entry.1 To fulfill the agency's mission, Border Patrol agents routinely work overtime hours in excess of a standard 8-hour workday.2 Enacted in December 2014, the Border Patrol Agent Pay Reform Act of 2014 (BPAPRA) established a new overtime compensation system for Border Patrol agents.3 Under BPAPRA, Border Patrol agents individually elect, and are subsequently assigned by the agency to, one of three rates of pay commensurate with the amount of scheduled overtime the agents elect or are assigned to work.4 Specifically, the three rates of pay are as follows: 1See 6 U.S.C. § 211 (e). Ports of entry are facilities that provide for the controlled entry into or departure from the United States. Specifically, a port of entry is any officially designated location (seaport, airport, or land border location) where DHS officers or employees are assigned to clear passengers and merchandise, collect duties, and enforce customs laws, and where a person may apply for admission into the United States pursuant to U.S. immigration law. 2CBP utilizes a three-shift rotation, with each shift lasting 10 hours to ensure 24-hour per day coverage with an overlap in shifts. For example, Border Patrol agents in the field may begin and end their patrol shifts at a Border Patrol station to retrieve and return equipment, receive and write intelligence reports, and conduct processing requirements, among other things. In some cases, the stations can be an hour or more away from an agent's patrol area. To ensure agents are able to work 8 hours in their patrol area, Border Patrol uses 10-hour shifts to allow time for agents to conduct their pre- and post-shift activities and travel. 3See Pub. L. No. 113-277, § 2,128 Stat. 2995, 2995-3005 (2014) (amending titles 5 and 29 of the United States Code with respect to overtime compensation for Border Patrol agents). Border Patrol agents had previously earned administratively uncontrollable overtime (AUO) as the primary compensation mechanism for time worked beyond the standard 8-hour workday. In general, AUO is a type of premium pay intended to compensate eligible federal employees for substantial amounts of irregular, unscheduled overtime that cannot be controlled administratively. See 5 U.S.C. § 5545(c)(2); 5 C.F.R. §§ 550.151-550.154. GAO and others have reported on the use of AUO at DHS, and at Border Patrol in particular. See, for example, GAO, Department of Homeland Security. Continued Action Needed to Strengthen Management of Administratively Uncontrollable Overtime, GAO-1 5-95 (Washington, D.C.: Dec. 17, 2014). DHS deauthorized AUO for all Border Patrol agents effective May 17, 2015. 4See 5 U.S.C. § 5550(b). In general, BPAPRA provides that at least 90 percent of all Border Patrol agents at each duty location shall be assigned to the Level 1 rate of pay. See 5 U.S.C. § 5550(b)(1)(E). Notwithstanding an agent's GAO-16-825R U.S. Customs and Border Protection Page 1

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