[Congressional Record Volume 162, Number 99 (Tuesday, June 21, 2016)]
[House]
[Pages H3998-H3999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 EXPANSION OF LAW ENFORCEMENT AVAILABILITY PAY TO EMPLOYEES OF CUSTOMS 
           AND BORDER PROTECTION'S AIR AND MARINE OPERATIONS

  Mr. HURD of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 4902) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4902

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. LAW ENFORCEMENT AVAILABILITY PAY FOR EMPLOYEES OF 
                   CUSTOMS AND BORDER PROTECTION'S AIR AND MARINE 
                   OPERATIONS.

       (a) In General.--Section 5545a(i) of title 5, United States 
     Code, is amended--
       (1) by striking ``apply to a pilot employed by the United 
     States Customs Service'' and inserting ``apply to any 
     employee of the U.S. Customs and Border Protection's Air and 
     Marine Operations, or any successor organization,''; and
       (2) by striking ``such pilot'' and inserting ``such 
     employee''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall take effect on the first day of the first applicable 
     pay period beginning on or after the date that is 14 days 
     after the date of enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Hurd) and the gentlewoman from Michigan (Mrs. Lawrence) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. HURD of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. HURD of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in support of my bill, H.R. 4902.
  Those who serve along our Nation's borders make countless sacrifices 
protecting the homeland in the most literal of ways by stopping bad 
guys from entering our country and harming Americans.
  The Customs and Border Protection officers and agents who serve in my 
district, which covers over 800 miles of the Texas-Mexico border, have 
an increasingly challenging job. Not only do they keep us safe from 
terrorists and drug cartels, but they also apprehend illegal contraband 
and rescue victims of human trafficking.
  CBP's Air and Marine Operations, or AMO, patrols our Nation's borders 
by aircraft and vessels, specifically. AMO is made up of over 1,200 
Federal agents, 250 aircraft, and over 280 marine vessels, operating 
from 91 locations throughout the United States and Puerto Rico.
  These brave agents are often required to work long, unpredictable 
hours and are compensated through various confusing and inconsistent 
pay systems, causing an administrative nightmare for the folks who work 
overtime protecting our Nation.
  Because of the number of overtime systems applicable to AMO agents, 
in many cases, even those working side by side on a mission were often 
compensated differently. The confusion and inconsistency not only makes 
it harder for the agency to plan shifts for agents and to prepare a 
budget, but the uncertainty impacts those who serve.
  H.R. 4902 addresses these problems by standardizing premium pay for 
AMO. Under the provisions of this bill, all law enforcement agents at 
AMO will be covered under the Law Enforcement Availability Pay, 
otherwise known as LEAP, the LEAP premium pay system.
  To ensure pay is standardized quickly, the legislation would require 
this change to come into force on the first day of the pay period that 
begins at least 14 days after the date of enactment.
  The Congressional Budget Office estimates that implementing a uniform 
pay system for all CBP officers would result in a cost savings of 
approximately $2 million annually. More importantly, it would save many 
hardworking AMO officers from unfair and aggravating overtime pay 
discrepancies. This will save Customs and Border Protection valuable 
time and operational bandwidth, while ensuring taxpayer dollars are 
spent responsibly.
  I include in the Record a letter from the Federal Law Enforcement 
Officers Association in support of this bill.

                                           Federal Law Enforcement


                                         Officers Association,

                                    Washington, DC, June 20, 2016.
     Hon. Jason Chaffetz,
     Chairman, Committee on Oversight and Government Reform, 
         Washington, DC.
     Hon. Elijah Cummings,
     Ranking Member, Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Chairman Chaffetz and Ranking Member Cummings: On 
     behalf of membership of the Federal Law Enforcement Officers 
     Association (FLEOA)--the nation's largest professional, non-
     profit association representing 26,000 federal law 
     enforcement officers from 65 agencies--I am writing to advise 
     you of our continued strong support for H.R. 4902, 
     legislation to expand Law Enforcement Availability Pay (LEAP) 
     to the law enforcement officers of the U.S. Customs and 
     Border Protection's Air and Marine Operations division. FLEOA 
     greatly appreciates the Committee's efforts to expeditiously 
     approve this important legislation, and we urge its passage 
     by the House of Representatives this week.
       Currently, within the U.S. Department of Homeland Security 
     (DHS), law enforcement officers of the U.S. Customs and 
     Border Protection's (CBP) Air and Maritime Operation (AMO) 
     division are compensated through multiple premium pay 
     mechanisms for their overtime: Administratively 
     Uncontrollable Overtime (AUO), Fair Labor Standards Act 
     (FLSA), Law Enforcement Availability Pay (LEAP) and Title 5 
     overtime (FEPA). This proposal would harmonize premium pay 
     across the organization by making all AMO law enforcement 
     officers eligible for LEAP. CBP estimates that shifting 
     overtime compensation to LEAP will help the agency save 
     approximately $1.6 million in premium pay in the first year 
     alone.
       Prior to the creation of the DHS, all U.S. Customs Service 
     air personnel were included in the LEAP statute. Legacy U.S. 
     Customs Service responsibilities have been retained, but 
     today's AMO functions encompass a broader scope of 
     authorities. Implementing LEAP for all AMO law enforcement 
     officers would enhance CBP operational efficiencies and 
     monetary savings by providing an efficient, effective, and 
     uniform system of compensation for the unique work conditions 
     and substantial hours commonly required of AMO agents.
       FLEOA appreciates your efforts to advance this legislation. 
     Please do not hesitate to contact us if we can provide any 
     additional information or assistance.
           Respectfully,
                                               Dominick L. Stokes,
                     FLEOA Vice President for Legislative Affairs.

  Mr. HURD of Texas. Mr. Speaker, I urge my colleagues to support this 
underlying legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. LAWRENCE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 4902, a bipartisan bill 
sponsored by

[[Page H3999]]

some of my colleagues on the Oversight and Government Reform Committee, 
Representatives Hurd, Connolly, and Lujan Grisham. I thank them for 
their good work on this important legislation.
  This legislation would establish a uniform pay system for law 
enforcement officers of the Customs and Border Protection's Air and 
Marine Operations, who are currently paid overtime pay under three 
different systems; and it will make it more efficient for the agency to 
administer staff overtime.
  The bill will convert the pay system for AMO officers to Law 
Enforcement Availability Pay, a system used by many other Federal 
agencies, including the FBI, DEA, and the U.S. Marshals Service.
  As stated by my colleague, Mr. Hurd, the Congressional Budget Office 
estimates that this legislation will reduce AMO's costs by $2 million a 
year.
  I would also like to note that the Federal Law Enforcement Officers 
Association supports this legislation.
  I urge my colleagues to join me in supporting H.R. 4902.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HURD of Texas. Mr. Speaker, I urge the immediate adoption of this 
bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Hurd) that the House suspend the rules and 
pass the bill, H.R. 4902.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________