I 
117TH CONGRESS 
1ST SESSION H. R. 2776 
To amend title 5, United States Code, to modify the authority for pay 
and work schedules of border patrol agents, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2021 
Mr. TONY GONZALES of Texas (for himself, Ms. HERRELL, and Mr. 
CUELLAR) introduced the following bill; which was referred to the Com-
mittee on Oversight and Reform 
A BILL 
To amend title 5, United States Code, to modify the author-
ity for pay and work schedules of border patrol agents, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Patrol Agent 
Pay Reform Amendments Act of 2021’’. 
SEC. 2. AMENDMENTS TO THE BORDER PATROL AGENT PAY 
REFORM ACT OF 2014. 
(a) BORDER PATROL AGENT PAY.—Section 5550 of 
title 5, United States Code, is amended— 
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(1) in subsection (a)(1), by inserting ‘‘agent’’ 
after ‘‘applicable border patrol’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘Not 
later than 30 days before the first day of each 
year beginning after the date of enactment of 
this section, a border patrol agent shall make 
an election whether the border patrol agent 
shall, for that year, be assigned to’’ and insert-
ing ‘‘Not later than December 1 of each year, 
a border patrol agent shall make an election 
whether the border patrol agent shall, for the 
next annual period beginning on the first day of 
the first pay period that commences on or after 
January 1, be assigned to’’; 
(B) in subparagraph (C), by striking ‘‘Not 
later than 60 days before the first day of each 
year beginning after the date of enactment of 
this section’’ and inserting in its place ‘‘Not 
later than November 1 of each year’’; 
(C) in subparagraph (D)— 
(i) by amending clause (iv) to read as 
follows: 
‘‘(iv) a border patrol agent shall be 
assigned a basic border patrol rate of pay 
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during the period of initial training (in-
cluding initial orientation sessions, basic 
training, and other preparatory activities) 
prior to the agent’s first regular work as-
signment; and’’; and 
(ii) in clause (v), by striking ‘‘or the 
level 2 border patrol rate of pay’’; 
(D) in subparagraph (E)— 
(i) in clause (i), by striking ‘‘or the 
level 2 border patrol rate of pay’’; 
(ii) in clause (ii), by striking ‘‘the 
analysis conducted under section 2(e) of 
the Border Patrol Agent Pay Reform Act 
of 2014’’ and inserting in its place ‘‘a writ-
ten staffing analysis’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) EXCLUSION
OF
CERTAIN
EM-
PLOYEES.—In applying any percentage 
limit under clause (i) or (ii) to a location 
population, U.S. Customs and Border Pro-
tection shall exclude from such population 
any border patrol agent who is assigned a 
basic border patrol rate of pay under sub-
paragraph (D)(iii) or (D)(iv) or who would 
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reach the premium pay cap under section 
5547 if assigned a level 1 border patrol 
rate of pay. 
‘‘(v) APPLICATION FREQUENCY.—The 
10 percent limit under clause (i) or an al-
ternative percentage limit under a waiver 
under clause (ii) shall be applied at the be-
ginning of the first pay period beginning 
on or after January 1 each year.’’; and 
(E) by striking subparagraph (G); 
(3) in subsection (b)(2)— 
(A) by amending subparagraph (C)(i) to 
read as follows: 
‘‘(i) any compensation under this sec-
tion or any other provision of law in addi-
tion to the compensation provided under 
subparagraph (B); or’’; 
(B) in subparagraph (E)— 
(i) by striking ‘‘paid leave’’ and in-
serting ‘‘leave’’; and 
(ii) by striking ‘‘absent from work’’ 
and inserting ‘‘excused from work’’; 
(C) in subparagraph (F)(ii), by striking 
‘‘and’’; 
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(D) by amending subparagraph (G) to 
read as follows: 
‘‘(G) if the border patrol agent participates 
in a full day of advanced training but does not 
perform the entire required amount of sched-
uled overtime work under subparagraph (A)(ii) 
on that day, the border patrol agent shall be 
deemed to have performed scheduled overtime 
work during nonwork periods to the extent nec-
essary to reach the required amount, but such 
deemed credit may be applied to no more than 
180 hours in a calendar year; otherwise, the 
agent shall accrue a debt of hours for scheduled 
overtime not worked on such a day; and’’; and 
(E) by adding at the end the following: 
‘‘(H) a border patrol agent may choose to 
reduce any debt of obligated overtime hours 
that the agent has incurred by applying any ac-
crued compensatory time off for travel pursuant 
to section 5550b, and such compensatory time 
off for travel may be applied towards such debt 
only after other forms of overtime or earned 
compensatory time credited to the border patrol 
agent have been exhausted.’’; 
(4) in subsection (b)(3)— 
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(A) by amending subparagraph (C)(i) to 
read as follows: 
‘‘(i) any compensation under this sec-
tion or any other provision of law in addi-
tion to the compensation provided under 
subparagraph (B); or’’; 
(B) in subparagraph (E), by striking ‘‘paid 
leave’’ and inserting ‘‘leave’’; 
(C) in subparagraph (F)(ii), by striking 
‘‘and’’; 
(D) by amending subparagraph (G) to 
read as follows: 
‘‘(G) if the border patrol agent participates 
in a full day of advanced training but does not 
perform the entire required amount of sched-
uled overtime work under subparagraph (A)(ii) 
on that day, the border patrol agent shall be 
deemed to have performed scheduled overtime 
work during nonwork periods to the extent nec-
essary to reach the required amount, but such 
deemed credit may be applied to no more than 
90 hours in a calendar year; otherwise, the 
agent shall accrue a debt of hours for scheduled 
overtime not worked on such a day; and’’; and 
(E) by adding at the end the following: 
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‘‘(H) a border patrol agent may choose to 
reduce any debt of obligated overtime hours 
that the agent has incurred by applying any ac-
crued compensatory time off for travel pursuant 
to section 5550b; such compensatory time off 
for travel may be applied towards such debt 
only after other forms of overtime or earned 
compensatory time credited to the border patrol 
agent have been exhausted.’’; 
(5) by amending subsection (d) to read as fol-
lows: 
‘‘(d) TREATMENT AS BASIC PAY.— 
‘‘(1) IN GENERAL.—Any overtime supplement 
in addition to the basic border patrol rate of pay for 
a border patrol agent resulting from application of 
the level 1 border patrol rate of pay or the level 2 
border patrol rate of pay shall be treated as part of 
basic pay only— 
‘‘(A) except as otherwise provided in para-
graph (3), for purposes of the definitions in sec-
tion 8331(3) and 8401(4) and the provisions in 
chapters 83 and 84 that rely on those defini-
tions (consistent with section 8331(3)(I)); 
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‘‘(B) except as otherwise provided in para-
graph (3), for purposes of sections 5595(c) and 
8704(c); 
‘‘(C) for the purpose of section 8114(e); 
and 
‘‘(D) subject to paragraph (2) and any 
limitation established under paragraph (3), any 
other purpose that the Director of the Office of 
Personnel Management may by regulation pre-
scribe. 
‘‘(2) EXCLUSIONS.—The overtime supplement 
described in paragraph (1) shall not be treated as 
part of basic pay for purposes not covered by that 
paragraph, including the purposes of calculating— 
‘‘(A) overtime pay, night pay, Sunday pay, 
or holiday pay under section 5542, 5545, or 
5546; 
‘‘(B) locality-based comparability payments 
under section 5304 or special rate supplements 
under section 5305; or 
‘‘(C) cost-of-living allowances in nonforeign 
areas under section 5941. 
‘‘(3) LIMITATIONS.— 
‘‘(A) IN GENERAL.—During the control pe-
riod described in subparagraph (B), the amount 
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of the overtime supplement that is considered 
basic pay under paragraphs (1)(A) and (1)(B) 
may not exceed the amount derived by multi-
plying the border patrol agent’s basic border 
patrol rate of pay by the percentage rep-
resenting the agent’s career average of assigned 
overtime supplement percentages (including 0 
percent for periods of time during which no 
overtime supplement was payable). That career 
average percentage is computed without regard 
to the effect of the limitation on premium pay 
under section 5547, but the premium pay limi-
tation remains applicable in determining the 
dollar amount of any overtime supplement com-
puted using the career average percentage. 
‘‘(B) CONTROL PERIOD.—For the purposes 
of applying subparagraph (A), the control pe-
riod described in this subparagraph is the pe-
riod that begins 3 years before the date a bor-
der patrol agent will meet age and service re-
quirements associated with entitlement to an 
immediate annuity and continues throughout 
the remainder of the individual’s career as a 
border patrol agent. 
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‘‘(C) ASSIGNED
OVERTIME
SUPPLEMENT 
PERCENTAGES.—For the purpose of applying 
subparagraph (A), a border patrol agent’s ini-
tial career average of assigned overtime supple-
ment percentages is the average for the border 
patrol agent’s career (excluding any period of 
initial training prior to the agent’s first regular 
work assignment) prior to the beginning of the 
control period described in subparagraph (B). 
During such control period, the career average 
shall be recomputed at the end of each annual 
period (as described in subsection (b)(1)(A)). In 
computing such career average, any periods of 
service as a border patrol agent prior to the 
first day of the first pay period beginning on or 
after January 1, 2016, shall be included, and 
the agent’s assigned overtime supplement dur-
ing such periods shall be deemed to be 25 per-
cent. 
‘‘(4) ANNUAL LEAVE PAYMENT.—For the pur-
pose of computing an agent’s lump-sum annual leave 
payment under section 5551 or 5552, the pay the 
agent is projected to receive shall include a deemed 
overtime supplement derived under this paragraph. 
Such overtime supplement shall be based on the 
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lower of the agent’s actual overtime supplement per-
centage in effect at separation or the average per-
centage of the agent’s overtime supplement over the 
26 full biweekly pay periods immediately preceding 
that separation, and shall not exceed the amount 
that is or would be payable under the premium pay 
limitation in section 5547.’’; 
(6) in subsection (f)— 
(A) in the heading of such subsection, by 
striking ‘‘AND SUBSTITUTION OF HOURS’’ and 
inserting ‘‘DURING REGULAR TIME; ABSENCES 
DURING SCHEDULED OVERTIME’’; and 
(B) by adding at the end the following: 
‘‘(5) APPLICATION.— 
‘‘(A) LIMITATION
ON
SUBSTITUTION.— 
Notwithstanding paragraph (1), scheduled over-
time (as described in paragraph (2)(A)(ii) or 
(3)(A)(ii) of subsection (b)) may not be sub-
stituted for leave without pay on a day when a 
border patrol agent has a full day of leave with-
out pay. 
‘‘(B) LEAVE WITHOUT PAY.—As provided 
in paragraphs (2)(A)(ii) and (3)(A)(ii) of sub-
section (b), a border patrol agent shall incur no 
scheduled overtime obligation on a day when 
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the agent has a full day of leave without pay.’’; 
and 
(7) by adding at the end the following: 
‘‘(h) ALTERNATIVE WORK SCHEDULES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision in this section or section 6101, U.S. Cus-
toms and Border Protection may assign a border pa-
trol agent an alternative work schedule as described 
in this subsection, subject to any regulations pre-
scribed by the Director of the Office of Personnel 
Management. No alternative work schedule may be 
established under subchapter II of chapter 61. 
‘‘(2) LEVEL 2 BORDER PATROL AGENT.—A bor-
der patrol agent receiving a level 2 border patrol 
rate of pay may, in lieu of the standard work sched-
ule described in subsection (b)(3)(A), be assigned to 
an alternative work schedule under the following 
terms and conditions: 
‘‘(A) The alternative work schedule shall 
be a regular tour of duty consisting of 9 work-
days per biweekly pay period, with— 
‘‘(i) 8 workdays including 9 hours of 
regular time per workday and 1 additional 
hour of scheduled overtime for each day 
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the agent performs work during regular 
time; and 
‘‘(ii) 1 workday including 8 hours of 
regular time per workday and 2 additional 
hours of scheduled overtime when the 
agent performs work during such regular 
time. 
‘‘(B) Subparagraphs (B) through (H) of 
subsection (b)(3) shall continue to apply to an 
agent assigned to an alternative work schedule 
under this paragraph. References in this section 
to regular time under subsection (b)(3)(A)(i) 
and 
scheduled 
overtime 
under 
subsection 
(b)(3)(A)(ii) shall be deemed to be references to 
regular time and scheduled overtime described 
in subparagraph (A), respectively. 
‘‘(3) BASIC BORDER PATROL AGENT.—A border 
patrol agent receiving a basic border patrol rate of 
pay may, in lieu of the standard work schedule de-
scribed in subsection (b)(4)(A), be assigned to an al-
ternative work schedule that is a regular tour of 
duty consisting of 4 workdays per week with 10 
hours of regular time per workday. 
‘‘(4) SUNDAY PAY; PREMIUM PAY.—A border 
patrol agent assigned to an alternative work sched-
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ule under this subsection, may receive, as applica-
ble— 
‘‘(A) Sunday pay for no more than 8 hours 
of regular time associated with a given Sunday, 
consistent with section 5546(a); 
‘‘(B) premium pay for work on a holiday 
for no more than 8 hours of regular time asso-
ciated with a given holiday, consistent with sec-
tion 5546(b); and 
‘‘(C) basic pay for all regular time hours 
that qualify for holiday time off pay when an 
agent is relieved or prevented from working 
during such regular time on a day designated 
as a holiday by Federal statute or Executive 
order. 
‘‘(5) APPLICATION.—For purposes of admin-
istering sections 6303(a), 6304, 6307(a) and (d), 
6323, 6326, 6327, and 8339(m), in the case of an 
employee assigned to an alternative work schedule 
under this subsection, references to a day or work-
day (or to multiples or parts thereof) contained in 
such sections shall be considered to be references to 
8 hours (or to the respective multiples or parts 
thereof). 
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‘‘(i) REGULATIONS.—The Director of the Office of 
Personnel Management shall promulgate regulations to 
carry out this section, including regulations governing— 
‘‘(1) elections and assignments of a border pa-
trol rate of pay for newly hired border patrol agents 
who complete initial training during an annual pe-
riod; 
‘‘(2) situations in which an agent receives more 
than one type of border patrol rate of pay in a bi-
weekly pay period or is employed as a border patrol 
agent for only part of a biweekly pay period; and 
‘‘(3) the treatment of hours that are substituted 
for nonpay status hours during regular time.’’. 
(b) OVERTIME RATES.—Section 5542(g)(5) of title 
5, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘leave 
year’’ and inserting ‘‘an annual period, as described 
in section 5550(b)(1)(A)’’; and 
(2) by amending subparagraph (E) to read as 
follows: 
‘‘(E) shall not receive credit towards com-
putation of the border patrol agent’s annuity 
based on unused compensatory time off; and’’. 
(c) PREMIUM PAY CAP.—Section 5547(c) of title 5, 
United States Code, is amended by inserting after ‘‘duty,’’ 
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the following: ‘‘or to border patrol agents who receive an 
overtime supplement for overtime hours within their reg-
ular tour of duty under section 5550,’’. 
(d) 
BASIC
PAY
FOR
RETIREMENT.—Section 
8331(3)(I) of title 5, United States Code, is amended by 
adding before the semicolon at the end the following: ‘‘, 
subject to the limitation prescribed in section 5550(d)(3)’’. 
(e) SCHEDULED OVERTIME WORK.—Section 2(c)(2) 
of the Border Patrol Agent Pay Reform Act of 2014 (Pub-
lic Law 113–277) is amended by inserting after ‘‘sched-
uled overtime work’’ the following: ‘‘(other than scheduled 
overtime work within the regular tour of duty)’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by section 2 shall take effect 
on the first day of the first pay period beginning on or 
after the day that is 90 days after the date of the enact-
ment of this Act. 
Æ 
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