without pay. The total amount of border patrol 
pay that a border patrol agent would normally 
receive in a pay period described in the pre-
ceding sentence shall be decreased based on the 
percentage of work days for which the border 
patrol agent takes leave without pay.’’; and 
(G) (7) by adding at the end the following: 
‘‘(i) (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— 
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‘‘(i) 8 workdays including 9 hours of 
regular time per workday and 1 additional 
hour of scheduled overtime for each day 
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 
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duty consisting of 4 workdays per week with 10 
hours of regular time per workday.’’. 
‘‘(4) SUNDAY PAY; PREMIUM PAY.—A border pa-
trol agent assigned to an alternative work schedule 
under this subsection, may receive, as applicable— 
‘‘(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 associ-
ated 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 dur-
ing 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 em-
ployee assigned to an alternative work schedule under 
this subsection, references to a day or workday (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 Per-
sonnel Management shall promulgate regulations to carry 
out this section, including regulations governing— 
‘‘(1) elections and assignments of a border patrol 
rate of pay for newly hired border patrol agents who 
complete initial training during an annual period; 
‘‘(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.’’. 
(2) REGULATIONS.—The Director of the Office 
of Personnel Management shall promulgate regula-
tions to carry out the amendments made by this 
subsection, including regulations governing— 
(A) elections and assignments of a border 
patrol rate of pay for newly hired border patrol 
agents who complete initial training during an 
annual period; 
(B) situations in which a border patrol 
agent receives more than one type of border pa-
trol rate of pay in a biweekly pay period or is 
employed as a border patrol agent for only part 
of a biweekly pay period; and 
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(C) the treatment of hours that are sub-
stituted 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,’’ 
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-
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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. 
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Union Calendar No. 761 
115TH CONGRESS 
2D SESSION 
H. R. 5896 
[Report No. 115–973] 
A BILL 
To amend title 5, United States Code, to modify 
the authority for pay and work schedules of bor-
der patrol agents, and for other purposes. 
SEPTEMBER 25, 2018 
Reported amendments, committed to the Committee of 
the Whole House on the State of the Union, and or-
dered to be printed 
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