(iv) 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 
(v) 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; 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.’’; 
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(E) by amending subsection (d) to read as 
follows: 
‘‘(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)); 
‘‘(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. 
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‘‘(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 
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 
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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. 
‘‘(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 
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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 
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.’’; 
(F) in subsection (f)— 
(i) in the heading of such subsection, 
by 
striking 
‘‘AND
SUBSTITUTION
OF 
HOURS’’ and inserting ‘‘DURING REGULAR 
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TIME; ABSENCES
DURING
SCHEDULED 
OVERTIME’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(5) SPECIAL
RULES
FOR
LEAVE
WITHOUT 
PAY.— 
‘‘(A) AT LEAST 1 WORKDAY.—If a border 
patrol agent takes leave without pay for a pe-
riod of at least 1 workday, the agent shall not 
receive any pay for the hours during which the 
border patrol agent took leave without pay. 
‘‘(B) NO ACCRUAL OF OVERTIME DEBT.— 
A border patrol agent shall not accrue an over-
time debt for any full workdays during which a 
border patrol agent uses leave without pay, re-
gardless of the border patrol rate of pay to 
which the border patrol agent is assigned. 
‘‘(C) CALCULATION OF PAY.—For pay pe-
riods during which a border patrol agent takes 
1 or more full days of leave without pay, the 
amount of border patrol pay that the agent 
would normally receive shall be reduced propor-
tionally by the amount of overtime hours that 
the agent has not worked due to being on leave 
without pay. The total amount of border patrol 
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