I 
115TH CONGRESS 
2D SESSION 
H. R. 5896 
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 
MAY 21, 2018 
Mr. HURD (for himself, Mr. VELA, and Ms. MCSALLY) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment 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 2018’’. 
SEC. 2. AMENDMENTS TO THE BORDER PATROL AGENT PAY 
REFORM ACT OF 2014. 
(a) BORDER PATROL AGENT PAY.— 
VerDate Sep 11 2014 
22:10 Jun 01, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5896.IH
H5896
pbinns on DSK79D2C42PROD with BILLS
(I) by amending clause (iv) to 
read as follows: 
‘‘(iv) a border patrol agent shall be 
assigned a basic border patrol rate of pay 
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’’; 
(iv) in subparagraph (E)— 
(I) in clause (i), by striking ‘‘or 
the level 2 border patrol rate of pay’’; 
(II) clause (ii), by striking ‘‘the 
analysis conducted under section 2(e) 
of the Border Patrol Agent Pay Re-
form Act of 2014’’ and inserting in its 
place ‘‘a written staffing analysis’’; 
and 
(III) by adding at the end the 
following: 
‘‘(iv) EXCLUSION
OF
CERTAIN
EM-
PLOYEES.—In applying any percentage 
limit under clause (i) or (ii) to a location 
VerDate Sep 11 2014 
22:10 Jun 01, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5896.IH
H5896
pbinns on DSK79D2C42PROD with BILLS
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 
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.’’; 
(v) by amending subparagraph (F) to 
read as follows: 
‘‘(F) CANINE CARE.—(i) For a border pa-
trol agent assigned to provide care for a canine 
while not on duty and assigned to the level 1 
border patrol rate of pay in accordance with 
subparagraph (D)(ii)— 
‘‘(I) that rate of pay covers all such 
care and no other pay shall be paid to the 
border patrol agent for such care except as 
set forth in subclauses (II) through (V); 
VerDate Sep 11 2014 
22:10 Jun 01, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5896.IH
H5896
pbinns on DSK79D2C42PROD with BILLS
‘‘(II) the agent shall be credited with 
1 hour of such care for each calendar day 
on which such care occurs (without regard 
to the actual duration of such care); 
‘‘(III) canine care hours credited 
under subclause (II) on a day when the 
agent performs regular time work under 
paragraph (2)(A)(i) shall— 
‘‘(aa) be counted as up to 1 hour 
of scheduled overtime (as described in 
paragraph (2)(A)(ii)) on that work 
day if the agent has not completed 2 
hours of scheduled overtime (exclud-
ing the canine care hour credited 
under clause (ii)) on that workday; or 
‘‘(bb) be counted as up to 1 hour 
of overtime work that is officially or-
dered or approved in advance of the 
workweek 
under 
section 
5542(g) 
based on the amount of canine care 
credit for the workday that is not con-
verted to scheduled overtime under 
item (aa); 
‘‘(IV) canine care hours credited 
under subclause (II) on a day when the 
VerDate Sep 11 2014 
22:10 Jun 01, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5896.IH
H5896
pbinns on DSK79D2C42PROD with BILLS
agent does not perform regular time work 
under paragraph (2)(A)(i) shall be counted 
as 1 hour of overtime work that is offi-
cially ordered or approved in advance of 
the workweek under section 5542(g); and 
‘‘(V) 
notwithstanding 
subclauses 
(III)(bb) and (V), overtime work credited 
under those subclauses is subject to substi-
tution or application as provided in para-
graph (2)(F) and subsection (f) as follows: 
‘‘(aa) Substitution for periods of 
absence during regular time or sched-
uled overtime (as described in para-
graph (2)(A)(ii)) within the same 
work period in which the canine care 
credit was generated. 
‘‘(bb) Application towards a debt 
of obligated overtime hours. 
‘‘(ii) Canine care hours credited under sub-
clauses (III) or (IV) shall not be credited as 
overtime work under any other provision of 
law.’’; and 
(vi) by striking subparagraph (G); 
(C) in subsection (b)(2)— 
VerDate Sep 11 2014 
22:10 Jun 01, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5896.IH
H5896
pbinns on DSK79D2C42PROD with BILLS
(i) 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’’; 
(ii) in subparagraph (E)— 
(I) by striking ‘‘paid leave’’ and 
inserting ‘‘leave’’; and 
(II) by striking ‘‘absent from 
work’’ and inserting ‘‘excused from 
work’’; 
(iii) in subparagraph (F)(ii), by strik-
ing ‘‘and’’; 
(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 
VerDate Sep 11 2014 
22:10 Jun 01, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5896.IH
H5896
pbinns on DSK79D2C42PROD with BILLS
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 
(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, 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.’’; 
(D) in subsection (b)(3)— 
(i) 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’’; 
(ii) in subparagraph (E), by striking 
‘‘paid leave’’ and inserting ‘‘leave’’; 
(iii) in subparagraph (F)(ii), by strik-
ing ‘‘and’’; 
VerDate Sep 11 2014 
22:10 Jun 01, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5896.IH
H5896
pbinns on DSK79D2C42PROD with BILLS