Customs and Border Protection Crisis Hardship and Incentive Pay Act of 2022
This bill requires additional pay (up to $250 per pay period) for U.S. Customs and Border Protection and U.S. Immigrations and Customs Enforcement law enforcement officers if the officer was on duty under certain conditions, such as if fentanyl was encountered in the sector.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9406 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9406
To create a special pay incentive for Customs and Border Protection law
enforcement officers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 2, 2022
Mr. Crenshaw (for himself, Mr. Ellzey, and Mr. Van Drew) introduced the
following bill; which was referred to the Committee on Homeland
Security
_______________________________________________________________________
A BILL
To create a special pay incentive for Customs and Border Protection law
enforcement officers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Customs and Border Protection Crisis
Hardship and Incentive Pay Act of 2022''.
SEC. 2. ESTABLISHMENT AND ELIGIBILITY OF HARDSHIP INCENTIVE PAY
PROGRAM.
(a) Eligibility.--Under regulations prescribed by the Secretary of
Homeland Security, a covered employee shall be paid special pay under
subsection (b) of this section for any day or portion of a day in which
the covered employee--
(1) was on duty along a border in which an average of more
than 1,000 aliens were encountered per day over a month long
period;
(2) was on duty in a sector in which more than 250 aliens
were encountered per day;
(3) was on duty in a sector in which the covered employee
was subject to the threat of physical harm or imminent danger
on the basis of armed cartel presence; or
(4) was on duty in a sector in which fentanyl was
encountered.
(b) Special Pay Amount.--
(1) In general.--Except as provided in paragraph (2), the
amount of special pay authorized by subsection (a) for
qualifying service during a day or portion of a day shall be
the amount equal to \1/30\ of the maximum amount of special pay
payable to a covered employee as specified in paragraph (3).
(2) Exception.--In the case of a covered employee who is
subject to the threat of physical harm or imminent danger on
the basis of armed cartel presence in or for a day or portion
of a day, at the election of the Secretary, pay the covered
employee special pay under subsection (a) for such service in
an amount not to exceed the maximum amount specified in
paragraph (3).
(3) Limit.--The maximum amount of special pay payable to a
covered employee under this subsection for any pay period is
$250.
(c) Continuation During Hospitalization.--
(1) In general.--A covered employee described in paragraph
(2) may be paid special pay under this section for any day (or
portion of a day) of not more than three additional months
during which the employee is hospitalized as described in such
paragraph.
(2) Covered employees.--Paragraph (1) applies with respect
to a covered employee who--
(A) is injured or wounded under the circumstances
described in subsection (a)(3) and is hospitalized for
the treatment of the injury or wound; or
(B) while in the line of duty, incurs a wound,
injury, or illness in a sector designated by the
Secretary of Homeland Security and is hospitalized
outside of the sector for the treatment of the wound,
injury, or illness.
(d) Limitations and Administration.--
(1) In general.--In the case of an area described in
subsection (a)(1), the Secretary of Homeland Security shall be
responsible for designating the period during which duty in the
area will qualify covered employees for special pay under this
section. The effective date designated for the commencement of
such a period may be a date occurring before, on, or after the
actual date on which the Secretary makes the designation. If
the commencement date for such a period is a date occurring
before the date on which the Secretary makes the designation,
the payment of special pay under this section for the period
between the commencement date and the date on which the
Secretary makes the designation shall be subject to the
availability of appropriated funds for that purpose.
(2) Criteria.--In making the determination to designate a
period of eligibility provided in paragraph (1), the Secretary
shall review eligibility factors beginning from March 2021.
(3) Other matters.--A covered employee--
(A) may not be paid more than one instance of
special pay under this section for any day; and
(B) may be paid special pay under this section in
addition to any other pay and allowances to which he
may be entitled, and such special pay shall be
considered basic pay under chapter 83 or 84 of title 5,
United States Code.
(e) Definitions.--In this Act--
(1) the term ``alien'' has the meaning given that term in
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101);
(2) the term ``covered employee'' means an employee of U.S.
Customs and Border Protection or U.S. Immigrations and Customs
Enforcement whose primary duty is as a law enforcement officer;
and
(3) the term ``law enforcement officer'' has the meaning
given that term in section 8401(17) of title 5, United States
Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Border Security, Facilitation, and Operations.
Referred to the Subcommittee on Oversight, Management, and Accountability.
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