To amend title 5 of the United States Code to provide special overtime pay for certain border patrol agents, and for other purposes.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5538 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5538

To amend title 5 of the United States Code to provide special overtime 
     pay for certain border patrol agents, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2023

  Mr. Tony Gonzales of Texas introduced the following bill; which was 
       referred to the Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL


 
To amend title 5 of the United States Code to provide special overtime 
     pay for certain border patrol agents, 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. ESTABLISHMENT OF HIGHER RATES OF REGULARLY SCHEDULED 
              OVERTIME PAY FOR UNITED STATES BORDER PATROL AGENTS 
              CLASSIFIED AT GS-12.

    Section 5550 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(h) Special Overtime Pay for GS-12 Border Patrol Agents.--
            ``(1) In general.--Notwithstanding paragraphs (1)(F), 
        (2)(C), and (3)(C) of subsection (b), a border patrol agent 
        encumbering a position at grade GS-12 shall receive a special 
        overtime payment under this subsection for hours of regularly 
        scheduled work described in paragraph (2)(A)(ii) or (3)(A)(ii) 
        of subsection (b), as applicable, that are credited to the 
        agent through actual performance of work, crediting under rules 
        for canine agents under subsection (b)(1)(F), or substitution 
        of overtime hours in the same work period under subsection 
        (f)(2)(A), except that no such payment may be made for periods 
        of absence resulting in an hours obligation under paragraph (3) 
        or (4) of subsection (f).
            ``(2) Computation.--The special overtime payment authorized 
        under paragraph (1) shall be computed by multiplying the 
        credited hours by 50 percent of the border patrol agent's 
        hourly rate of basic pay, rounded to the nearest cent.
            ``(3) Limitations.--The special overtime payment authorized 
        under paragraph (1)--
                    ``(A) is not considered basic pay for retirement 
                under section 8331(3) or 8401(4) or for any other 
                purpose;
                    ``(B) is not payable during periods of paid leave 
                or other paid time off; and
                    ``(C) is not considered in computing an agent's 
                lump-sum annual leave payment under sections 5551 and 
                5552.''.
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