I
118THCONGRESS
1
STSESSION 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
SEPTEMBER18, 2023
Mr. T
ONYGONZALESof 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. ESTABLISHMENT OF HIGHER RATES OF REGU-3
LARLY SCHEDULED OVERTIME PAY FOR 4
UNITED STATES BORDER PATROL AGENTS 5
CLASSIFIED AT GS–12. 6
Section 5550 of title 5, United States Code, is 7
amended by adding at the end the following: 8
‘‘(h) S
PECIALOVERTIMEPAY FORGS–12 BORDER 9
P
ATROLAGENTS.— 10
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‘‘(1) IN GENERAL.—Notwithstanding para-1
graphs (1)(F), (2)(C), and (3)(C) of subsection (b), 2
a border patrol agent encumbering a position at 3
grade GS–12 shall receive a special overtime pay-4
ment under this subsection for hours of regularly 5
scheduled work described in paragraph (2)(A)(ii) or 6
(3)(A)(ii) of subsection (b), as applicable, that are 7
credited to the agent through actual performance of 8
work, crediting under rules for canine agents under 9
subsection (b)(1)(F), or substitution of overtime 10
hours in the same work period under subsection 11
(f)(2)(A), except that no such payment may be made 12
for periods of absence resulting in an hours obliga-13
tion under paragraph (3) or (4) of subsection (f). 14
‘‘(2) C
OMPUTATION.—The special overtime pay-15
ment authorized under paragraph (1) shall be com-16
puted by multiplying the credited hours by 50 per-17
cent of the border patrol agent’s hourly rate of basic 18
pay, rounded to the nearest cent. 19
‘‘(3) L
IMITATIONS.—The special overtime pay-20
ment authorized under paragraph (1)— 21
‘‘(A) is not considered basic pay for retire-22
ment under section 8331(3) or 8401(4) or for 23
any other purpose; 24
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‘‘(B) is not payable during periods of paid 1
leave or other paid time off; and 2
‘‘(C) is not considered in computing an 3
agent’s lump-sum annual leave payment under 4
sections 5551 and 5552.’’. 5
Æ
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