US Codex
Bill
Notes

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

H.R. 5538 · 118th Congress · Sep 18, 2023 · Lineage

A BILL

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.”