I 118th CONGRESS 1st Session H. R. 5538 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.

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. .