Customs and Border Protection Crisis Hardship and Incentive Pay Act of 2022
Bill: H.R.9406 | Sponsor: Rep. Crenshaw, Dan (R-TX)
Policy area: Immigration

Summary:
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.

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.
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