I 117th CONGRESS 2d Session H. R. 9406 IN THE HOUSE OF REPRESENTATIVES December 2, 2022 Mr. Crenshaw (for himself, Mr. Ellzey , and Mr. Van Drew ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To create a special pay incentive for Customs and Border Protection law enforcement officers, and for other purposes.

1. Short title This Act may be cited as the Customs and Border Protection Crisis Hardship and Incentive Pay Act of 2022 . 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.