Border Patrol Overtime Parity and Accountability Act

This Act establishes overtime pay parity for U.S. Border Patrol agents when compared to other federal law enforcement officers under title 5, United States Code. For purposes of this Act, 'Border Patrol agent' means an employee of U.S. Customs and Border Protection whose primary duty is enforcement of immigration and customs laws along the international borders of the United States. Such agents shall receive overtime pay at a rate not less than the rate provided to federal law enforcement officers under section 5542 of title 5, United States Code, subject to the limitations and conditions described below. Not later than 180 days after enactment, the Secretary of Homeland Security shall issue regulations defining eligible overtime work for Border Patrol agents, including the maximum number of overtime hours that may be compensated per pay period (not to exceed 50 hours, except in declared national emergency) and the types of activities qualifying as overtime (e.g., border patrol operations, checkpoint operations, and administrative duties directly supporting enforcement). The Secretary shall ensure that no agent receives both premium pay and overtime for the same hours, and that overtime parity does not create a windfall for supervisory or administrative personnel. No funds may be obligated under this Act unless the Secretary first certifies to the Committees on Appropriations and Homeland Security of both chambers that the cost of parity will not exceed the annual cap set forth in this Act. The cap shall be $150 million per fiscal year, adjusted for inflation. The Secretary shall submit quarterly reports to the Government Accountability Office detailing expenditures, number of agents affected, and average overtime hours. The Government Accountability Office shall audit the program annually and report to Congress on its cost-effectiveness and impact on border security. This Act shall sunset after five years unless reauthorized by Congress. Upon sunset, the Secretary shall submit a final evaluation to Congress including recommendations on whether parity should be extended, modified, or terminated. If the Secretary fails to comply with any provision of this Act, the Office of Inspector General of the Department of Homeland Security shall withhold a proportional amount of the Department's subsequent administrative appropriations until compliance is achieved. This Act does not preempt or interfere with state or local law enforcement overtime practices. Nothing in this Act shall be construed to expand the immigration enforcement authority of the federal government beyond existing statutory limits.