Summary: Border Patrol Supervisors Retention Act (H.R. 6439)

Overview

H.R. 6439, the Border Patrol Supervisors Retention Act, was introduced in the House on December 4, 2025 (Introduced by Rep. Tony Gonzales of Texas, joined by several cosponsors). The bill seeks to expand eligibility for special overtime pay for U.S. Border Patrol agents who are classified above the GS-12 level, with the aim of improving retention and compensation for supervisory personnel.

Purpose and Intent

• Primary goal: broaden access to special overtime pay to Border Patrol agents graded GS-13 through GS-15.
• Contextual aim: address staffing and retention challenges among higher-graded Border Patrol supervisors by enhancing compensation for regularly scheduled overtime.

Key Provisions

• Section 2: Establishment of Higher Rates of Regularly Scheduled Overtime Pay
  • Amends 5 U.S.C. § 5550(h).
  • Adjusts the eligibility scope from “GS-12 Border Patrol agents” to “Border Patrol agents classified from grade GS-12 through GS-15.”
  • Specifically, the subsection heading is changed to reflect eligibility for GS-12 through GS-15 rather than only GS-12.
  • The provision clarifies that agents in positions from GS-12 through GS-15 would qualify for higher rates of regularly scheduled overtime pay.

Affected Parties and Scope

• Affected Employees: U.S. Border Patrol agents who are classified within GS-12, GS-13, GS-14, or GS-15.
• Government/Agency Context: U.S. Border Patrol within the federal workforce; implementation would involve the Office of Personnel Management guidance and the relevant federal overtime pay framework as codified in 5 U.S.C. § 5550(h).

Procedural and Timeline Aspects

• Status: Introduced in the U.S. House of Representatives.
• Initial Action: Referred to the House Committee on Oversight and Government Reform on December 4, 2025.
• For now, no Senate action, no enacted text beyond the introduced version, and no specified effective date. As a bill at an early stage, it would require committee consideration, potential amendments, and passage by both chambers and presidential assent to become law.

Potential Impact

• Retention and Staffing: By providing higher overtime pay eligibility up to GS-15, the bill aims to make supervisory positions more financially rewarding and competitive, potentially improving retention of experienced Border Patrol supervisors.
• Financial Implications: Expanding eligibility may affect federal payroll costs related to overtime. Specific fiscal impact would depend on rates and utilization, which would be analyzed during committee deliberations.
• Operational Implications: If enacted, the change would modify compensation rules for a subset of Border Patrol personnel, influencing overtime administration and payroll processes.

Summary

H.R. 6439 would broaden the eligibility for special overtime pay to Border Patrol agents from GS-12 through GS-15, moving beyond the current GS-12 limitation. The objective is to support retention of supervisory personnel by aligning overtime compensation more closely with higher-grade positions. The bill is in the early legislative stage, with referral to the House Oversight and Government Reform Committee.