HouseH.R. 8917119th Congress

No Tax on Border Patrol Agent Overtime Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8917 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8917

To amend the Internal Revenue Code of 1986 to provide that overtime pay 
    provided to certain border patrol agents is qualified overtime 
                             compensation.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2026

 Mr. Arrington (for himself, Mr. Buchanan, Mr. Moran, and Mr. Steube) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to provide that overtime pay 
    provided to certain border patrol agents is qualified overtime 
                             compensation.

    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 ``No Tax on Border Patrol Agent 
Overtime Act''.

SEC. 2. QUALIFIED OVERTIME COMPENSATION FOR BORDER PATROL AGENTS.

    (a) In General.--Section 225(c)(1) of the Internal Revenue Code of 
1986 is amended to read as follows:
            ``(1) In general.--For purposes of this section, the term 
        `qualified overtime compensation' means--
                    ``(A) overtime compensation paid to an individual 
                required under section 7 of the Fair Labor Standards 
                Act of 1938 that is in excess of the regular rate (as 
                used in such section) at which such individual is 
                employed, or
                    ``(B) amounts paid to a border patrol agent (as 
                defined in subsection (a) of section 5550 of title 5, 
                United States Code), other than the hazardous duty pay 
                payable under subsection (c)(3) of such section, that 
                are in excess of the rate of basic pay that would be in 
                effect for such border patrol agent if the rate of 
                basic pay of such border patrol agent were determined 
                without regard to such section, including--
                            ``(i) the supplemental pay described in 
                        subsection (b)(2) of such section,
                            ``(ii) the supplemental pay described in 
                        subsection (b)(3) of such section,
                            ``(iii) premium pay payable under 
                        subsection (c)(1) of such section, and
                            ``(iv) pay for overtime work payable under 
                        section 5542(g) of such title.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2025.
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