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116TH CONGRESS
1ST SESSION H. R. 2335
To amend the Fair Labor Standards Act of 1938 to ensure compensation
for certain hours of work for border patrol agents, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 18, 2019
Mr. CUELLAR introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To amend the Fair Labor Standards Act of 1938 to ensure
compensation for certain hours of work for border patrol
agents, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Border Patrol Pay Se-
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curity Act of 2019’’.
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SEC. 2. FAIR LABOR STANDARDS PAY FOR BORDER PATROL
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AGENTS.
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(a) PURPOSE.—The purposes of this Act are to
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strengthen U.S. Customs and Border Protection and en-
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sure that border patrol agents are compensated for certain
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•HR 2335 IH
hours of work with premium pay for certain hours of over-
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time work.
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(b) FAIR LABOR STANDARDS ACT PREMIUM PAY.—
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Section 7 of the Fair Labor Standards Act of 1938 (29
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U.S.C. 207) is amended by adding at the end the fol-
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lowing:
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‘‘(t) EMPLOYMENT AS A BORDER PATROL AGENT.—
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No public agency shall be deemed to have violated sub-
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section (a) with respect to the employment of any border
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patrol agent, as defined in paragraph (1) of section 5550
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of title 5, United States Code, if, during a work period
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of 14 consecutive days, the border patrol agent receives
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compensation at a rate not less than one and one-half
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times the regular rate at which he or she is employed for
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all hours of work from 80 hours to 100 hours. Payments
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required under this section shall be—
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‘‘(1) in addition to any payments made under
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such section 5550;
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‘‘(2) made notwithstanding any pay limitations
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set forth in that title; and
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‘‘(3) paid as additional ‘half-time’ as the
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straight time portion shall be deemed paid for the
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hours for which payments under such section 5550
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have been made.’’.
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(c) TECHNICAL AND CONFORMING AMENDMENTS.—
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Section 13(a) of the Fair Labor Standards Act of 1938
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(29 U.S.C. section 213(a)) is amended by striking para-
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graph (18).
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