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II
116TH CONGRESS
2D SESSION
S. 3199
To amend section 7 of the Fair Labor Standards Act of 1938 to ensure
appropriate compensation for certain hours of overtime work by border
patrol agents.
IN THE SENATE OF THE UNITED STATES
JANUARY 15, 2020
Mr. CORNYN (for himself and Ms. SINEMA) introduced the following bill;
which was read twice and referred to the Committee on Health, Edu-
cation, Labor, and Pensions
A BILL
To amend section 7 of the Fair Labor Standards Act of
1938 to ensure appropriate compensation for certain
hours of overtime work by border patrol agents.
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 ββBorder Patrol Pay Se-
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curity Act of 2020ββ.
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SEC. 2. PURPOSE.
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The purposes of this Act areβ
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(1) to strengthen U.S. Customs and Border
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Protection; and
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β’S 3199 IS
(2) to ensure that border patrol agents are
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compensated with premium pay for certain hours of
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overtime work.
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SEC. 3. FAIR LABOR STANDARDS ACT OF 1938 PREMIUM
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PAY FOR BORDER PATROL AGENTS.
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Section 7 of the Fair Labor Standards Act of 1938
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(29 U.S.C. 207) is amended by adding at the end the fol-
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lowing:
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ββ(s) EMPLOYMENT AS A BORDER PATROL AGENT.β
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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 section 5550(a)(2) of title 5,
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United States Code), if, during a work period of 14 con-
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secutive days, the border patrol agent receives compensa-
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tion at a rate not less than 150 percent of the regular
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rate at which the border patrol agent is employed for all
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hours of work between 80 hours and 100 hours. Payments
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required under this subsection shall be in addition to any
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payments made under section 5550 of title 5, United
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States Code, and shall be made notwithstanding any pay
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limitations set forth in that title.ββ.
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β’S 3199 IS
SEC. 4. TECHNICAL AND CONFORMING AMENDMENT.
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Section 13(a) of the Fair Labor Standards Act of
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1938 (29 U.S.C. 213(a)) is amended by striking para-
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graph (18).
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Γ
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