II 116th CONGRESS 2d Session S. 3199 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, Education, 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.

1. Short title This Act may be cited as the Border Patrol Pay Security Act of 2020 . 2. Purpose The purposes of this Act are— (1) to strengthen U.S. Customs and Border Protection; and (2) to ensure that border patrol agents are compensated with premium pay for certain hours of overtime work. 3. Fair Labor Standards Act of 1938 premium pay for border patrol agents Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) is amended by adding at the end the following: (s) Employment as a border patrol agent No public agency shall be deemed to have violated subsection (a) with respect to the employment of any border patrol agent (as defined in section 5550(a)(2) of title 5, United States Code), if, during a work period of 14 consecutive days, the border patrol agent receives compensation at a rate not less than 150 percent of the regular rate at which the border patrol agent is employed for all hours of work between 80 hours and 100 hours. Payments required under this subsection shall be in addition to any payments made under section 5550 of title 5, United States Code, and shall be made notwithstanding any pay limitations set forth in that title. . 4. Technical and conforming amendment Section 13(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a) ) is amended by striking paragraph (18).