[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3874 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3874

 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

                             March 17, 2022

   Mr. Cornyn (for himself, Ms. Sinema, Mr. Lankford, and Mr. Kelly) 
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.

    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 ``Border Patrol Pay Security Act of 
2022''.

SEC. 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.

SEC. 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.''.

SEC. 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).
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