[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 693. Mr. BOOKER (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. __. PAY FOR CERTAIN EMPLOYEES AND CONTRACTORS WORKING IN 
                   SENSITIVE SECURITY ENVIRONMENTS.

       (a) Federal Employees.--
       (1) In general.--Subchapter IV of chapter 53 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5349A. Pay for prevailing rate employees working in 
       sensitive security environments

       ``(a) Definitions.--In this section--
       ``(1) the term `local wage area' means a local wage 
     established under section 5343; and
       ``(2) the term `position in a sensitive security 
     environment' means a position in which individual--
       ``(A) is required to have a security clearance; or
       ``(B) performs not less than 50 percent of the official 
     duties of the individual--
       ``(i) for an element of the intelligence community (as 
     defined under section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 3003(4)));
       ``(ii) for a laboratory or research center overseen by the 
     Office for National Laboratories of the Department of 
     Homeland Security;
       ``(iii) at an airport; or
       ``(iv) at a military installation.
       ``(b) Pay Limitation.--The rate of basic pay for a 
     prevailing wage employee in a position in a sensitive 
     security environment shall be not less than the rate of basic 
     pay for grade 2, level 1 of the WS wage schedule in effect 
     for the local wage area of the duty station of the prevailing 
     rate employee.''.
       (2) Technical and conforming amendment.--The table of 
     sections for subchapter VII of chapter 53 of title 5, United 
     States Code, is amended by adding at the end the following:

``5349A. Pay for prevailing rate employees working in sensitive 
              security environments.''.
       (3) Effective date.--The amendment made by this subsection 
     shall take effect on the first day of the first pay period 
     beginning after the date that is 1 year after the date of 
     enactment of this Act.
       (b) Private Employers.--
       (1) In general.--Section 6 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 206) is amended by adding at the end the 
     following:
       ``(h) Minimum Wage for Employees in Sensitive Security 
     Environments.--
       ``(1) Definition of covered employee.--In this subsection, 
     the term `covered employee' means an employee who--
       ``(A) in any workweek is engaged in commerce or in the 
     production of goods for commerce, or is employed in an 
     enterprise engaged in commerce or in the production of goods 
     for commerce;
       ``(B) performs duties described in section 5342(a)(2) of 
     section 5, United States Code; and
       ``(C) is employed in a position in a sensitive security 
     environment, as defined in section 5349A(a) of title 5, 
     United States Code.
       ``(2) Wage required in sensitive security environments.--In 
     lieu of any rate prescribed under subsection (a), (b), or 
     (e), any employer shall pay a covered employee a wage rate 
     that is not less than the rate of basic pay for grade 2, 
     level 1 of the WS wage schedule in effect for the local wage 
     area of the duty station of the employee.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect beginning on the date that is 1 year after 
     the date of enactment of this Act.
       (c) Federal Contractor Requirement.--By not later than 1 
     year after the date of enactment of this Act, the Federal 
     Acquisition Regulatory Council shall amend the Federal 
     Acquisition Regulation to require that all Federal contracts 
     for the provision of property or services include a 
     requirement that the contractor comply with the requirements 
     of section 6(h) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(h)).
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