S.Amdt. 693

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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