I

106TH CONGRESS

2D SESSION H. R. 5333

To amend title 5, United States Code, to revise the overtime pay limitation

for Federal employees, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 2000

Mr. CUMMINGS introduced the following bill; which was referred to the

Committee on Government Reform

A BILL

To amend title 5, United States Code, to revise the overtime

pay limitation for Federal employees, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the ‘‘Federal Employees’

4 Overtime Pay Limitation Amendments Act of 2000’’.

5 SEC. 2. (a) Title 5, United States Code is amended—

6 (1) in section 5542(a)—

7 (A) by amending paragraph (2) to read as

8 follows:

9 ‘‘(2) For an employee whose basic pay is at a

10 rate which exceeds the minimum rate of basic pay
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1 for GS–10 (including any applicable locality-based

2 comparability payment under section 5304 or similar

3 provision of law and any applicable special rate of

4 pay under section 5305 or similar provision of law),

5 the overtime hourly rate of pay is an amount equal

6 to the greater of—

7 ‘‘(A) one and one-half times the minimum

8 hourly rate of basic pay for GS–10 (including

9 any applicable locality-based comparability pay10 ment under section 5304 or similar provision of

11 law and any applicable special rate of pay under

12 section 5305 or similar provision of law); or

13 ‘‘(B) the hourly rate of basic pay of the

14 employee (including any applicable locality15 based comparability payment under section

16 5304 or similar provision of law and any appli17 cable special rate of pay under section 5305 or

18 similar provision of law),

19 and all that amount is premium pay,’’; and

20 (B) by amending paragraph (4) to read as

21 follows:

22 ‘‘(4) Notwithstanding paragraphs (1) and (2),

23 for any pay period during which an employee is en24 gaged in work in connection with an emergency (in25 cluding a wildfire emergency) that involves a direct
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1 threat to life or property, including work performed

2 in the aftermath of such an emergency, the overtime

3 hourly rate of pay is an amount equal to one and

4 one-half times the hourly rate of basic pay of the

5 employee, except that such overtime hourly rate of

6 pay may not exceed the greater of—

7 ‘‘(A) one and one-half times the minimum

8 hourly rate of basic pay for GS–12 (including

9 any applicable locality-based comparability pay10 ment under section 5304 or similar provision of

11 law but excluding any applicable special rate of

12 pay under section 5305 or similar provision of

13 law); or

14 ‘‘(B) the hourly rate of basic pay of the

15 employee (including any applicable locality16 based comparability payment under section

17 5304 or similar provision of law and any appli18 cable special rate of pay under section 5305 or

19 similar provision of law),

20 and all that amount is premium pay. A determina21 tion as to the existence and duration of such an

22 emergency and its aftermath, and whether work is

23 connected to it, shall be made at the discretion of

24 the head of the agency (or his or her designee) in
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1 consultation with the Director of the Office of Man2 agement and Budget.’’; and

3 (2) in section 5547—

4 (A) by amending subsection (a) to read as

5 follows:

6 ‘‘(a) An employee may be paid premium pay under

7 sections 5542, 5545 (a), (b), and (c), 5545a, and 5546

8 (a) and (b) only to the extent that the payment does not

9 cause the aggregate of basic pay and such premium pay

10 for any pay period for such employee to exceed the greater

11 of—

12 ‘‘(1) the maximum rate of basic pay payable for

13 GS–15 (including any applicable locality-based com14 parability payment under section 5304 or similar

15 provision of law and any applicable special rate of

16 pay under section 5305 or similar provision of law);

17 or

18 ‘‘(2) the rate payable for level V of the Execu19 tive Schedule.’’;

20 (B) by amending subsection (b)(1) to read:

21 ‘‘(1) Subject to regulations prescribed by the

22 Office of Personnel Management, the first sentence

23 of subsection (a) shall not apply to an employee who

24 is paid premium pay by reason of work in connection
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1 with an emergency as specified under section

2 5542(a)(4).’’;

3 (C) by amending subsection (b)(2) to read

4 as follows:

5 ‘‘(2) Notwithstanding paragraph (1), no em6 ployee referred to in such paragraph may be paid

7 premium pay under the provisions of law cited in the

8 first sentence of subsection (a) if, or to the extent

9 that, the aggregate of the basic pay and premium

10 pay under those provisions for such employee would,

11 in any calendar year, exceed the greater of—

12 ‘‘(A) the maximum rate of basic pay pay13 able for GS–15 in effect at the end of such cal14 endar year (including any applicable locality15 based comparability payment under section

16 5304 or similar provision of law and any appli17 cable special rate of pay under section 5305 or

18 similar provision of law); or

19 ‘‘(B) the rate payable for level V of the

20 Executive Schedule in effect at the end of such

21 calendar year.’’;

22 (D) by amending subsection (c) to read as

23 follows:

24 ‘‘(c) The Office of Personnel Management may pre25 scribe regulations governing the applicability of subsection
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1 (b) to employees who are in receipt of annual premium

2 pay for standby duty or administratively uncontrollable

3 overtime work under section 5545(c) or availability pay

4 for criminal investigators under section 5545a.’’, and

5 (E) by adding at the end:

6 ‘‘(d) This section shall not apply to any employee of

7 the Federal Aviation Administration or the Department

8 of Defense who is paid premium pay under section

9 5546a.’’,

10 (b) The amendments made by subsection (a) shall

11 take effect on the first day of the first pay period begin12 ning on or after 120 days following the date of enactment

13 of this Act.

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