II

104TH CONGRESS

1ST SESSION S. 47

To amend certain provisions of title 5, United States Code, in order to

ensure equality between Federal firefighters and other employees in the

civil service and other public sector firefighters, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. SARBANES introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To amend certain provisions of title 5, United States Code,

in order to ensure equality between Federal firefighters

and other employees in the civil service and other public

sector firefighters, 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 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Firefighters Pay Fair5 ness Act of 1995’’.

6 SEC. 2. PURPOSES.

7 The purposes of this Act are to—
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1 (1) improve pay equality between Federal fire2 fighters and municipal and other public sector fire3 fighters;

4 (2) enhance recruitment and retention of fire5 fighters in order to maintain the highest quality

6 Federal fire service; and

7 (3) encourage Federal firefighters to pursue

8 career advancement and training opportunities.

9 SEC. 3. BIWEEKLY PAY PERIODS; COMPUTATION OF PAY.

10 Section 5504 of title 5, United States Code, is

11 amended—

12 (1) by amending subsection (a) to read as fol13 lows:

14 ‘‘(a) The pay period for an employee covers 2 admin15 istrative workweeks. For the purpose of this section, the

16 term—

17 ‘‘(1) ‘employee’ means—

18 ‘‘(A) an employee in or under an executive

19 agency;

20 ‘‘(B) an employee in or under the judicial

21 branch;

22 ‘‘(C) an employee in or under the Office of

23 the Architect of the Capitol, the Botanic Gar24 den, and the Library of Congress, for whom a
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1 basic administrative workweek is established

2 under section 6101(a)(5); and

3 ‘‘(D) an individual employed by the gov4 ernment of the District of Columbia;

5 but does not include an employee or individual ex6 cluded from the definition of an employee in section

7 5541(2) other than an employee or individual ex8 cluded by section 5541(2)(xvi);

9 ‘‘(2) ‘firefighter’ has the same meaning as such

10 term is defined under sections 8331 and 8401; and

11 ‘‘(3) ‘firefighting duties’ means those duties

12 usually performed by a firefighter in responding to

13 or engaging in the control and extinguishment of a

14 fire.’’;

15 (2) in subsection (b) in the first sentence by in16 serting ‘‘(except as provided under subsection (c))’’

17 after ‘‘in the case of an employee’’;

18 (3) by redesignating subsection (c) as sub19 section (d); and

20 (4) by inserting after subsection (b) the follow21 ing subsection:

22 ‘‘(c)(1) For pay computation purposes affecting a

23 firefighter, the annual rate of basic pay established by or

24 under statute is deemed the annual basic pay to be used

25 in calculating payment for employment during 26 adminis-
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1 trative biweekly work periods of up to 106 hours each.

2 When it is necessary for computation of pay under this

3 subsection to convert an annual rate of basic pay to a

4 basic hourly, daily, or biweekly rate, the following rules

5 govern:

6 ‘‘(A) To derive an hourly rate, divide the an7 nual rate by 2,087.

8 ‘‘(B) To derive a daily rate, multiply the hourly

9 rate by the number of hours in the regularly sched10 uled daily tour of duty.

11 ‘‘(C) To derive a biweekly rate, multiply the

12 hourly rate by the total number of hours not to ex13 ceed 106 hours, in the regularly scheduled tours of

14 duty during the biweekly period.

15 Rates are computed to the nearest cent, counting one-half

16 and over as a whole cent.

17 ‘‘(2) Notwithstanding the provisions of paragraph

18 (1), for pay computation purposes affecting an employee

19 who is not a firefighter but who performs firefighting du20 ties during a biweekly pay period, the biweekly pay for

21 that period shall be the greater of pay calculated under—

22 ‘‘(A) subsection (b) of this section and sections

23 5542(a), 5545, and 5546, using the employee’s an24 nual rate of basic pay; or
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1 ‘‘(B) paragraph (1) and section 5542(d), using

2 the employee’s annual rate of basic pay.

3 Rates are computed to the nearest cent, counting one-half

4 and over as a whole cent.’’.

5 SEC. 4. OVERTIME.

6 (d) OVERTIME.—

7 (1) APPLICATION OF FAIR LABOR STANDARDS

8 ACT OF 1938.—Section 5542(c) of title 5, United

9 States Code, is amended to read as follows:

10 ‘‘(c) Subsection (a) shall not apply to an employee

11 who is subject to the overtime provisions of section 7 of

12 the Fair Labor Standards Act of 1938 (29 U.S.C. 207).

13 In the case of a firefighter subject to the provisions of

14 section 7(k) of the Fair Labor Standards Act of 1938 (29

15 U.S.C. 207(k)), overtime shall be determined in accord16 ance with the provisions of subsection (d). In the case of

17 all other employees who would, were it not for the preced18 ing sentences, be subject to the provisions of subsection

19 (a), the Office of Personnel Management shall by regula20 tion prescribe what hours shall be deemed to be hours of

21 work and what hours of work shall be deemed to be over22 time hours for the purpose of such section 7 so as to en23 sure than no employee receives less pay by reason of the

24 preceding sentence.’’.
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1 (2) APPLICATION TO FIREFIGHTERS.—Section

2 5542 of title 5, United States Code, is amended by

3 adding at the end thereof the following new sub4 section:

5 ‘‘(d) Firefighters who are subject to the provisions

6 of section 7(k) of the Fair Labor Standards Act of 1938

7 (29 U.S.C. 207(k)), for full-time, part-time, and intermit8 tent tours of duty, hours ordered or approved which in

9 the aggregate exceed 106 hours in a biweekly period, shall

10 be compensated at one and one-half times the hourly rate

11 of basic pay of such employee as determined under sub12 section (b)(2). Firefighters under this subsection shall be

13 subject to the same overtime pay limitations as an em14 ployee under subsection (a)(4).’’.

15 (3) LIMITATION ON PAYMENT OF OTHER PRE16 MIUM PAY.—Section 5545(c) of title 5, United

17 States Code, is amended by adding a new sentence

18 at the end thereof to read as follows:

19 ‘‘Paragraphs (1) and (2) of this subsection shall not be

20 applicable to employees who are subject to the provisions

21 of section 7(k) of the Fair Labor Standards Act of 1938

22 (29 U.S.C. 207(k)) and the overtime calculations provided

23 for under section 5542(d).’’.
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1 SEC. 5. MINIMUM PAY RATE FOR FIREFIGHTER PROMOTED

2 TO SUPERVISORY POSITION.

3 (1) IN GENERAL.—Chapter 53 of title 5, United

4 States Code, is amended—

5 (A) by redesignating section 5385 as sec6 tion 5386; and

7 (B) by inserting after section 5384 the fol8 lowing new section:

9 ‘‘§ 5385. Minimum pay rate for firefighter promoted

10 to supervisory position

11 ‘‘(a) For purposes of this section, the term—

12 ‘‘(1) ‘agency’ has the meaning as such term is

13 defined under section 5102(1);

14 ‘‘(2) ‘employee’ has the meaning as such term

15 is defined under section 5102(2); and

16 ‘‘(3) ‘firefighter’ has the meaning as such term

17 is defined under sections 8331 and 8401.

18 ‘‘(b)(1) The position to which an employee described

19 under paragraph (2) is promoted shall be paid at a basic

20 rate of pay equal to or greater than the annual aggregate

21 rate of pay based on basic pay and regularly scheduled

22 overtime pay received by such employee in the calendar

23 year immediately preceding the promotion.

24 ‘‘(2) Paragraph (1) applies to an employee who—

25 ‘‘(A) is in a position as a firefighter;
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1 ‘‘(B) is promoted to a supervisory position as a

2 firefighter; and

3 ‘‘(C) after such promotion, is not subject to the

4 provisions of section 7(k) of the Fair Labor Stand5 ards Act of 1938 (29 U.S.C. 207(k)).’’.

6 (2) TECHNICAL AND CONFORMING AMEND7 MENTS.—The table of sections for chapter 53 of title

8 5, United States Code, is amended by striking out

9 the item relating to section 5385 and inserting in

10 lieu thereof the following:

‘‘5385. Minimum pay rate for firefighter promoted to supervisory position.

‘‘5386. Regulations.’’.

11 SEC. 6. TRAINING.

12 Section 4109 of title 5, United States Code, is

13 amended by adding at the end thereof the following new

14 subsection:

15 ‘‘(d) Notwithstanding subsection (a)(1), a firefighter,

16 as defined under sections 8331 and 8401, who is selected

17 and assigned for training under this chapter, shall be paid

18 during the period of training at the rate of basic pay of

19 such employee and overtime which is normally paid for

20 the regularly scheduled tour of duty of such employee.’’.

21 SEC. 7. TECHNICIAN BONUSES.

22 (1) IN GENERAL.—Chapter 45 of title 5, United

23 States Code, is amended by adding at the end there24 of the following new subchapter:
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1 ‘‘SUBCHAPTER IV—AWARD TO FIREFIGHTERS

2 FOR SPECIAL SKILLS AND CERTIFICATIONS

3 ‘‘§ 4531. Definitions

4 ‘‘For the purpose of this subchapter, the term—

5 ‘‘(1) ‘firefighter’ has the same meaning as such

6 term is defined under sections 8331 and 8401; and

7 ‘‘(2) ‘firefighting duties’ means those duties

8 usually performed by a firefighter in responding to

9 or engaging in the control and extinguishment of a

10 fire.

11 ‘‘§ 4532. Award authority

12 ‘‘(a) An agency may pay a cash award of up to 5

13 percent of basic pay, to a firefighter or other employee

14 who performs firefighting duties, employed in or under

15 such agency who possesses and makes substantial use of

16 special skills or certifications, including handling hazard17 ous materials or certification as an emergency medical

18 technician.

19 ‘‘(b) Awards under this section shall be paid under

20 regulations prescribed by the head of the agency involved

21 or pursuant to negotiations as the case may be. Such regu22 lations or collective bargaining provisions shall include—

23 ‘‘(1) procedures under which such special skills

24 or certifications shall be ascertained;
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1 ‘‘(2) criteria for determining the amount paid

2 to individuals for recognition under this section; and

3 ‘‘(3) any other provisions which may be nec4 essary to carry out the purposes of this sub5 chapter.’’.

6 (2) TECHNICAL AND CONFORMING AMEND7 MENT.—The table of sections for chapter 45 of title

8 5, United States Code, is amended by adding at the

9 end thereof the following:

‘‘SUBCHAPTER IV—AWARD TO FIREFIGHTERS FOR SPECIAL

SKILLS AND CERTIFICATIONS

‘‘4531. Definitions.

‘‘4532. Award authority.’’.

10 SEC. 8. IMPLEMENTATION.

11 (1) IN GENERAL.—Effective on the date of the

12 enactment of this Act, the Office of Personnel Man13 agement and the Office of Management and Budget

14 shall take such actions as necessary (including the

15 promulgation of regulations) to provide for the or16 derly implementation of this section. Regulations

17 promulgated under this paragraph shall take effect

18 on October 1, 1995.

19 (2) COMPUTATION OF PAY; OVERTIME.—(A)

20 Notwithstanding the amendments made by sub21 sections (c) and (d) of this section, a firefighter shall

22 be paid in accordance with such amendments, except

23 that such firefighter shall be paid the percentage de-
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1 scribed under subparagraph (B) of the amount he

2 would otherwise be paid under such amendments if

3 not for this paragraph, for each of fiscal years 1996,

4 1997, 1998, 1999, and 2000.

5 (B) The percentage referred to under subpara6 graph (A) shall be—

7 (i) 85 percent during fiscal year 1996;

8 (ii) 85 percent during fiscal year 1997;

9 (iii) 90 percent during fiscal year 1998;

10 (iv) 95 percent during fiscal year 1999;

11 and

12 (v) 100 percent during fiscal year 2000,

13 and each fiscal year thereafter.

14 (3) REPORT TO CONGRESS.—No later than

15 June 1, 1995, the Office of Personnel Management

16 shall submit a report to the Congress on—

17 (A) plans to implement the provisions of

18 this section;

19 (B) plans for funding increases in pay by

20 affected Federal departments and agencies as a

21 result of the enactment of the provisions of this

22 section; and

23 (C) the need and feasibility of making reg24 ulatory or legislative modifications in the ad25 ministration of chapters 83 and 84 of title 5,
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1 United States Code, to ensure no diminution of

2 Federal retirement benefits for any firefighter

3 who separates from service by reason of retire4 ment during the implementation of the provi5 sions of this section during fiscal years 1996

6 through 2000.

7 SEC. 9. EFFECTIVE DATES.

8 (1) COMPUTATION OF PAY; OVERTIME; SUPER9 VISORY RATES.—Subsections (c), (d), and (e) of this

10 section shall be effective beginning on the first day

11 of the first applicable pay period beginning on or

12 after October 1, 1995.

13 (2) TRAINING AND BONUSES.—Subsections (f)

14 and (g) shall take effect on October 1, 1995.

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