II

103D CONGRESS

2D SESSION S. 2091

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

MAY 10 (legislative day, MAY 2), 1994

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 1994’’.

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 (a) APPLICATION OF FAIR LABOR STANDARDS ACT

7 OF 1938.—Section 5542(c) of title 5, United States Code,

8 is amended to read as follows:

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

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

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

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

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

14 U.S.C. 207(k)), overtime shall be determined in accord15 ance with the provisions of subsection (d). In the case of

16 all other employees who would, were it not for the preced17 ing sentences, be subject to the provisions of subsection

18 (a), the Office of Personnel Management shall by regula19 tion prescribe what hours shall be deemed to be hours of

20 work and what hours of work shall be deemed to be over21 time hours for the purpose of such section 7 so as to en22 sure than no employee receives less pay by reason of the

23 preceding sentence.’’.
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1 (b) APPLICATION TO FIREFIGHTERS.—Section 5542

2 of title 5, United States Code, is amended by adding at

3 the end thereof the following new subsection:

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

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

6 (29 U.S.C. 207(k)), for full-time, part-time, and intermit7 tent tours of duty, hours ordered or approved which in

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

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

10 of basic pay of such employee as determined under sub11 section (b)(2). Payments calculated under this subsection

12 for hours in excess of 106 in the regularly scheduled bi13 weekly tour of duty shall be considered to be part of basic

14 pay for purposes of retirement under chapter 83 or 84,

15 as applicable, life insurance under chapter 87, and for

16 such other purposes as may be expressly provided for by

17 law or as the Office of Personnel Management may by

18 regulation prescribe.’’.

19 (c) LIMITATION ON PAYMENT OF OTHER PREMIUM

20 PAY.—Section 5545(c) of title 5, United States Code, is

21 amended by adding a new sentence at the end thereof to

22 read as follows:

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

24 applicable to employees who are subject to the provisions

25 of section 7(k) of the Fair Labor Standards Act of 1938
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1 (29 U.S.C. 207(k)) and the overtime calculations provided

2 for under subsection (d).’’.

3 SEC. 5. MINIMUM PAY RATE FOR FIREFIGHTER PROMOTED

4 TO SUPERVISORY POSITION.

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

6 States Code, is amended—

7 (1) by redesignating section 5385 as section

8 5386; and

9 (2) by inserting after section 5384 the following

10 new section:

11 ‘‘§ 5385. Minimum pay rate for firefighter promoted

12 to supervisory position

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

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

15 defined under section 5102(1);

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

17 is defined under section 5102(2); and

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

19 is defined under sections 8331 and 8401.

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

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

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

23 rate of pay based on basic pay and regularly scheduled

24 overtime pay received by such employee in the calendar

25 year immediately preceding the promotion.
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1 ‘‘(2) Paragraph (1) applies to an employee who—

2 ‘‘(A) is in a position as a firefighter;

3 ‘‘(B) is promoted to a supervisory position as a

4 firefighter; and

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

6 provisions of section 7(k) of the Fair Labor Stand7 ards Act of 1938 (29 U.S.C. 207(k)).’’.

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

9 The table of sections for chapter 53 of title 5, United

10 States Code, is amended by striking out the item relating

11 to section 5385 and inserting in lieu thereof the following:

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

‘‘5386. Regulations.’’.

12 SEC. 6. TRAINING.

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

14 amended by adding at the end thereof the following new

15 subsection:

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

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

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

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

20 such employee and overtime which is normally paid for

21 the regularly scheduled tour of duty of such employee.’’.
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1 SEC. 7. TECHNICIAN BONUSES.

2 (a) IN GENERAL.—Chapter 45 of title 5, United

3 States Code, is amended by adding at the end thereof the

4 following new subchapter:

5 ‘‘SUBCHAPTER IV—AWARD TO FIREFIGHTERS

6 FOR SPECIAL SKILLS AND CERTIFICATIONS

7 ‘‘§ 4531. Definitions

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

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

10 term is defined under sections 8331 and 8401; and

11 ‘‘(2) ‘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 ‘‘§ 4532. Award authority

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

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

18 who performs firefighting duties, employed in or under

19 such agency who possesses and makes substantial use of

20 special skills or certifications, including handling hazard21 ous materials or certification as an emergency medical

22 technician.

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

24 regulations prescribed by the head of the agency involved

25 or pursuant to negotiations as the case may be. Such regu26 lations or collective bargaining provisions shall include—
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1 ‘‘(1) procedures under which such special skills

2 or certifications shall be ascertained;

3 ‘‘(2) criteria for determining the amount paid

4 to individuals for recognition under this section; and

5 ‘‘(3) any other provisions which may be nec6 essary to carry out the purposes of this sub7 chapter.’’.

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—

9 The table of sections for chapter 45 of title 5, United

10 States Code, is amended by adding at the end thereof the

11 following:

‘‘SUBCHAPTER IV—AWARD TO FIREFIGHTERS FOR SPECIAL

SKILLS AND CERTIFICATIONS

‘‘4531. Definitions.

‘‘4532. Award authority.’’.

12 SEC. 8. EFFECTIVE DATES.

13 The provisions of this Act shall become effective as

14 follows:

15 (1) Sections 3, 4, and 5 shall be effective begin16 ning with the applicable first pay period which be17 gins on or after 60 days after the date of the enact18 ment of this Act.

19 (2) Section 6 shall take effective 60 days after

20 the date of the enactment of this Act.

21 (3) Section 7 shall take effect on October 1,

22 1994.

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