I

106TH CONGRESS

1ST SESSION H. R. 1770

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

MAY 12, 1999

Mr. CUMMINGS (for himself, Mr. DAVIS of Virginia, and Mrs. MORELLA) 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 s the ‘‘Federal Employees’

4 Overtime Pay Limitation Amendments Act of 1999’’.

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

6 amended—

7 (1) in section 5542(a)—

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

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

2 rate which exceeds the minimum rate of basic pay

3 for GS–10 (including any applicable locality-based

4 comparability payment under section 5304 or similar

5 provision of law and any applicable special rate of

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

7 the overtime hourly rate of pay is an amount equal

8 to the greater of—

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

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

11 any applicable locality-based comparability pay12 ment under section 5304 or similar provision of

13 law and any applicable special rate of pay under

14 section 5305 or similar provision of law); or

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

16 employee, and all that amount is premium

17 pay.’’; and

18 (B) by repealing paragraph (4); and

19 (2) in section 5547—

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

21 follows:

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

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

24 and (b) only to the extent that the payment does not cause
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1 the aggregate rate of pay for any pay period for such em2 ployee to exceed the lesser of—

3 ‘‘(1) 150 percent of the minimum rate of basic

4 pay payable for GS–15 (including any applicable lo5 cality-based comparability payment under section

6 5304 or similar provision of law and any applicable

7 special rate of pay under section 5305 or similar

8 provision of law); or

9 ‘‘(2) the rate payable for level V of the Execu10 tive Schedule.’’;

11 (B) by amending subsection (b)(2) to read

12 as follows:

13 ‘‘(2) Notwithstanding paragraph (1), no em14 ployee referred to in such paragraph may be paid

15 premium pay under the provisions of law cited in the

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

17 that, the aggregate of the basic pay and premium

18 pay under those provisions for such employee would,

19 in any calendar year, exceed the lesser of—

20 ‘‘(A) 150 percent of the minimum rate of

21 basic pay payable for GS–15 in effect at the

22 end of such calendar year (including any appli23 cable locality-based comparability payment

24 under section 5304 or similar provision of law
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1 and any applicable special rate of pay under

2 section 5305 or similar provision of law); or

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

4 Executive Schedule in effect at the end of such

5 calendar year.’’; and

6 (C) by amending subsection (c) to read as

7 follows:

8 ‘‘(c) This section shall not apply to any employee of

9 the Federal Aviation Administration or the Department

10 of Defense who is paid premium pay under section 5546a

11 of this title.’’.

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

13 take effect on the first day of the first pay period begin14 ning on or after 180 days following the date of enactment

15 of this Act.

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