I

104TH CONGRESS

1ST SESSION H. R. 858

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 HOUSE OF REPRESENTATIVES

FEBRUARY 8, 1995

Mr. HOYER (for himself, Mrs. MORELLA, Mr. BOEHLERT, Mr. FILNER, Mr.

MORAN, Mr. WYNN, Mr. FAZIO of California, Mr. GILMAN, Mr.

CUNNINGHAM, Mr. HUNTER, Mr. LANTOS, and Mr. LEWIS of California)

introduced the following bill; which was referred to the Committee on

Government Reform and Oversight

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—
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1 (1) to improve pay equality between Federal

2 firefighters, other Federal employees, and municipal

3 and other public sector firefighters;

4 (2) to enhance recruitment and retention of

5 firefighters in order to maintain the highest quality

6 Federal fire service; and

7 (3) to encourage Federal firefighters to pursue

8 career advancement and training opportunities.

9 SEC. 3. COMPUTATION OF PAY.

10 (a) COMPUTATION OF PAY.—

11 (1) IN GENERAL.—Section 5504 of title 5,

12 United States Code, is amended by redesignating

13 subsection (c) as subsection (d) and by inserting

14 after subsection (b) the following:

15 ‘‘(c)(1) When, in the case of a firefighter, it is nec16 essary for computation of pay under this subsection to

17 convert an annual rate of basic pay to a basic hourly,

18 daily, or biweekly rate, the rules set forth in subpara19 graphs (A) through (D) shall govern:

20 ‘‘(A) To derive an hourly rate, divide the an21 nual rate by 2,087.

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

23 rate by the number of hours in the regularly sched24 uled daily tour of duty.
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1 ‘‘(C) To derive a biweekly rate, multiply the

2 hourly rate by the number of hours in the regularly

3 scheduled biweekly tour of duty or 106, whichever is

4 less.

5 ‘‘(D) The annual rate of basic pay used in car6 rying out the preceding provisions of this para7 graph—

8 ‘‘(i) shall be the annual rate determined in

9 accordance with otherwise applicable provisions

10 of law (applied as if the Firefighters Pay Fair11 ness Act of 1995 had never been enacted); and

12 ‘‘(ii) shall not exclude any amount consid13 ered to be part of basic pay for any purpose

14 under chapter 83 or 84.

15 ‘‘(E) To derive an annual rate for any purpose

16 referred to in the next sentence, multiply the bi17 weekly rate by 26. An annual rate determined under

18 this subparagraph shall for all purposes (except the

19 preceding provisions of this paragraph or as other20 wise expressly provided by law), be considered to be

21 the annual rate of basic pay for the firefighter in22 volved.

23 ‘‘(F) Except as provided in section 5542(e), the

24 provisions of sections 5542(a), 5545, 5546, and

25 5547 shall not apply in the case of a firefighter, and
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1 pay computed under this paragraph shall be in lieu

2 of—

3 ‘‘(i) any amount which might otherwise be

4 payable under any of those provisions;

5 ‘‘(ii) any amount required to be taken into

6 account under subparagraph (D); and

7 ‘‘(iii) any other similar amount, as identi8 fied by the Office of Personnel Management in

9 regulations.

10 ‘‘(G) For provisions relating to computation of

11 overtime, see section 5542(e).

12 ‘‘(2) Notwithstanding any other provision of law, in

13 the case of an employee who is not a firefighter (nor an

14 employee described in subsection (d)(4)), but whose posi15 tion requires such employee to perform firefighting duties,

16 the pay of such employee for any biweekly pay period dur17 ing which such employee is required to perform firefight18 ing duties shall be determined—

19 ‘‘(A) in accordance with otherwise applicable

20 provisions of law, but disregarding paragraph (1), or

21 ‘‘(B) in accordance with paragraph (1) (includ22 ing the provisions referred to in paragraph (1)(G)),

23 whichever results in the greater total amount.

24 ‘‘(3) Rates under this subsection are computed to the

25 nearest cent, counting one-half and over as a whole cent.’’.
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1 (2) CONFORMING AMENDMENT.—Section

2 5504(b) of title 5, United States Code, is amended

3 in the first sentence by striking ‘‘in the case of an

4 employee,’’ and inserting ‘‘in the case of an em5 ployee (other than a firefighter),’’.

6 (b) DEFINITIONS.—

7 (1) IN GENERAL.—Section 5504 of title 5,

8 United States Code, is amended by redesignating

9 subsection (d) (as so designated by subsection

10 (a)(1)) as subsection (e) and by inserting before

11 such subsection the following:

12 ‘‘(d) For the purpose of this section—

13 ‘‘(1) the term ‘employee’ means—

14 ‘‘(A) an employee in or under an Executive

15 agency;

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

17 branch; and

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

19 the Architect of the Capitol, the Botanic Gar20 den, and the Library of Congress, for whom a

21 basic administrative workweek is established

22 under section 6101(a)(5);

23 but does not include an employee or individual ex24 cluded from the definition of employee in section
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1 5541(2) other than an employee or individual ex2 cluded by section 5541(2)(xvi);

3 ‘‘(2) the term ‘firefighter’ means an employee

4 who is a firefighter within the meaning of section

5 8331(21) or 8401(14), but does not include an em6 ployee described in paragraph (4);

7 ‘‘(3) the term ‘firefighting duties’ means duties

8 usually performed by a firefighter in responding to

9 or engaging in the control and extinguishment or the

10 prevention of a fire; and

11 ‘‘(4) this paragraph relates to any employee

12 who—

13 ‘‘(A) would satisfy the definition of a fire14 fighter under paragraph (2), but for the exclu15 sion thereunder; and

16 ‘‘(B) has a basic administrative workweek

17 of not more than 40 hours.’’.

18 (2) CONFORMING AMENDMENTS.—Section 5504

19 of title 5, United States Code, is amended by strik20 ing the last sentence in each of subsections (a) and

21 (b) thereof.

22 SEC. 4. OVERTIME.

23 Section 5542 of title 5, United States Code, is

24 amended by adding at the end the following:
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1 ‘‘(e)(1) For the purpose of this subsection, the term

2 ‘firefighter’ has the meaning given such term by section

3 5504(d)(2).

4 ‘‘(2) In the case of a firefighter, for full-time, part5 time, and intermittent tours of duty, hours of work offi6 cially ordered or approved in excess of 106 hours in a bi7 weekly pay period performed by such firefighter are over8 time work and shall be paid for in accordance with sub9 sections (a) (disregarding the matter in subsection (a) be10 fore paragraph (1) thereof).

11 ‘‘(3) For purposes of applying the provisions of sec12 tion 7(k) of the Fair Labor Standards Act of 1938 with

13 respect to a firefighter, no violation referred to in such

14 provisions shall be considered to have occurred if the re15 quirements of paragraph (2) are met.’’.

16 SEC. 5. MINIMUM PAY RATE UPON PROMOTION TO A SU17 PERVISORY POSITION; PAY RETENTION.

18 (a) MINIMUM PAY RATE UPON PROMOTION TO A SU19 PERVISORY POSITION.—Section 5334 of title 5, United

20 States Code, is amended by adding at the end the follow21 ing:

22 ‘‘(g)(1) For the purpose of this subsection—

23 ‘‘(A) the term ‘firefighter’ has the meaning

24 given such term by section 5504(d)(2); and
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1 ‘‘(B) the term ‘required minimum rate’, as used

2 with respect to a firefighter who receives a pro3 motion, means—

4 ‘‘(i) the total amount of basic pay and

5 overtime pay paid or payable to that individual

6 for service performed as a firefighter during the

7 12-month period ending on the last day of the

8 second month ending before the date of the pro9 motion (expressed as a single annual rate); or

10 ‘‘(ii) in the case of a firefighter whose pro11 motion occurs in the first fiscal year during

12 which this subsection is in effect, the total

13 amount of basic pay and overtime pay (ex14 pressed as a single annual rate) which would

15 have been payable to that individual for service

16 performed as a firefighter during the period de17 scribed in clause (i), computed—

18 ‘‘(I) as if the amendments made by

19 sections 3 and 4 of the Firefighters Pay

20 Fairness Act of 1995 had been in effect

21 throughout such period; and

22 ‘‘(II) applying section 8(b) of such

23 Act (using the percentage specified in

24 paragraph (2)(A) thereof).
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1 ‘‘(2) A firefighter who is promoted to a supervisory

2 position in a higher grade, and in which the individual con3 tinues to be a firefighter, is entitled to basic pay at not

4 less than—

5 ‘‘(A) the lowest rate of the higher grade which

6 is at least equal to such individual’s required mini7 mum rate; or

8 ‘‘(B) if there is no rate in the higher grade that

9 satisfies subparagraph (A), a rate equal to such in10 dividual’s required minimum rate.

11 ‘‘(3) The regulations under section 5338 shall include

12 such provisions as may be necessary to carry out the pur13 poses of this subsection in the case of a firefighter who,

14 at the time of promotion, is receiving basic pay at a rate

15 saved to such firefighter under subchapter VI.’’.

16 (b) PAY RETENTION.—Section 5363(a) of title 5,

17 United States Code, is amended by striking ‘‘or’’ at the

18 end of paragraph (3), by inserting ‘‘or’’ after the semi19 colon in paragraph (4), and by adding after paragraph (4)

20 the following:

21 ‘‘(5) who is subject to a reduction or termi22 nation of a rate of pay established under section

23 5504(c)(1);’’.
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1 SEC. 6. TRAINING.

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

3 amended by adding at the end the following:

4 ‘‘(d)(1) For the purpose of this subsection, the term

5 ‘firefighter’ means any firefighter within the meaning of

6 section 5504(d)(2) and any employee described in section

7 5504(d)(4).

8 ‘‘(2) Notwithstanding subsection (a)(1), a firefighter

9 who is selected and assigned for training under this chap10 ter shall be paid, for the period of training, at the rate

11 of basic pay and overtime pay normally paid for the regu12 larly scheduled tour of duty of such firefighter.’’.

13 SEC. 7. TECHNICIAN BONUSES.

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

15 States Code, is amended by adding at the end the follow16 ing:

17 ‘‘SUBCHAPTER IV—AWARDS TO FIREFIGHTERS

18 FOR SPECIAL SKILLS AND CERTIFICATIONS

19 ‘‘§ 4531. Definitions

20 ‘‘For the purpose of this subchapter—

21 ‘‘(1) the term ‘firefighter’ has the meaning

22 given such term by section 4109(d)(1); and

23 ‘‘(2) the term ‘firefighting duties’ has the

24 meaning given such term by section 5504.
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1 ‘‘§ 4532. Award authority

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

3 percent of basic pay to a firefighter or other employee who

4 performs firefighting duties, if such employee—

5 ‘‘(1) is employed in or under such agency; and

6 ‘‘(2) makes substantial use of—

7 ‘‘(A) a special skill, such as handling haz8 ardous materials; or

9 ‘‘(B) a certification or license relating to

10 any firefighting duties, such as certification as

11 an emergency medical technician.

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

13 regulations prescribed by the head of the agency involved

14 or pursuant to the terms of any collective bargaining

15 agreement which satisfy the requirements of the next sen16 tence. Any such regulations or agreement shall include—

17 ‘‘(1) procedures under which any such special

18 skills, certification, or licensure shall be ascertained;

19 ‘‘(2) criteria for determining the amount of any

20 award under this subchapter; and

21 ‘‘(3) any other provisions which may be nec22 essary to carry out the purposes of this sub23 chapter.’’.

24 (b) CONFORMING AMENDMENT.—The table of sec25 tions for chapter 45 of title 5, United States Code, is

26 amended by adding at the end the following:
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‘‘SUBCHAPTER IV—AWARDS TO FIREFIGHTERS FOR SPECIAL SKILLS AND

CERTIFICATIONS

‘‘4531. Definitions.

‘‘4532. Award authority.’’.

1 SEC. 8. EFFECTIVE DATE; TRANSITION PROVISIONS; RE2 PORTING REQUIREMENT.

3 (a) EFFECTIVE DATE.—This Act shall take effect on

4 October 1, 1995, except that subsection (c) shall take ef5 fect on the date of the enactment of this Act.

6 (b) TRANSITION PROVISIONS.—

7 (1) IN GENERAL.—Except as provided in para8 graph (3), instead of the amount which (but for this

9 subsection) would otherwise be payable under any

10 amendment made by section 3(a) or 4, the amount

11 payable under such amendment shall be equal to—

12 (A) the amount which (but for this sub13 section) would otherwise be so payable, multi14 plied by

15 (B) the applicable percentage under para16 graph (2).

17 (2) APPLICABLE PERCENTAGES.—The applica18 ble percentage under this paragraph is—

19 (A) 85 percent if the amount relates to

20 service performed in fiscal year 1996 or 1997;

21 (B) 90 percent if the amount relates to

22 service performed in fiscal year 1998;
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1 (C) 95 percent if the amount relates to

2 service performed in fiscal year 1999; and

3 (D) 100 percent if the amount relates to

4 service performed in fiscal year 2000 or there5 after.

6 (3) COMPUTATIONS UNDER FORMER PROVI7 SIONS OF LAW NOT AFFECTED.—A computation

8 under subparagraph (A) of section 5504(c)(2) of

9 title 5, United States Code, as amended by section

10 3(a)(1), shall not be affected by this subsection.

11 (c) REPORTING REQUIREMENT.—No later than June

12 1, 1995, the Office of Personnel Management shall submit

13 a written report to the Congress on—

14 (1) plans relating to implementing the transi15 tion provisions of subsection (b);

16 (2) plans relating to funding increases in pay

17 resulting from the enactment of this Act; and

18 (3) the need for and feasibility of making any

19 regulatory or legislative modifications in the admin20 istration of chapters 83 and 84 of title 5, United

21 States Code, in order to ensure that no diminution

22 in retirement benefits occurs, by reason of the tran23 sition provisions of subsection (b), with respect to
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1 any firefighter who separates from service during

2 fiscal years 1996 through 2002.

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