I
105TH CONGRESS
1ST SESSION
H. R. 1166
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
MARCH 20, 1997
Mr. HOYER (for himself, Mrs. MORELLA, Mr. BOEHLERT, Mr. FILNER, Mr.
WYNN, Mr. FAZIO of California, Mr. HUNTER, Mr. LANTOS, Mr. LEWIS
of California, Mr. DAVIS of Virginia, Mr. EHRLICH, Mr. SMITH of New
Jersey, Mr. MATSUI, Mr. CUNNINGHAM, Mr. LEACH, and Mr. GILMAN)
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Firefighters Pay Fair-
ness Act of 1997’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to improve pay equality between Federal
firefighters, other Federal employees, and municipal
and other public sector firefighters;
(2) to enhance recruitment and retention of
firefighters in order to maintain the highest quality
Federal fire service; and
(3) to encourage Federal firefighters to pursue
career advancement and training opportunities.
SEC. 3. COMPUTATION OF PAY.
(a) COMPUTATION OF PAY.—
(1) IN
GENERAL.—Section 5504 of title 5,
United States Code, is amended by redesignating
subsection (c) as subsection (d) and by inserting
after subsection (b) the following:
‘‘(c)(1) When, in the case of a firefighter, it is nec-
essary for computation of pay under this subsection to
convert an annual rate of basic pay to a basic hourly,
daily, or biweekly rate, the rules set forth in subpara-
graphs (A) through (D) shall govern:
‘‘(A) To derive an hourly rate, divide the an-
nual rate by 2,087.
‘‘(B) To derive a daily rate, multiply the hourly
rate by the number of hours in the regularly sched-
uled daily tour of duty.
‘‘(C) To derive a biweekly rate, multiply the
hourly rate by the number of hours in the regularly
scheduled biweekly tour of duty or 106, whichever is
less.
‘‘(D) The annual rate of basic pay used in car-
rying out the preceding provisions of this para-
graph—
‘‘(i) shall be the annual rate determined in
accordance with otherwise applicable provisions
of law (applied as if the Firefighters Pay Fair-
ness Act of 1997 had never been enacted); and
‘‘(ii) shall not exclude any amount consid-
ered to be part of basic pay for any purpose
under chapter 83 or 84.
‘‘(E) To derive an annual rate for any purpose
referred to in the next sentence, multiply the bi-
weekly rate by 26. An annual rate determined under
this subparagraph shall for all purposes (except the
preceding provisions of this paragraph or as other-
wise expressly provided by law), be considered to be
the annual rate of basic pay for the firefighter in-
volved.
‘‘(F) Except as provided in section 5542(e), the
provisions of sections 5542(a), 5545, 5546, and
5547 shall not apply in the case of a firefighter, and
(2) 
CONFORMING
AMENDMENT.—Section
5504(b) of title 5, United States Code, is amended
in the first sentence by striking ‘‘in the case of an
employee,’’ and inserting ‘‘in the case of an em-
ployee (other than a firefighter),’’.
(b) DEFINITIONS.—
(1) IN
GENERAL.—Section 5504 of title 5,
United States Code, is amended by redesignating
subsection (d) (as so designated by subsection
(a)(1)) as subsection (e) and by inserting before
such subsection the following:
‘‘(d) For the purpose of this section—
‘‘(1) the term ‘employee’ means—
‘‘(A) an employee in or under an Executive
agency;
‘‘(B) an employee in or under the judicial
branch; and
‘‘(C) an employee in or under the Office of
the Architect of the Capitol, the Botanic Gar-
den, and the Library of Congress, for whom a
basic administrative workweek is established
under section 6101(a)(5);
but does not include an employee or individual ex-
cluded from the definition of employee in section
5541(2) other than an employee or individual ex-
cluded by section 5541(2)(xvi);
‘‘(2) the term ‘firefighter’ means an employee
who is a firefighter within the meaning of section
8331(21) or 8401(14), but does not include an em-
ployee described in paragraph (4);
‘‘(3) the term ‘firefighting duties’ means duties
usually performed by a firefighter in responding to
or engaging in the control and extinguishment or the
prevention of a fire; and
‘‘(4) this paragraph relates to any employee
who—
‘‘(A) would satisfy the definition of a fire-
fighter under paragraph (2), but for the exclu-
sion thereunder; and
‘‘(B) has a basic administrative workweek
of not more than 40 hours.’’.
(2) CONFORMING AMENDMENTS.—Section 5504
of title 5, United States Code, is amended by strik-
ing the last sentence in each of subsections (a) and
(b) thereof.
SEC. 4. OVERTIME.
Section 5542 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(f)(1) For the purpose of this subsection, the term
‘firefighter’ has the meaning given such term by section
5504(d)(2).
‘‘(2) In the case of a firefighter, for full-time, part-
time, and intermittent tours of duty, hours of work offi-
cially ordered or approved in excess of 106 hours in a bi-
weekly pay period performed by such firefighter are over-
time work and shall be paid for in accordance with sub-
section (a) (disregarding the matter in subsection (a) be-
fore paragraph (1) thereof).
‘‘(3) For purposes of applying the provisions of sec-
tion 7(k) of the Fair Labor Standards Act of 1938 with
respect to a firefighter, no violation referred to in such
provisions shall be considered to have occurred if the re-
quirements of paragraph (2) are met.’’.
SEC. 5. MINIMUM PAY RATE UPON PROMOTION TO A SU-
PERVISORY POSITION; PAY RETENTION.
(a) MINIMUM PAY RATE UPON PROMOTION TO A SU-
PERVISORY POSITION.—Section 5334 of title 5, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(g)(1) For the purpose of this subsection—
‘‘(A) the term ‘firefighter’ has the meaning
given such term by section 5504(d)(2); and
‘‘(B) the term ‘required minimum rate’, as used
with respect to a firefighter who receives a pro-
motion, means—
‘‘(i) the total amount of basic pay and
overtime pay paid or payable to that individual
for service performed as a firefighter during the
12-month period ending on the last day of the
second month ending before the date of the pro-
motion (expressed as a single annual rate); or
‘‘(ii) in the case of a firefighter whose pro-
motion occurs in the first fiscal year during
which this subsection is in effect, the total
amount of basic pay and overtime pay (ex-
pressed as a single annual rate) which would
have been payable to that individual for service
performed as a firefighter during the period de-
scribed in clause (i), computed—
‘‘(I) as if the amendments made by
sections 3 and 4 of the Firefighters Pay
Fairness Act of 1997 had been in effect
throughout such period; and
‘‘(II) applying section 8(b) of such
Act (using the percentage specified in
paragraph (2)(A) thereof).
‘‘(2) A firefighter who is promoted to a supervisory
position in a higher grade, and in which the individual con-
tinues to be a firefighter, is entitled to basic pay at not
less than—
‘‘(A) the lowest rate of the higher grade which
is at least equal to such individual’s required mini-
mum rate; or
‘‘(B) if there is no rate in the higher grade that
satisfies subparagraph (A), a rate equal to such in-
dividual’s required minimum rate.
‘‘(3) The regulations under section 5338 shall include
such provisions as may be necessary to carry out the pur-
poses of this subsection in the case of a firefighter who,
at the time of promotion, is receiving basic pay at a rate
paid to such firefighter under subchapter VI.’’.
(b) PAY RETENTION.—Section 5363(a) of title 5,
United States Code, is amended by striking ‘‘or’’ at the
end of paragraph (3), by inserting ‘‘or’’ after the semi-
colon in paragraph (4), and by adding after paragraph (4)
the following:
‘‘(5) who is subject to a reduction or termi-
nation of a rate of pay established under section
5504(c)(1);’’.
SEC. 6. TRAINING.
Section 4109 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(d)(1) For the purpose of this subsection, the term
‘firefighter’ means any firefighter within the meaning of
section 5504(d)(2) and any employee described in section
5504(d)(4).
‘‘(2) Notwithstanding subsection (a)(1), a firefighter
who is selected and assigned for training under this chap-
ter shall be paid, for the period of training, at the rate
of basic pay and overtime pay normally paid for the regu-
larly scheduled tour of duty of such firefighter.’’.
SEC. 7. TECHNICIAN BONUSES.
(a) IN GENERAL.—Chapter 45 of title 5, United
States Code, is amended by adding at the end the follow-
ing:
‘‘SUBCHAPTER IV—AWARDS TO FIREFIGHTERS
FOR SPECIAL SKILLS AND CERTIFICATIONS
‘‘§ 4531. Definitions
‘‘For the purpose of this subchapter—
‘‘(1) the term ‘firefighter’ has the meaning
given such term by section 4109(d)(1); and
‘‘(2) the term ‘firefighting duties’ has the
meaning given such term by section 5504.
‘‘§ 4532. Award authority
‘‘(a) An agency may pay a cash award of up to 5
percent of basic pay to a firefighter or other employee who
performs firefighting duties, if such employee—
‘‘(1) is employed in or under such agency; and
‘‘(2) makes substantial use of—
‘‘(A) a special skill, such as handling haz-
ardous materials; or
‘‘(B) a certification or license relating to
any firefighting duties, such as certification as
an emergency medical technician.
‘‘(b) Awards under this section shall be paid under
regulations prescribed by the head of the agency involved
or pursuant to the terms of any collective bargaining
agreement which satisfy the requirements of the next sen-
tence. Any such regulations or agreement shall include—
‘‘(1) procedures under which any such special
skills, certification, or licensure shall be ascertained;
‘‘(2) criteria for determining the amount of any
award under this subchapter; and
‘‘(3) any other provisions which may be nec-
essary to carry out the purposes of this sub-
chapter.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 45 of title 5, United States Code, is
amended by adding at the end the following:
‘‘SUBCHAPTER IV—AWARDS TO FIREFIGHTERS FOR SPECIAL SKILLS AND
CERTIFICATIONS
‘‘4531. Definitions.
‘‘4532. Award authority.’’.
SEC. 8. EFFECTIVE DATE; TRANSITION PROVISIONS; RE-
PORTING REQUIREMENT.
(a) EFFECTIVE DATE.—This Act shall take effect on
October 1, 1997, except that subsection (c) shall take ef-
fect on the date of the enactment of this Act.
(b) TRANSITION PROVISIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (3), instead of the amount which (but for this
subsection) would otherwise be payable under any
amendment made by section 3(a) or 4, the amount
payable under such amendment shall be equal to—
(A) the amount which (but for this sub-
section) would otherwise be so payable, multi-
plied by
(B) the applicable percentage under para-
graph (2).
(2) APPLICABLE PERCENTAGES.—The applica-
ble percentage under this paragraph is—
(A) 85 percent if the amount relates to
service performed in fiscal year 1998 or 1999;
(B) 90 percent if the amount relates to
service performed in fiscal year 2000;
(C) 95 percent if the amount relates to
service performed in fiscal year 2001; and
(D) 100 percent if the amount relates to
service performed in fiscal year 2002 or there-
after.
(3) COMPUTATIONS
UNDER
FORMER
PROVI-
SIONS
OF
LAW
NOT
AFFECTED.—A computation
under subparagraph (A) of section 5504(c)(2) of
title 5, United States Code, as amended by section
3(a)(1), shall not be affected by this subsection.
(c) REPORTING REQUIREMENT.—No later than June
1, 1998, the Office of Personnel Management shall submit
a written report to the Congress on—
(1) plans relating to implementing the transi-
tion provisions of subsection (b);
(2) plans relating to funding increases in pay
resulting from the enactment of this Act; and
(3) the need for and feasibility of making any
regulatory or legislative modifications in the admin-
istration of chapters 83 and 84 of title 5, United
States Code, in order to ensure that no diminution
in retirement benefits occurs, by reason of the tran-
sition provisions of subsection (b), with respect to
any firefighter who separates from service during
fiscal years 1998 through 2004.
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