I
106TH CONGRESS
2D SESSION
H. R. 5333
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
SEPTEMBER 28, 2000
Mr. CUMMINGS 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act may be cited as the ‘‘Federal Employees’
Overtime Pay Limitation Amendments Act of 2000’’.
SEC. 2. (a) Title 5, United States Code is amended—
(1) in section 5542(a)—
(A) by amending paragraph (2) to read as
follows:
‘‘(2) For an employee whose basic pay is at a
rate which exceeds the minimum rate of basic pay
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for GS–10 (including any applicable locality-based
comparability payment under section 5304 or similar
provision of law and any applicable special rate of
pay under section 5305 or similar provision of law),
the overtime hourly rate of pay is an amount equal
to the greater of—
‘‘(A) one and one-half times the minimum
hourly rate of basic pay for GS–10 (including
any applicable locality-based comparability pay-
ment under section 5304 or similar provision of
law and any applicable special rate of pay under
section 5305 or similar provision of law); or
‘‘(B) the hourly rate of basic pay of the
employee (including any applicable locality-
based comparability payment under section
5304 or similar provision of law and any appli-
cable special rate of pay under section 5305 or
similar provision of law),
and all that amount is premium pay,’’; and
(B) by amending paragraph (4) to read as
follows:
‘‘(4) Notwithstanding paragraphs (1) and (2),
for any pay period during which an employee is en-
gaged in work in connection with an emergency (in-
cluding a wildfire emergency) that involves a direct
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threat to life or property, including work performed
in the aftermath of such an emergency, the overtime
hourly rate of pay is an amount equal to one and
one-half times the hourly rate of basic pay of the
employee, except that such overtime hourly rate of
pay may not exceed the greater of—
‘‘(A) one and one-half times the minimum
hourly rate of basic pay for GS–12 (including
any applicable locality-based comparability pay-
ment under section 5304 or similar provision of
law but excluding any applicable special rate of
pay under section 5305 or similar provision of
law); or
‘‘(B) the hourly rate of basic pay of the
employee (including any applicable locality-
based comparability payment under section
5304 or similar provision of law and any appli-
cable special rate of pay under section 5305 or
similar provision of law),
and all that amount is premium pay. A determina-
tion as to the existence and duration of such an
emergency and its aftermath, and whether work is
connected to it, shall be made at the discretion of
the head of the agency (or his or her designee) in
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(b) to employees who are in receipt of annual premium
pay for standby duty or administratively uncontrollable
overtime work under section 5545(c) or availability pay
for criminal investigators under section 5545a.’’, and
(E) by adding at the end:
‘‘(d) This section shall not apply to any employee of
the Federal Aviation Administration or the Department
of Defense who is paid premium pay under section
5546a.’’,
(b) The amendments made by subsection (a) shall
take effect on the first day of the first pay period begin-
ning on or after 120 days following the date of enactment
of this Act.
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