[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2091 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Firefighters Pay Fairness Act of 
1994''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) improve pay equality between Federal firefighters and 
        municipal and other public sector firefighters;
            (2) enhance recruitment and retention of firefighters in 
        order to maintain the highest quality Federal fire service; and
            (3) encourage Federal firefighters to pursue career 
        advancement and training opportunities.

SEC. 3. BIWEEKLY PAY PERIODS; COMPUTATION OF PAY.

    Section 5504 of title 5, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) The pay period for an employee covers 2 administrative 
workweeks. For the purpose of this section, the term--
            ``(1) `employee' means--
                    ``(A) an employee in or under an executive agency;
                    ``(B) an employee in or under the judicial branch;
                    ``(C) an employee in or under the Office of the 
                Architect of the Capitol, the Botanic Garden, and the 
                Library of Congress, for whom a basic administrative 
                workweek is established under section 6101(a)(5); and
                    ``(D) an individual employed by the government of 
                the District of Columbia;
        but does not include an employee or individual excluded from 
        the definition of an employee in section 5541(2) other than an 
        employee or individual excluded by section 5541(2)(xvi);
            ``(2) `firefighter' has the same meaning as such term is 
        defined under sections 8331 and 8401; and
            ``(3) `firefighting duties' means those duties usually 
        performed by a firefighter in responding to or engaging in the 
        control and extinguishment of a fire.'';
            (2) in subsection (b) in the first sentence by inserting 
        ``(except as provided under subsection (c))'' after ``in the 
        case of an employee'';
            (3) by redesignating subsection (c) as subsection (d); and
            (4) by inserting after subsection (b) the following 
        subsection:
    ``(c)(1) For pay computation purposes affecting a firefighter, the 
annual rate of basic pay established by or under statute is deemed the 
annual basic pay to be used in calculating payment for employment 
during 26 administrative biweekly work periods of up to 106 hours each. 
When it is necessary for computation of pay under this subsection to 
convert an annual rate of basic pay to a basic hourly, daily, or 
biweekly rate, the following rules govern:
            ``(A) To derive an hourly rate, divide the annual rate by 
        2,087.
            ``(B) To derive a daily rate, multiply the hourly rate by 
        the number of hours in the regularly scheduled daily tour of 
        duty.
            ``(C) To derive a biweekly rate, multiply the hourly rate 
        by the total number of hours not to exceed 106 hours, in the 
        regularly scheduled tours of duty during the biweekly period.
Rates are computed to the nearest cent, counting one-half and over as a 
whole cent.
    ``(2) Notwithstanding the provisions of paragraph (1), for pay 
computation purposes affecting an employee who is not a firefighter but 
who performs firefighting duties during a biweekly pay period, the 
biweekly pay for that period shall be the greater of pay calculated 
under--
            ``(A) subsection (b) of this section and sections 5542(a), 
        5545, and 5546, using the employee's annual rate of basic pay; 
        or
            ``(B) paragraph (1) and section 5542(d), using the 
        employee's annual rate of basic pay.
Rates are computed to the nearest cent, counting one-half and over as a 
whole cent.''.

SEC. 4. OVERTIME.

    (a) Application of Fair Labor Standards Act of 1938.--Section 
5542(c) of title 5, United States Code, is amended to read as follows:
    ``(c) Subsection (a) shall not apply to an employee who is subject 
to the overtime provisions of section 7 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 207). In the case of a firefighter subject to the 
provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 207(k)), overtime shall be determined in accordance with the 
provisions of subsection (d). In the case of all other employees who 
would, were it not for the preceding sentences, be subject to the 
provisions of subsection (a), the Office of Personnel Management shall 
by regulation prescribe what hours shall be deemed to be hours of work 
and what hours of work shall be deemed to be overtime hours for the 
purpose of such section 7 so as to ensure than no employee receives 
less pay by reason of the preceding sentence.''.
    (b) Application to Firefighters.--Section 5542 of title 5, United 
States Code, is amended by adding at the end thereof the following new 
subsection:
    ``(d) Firefighters who are subject to the provisions of section 
7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)), for 
full-time, part-time, and intermittent tours of duty, hours ordered or 
approved which in the aggregate exceed 106 hours in a biweekly period, 
shall be compensated at one and one-half times the hourly rate of basic 
pay of such employee as determined under subsection (b)(2). Payments 
calculated under this subsection for hours in excess of 106 in the 
regularly scheduled biweekly tour of duty shall be considered to be 
part of basic pay for purposes of retirement under chapter 83 or 84, as 
applicable, life insurance under chapter 87, and for such other 
purposes as may be expressly provided for by law or as the Office of 
Personnel Management may by regulation prescribe.''.
    (c) Limitation on Payment of Other Premium Pay.--Section 5545(c) of 
title 5, United States Code, is amended by adding a new sentence at the 
end thereof to read as follows:
``Paragraphs (1) and (2) of this subsection shall not be applicable to 
employees who are subject to the provisions of section 7(k) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 207(k)) and the overtime 
calculations provided for under subsection (d).''.

SEC. 5. MINIMUM PAY RATE FOR FIREFIGHTER PROMOTED TO SUPERVISORY 
              POSITION.

    (a) In General.--Chapter 53 of title 5, United States Code, is 
amended--
            (1) by redesignating section 5385 as section 5386; and
            (2) by inserting after section 5384 the following new 
        section:
``Sec. 5385. Minimum pay rate for firefighter promoted to supervisory 
              position
    ``(a) For purposes of this section, the term--
            ``(1) `agency' has the meaning as such term is defined 
        under section 5102(1);
            ``(2) `employee' has the meaning as such term is defined 
        under section 5102(2); and
            ``(3) `firefighter' has the meaning as such term is defined 
        under sections 8331 and 8401.
    ``(b)(1) The position to which an employee described under 
paragraph (2) is promoted shall be paid at a basic rate of pay equal to 
or greater than the annual aggregate rate of pay based on basic pay and 
regularly scheduled overtime pay received by such employee in the 
calendar year immediately preceding the promotion.
    ``(2) Paragraph (1) applies to an employee who--
            ``(A) is in a position as a firefighter;
            ``(B) is promoted to a supervisory position as a 
        firefighter; and
            ``(C) after such promotion, is not subject to the 
        provisions of section 7(k) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 207(k)).''.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 53 of title 5, United States Code, is amended by striking out 
the item relating to section 5385 and inserting in lieu thereof the 
following:

``5385. Minimum pay rate for firefighter promoted to supervisory 
                            position.
``5386. Regulations.''.

SEC. 6. TRAINING.

    Section 4109 of title 5, United States Code, is amended by adding 
at the end thereof the following new subsection:
    ``(d) Notwithstanding subsection (a)(1), a firefighter, as defined 
under sections 8331 and 8401, who is selected and assigned for training 
under this chapter, shall be paid during the period of training at the 
rate of basic pay of such employee and overtime which is normally paid 
for the regularly scheduled tour of duty of such employee.''.

SEC. 7. TECHNICIAN BONUSES.

    (a) In General.--Chapter 45 of title 5, United States Code, is 
amended by adding at the end thereof the following new subchapter:

     ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND 
                             CERTIFICATIONS

``Sec. 4531. Definitions
    ``For the purpose of this subchapter, the term--
            ``(1) `firefighter' has the same meaning as such term is 
        defined under sections 8331 and 8401; and
            ``(2) `firefighting duties' means those duties usually 
        performed by a firefighter in responding to or engaging in the 
        control and extinguishment of a fire.
``Sec. 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, employed in or under such agency who possesses and makes 
substantial use of special skills or certifications, including handling 
hazardous materials or 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 
negotiations as the case may be. Such regulations or collective 
bargaining provisions shall include--
            ``(1) procedures under which such special skills or 
        certifications shall be ascertained;
            ``(2) criteria for determining the amount paid to 
        individuals for recognition under this section; and
            ``(3) any other provisions which may be necessary to carry 
        out the purposes of this subchapter.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 45 of title 5, United States Code, is amended by adding at the 
end thereof the following:

     ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND 
                             CERTIFICATIONS

``4531. Definitions.
``4532. Award authority.''.

SEC. 8. EFFECTIVE DATES.

    The provisions of this Act shall become effective as follows:
            (1) Sections 3, 4, and 5 shall be effective beginning with 
        the applicable first pay period which begins on or after 60 
        days after the date of the enactment of this Act.
            (2) Section 6 shall take effective 60 days after the date 
        of the enactment of this Act.
            (3) Section 7 shall take effect on October 1, 1994.

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