[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 47 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 47

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

                            January 4, 1995

 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 
1995''.

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.

    (d) Overtime.--
            (1) 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.''.
            (2) 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). 
Firefighters under this subsection shall be subject to the same 
overtime pay limitations as an employee under subsection (a)(4).''.
            (3) 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 section 5542(d).''.

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

            (1) In general.--Chapter 53 of title 5, United States Code, 
        is amended--
                    (A) by redesignating section 5385 as section 5386; 
                and
                    (B) 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)).''.
            (2) 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.

            (1) 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.''.
            (2) 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. IMPLEMENTATION.

            (1) In general.--Effective on the date of the enactment of 
        this Act, the Office of Personnel Management and the Office of 
        Management and Budget shall take such actions as necessary 
        (including the promulgation of regulations) to provide for the 
        orderly implementation of this section. Regulations promulgated 
        under this paragraph shall take effect on October 1, 1995.
            (2) Computation of pay; overtime.--(A) Notwithstanding the 
        amendments made by subsections (c) and (d) of this section, a 
        firefighter shall be paid in accordance with such amendments, 
        except that such firefighter shall be paid the percentage 
        described under subparagraph (B) of the amount he would 
        otherwise be paid under such amendments if not for this 
        paragraph, for each of fiscal years 1996, 1997, 1998, 1999, and 
        2000.
            (B) The percentage referred to under subparagraph (A) shall 
        be--
                    (i) 85 percent during fiscal year 1996;
                    (ii) 85 percent during fiscal year 1997;
                    (iii) 90 percent during fiscal year 1998;
                    (iv) 95 percent during fiscal year 1999; and
                    (v) 100 percent during fiscal year 2000, and each 
                fiscal year thereafter.
            (3) Report to congress.--No later than June 1, 1995, the 
        Office of Personnel Management shall submit a report to the 
        Congress on--
                    (A) plans to implement the provisions of this 
                section;
                    (B) plans for funding increases in pay by affected 
                Federal departments and agencies as a result of the 
                enactment of the provisions of this section; and
                    (C) the need and feasibility of making regulatory 
                or legislative modifications in the administration of 
                chapters 83 and 84 of title 5, United States Code, to 
                ensure no diminution of Federal retirement benefits for 
                any firefighter who separates from service by reason of 
                retirement during the implementation of the provisions 
                of this section during fiscal years 1996 through 2000.

SEC. 9. EFFECTIVE DATES.

            (1) Computation of pay; overtime; supervisory rates.--
        Subsections (c), (d), and (e) of this section shall be 
        effective beginning on the first day of the first applicable 
        pay period beginning on or after October 1, 1995.
            (2) Training and bonuses.--Subsections (f) and (g) shall 
        take effect on October 1, 1995.
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