[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 492 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 492

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

                             March 20, 1997

 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 
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 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 rules set 
forth in subparagraphs (A) through (D) shall 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 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 carrying out the 
        preceding provisions of this paragraph--
                    ``(i) shall be the annual rate determined in 
                accordance with otherwise applicable provisions of law 
                (applied as if the Firefighters Pay Fairness Act of 
                1997 had never been enacted); and
                    ``(ii) shall not exclude any amount considered 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 biweekly rate by 26. An 
        annual rate determined under this subparagraph shall for all 
        purposes (except the preceding provisions of this paragraph or 
        as otherwise expressly provided by law), be considered to be 
        the annual rate of basic pay for the firefighter involved.
            ``(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 pay computed under this 
        paragraph shall be in lieu of--
                    ``(i) any amount which might otherwise be payable 
                under any of those provisions;
                    ``(ii) any amount required to be taken into account 
                under subparagraph (D); and
                    ``(iii) any other similar amount, as identified by 
                the Office of Personnel Management in regulations.
            ``(G) For provisions relating to computation of overtime, 
        see section 5542(e).
    ``(2) Notwithstanding any other provision of law, in the case of an 
employee who is not a firefighter (nor an employee described in 
subsection (d)(4)), but whose position requires such employee to 
perform firefighting duties, the pay of such employee for any biweekly 
pay period during which such employee is required to perform 
firefighting duties shall be determined--
            ``(A) in accordance with otherwise applicable provisions of 
        law, but disregarding paragraph (1), or
            ``(B) in accordance with paragraph (1) (including the 
        provisions referred to in paragraph (1)(G)),
whichever results in the greater total amount.
    ``(3) Rates under this subsection are computed to the nearest cent, 
counting one-half and over as a whole cent.''.
            (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 employee (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 Garden, 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 excluded from 
        the definition of employee in section 5541(2) other than an 
        employee or individual excluded 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 employee 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 firefighter 
                under paragraph (2), but for the exclusion 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 striking 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:
    ``(e)(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 officially ordered or 
approved in excess of 106 hours in a biweekly pay period performed by 
such firefighter are overtime work and shall be paid for in accordance 
with subsections (a) (disregarding the matter in subsection (a) before 
paragraph (1) thereof).
    ``(3) For purposes of applying the provisions of section 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 requirements of paragraph (2) are met.''.

SEC. 5. MINIMUM PAY RATE UPON PROMOTION TO A SUPERVISORY POSITION; PAY 
              RETENTION.

    (a) Minimum Pay Rate Upon Promotion to a Supervisory Position.--
Section 5334 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(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 promotion, 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 promotion (expressed as a single 
                annual rate); or
                    ``(ii) in the case of a firefighter whose promotion 
                occurs in the first fiscal year during which this 
                subsection is in effect, the total amount of basic pay 
                and overtime pay (expressed as a single annual rate) 
                which would have been payable to that individual for 
                service performed as a firefighter during the period 
                described 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 continues 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 minimum rate; or
            ``(B) if there is no rate in the higher grade that 
        satisfies subparagraph (A), a rate equal to such individual's 
        required minimum rate.
    ``(3) The regulations under section 5338 shall include such 
provisions as may be necessary to carry out the purposes of this 
subsection in the case of a firefighter who, at the time of promotion, 
is receiving basic pay at a rate saved 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 semicolon in paragraph (4), and by adding after 
paragraph (4) the following:
            ``(5) who is subject to a reduction or termination 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 chapter shall be paid, 
for the period of training, at the rate of basic pay and overtime pay 
normally paid for the regularly 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 following:

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

``Sec. 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.
``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, if such employee--
            ``(1) is employed in or under such agency; and
            ``(2) makes substantial use of--
                    ``(A) a special skill, such as handling hazardous 
                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 sentence. 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 necessary to carry 
        out the purposes of this subchapter.''.
    (b) Conforming Amendment.--The table of sections 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; REPORTING REQUIREMENT.

    (a) Effective Date.--This Act shall take effect on October 1, 1997.
    (b) Transition Provisions.--
            (1) In general.--Except as provided in paragraph (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 subsection) 
                would otherwise be so payable, multiplied by
                    (B) the applicable percentage under paragraph (2).
            (2) Applicable percentages.--The applicable 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 thereafter.
            (3) Computations under former provisions 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 transition 
        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 administration 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 transition provisions of subsection (b), with respect to 
        any firefighter who separates from service during fiscal years 
        1998 through 2004.
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