[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1885 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1885

  To amend title 5, United States Code, to provide for more equitable 
policies relating to overtime pay for Federal employees, limitations on 
       premium pay, and the accumulation and use of credit hours.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1999

 Mr. Robb (for himself, Mr. Sarbanes, and Ms. Mikulski) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Gvernmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, to provide for more equitable 
policies relating to overtime pay for Federal employees, limitations on 
       premium pay, and the accumulation and use of credit hours.

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

SECTION 1. OVERTIME PAY.

    (a) In General.--Section 5542(a) of title 5, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``GS-10'' and inserting 
        ``GS-12''; and
            (2) 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 for GS-12 (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-12 (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); or
                    ``(B) the hourly rate of basic pay of the employee,
        and all that amount is premium pay.''.
    (b) Conforming Amendment.--Paragraph (4) of section 5542(a) of 
title 5, United States Code, is repealed.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first pay period beginning on or after 
180 days following the date of enactment of this Act.

SEC. 2. LIMITATION ON PREMIUM PAY.

    (a) In General.--Section 5547 of title 5, United States Code, is 
amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) An employee may be paid premium pay under sections 5542, 5545 
(a), (b), and (c), 5545a, and 5546 (a) and (b) only to the extent that 
the payment does not cause the aggregate rate of pay for any pay period 
for such employee to exceed the lesser of--
            ``(1) 150 percent of the minimum rate of basic pay payable 
        for GS-15 (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); or
            ``(2) the rate payable for level V of the Executive 
        Schedule.'';
            (2) by amending subsection (b)(2) to read as follows:
            ``(2) Notwithstanding paragraph (1), no employee referred 
        to in such paragraph may be paid premium pay under the 
        provisions of law cited in the first sentence of subsection (a) 
        if, or to the extent that, the aggregate of the basic pay and 
        premium pay under those provisions for such employee would, in 
        any calendar year, exceed the lesser of--
                    ``(A) 150 percent of the minimum rate of basic pay 
                payable for GS-15 in effect at the end of such calendar 
                year (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); or
                    ``(B) the rate payable for level V of the Executive 
                Schedule in effect at the end of such calendar year.''; 
                and
            (3) by amending subsection (c) to read as follows:
    ``(c) 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 of this title.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the first pay period beginning on or 
after 180 days following the date of enactment of this Act.

SEC. 3. ACCUMULATION AND USE OF CREDIT HOURS BY MEMBERS OF THE SENIOR 
              EXECUTIVE SERVICE ON FLEXIBLE SCHEDULES.

    Section 6126 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(c) Any limitations (or other terms or conditions) governing the 
accumulation or use of credit hours shall apply equally to all career 
employees in the civil service (or, if promulgated by an agency, within 
such agency), including those in the Senior Executive Service or 
another equivalent system.''.
                                 <all>