[Congressional Record Volume 146, Number 117 (Wednesday, September 27, 2000)]
[Extensions of Remarks]
[Pages E1605-E1606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


   INTRODUCTION OF THE ``FEDERAL EMPLOYEES' OVERTIME PAY LIMITATION 
                        AMENDMENTS ACT OF 2000''

                                 ______
                                 

                        HON. ELIJAH E. CUMMINGS

                              of maryland

                    in the house of representatives

                      Tuesday, September 26, 2000

  Mr. CUMMINGS. Mr. Speaker, this legislation is needed to help address 
the challenges posed in responding to emergencies and disasters, in 
particular, the wildfires that besieged our Western States. The effects 
of our brave Federal wildland firefighters and other disaster relief 
personnel are being undercut by personnel administration problems 
relating to compensation for overtime work. The overtime pay rate for 
employees covered by the Fair Labor Standards Act (FLSA) is equal to 
one and one-half times their regular hourly rate of pay. For FLSA-
exempt Federal employees, however, the overtime rate may not exceed one 
and one-half times the GS-10 step 1 rate.
  This legislation would address this problem in two ways. First, it 
assures that no Federal employee receives less than his or her normal 
rate of pay for overtime work. Second, it recognizes the special 
demands and difficult circumstances involving emergencies that threaten 
life or property by increasing the hourly overtime pay rate limitation 
from GS-10, step 1, to GS 12, step 1, for FLSA-exempt employees who 
perform overtime work in connection with such an emergency. The higher 
rates of overtime pay resulting from these changes will effectively 
address the daunting challenges faced by our Federal land management 
agencies in containing extremely large, and dangerous wildfires. This 
legislation builds upon and includes changes proposed in H.R. 1770, the 
``Federal Employees' Overtime pay Limitation Amendments Act of 1999,'' 
which I introduced last session to correct longstanding FLSA-exempt 
overtime pay problems for Federal employees generally.
  Please join me by cosponsoring this legislation for federal managers 
and supervisors, emergency personnel, and their families.
  Text of bill follows:
  Be it enacted by the Senate and House of Representatives 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 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 
amendment 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 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 (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),

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 engaged in work in connection with an 
emergency (including a wildfire emergency) that involves a direct 
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 payment 
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 applicable special rate of pay under 
section 5305 or similar provision of law),

and all that amount is premium pay. A determination 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 consultation with the director of 
the Office of Management and Budget.''; and

       (2) in section 5547--
       (A) 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 of basic pay and such premium pay for any pay 
     period for such employee to exceed the greater of--
       ``(1) the maximum 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.'';
       (B) by amending subsection (b)(1) to read:
       ``(1) Subject to regulations prescribed by the Office of 
     Personnel Management, the first sentence of subsection (a) 
     shall not apply to an employee who is paid premium pay by 
     reason of work in connection with an emergency as specified 
     under section 5542(a)(4).'';
       (C) 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 greater of--
       ``(A) the maximum 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.'';
       (D) by amending subsection (c) to read as follows:
       ``(c) The Office of Personnel Management may prescribe 
     regulations governing the applicability of subsection (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 beginning on or 
     after 120 days following the date of enactment of this Act.

                                  ____
                                  

                      Section-by-Section Analysis

       The first section provides the bill's short title, the 
     ``Federal Employees' Overtime Pay Limitation Amendments Act 
     of 2000.''
       Section 2 amends sections 5542 and 5547 of title 5, United 
     States Code.
       Subsection (a)(1) amends 5 U.S.C. 5542 to provide that an 
     employee whose rate of basic pay exceeds the minimum rate of 
     basic pay 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) will have an overtime 
     hourly rate of pay in an amount equal to the greater of (1) 
     one and one-half times the minimum hourly rate of basic pay 
     for GS-10 (including locality pay and special rates), or (2) 
     the employee's hourly rate of basic pay (including locality 
     pay and special rates). All pay under this provision would be 
     premium pay.
       Subsection (a)(1) also amends 5 U.S.C. 5542 to provide that 
     during a pay period in which an employee is engaged in work 
     in connection with an emergency that involves a direct threat 
     to life or property, including work performed in the 
     aftermath of such an emergency, the employee will have an 
     overtime hourly rate of pay in 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 (1) one and one-half times the minimum hourly 
     rate of basic pay for GS-12 (including locality pay but 
     excluding special rates) or (2) the hourly rate of basic pay 
     of the employee (including locality pay and

[[Page E1606]]

     special rates). The head of the agency, in consultation with 
     the Director of the Office of Management and Budget, is 
     authorized to determine the existence and duration of such an 
     emergency and its aftermath, and whether work is connected to 
     it.
       Subsection (a)(2) amends 5 U.S.C. 5547 to provide that an 
     employee may be paid premium pay only to the extent that the 
     payment does not cause the employee's aggregate rate of pay 
     for any pay period to exceed the greater of (1) the maximum 
     rate of basic pay payable for GS-15 (including locality pay 
     and special rates) or (2) the rate payable for level V of the 
     Executive Schedule. Under current law, two separate premium 
     pay limitations cover most General Schedule (GS) employees. A 
     GS law enforcement officer under 5 U.S.C. 5547(c) may be paid 
     premium pay up to the lesser of 150 percent of the minimum 
     rate of basic pay payable for GS-15 or the rate payable for 
     level V of the Executive Schedule. In contrast, the premium 
     pay limitation applicable to other GS employees (currently 
     found at 5 U.S.C. 5547(a)) is the maximum rate payable for 
     GS-15 (including locality pay and special rates). This 
     amendment would create a uniform biweekly premium pay 
     limitation. The calendar year premium pay limitation at 5 
     U.S.C. 5547(b) (for work in connection with an emergency 
     which involves a direct threat to life or property) is 
     similarly amended as well as expanded to cover work in the 
     aftermath of an emergency involving a threat to life or 
     property. Provision is also made for Office of Personnel 
     Management regulations to harmonize the application of 
     overtime provisions with other forms of premium pay.
       Subsection (b) would set the effective date of the 
     amendments made by subsection (a). The amendments would take 
     effect in pay periods beginning on and after the 120th day 
     following the date of enactment.

     

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