text: 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.
target: Firefighters Pay Fairness Act of 1994 - Amends Federal law to extend existing biweekly pay period and pay computation requirements to Federal fire fighters and employees of the judicial branch.  Repeals the current exception from such requirements of employees on the Isthmus of Panama in the service of the Panama Canal Commission. 
  States that, for fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each.  Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. 
  Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Specifies limits on the payment of other premium pay to such fire fighters. 
  Prescribes basic rates of pay for fire fighters:  (1) promoted to a supervisory position; and (2) selected and assigned for training. 
  Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who possess and make substantial use of special skills or certifications, including handling hazardous materials or certification as an emergency medical technician.
feat_title: Firefighters Pay Fairness Act of 1994