Washington, D.C. 20530

February 4, 2002

MEMORANDUM FOR BUREAU PERSONNEL OFFICERS

• shows the earliest possible effective date of each provision,



• indicates whether the Department is required to implement the provision, and



• describes the status of any potential Department policy/guidance relating to the provision. (Inclusion of a discretionary provision in the chart should not be read as an indication that the Department intends to implement the provision.)

Attachment 4 excerpts the pertinent statutory language from the Library of Congress' Thomas Web site. If members of your staff have any questions about this topic, they may contact the Personnel Staff's Policy Group, on (202) 514-6778.

Attachment 1
Attachment 2
Attachment 3
Attachment 4

cc:   Melinda Morgan, HRSAG

Attachment 3

Provisions of Public Law 107-107

Attachment 4

Pertinent Statutory Provisions

SEC. 519.   PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM PREMIUMS FOR CERTAIN RESERVISTS CALLED TO ACTIVE DUTY IN SUPPORT OF CONTINGENCY OPERATIONS.

(a) IN GENERAL- Subsection (e) of section 8906 of title 5, United States Code, is amended by adding at the end the following new paragraph:

`(3)(A) An employing agency may pay both the employee and Government contributions, and any additional administrative expenses otherwise chargeable to the employee, with respect to health care coverage for an employee described in subparagraph (B) and the family of such employee.

`(B) An employee referred to in subparagraph (A) is an employee who--

`(i) is enrolled in a health benefits plan under this chapter;

`(ii) is a member of a reserve component of the armed forces;

`(iii) is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10);

`(iv) is placed on leave without pay or separated from service to perform active duty; and

`(v) serves on active duty for a period of more than 30 consecutive days.

`(C) Notwithstanding the one-year limitation on coverage described in paragraph (1)(A), payment may be made under this paragraph for a period not to exceed 18 months.'.

(b) CONFORMING AMENDMENT- The matter preceding paragraph (1) in subsection (f) of such section is amended to read as follows:

`(f) The Government contribution, and any additional payments under subsection (e)(3)(A), for health benefits for an employee shall be paid--'.

(c) APPLICABILITY- The amendments made by this section apply with respect to employees called to active duty on or after December 8, 1995, and an agency may make retroactive payments to such employees for premiums paid on or after such date.

SEC. 563. USE OF MILITARY LEAVE FOR FUNERAL HONORS DUTY BY RESERVE MEMBERS AND NATIONAL GUARDSMEN.

Section 6323(a)(1) of title 5, United States Code, is amended by inserting `funeral honors duty (as described in section 12503 of title 10 and section 115 of title 32),' after `(as defined in section 101 of title 37),'.

SEC 1111.  AUTHORITY TO PROVIDE HOSTILE FIRE PAY.

(a) IN GENERAL- Subchapter IV of chapter 59 of title 5, United States Code, is amended by adding at the end the following new section:

`Sec. 5949. Hostile fire pay

`(a) The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the employee was--

1. subject to hostile fire or explosion of hostile mines;



2. on duty in an area in which the employee was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period on duty in that area, other employees were subject to hostile fire or explosion of hostile mines; or



3. killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action.

`(b) An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be paid hostile fire pay under this section for not more than three additional months during which the employee is so hospitalized.

`(c) An employee may be paid hostile fire pay under this section in addition to other pay and allowances to which entitled, except that an employee may not be paid hostile fire pay under this section for periods of time during which the employee receives payment under section 5925 of this title because of exposure to political violence or payment under section 5928 of this title.'.

(b) TECHNICAL AMENDMENT- The table of sections at the beginning of chapter 59 of such title is amended by inserting at the end the following new item:

(c) EFFECTIVE DATE- This provision is effective as if enacted into law on September 11, 2001, and may be applied with respect to any hostile action that took place on or after that date.

SEC. 1112.   PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL CREDENTIALS.

(a) IN GENERAL- Chapter 57 of title 5, United States Code, is amended by adding at the end the following new section:

`Sec. 5757. Payment of expenses to obtain professional credentials

`(a) An agency may use appropriated funds or funds otherwise available to the agency to pay for--

1. expenses for employees to obtain professional credentials, including expenses for professional accreditation, State-imposed and professional licenses, and professional certification; and



2. examinations to obtain such credentials.

`(b) The authority under subsection (a) may not be exercised on behalf of any employee occupying or seeking to qualify for appointment to any position that is excepted from the competitive service because of the confidential, policy-determining, policy-making, or policy-advocating character of the position.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`5757. Payment of expenses to obtain professional credentials.'.

SEC. 1113.   PARITY IN ESTABLISHMENT OF WAGE SCHEDULES AND RATES FOR PREVAILING RATE EMPLOYEES.

(a) IN GENERAL- Paragraph (2) of section 5343(d) of title 5, United States Code, is amended to read as follows:

`(2) When the lead agency determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall establish the wage schedules and rates on the basis of--

`(A) local private industry rates; and

`(B) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made.'.

(b) EFFECTIVE DATE- Wage adjustments made pursuant to the amendment made by this section shall take effect in each applicable wage area on the first normal effective date of the applicable wage survey adjustment that occurs after the date of the enactment of this Act.

SEC. 1114.   MODIFICATION OF LIMITATION ON PREMIUM PAY.

(a) IN GENERAL- Section 5547 of title 5, United States Code, is amended to read as follows:

`Sec. 5547. Limitation on premium pay

`(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)(1) Subject to regulations prescribed by the Office of Personnel Management, subsection (a) shall not apply to an employee who is paid premium pay by reason of 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.

`(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in 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.

`(3) Subject to regulations prescribed by the Office of Personnel Management, the head of an agency may determine that subsection (a) shall not apply to an employee who is paid premium pay to perform work that is critical to the mission of the agency. Such employees may be paid premium pay under the provisions of law cited in subsection (a) if, or to the extent that, the aggregate of the basic pay and premium pay under those provisions for such employee would not, 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.

`(c) The Office of Personnel Management shall prescribe regulations governing the methods of applying subsection (b)(2) and (b)(3) to employees who receive premium pay under section 5545(c) or 5545a, or to firefighters covered by section 5545b who receive overtime pay for hours in their regular tour of duty, and the method of payment to such employees. Such regulations may limit the payment of such premium pay on a biweekly basis.

`(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) CONFORMING AMENDMENT- Section 118 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by section 1(3) of Public Law 106-554; 114 Stat. 2763A-134) is amended by striking `limitation on the rate of pay payable during a pay period contained in section 5547(c)(2)' and inserting `restrictions contained in section 5547'.

(c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall take effect on the first day of the first pay period beginning on or after the date that is 120 days following the date of enactment of this Act.

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