Disaster Response Workforce Flexibility Act of 2017

Disaster Response Workforce Flexibility Act of 2017

This bill authorizes employees of the Federal Emergency Management Agency (FEMA) performing duties directly related to, or in support of, disaster preparation, response, and recovery efforts to be paid an amount of premium pay during fiscal years 2017 or 2018 to the extent that the total of basic pay and such premium pay for any pay period does not exceed the annual rate of basic pay for level II of the Executive Schedule.

Such additional pay shall not be considered to be basic pay and shall not be used in computing a lump-sum payment for accumulated and accrued annual leave upon separation from service.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4611 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4611

  To provide an increase in premium pay for certain employees of the 
Federal Emergency Management Agency during fiscal years 2017 and 2018, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2017

 Mrs. Demings (for herself and Ms. Plaskett) introduced the following 
 bill; which was referred to the Committee on Oversight and Government 
                                 Reform

_______________________________________________________________________

                                 A BILL


 
  To provide an increase in premium pay for certain employees of the 
Federal Emergency Management Agency during fiscal years 2017 and 2018, 
                        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 ``Disaster Response Workforce 
Flexibility Act of 2017''.

SEC. 2. PREMIUM PAY EXCEPTION FOR FEMA EMPLOYEES.

    (a) Definition of Covered Employee.--In this section, the term 
``covered employee'' means any employee of the Federal Emergency 
Management Agency who, during any of fiscal years 2017 or 2018, 
performs duties directly related to, or in support of, disaster 
preparation, response, and recovery efforts.
    (b) Exception for Limitation on Premium Pay.--Notwithstanding any 
other provision of law, during fiscal years 2017 and 2018, section 
5547(a) of title 5, United States Code, shall not apply to any covered 
employee to the extent that its application would prevent the covered 
employee from receiving premium pay, except that such premium pay shall 
not be payable to a covered employee to the extent that the aggregate 
of the covered employee's basic and premium pay for the year would 
exceed the rate of basic pay payable for a position at level II of the 
Executive Schedule under section 5313 of such title.
    (c) Treatment of Additional Pay.--If subsection (b) results in the 
payment of additional premium pay to a covered employee of a type that 
is normally creditable as basic pay for retirement or any other 
purpose, that additional pay shall not--
            (1) be considered to be basic pay of the covered employee 
        for any purpose; or
            (2) be used in computing a lump-sum payment to the covered 
        employee for accumulated and accrued annual leave under section 
        5551 or section 5552 of title 5, United States Code.
    (d) Aggregate Limit.--With respect to the application of section 
5307 of title 5, United States Code, the payment of any additional 
premium pay to a covered employee as a result of subsection (b) shall 
not be counted as part of the aggregate compensation of the covered 
employee.
    (e) Effective Date.--This section shall take effect as if enacted 
on October 1, 2016.
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