Sec. 12. Emergency response activities
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/bill/117/s/4237/is/section-12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term basic pay includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. The term covered employee means an employee of the Department of Commerce. The term covered services means services performed by a covered employee while— serving as an incident meteorologist accompanying a wildland firefighter crew; serving— on an incident management team; as an emergency response specialist; at the National Interagency Fire Center; at a Geographic Area Coordination Center; or at an operations center; or serving in a capacity determined by the Secretary, or the Under Secretary acting on behalf of the Secretary, to be primarily relating to emergency response activities.
The term employee has the meaning given that term in section 2105 of title 5, United States Code. The term premium pay means premium pay for the purposes of section 5547(a) of title 5, United States Code. Any premium pay received by a covered employee for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the covered employee for purposes of applying the limitation on premium pay under section 5547(a) of title 5, United States Code.
A covered employee may be paid premium pay that is disregarded under paragraph
(1)only to the extent that the aggregate of the basic pay and premium pay paid to that covered employee in the applicable calendar year, including premium pay that is disregarded under that paragraph, does not exceed the rate of basic pay for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year. If the application of subsection
(b)results in the payment of additional 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— be considered to be basic pay of the covered employee for any purpose; or be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code. Section 5542(a)(5) of title 5, United States Code, is amended by inserting , the Department of Commerce, after Interior . This section and the amendment made by this section shall take effect as if enacted on January 1, 2020. Any amounts used to pay covered employees for covered services shall not be derived from amounts made available to the Administration or amounts saved by reducing the number of full-time-equivalent employees of the Administration. The Under Secretary shall maintain policies and procedures that ensure that the deployment of a covered employee to perform a covered service will not compromise the health, safety, and well-being of the covered employee.