[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1594 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 1594
To ensure that the percentage increase in rates of basic pay for
prevailing wage employees shall be equal to the percentage increase
received by other Federal employees in the same pay locality, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2017
Mr. Cartwright (for himself, Ms. Norton, and Mr. Connolly) introduced
the following bill; which was referred to the Committee on Oversight
and Government Reform
_______________________________________________________________________
A BILL
To ensure that the percentage increase in rates of basic pay for
prevailing wage employees shall be equal to the percentage increase
received by other Federal employees in the same pay locality, 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. ADJUSTMENTS TO RATES OF BASIC PAY OF PREVAILING RATE
EMPLOYEES.
(a) Limitation on Adjustments.--
(1) Prevailing rate employees of agencies.--Notwithstanding
any other provision of law, and except as otherwise provided in
this section, a prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code, may not be paid--
(A) during the period beginning on January 1, 2017,
and ending on the normal effective date of the
applicable wage survey adjustment that is to take
effect in fiscal year 2017, in an amount that exceeds
the rate payable for the applicable grade and step of
the applicable wage schedule in accordance with section
5343 of title 5, United States Code; and
(B) during the period beginning on the day after
the end of the period described in subparagraph (A) and
ending on September 30, 2017, in an amount that
exceeds, as a result of a wage survey adjustment, the
rate payable under subparagraph (A) by more than the
sum of--
(i) the percentage adjustment taking effect
in fiscal year 2017 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(ii) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 2017 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in the previous fiscal year
under such section.
(2) Other prevailing rate employees.--Notwithstanding any
other provision of law, no prevailing rate employee described
in subparagraph (B) or (C) of section 5342(a)(2) of title 5,
United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph
(1) is in effect at a rate that exceeds the rates that would be
payable under paragraph (1) were paragraph (1) applicable to
such employee.
(3) Employees paid from new schedules.--For the purposes of
this subsection, the rates payable to an employee who is
covered by this subsection and who is paid from a schedule not
in existence on September 30, 2016, shall be determined under
regulations prescribed by the Office of Personnel Management.
(4) Rates of premium pay.--Notwithstanding any other
provision of law, rates of premium pay under subchapter V of
chapter 55 of title 5, United States Code, for employees
subject to this subsection may not be changed from the rates in
effect on September 30, 2016, except to the extent determined
by the Office of Personnel Management to be consistent with the
purpose of this subsection.
(5) Period covered.--This subsection shall apply with
respect to pay for service performed on or after the first day
of the first applicable pay period beginning after December 31,
2016.
(6) Treatment under other laws.--For the purpose of
administering any provision of law (including any rule or
regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any
deduction or contribution, or that imposes any requirement or
limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of
this subsection shall be treated as the rate of salary or basic
pay.
(7) Limitations.--Nothing in this subsection shall be
considered to permit or require the payment to any employee
covered by this subsection at a rate in excess of the rate that
would be payable were this subsection not in effect.
(8) Exceptions.--The Office of Personnel Management may
provide for exceptions to the limitations imposed by this
subsection if the Office determines that such exceptions are
necessary to ensure the recruitment or retention of qualified
employees.
(b) Comparability of Adjustments.--
(1) In general.--Notwithstanding subsection (a), effective
as of the first day of the first applicable pay period
beginning after December 31, 2016, the percentage increase in
rates of basic pay for the statutory pay systems under sections
5344 and 5348 of title 5, United States Code, that takes place
in fiscal year 2017 shall be not less than the percentage
increase received by employees in the same pay locality whose
rates of basic pay are adjusted under sections 5303 and 5304 of
title 5, United States Code.
(2) Pay localities.--For the purposes of this subsection,
prevailing rate employees in localities where there are no
employees whose pay is increased pursuant to sections 5303 and
5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' under section
5304 of title 5, United States Code.
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