[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5171 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5171
To remove cost-of-living adjustments and locality adjustment payments
from the calculation of certain limits on the pay of Federal employees,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 8, 2023
Ms. Norton (for herself, Mr. Connolly, Mr. Ivey, Mr. Raskin, and Mr.
Trone) introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committee on Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To remove cost-of-living adjustments and locality adjustment payments
from the calculation of certain limits on the pay of Federal employees,
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 ``Federal Employee Pay Compression
Relief Act of 2023''.
SEC. 2. FEDERAL EMPLOYEE COLA AND LOCALITY ADJUSTMENT PAY CAP REMOVAL.
(a) Title 5.--Title 5, United States Code, is amended--
(1) in section 5303, by amending subsection (f) to read as
follows:
``(f) Adjustments to the basic pay of an employee or for a position
under this section shall be disregarded when determining if the pay of
such employee or for such position exceeds a limit established under
this title on the total or maximum of such pay.'';
(2) in section 5304--
(A) by striking subsection (g); and
(B) by redesignating subsections (h) and (i) as
subsections (g) and (h), respectively;
(3) in section 5305(g)--
(A) by striking paragraph (2);
(B) by striking ``(1) The benefit'' and inserting
``The benefit''; and
(C) by striking ``paragraph (2) and'';
(4) in section 5306, by striking subsection (e);
(5) in section 5307(a)(2)--
(A) in subparagraph (B), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or'' ; and
(C) by adding at the end the following new
subparagraph:
``(D) section 5304.'';
(6) in section 5372(b)(4)--
(A) by striking ``Subject to paragraph (1)'' and
inserting ``(A) Subject to paragraph (1) and except as
provided by subparagraph (B)''; and
(B) by adding at the end the following new
subparagraph:
``(B) For the purposes of determining whether the rate of
basic pay for an administrative law judge meets the maximum
rate of basic pay payable under paragraph (1), any adjustments
under subparagraph (A) and any locality-based comparability
payment under section 5304 or similar payment shall be excluded
from the rate of basic pay of the administrative law judge.'';
(7) in section 5373--
(A) in subsection (b), by striking ``(including any
portion of such pay attributable to comparability with
private-sector pay in a locality)''; and
(B) by adding at the end the following new
subsection:
``(c) Any annual pay adjustment under section 5303 or similar
adjustment and any locality-based comparability payment under section
5304 or similar payment shall be excluded from--
``(1) the annual rate of basic pay for a position or
employee for the purposes of subsection (a); and
``(2) the pay of a civilian employee paid from
nonappropriated funds for the purposes of subsection (b).'';
(8) in section 5376(b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting after
``Executive Schedule'' the following: ``,
except that for the purpose of applying such
limitation, the rate of basic pay for a
position to which this section applies does not
include any adjustments under paragraph (2) or
any locality-based comparability payment under
section 5304 or similar payment''; and
(ii) by striking ``5306(e) or''; and
(B) in paragraph (2), by striking ``Subject to
paragraph (1), effective'' and inserting ``Effective'';
(9) in section 5377(d)(2) is amended--
(A) by striking ``Basic pay'' and inserting ``(A)
Basic pay''; and
(B) by adding at the end the following new
subparagraph:
``(B) For the purposes of subparagraph (A), the
rate of basic pay fixed under this section shall
exclude any annual pay adjustment under section 5303 or
similar adjustment and any locality-based comparability
payment under section 5304 or similar payment,
including any changes in the basic rate of pay for a
position made under the authority of this section to
account for such an adjustment or payment that would
have applied to such position if this section had never
been enacted.''; and
(10) in section 5382--
(A) in subsection (a), by striking ``5306(e) or'';
and
(B) by adding at the end the following new
subsection:
``(d) For the purposes of determining the highest rate of basic pay
payable for a position under this section, the rate of basic pay for
such position shall exclude the percentage of the pay of such position
that is equal to the percentage by which the pay of such position would
increase if, without regard to any limitation on the maximum rate of
basic pay for such position, such position was eligible for a locality-
based comparability payment under section 5304 in the same manner as a
position under the General Schedule that is in the same locality and
eligible for such a payment.''.
(b) Military Personnel.--Section 203(a) of title 37, United States
Code, is amended by adding at the end the following new paragraph:
``(3) For the purposes of determining the highest rate of
basic pay payable for an officer or enlisted member under
paragraph (2), the rate of basic pay for such officer or
enlisted member shall exclude--
``(A) any annual pay adjustment under section 1009
or similar adjustment; and
``(B) any locality-based comparability payment
under section 5304 of title 5 or similar payment.''.
(c) Other Pay Authorities.--
(1) In general.--Except as otherwise provided in paragraph
(2) and notwithstanding any other provision of law, when
determining if the pay of the employee meets a Federal pay
limit, the following shall be disregarded:
(A) Any portion of the basic pay of the employee
that is attributable to an annual pay adjustment under
section 5303 of title 5, United States Code, or a
similar adjustment.
(B) Any portion of the basic pay of the employee
that is attributable to a locality-based comparability
payment under section 5304 of title 5, United States
Code, or a similar payment.
(2) Exceptions.--Paragraph (1) does not apply with respect
to a Federal pay limit to the extent otherwise provided in--
(A) this Act;
(B) the amendments made by this Act; or
(C) a law that excludes the applicability of
paragraph (1) with respect to such Federal pay limit by
specific reference to this subsection.
(3) Definitions.--In this subsection:
(A) Employee.--The term ``employee'' means an
individual holding an appointive position in the
executive branch, other than a position in a uniformed
service (as such term is defined in section 2101 of
title 5, United States Code).
(B) Federal pay limit.--The term ``Federal pay
limit'' means a limit on the maximum or total pay
payable to an employee that is--
(i) determined based on--
(I) a rate of pay, including a
maximum rate of pay, or pay scale
established by or under title 5, United
States Code; or
(II) the rate of pay established
under section 104 of title 3, United
States Code; and
(ii) established by or pursuant to a law or
regulation.
(C) Pay.--The term ``pay'' means amounts paid by
the Federal Government to an employee as compensation
for services performed as an employee.
(d) Conforming Amendments.--
(1) Section 733(a)(3)(A) of title 31, United States Code,
is amended by inserting after ``of title 5'' the following: ``,
except that for the purpose of applying such limitation on the
maximum rate, subsection (d) of such section does not apply'';
(2) Section 3(b) of title 35, United States Code, is
amended--
(A) in paragraph (2)(B), by striking ``, including
any applicable locality-based comparability payment
that may be authorized under section 5304(h)(2)(C) of
title 5''; and
(B) in paragraph (6), by striking ``section 5306(e)
or''.
(3) Section 14306(a)(2) of title 40, United States Code, is
amended by striking ``, including any applicable locality-based
comparability payment that may be authorized under section
5304(h)(2)(C) of title 5)''.
(4) Section 15301(d)(1) of title 40, United States Code, is
amended by striking ``, including any applicable locality-based
comparability payment that may be authorized under section
5304(h)(2)(C) of that title''.
(5) Section 382B(h)(5)(A)(ii) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009aa-1(h)(5)(A)(ii)) is
amended by striking ``, including any applicable locality-based
comparability payment that may be authorized under section
5304(h)(2)(C) of that title''.
(6) Section 383A(h)(5)(A)(ii) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009bb-1(h)(5)(A)(ii)) is
amended by striking ``, including any applicable locality-based
comparability payment that may be authorized under section
5304(h)(2)(C) of that title''.
(7) Section 141 of the Higher Education Act of 1965 (20
U.S.C. 1018) is amended--
(A) in subsection (d)(5)(A), by striking ``,
including any applicable locality-based comparability
payment that may be authorized under section
5304(h)(2)(B) of such title''; and
(B) in subsection (e)(3)--
(i) in subparagraph (A), by striking ``,
including any applicable locality-based
comparability payment that may be authorized
under section 5304(h)(2)(C) of such title'';
and
(ii) in subparagraph (B), by striking ``,
including any applicable locality-based
comparability payment,''.
(8) Section 436(b) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17092(b)) is amended by striking ``,
including any applicable locality-based comparability payment
that may be authorized under section 5304(h)(2)(C) of that
title''.
(e) Annuity Shortfalls.--The Secretary of the Treasury shall pay
from the General Fund of the Treasury into the Civil Service Retirement
and Disability Fund established under section 8348 of title 5, United
States Code, the amount determined by the Director of the Office of
Personnel Management to be necessary to reimburse the Fund for any
estimated increase resulting from this Act or the amendments made by
this Act in--
(1) the unfunded liability of the Civil Service Retirement
and Disability Fund (as defined in section 8331 of title 5,
United States Code); and
(2) the supplemental liability of such Fund (as defined in
section 8401 of title 5, United States Code).
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