[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3147 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3147

To amend title 5, United States Code, to alleviate the pay-compression 
  problem affecting members of the Senior Executive Service and other 
        senior-level Federal employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 1999

    Mr. Davis of Virginia (for himself, Mr. Moran of Virginia, Mrs. 
 Morella, Mr. Wynn, and Mr. Wolf) introduced the following bill; which 
           was referred to the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to alleviate the pay-compression 
  problem affecting members of the Senior Executive Service and other 
        senior-level 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. INCREASE IN MAXIMUM RATES OF BASIC PAY ALLOWABLE.

    (a) For Members of the Senior Executive Service.--Section 5382(b) 
of title 5, United States Code, is amended by striking ``level IV'' and 
inserting ``level II''.
    (b) For Positions Covered by Section 5376.--Section 5376(b)(1)(B) 
of title 5, United States Code, is amended by striking ``level IV'' and 
inserting ``level II''.
    (c) For Contract Appeals Board Members.--Section 5372a(b)(1) of 
title 5, United States Code, is amended by striking ``level IV'' and 
inserting ``level II''.
    (d) For Positions Covered by Section 5373.--Section 5373 of title 
5, United States Code, is amended by striking ``level IV'' and 
inserting ``level II''.
    (e) For Positions Covered by Section 5306.--Section 5306 of title 
5, United States Code, is amended by striking ``level V'' and inserting 
``level II''.

SEC. 2. MODIFIED LIMITATIONS ON CERTAIN CASH PAYMENTS.

    (a) Limitation on Locality-Based Comparability Payments for Senior-
Level Positions.--Section 5304(g)(2) of title 5, United States Code, is 
amended by striking ``level III of the Executive Schedule'' and 
inserting ``the annual rate of salary under section 104 of title 3''.
    (b) Limitation on Differentials and Other Cash Payments for Senior-
Level Positions.--
            (1) In general.--Section 5307 of title 5, United States 
        Code, is amended by redesignating subsections (b) and (c) as 
        subsections (c) and (d), respectively, and by inserting after 
        subsection (a) the following:
    ``(b)(1) In the case of an employee under paragraph (2)--
            ``(A) subsection (a) shall be applied--
                    ``(i) by substituting `the annual rate of salary 
                under section 104 of title 3' for `the annual rate of 
                basic pay payable for level I of the Executive 
                Schedule' in paragraph (1); and
                    ``(ii) by substituting `(other than section 5755)' 
                for `(other than section 5753, 5754, or 5755)' in 
                paragraph (2)(B); and
            ``(B) subsection (c) shall not be applicable.
    ``(2) This subsection applies with respect to any employee who--
            ``(A) is a member of the Senior Executive Service;
            ``(B) is a member of the Federal Bureau of Investigation 
        and Drug Enforcement Administration Senior Executive Service;
            ``(C) holds a position that is subject to section 5372a 
        (relating to contract appeals board members);
            ``(D) holds a position that is subject to section 5376 
        (relating to certain senior-level positions); or
            ``(E) holds the position of an examiner-in-chief or 
        designated examiner-in-chief in the Patent and Trademark 
        Office, Department of Commerce.''.
            (2) Conforming Amendments.--(A) Section 5307(d) of title 5, 
        United States Code, as amended by paragraph (1), is further 
        amended by striking ``subsection (b)'' each place it appears 
        and inserting ``subsection (c)''.
            (B) Sections 3152 and 5383(b) of title 5, United States 
        Code, are amended by striking ``5307'' and inserting 
        ``5307(b)''.

SEC. 3. EXAMINERS-IN-CHIEF AND DESIGNATED EXAMINERS-IN-CHIEF IN THE 
              PATENT AND TRADEMARK OFFICE.

    (a) Basic Pay.--
            (1) Examiners-in-chief.--Section 3(c) of title 35, United 
        States Code, is amended by striking ``the maximum scheduled 
        rate provided for positions in grade 17 of the General Schedule 
        of the Classification Act of 1949, as amended'' and inserting 
        ``the rate of basic pay payable for level II of the Executive 
        Schedule''.
            (2) Designated examiners-in-chief.--Section 7(c) of title 
        35, United States Code, is amended by striking ``the maximum 
        rate of basic pay payable for grade GS-16 of the General 
        Schedule under section 5332 of title 5'' and inserting ``the 
        rate of basic pay payable for level II of the Executive 
        Schedule''.
    (b) Locality-Based Comparability Payments.--Paragraph (1) of 
section 5304(h) of title 5, United States Code, is amended by striking 
``and'' at the end of subparagraph (E), by redesignating subparagraph 
(F) as subparagraph (G), and by inserting after subparagraph (E) the 
following:
            ``(F) a position specified in section 5102(c)(23) (relating 
        to examiners-in-chief and designated examiners-in-chief in the 
        Patent and Trademark Office, Department of Commerce); and''.
    (c) Conforming Amendments.--(1)(A) Section 5304(g)(2)(A) of title 
5, United States Code, is amended by striking ``(A)-(E)'' and inserting 
``(A)-(F)''.
    (B) Section 5304(h)(2)(B)(i) of section 5304 of title 5, United 
States Code, is amended by striking ``(A) through (E)'' and inserting 
``(A) through (F)''.
    (2)(A) Section 5304(g)(2)(B) of title 5, United States Code, is 
amended by striking ``(h)(1)(F)'' and inserting ``(h)(1)(G)''.
    (B) Section 5304(h)(2)(B)(ii) of title 5, United States Code, is 
amended by striking ``paragraph (1)(F)'' and inserting ``paragraph 
(1)(G)''.
                                 <all>