[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1129 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1129

 To increase the rate of pay for certain offices and positions within 
 the executive and judicial branches of the Government, respectively, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2001

  Mr. Warner introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To increase the rate of pay for certain offices and positions within 
 the executive and judicial branches of the Government, respectively, 
                        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. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN 
              THE EXECUTIVE BRANCH.

    (a) Executive Schedule Pay Rates.--
            (1) In general.--Section 5318 of title 5, United States 
        Code, is amended--
                    (A) by redesignating subsection (a) as subsection 
                (a)(1) and subsection (b) as paragraph (2); and
                    (B) by adding at the end the following:
    ``(b)(1)(A) Effective at the beginning of the first applicable pay 
period commencing on or after the first day of the month in which any 
comparability payment becomes payable under section 5304 or 5304a with 
respect to General Schedule employees within the District of Columbia 
during any year, the annual rate of pay for positions at each level of 
the Executive Schedule (exclusive of any previous adjustment under this 
subsection) shall be adjusted by an amount, rounded to the nearest 
multiple of $100 (or if midway between multiples of $100, to the next 
highest multiple of $100) equal to the percentage of such annual rate 
of pay which corresponds to the percentage adjustment becoming so 
payable with respect to General Schedule employees within the District 
of Columbia under such section 5304 or 5304a (as applicable).
    ``(B) If an adjustment under this subsection is scheduled to take 
effect on the same date as an adjustment under subsection (a), the 
adjustment under subsection (a) shall be made first.
    ``(2) An annual rate of pay, as adjusted under paragraph (1), shall 
for all purposes be treated as the annual rate of pay for the positions 
involved, except as otherwise provided in subsection (a), paragraph 
(1), or any other provision of law.
    ``(3) Nothing in this subsection shall be considered to permit or 
require the continuation of an adjustment under paragraph (1) after the 
comparability payment (for General Schedule employees within the 
District of Columbia) on which it was based has been terminated or 
superseded.''.
            (2) Contract appeals board members.--Section 5372a of title 
        5, United States Code, is amended--
                    (A) in subsection (b)(2) by striking ``97 percent 
                of the rate under paragraph (1)'' and inserting ``no 
                less than 97 percent of the rate under paragraph (1)'';
                    (B) in subsection (b)(3) by striking ``94 percent 
                of the rate under paragraph (1)'' and inserting ``no 
                less than 94 percent of the rate under paragraph (1)''; 
                and
                    (C) by adding at the end the following:
    ``(d) Subject to subsection (b), effective at the beginning of the 
first applicable pay period commencing on or after the first day of the 
month in which an adjustment takes effect under section 5303 in the 
rates of basic pay under the General Schedule, each rate of basic pay 
for contract appeals board members shall be adjusted by an amount 
determined by the President to be appropriate.''.
            (3) Conforming amendments.--Section 5318 of title 5, United 
        States Code, is amended--
                    (A) in the first sentence of subsection (a)(1) (as 
                redesignated)--
                            (i) by striking ``Subject to subsection 
                        (b),'' and inserting ``Subject to paragraph 
                        (2),''; and
                            (ii) by inserting ``(exclusive of any 
                        previous adjustment under subsection (b))'' 
                        after ``Executive Schedule''; and
                    (B) in subsection (a)(2) (as redesignated), by 
                striking ``subsection (a)'' and inserting ``paragraph 
                (1)''.
    (b) Amendments Relating to Certain Limitation and Other 
Provisions.--
            (1) Provisions to be applied by excluding executive 
        schedule comparability adjustment.--Sections 5303(f), 
        5304(h)(1)(F), 5306(e), and 5373(a) of title 5, United States 
        Code, are each amended by inserting ``, exclusive of any 
        adjustment under section 5318(b)'' after ``Executive 
        Schedule''.
            (2) Limitation on certain payments.--Section 5307(a) of 
        title 5, United States Code, is amended by adding at the end 
        the following:
    ``(3) In the case of an employee who is receiving basic pay under 
section 5372a, 5376, or 5383, paragraph (1) shall be applied by 
substituting `the annual rate of salary of the Vice President of the 
United States' for `the annual rate of basic pay payable for level I of 
the Executive Schedule'. Regulations under subsection (c) may extend 
the application of the preceding sentence to other equivalent 
categories of employees.''.
            (3) References to level iv of the executive schedule.--
        Sections 5372(b)(1)(C), 5372a(b)(1), 5376(b)(1)(B), and 5382(b) 
        of title 5, United States Code, are each amended by striking 
        ``level IV'' each place it appears and inserting ``level III''.

SEC. 2. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE 
              JUDICIAL BRANCH.

    (a) Increase in Maximum Rates of Basic Pay Allowable.--
            (1) For positions covered by section 604(a)(5) of title 28, 
        united states code.--Section 604(a)(5) of title 28, United 
        States Code, is amended by striking ``by law'' and inserting 
        ``by law (except that the rate of basic pay fixed under this 
        paragraph for any such employee may not exceed the rate for 
        level IV of the Executive Schedule)''.
            (2) For circuit executives.--Section 332(f)(1) of title 28, 
        United States Code, is amended by striking ``level IV of the 
        Executive Schedule pay rates under section 5315'' and inserting 
        ``level III of the Executive Schedule pay rates under section 
        5314''.
            (3) For personnel of the administrative office of the 
        united states courts.--
                    (A) In general.--Section 3(a) of the Administrative 
                Office of the United States Courts Personnel Act of 
                1990 (28 U.S.C. 602 note) is amended--
                            (i) in paragraph (1), by striking ``level 
                        V'' and inserting ``level IV''; and
                            (ii) in paragraph (10), by striking ``level 
                        IV'' and inserting ``level III''.
                    (B) Provisions relating to certain additional 
                positions.--Section 603 of title 28, United States 
                Code, is amended by striking ``level IV of the 
                Executive Schedule under section 5315'' and inserting 
                ``level III of the Executive Schedule under section 
                5314''.
    (b) Salary of the Director of the Administrative Office of the 
United States Courts.--Section 603 of title 28, United States Code, is 
amended by striking ``district'' and inserting ``circuit''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall be effective with respect to 
pay periods beginning on or after the date of enactment of this Act.
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