[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 985 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 985

 To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust 
    the percentage differentials payable to Federal law enforcement 
      officers in certain high-cost areas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2003

  Mr. Dodd (for himself, Ms. Collins, Mrs. Clinton, Mr. Corzine, Ms. 
Cantwell, Mr. Durbin, Mr. Grassley, Mr. Leahy, Ms. Snowe, Mr. Reed, Mr. 
  Biden, Mrs. Feinstein, Mr. Schumer, Mr. Lieberman, Mr. Warner, Mr. 
Johnson, Mrs. Murray, Mr. Carper, Mr. Kerry, Mr. Baucus, Mr. Reid, Mr. 
 Sarbanes, and Mr. Jeffords) introduced the following bill; which was 
    read twice and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust 
    the percentage differentials payable to Federal law enforcement 
      officers in certain high-cost areas, 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. ADJUSTED DIFFERENTIALS.

    (a) In General.--Paragraph (1) of section 404(b) of the Federal Law 
Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by 
striking the matter after ``follows:'' and inserting the following:

          ``Area                                           Differential
        Atlanta Consolidated Metropolitan Statistical Area.     16.82% 
        Boston-Worcester-Lawrence, MA-NH-ME-CT-RI               24.42% 
            Consolidated Metropolitan Statistical Area.
        Chicago-Gary-Kenosha, IL-IN-WI Consolidated             25.68% 
            Metropolitan Statistical Area.
        Cincinnati-Hamilton, OH-KY-IN Consolidated              21.47% 
            Metropolitan Statistical Area.
        Cleveland Consolidated Metropolitan Statistical         17.83% 
            Area.
        Columbus Consolidated Metropolitan Statistical Area     16.90% 
        Dallas Consolidated Metropolitan Statistical Area..     18.51% 
        Dayton Consolidated Metropolitan Statistical Area..     15.97% 
        Denver-Boulder-Greeley, CO Consolidated                 22.78% 
            Metropolitan Statistical Area.
        Detroit-Ann Arbor-Flint, MI Consolidated                25.61% 
            Metropolitan Statistical Area.
        Hartford, CT Consolidated Metropolitan Statistical      24.47% 
            Area.
        Houston-Galveston-Brazoria, TX Consolidated             30.39% 
            Metropolitan Statistical Area.
        Huntsville Consolidated Metropolitan Statistical        13.29% 
            Area.
        Indianapolis Consolidated Metropolitan Statistical      13.38% 
            Area.
        Kansas City Consolidated Metropolitan Statistical       14.11% 
            Area.
        Los Angeles-Riverside-Orange County, CA                 27.25% 
            Consolidated Metropolitan Statistical Area.
        Miami-Fort Lauderdale, FL Consolidated Metropolitan     21.75% 
            Statistical Area.
        Milwaukee Consolidated Metropolitan Statistical         17.45% 
            Area.
        Minneapolis-St. Paul, MN-WI Consolidated                20.27% 
            Metropolitan Statistical Area.
        New York-Northern New Jersey-Long Island, NY-NJ-CT-     27.11% 
            PA Consolidated Metropolitan Statistical Area.
        Orlando, FL Consolidated Metropolitan Statistical       14.22% 
            Area.
        Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD      21.03% 
            Consolidated Metropolitan Statistical Area.
        Pittsburgh Consolidated Metropolitan Statistical        14.89% 
            Area.
        Portland-Salem, OR-WA Consolidated Metropolitan         20.96% 
            Statistical Area.
        Richmond Consolidated Metropolitan Statistical Area     16.46% 
        Sacramento-Yolo, CA Consolidated Metropolitan           20.77% 
            Statistical Area.
        San Diego, CA Consolidated Metropolitan Statistical     22.13% 
            Area.
        San Francisco-Oakland-San Jose, CA Consolidated         32.98% 
            Metropolitan Statistical Area.
        Seattle-Tacoma-Bremerton, WA Consolidated               21.18% 
            Metropolitan Statistical Area.
        St. Louis Consolidated Metropolitan Statistical         14.69% 
            Area.
        Washington-Baltimore, DC-MD-VA-WV Consolidated          19.48% 
            Metropolitan Statistical Area.
        Rest of United States Consolidated Metropolitan       14.19%''.
            Statistical Area.
    (b) Special Rules.--For purposes of the provision of law amended by 
subsection (a)--
            (1) the counties of Providence, Kent, Washington, Bristol, 
        and Newport, RI, the counties of York and Cumberland, ME, and 
        the city of Concord, NH, shall be treated as if located in the 
        Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated 
        Metropolitan Statistical Area; and
            (2) members of the Capitol Police shall be considered to be 
        law enforcement officers within the meaning of section 402 of 
        the Federal Law Enforcement Pay Reform Act of 1990.
    (c) Effective Date.--The amendment made by subsection (a)--
            (1) shall take effect as if included in the Federal Law 
        Enforcement Pay Reform Act of 1990 on the date of the enactment 
        of such Act; and
            (2) shall be effective only with respect to pay for service 
        performed in pay periods beginning on or after the date of the 
        enactment of this Act.
Subsection (b) shall be applied in a manner consistent with the 
preceding sentence.

SEC. 2. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR FEDERAL LAW 
              ENFORCEMENT OFFICERS.

    (a) Study.--Not later than 6 months after the date of the enactment 
of this Act, the Office of Personnel Management shall study and submit 
to Congress a report which shall contain its findings and 
recommendations regarding the need for, and the potential benefits to 
be derived from, the establishment of a separate pay, evaluation, and 
promotion system for Federal law enforcement officers. In carrying out 
this subsection, the Office of Personnel Management shall take into 
account the findings and recommendations contained in the September 
1993 report of the Office entitled ``A Plan to Establish a New Pay and 
Job Evaluation System for Federal Law Enforcement Officers''.
    (b) Demonstration Project.--
            (1) In general.--If, after completing its report under 
        subsection (a), the Office of Personnel Management considers it 
        to be appropriate, the Office shall implement, within 12 months 
        after the date of the enactment of this Act, a demonstration 
        project to determine whether a separate system for Federal law 
        enforcement officers (as described in subsection (a)) would 
        result in improved Federal personnel management.
            (2) Applicable provisions.--Any demonstration project under 
        this subsection shall be conducted in accordance with the 
        provisions of chapter 47 of title 5, United States Code, except 
        that a project under this subsection shall not be taken into 
        account for purposes of the numerical limitation under section 
        4703(d)(2) of such title.
            (3) Permanent changes.--Not later than 6 months before the 
        demonstration project's scheduled termination date, the Office 
        of Personnel Management shall submit to Congress--
                    (A) its evaluation of the system tested under the 
                demonstration project; and
                    (B) recommendations as to whether or not that 
                system (or any aspects of that system) should be 
                continued or extended to other Federal law enforcement 
                officers.
    (c) Federal Law Enforcement Officer Defined.--In this section, the 
term ``Federal law enforcement officer'' means a law enforcement 
officer as defined under section 8331(20) or 8401(17) of title 5, 
United States Code.

SEC. 3. LIMITATION ON PREMIUM PAY.

    (a) In General.--Section 5547 of title 5, United States Code, is 
amended--
            (1) in subsection (a), by striking ``5545a,'';
            (2) in subsection (c), by striking ``or 5545a''; and
            (3) in subsection (d), by striking the period and inserting 
        ``or a criminal investigator who is paid availability pay under 
        section 5545a.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of section 1114 of the National 
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 
Stat. 1239).
                                 <all>