[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3506 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3506

   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

                             June 26, 2019

Mr. Cartwright introduced the following bill; which was referred to the 
                   Committee on Oversight and 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, 2019, 
                and ending on the normal effective date of the 
                applicable wage survey adjustment that is to take 
                effect in fiscal year 2019, 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, 2019, 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 2019 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 2019 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, 2018, 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, 2018, 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, 
        2018.
            (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, 2018, 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 2019 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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