118 HR 5171 IH: Federal Employee Pay Compression Relief Act of 2023 U.S. House of Representatives 2023-08-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5171IN THE HOUSE OF REPRESENTATIVESAugust 8, 2023Ms. 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 concernedA BILLTo 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.

1.

Short title

This Act may be cited as the Federal Employee Pay Compression Relief Act of 2023.

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).