I 

108TH CONGRESS 

1ST SESSION H. R. 1676

To amend chapter 55 of title 5, United States Code, to exclude availability 

pay for Federal criminal investigators from the limitation on premium 

pay; to modify levels of special pay adjustments for Federal law enforcement officers in certain areas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2003

Mr. ROGERS of Michigan (for himself, Mrs. JO ANN DAVIS of Virginia, and 

Mrs. EMERSON) introduced the following bill; which was referred to the 

Committee on Government Reform 

A BILL

To amend chapter 55 of title 5, United States Code, to 

exclude availability pay for Federal criminal investigators 

from the limitation on premium pay; to modify levels 

of special pay adjustments for Federal law enforcement 

officers in certain areas, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Law Enforce5 ment Officers Pay Equity and Reform Act’’. 
2

•HR 1676 IH 

1 SEC. 2. LIMITATION ON PREMIUM PAY. 

2 (a) IN GENERAL.—Section 5547 of title 5, United 

3 States Code, is amended—

4 (1) in subsection (a), by striking ‘‘5545a,’’; 

5 (2) in subsection (c), by striking ‘‘or 5545a’’; 

6 and 

7 (3) in subsection (d), by striking the period and 

8 inserting ‘‘or a criminal investigator who is paid 

9 availability pay under section 5545a.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect as if included in the enact12 ment of section 1114 of the National Defense Authoriza13 tion Act for Fiscal Year 2002 (Public Law 107–107; 115 

14 Stat. 1239). 

15 SEC. 3. SPECIAL PAY ADJUSTMENTS FOR FEDERAL LAW 

16 ENFORCEMENT OFFICERS IN CERTAIN 

17 AREAS. 

18 (a) IN GENERAL.—Section 404(b)(1) of the Federal 

19 Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 

20 5305 note) is amended by striking the matter after the 

21 semicolon and inserting the following:

‘‘Area Differential 

Boston-Lawrence-Salem, MA-NH Consolidated Metropolitan 

Statistical Area ........................................................................ 24.4%

Chicago-Gary-Lake County, IL-IN-WI Consolidated Metropolitan Statistical Area .................................................................. 24.5%

Detroit-Ann Arbor-Flint, MI ....................................................... 18.5%

Hartford, CT ............................................................................... 20.3%

Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan 

Statistical Area ........................................................................ 27.1%
3

•HR 1676 IH 

‘‘Area Differential 

New York-Northern New Jersey-Long Island, NY-NJ-CT Consolidated Metropolitan Statistical Area ................................... 26.1%

Philadelphia-Wilmington-Trenton PA-NJ-DE-MD Consolidated 

Metropolitan Statistical Area ................................................... 20.3%

Portland-Salem, OR-WA ............................................................. 18.5%

Sacramento-Yolo, CA ................................................................... 21%

San Diego, CA Metropolitan Statistical Area ............................. 27.1%

San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area .................................................................. 32.03%

Seattle-Tacoma-Bremerton, WA .................................................. 27.5%

Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan Statistical Area ............................................................ 24.3%’’.

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply with respect to pay for service per3 formed in pay periods beginning on or after the date of 

4 the enactment of this Act. 

5 SEC. 4. SEPARATE PAY, EVALUATION, AND PROMOTION 

6 SYSTEM FOR FEDERAL LAW ENFORCEMENT 

7 OFFICERS. 

8 (a) STUDY.—Not later than 6 months after the date 

9 of the enactment of this Act, the Office of Personnel Man10 agement shall study and submit to Congress a report 

11 which shall contain its findings and recommendations re12 garding the need for, and the potential benefits to be de13 rived from, the establishment of a separate pay, evalua14 tion, and promotion system for Federal law enforcement 

15 officers. In carrying out this subsection, the Office of Per16 sonnel Management shall take into account the findings 

17 and recommendations contained in the September 1993 

18 report of the Office entitled ‘‘A Plan to Establish a New 
4

•HR 1676 IH 

1 Pay and Job Evaluation System for Federal Law Enforce2 ment Officers’’. 

3 (b) DEMONSTRATION PROJECT.—

4 (1) IN GENERAL.—If, after completing its re5 port under subsection (a), the Office of Personnel 

6 Management considers it to be appropriate, the Of7 fice shall implement, within 12 months after the 

8 date of the enactment of this Act, a demonstration 

9 project to determine whether a separate system for 

10 Federal law enforcement officers (as described in 

11 subsection (a)) would result in improved Federal 

12 personnel management. 

13 (2) APPLICABLE PROVISIONS.—Any demonstra14 tion project under this subsection shall be conducted 

15 in accordance with the provisions of chapter 47 of 

16 title 5, United States Code, except that a project 

17 under this subsection shall not be taken into account 

18 for purposes of the numerical limitation under sec19 tion 4703(d)(2) of such title. 

20 (3) PERMANENT CHANGES.—Not later than 6 

21 months before the demonstration project’s scheduled 

22 termination date, the Office of Personnel Manage23 ment shall submit to Congress—

24 (A) its evaluation of the system tested 

25 under the demonstration project; and 
5

•HR 1676 IH 

1 (B) recommendations as to whether or not 

2 that system (or any aspects of that system) 

3 should be continued or extended to other Fed4 eral law enforcement officers. 

5 (c) FEDERAL LAW ENFORCEMENT OFFICER DE6 FINED.—For purposes of this section, the term ‘‘Federal 

7 law enforcement officer’’ means a law enforcement officer 

8 as defined by section 8331 or 8401 of title 5, United 

9 States Code, and, subsection (b)(2) notwithstanding, in10 cludes any such officer serving in or under the Federal 

11 Bureau of Investigation.

Æ