I 

113TH CONGRESS 

1ST SESSION H. R. 3573 

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 

NOVEMBER 21, 2013 

Mr. CARTWRIGHT (for himself, Mr. COLE, Mr. BISHOP of Utah, Mr. 

LOEBSACK, Mr. CUMMINGS, Mr. WOLF, Mr. WITTMAN, Mr. LYNCH, Mrs. 

BUSTOS, Mr. AUSTIN SCOTT of Georgia, Mr. RUNYAN, Mr. CONNOLLY, 

Mr. FITZPATRICK, and Mr. PERLMUTTER) introduced the following bill; 

which was referred to the Committee on Oversight and Government 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. 

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

3 SECTION 1. ADJUSTMENTS TO RATES OF BASIC PAY OF 

4 PREVAILING RATE EMPLOYEES. 

5 (a) LIMITATION ON ADJUSTMENTS.— 


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1 (1) PREVAILING RATE EMPLOYEES OF AGEN2 CIES.—Notwithstanding any other provision of law, 

3 and except as otherwise provided in this section, a 

4 prevailing rate employee described in section 

5 5342(a)(2)(A) of title 5, United States Code, may 

6 not be paid— 

7 (A) during the period beginning on Janu8 ary 1, 2014, and ending on the normal effective 

9 date of the applicable wage survey adjustment 

10 that is to take effect in fiscal year 2014, in an 

11 amount that exceeds the rate payable for the 

12 applicable grade and step of the applicable wage 

13 schedule in accordance with such section; and 

14 (B) during the period beginning on the day 

15 after the end of the period described in sub16 paragraph (A) and ending on September 30, 

17 2014, in an amount that exceeds, as a result of 

18 a wage survey adjustment, the rate payable 

19 under subparagraph (A) by more than the sum 

20 of— 

21 (i) the percentage adjustment taking 

22 effect in fiscal year 2014 under section 

23 5303 of title 5, United States Code, in the 

24 rates of pay under the General Schedule; 

25 and 


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1 (ii) the difference between the overall 

2 average percentage of the locality-based 

3 comparability payments taking effect in 

4 fiscal year 2014 under section 5304 of 

5 such title (whether by adjustment or other6 wise), and the overall average percentage 

7 of such payments which was effective in 

8 the previous fiscal year under such section. 

9 (2) OTHER PREVAILING RATE EMPLOYEES.— 

10 Notwithstanding any other provision of law, no pre11 vailing rate employee described in subparagraph (B) 

12 or (C) of section 5342(a)(2) of title 5, United States 

13 Code, and no employee covered by section 5348 of 

14 such title, may be paid during the periods for which 

15 paragraph (1) is in effect at a rate that exceeds the 

16 rates that would be payable under paragraph (1) 

17 were paragraph (1) applicable to such employee. 

18 (3) EMPLOYEES PAID FROM NEW SCHED19 ULES.—For the purposes of this subsection, the 

20 rates payable to an employee who is covered by this 

21 subsection and who is paid from a schedule not in 

22 existence on September 30, 2013, shall be deter23 mined under regulations prescribed by the Office of 

24 Personnel Management. 


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1 (4) RATES OF PREMIUM PAY.—Notwithstanding 

2 any other provision of law, rates of premium pay for 

3 employees subject to this subsection may not be 

4 changed from the rates in effect on September 30, 

5 2013, except to the extent determined by the Office 

6 of Personnel Management to be consistent with the 

7 purpose of this subsection. 

8 (5) PERIOD COVERED.—This subsection shall 

9 apply with respect to pay for service performed on 

10 or after the first day of the first applicable pay pe11 riod beginning after December 31, 2013. 

12 (6) TREATMENT UNDER OTHER LAWS.—For 

13 the purpose of administering any provision of law 

14 (including any rule or regulation that provides pre15 mium pay, retirement, life insurance, or any other 

16 employee benefit) that requires any deduction or 

17 contribution, or that imposes any requirement or 

18 limitation on the basis of a rate of salary or basic 

19 pay, the rate of salary or basic pay payable after the 

20 application of this subsection shall be treated as the 

21 rate of salary or basic pay. 

22 (7) LIMITATIONS.—Nothing in this subsection 

23 shall be considered to permit or require the payment 

24 to any employee covered by this subsection at a rate 


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1 in excess of the rate that would be payable were this 

2 subsection not in effect. 

3 (8) EXCEPTIONS.—The Office of Personnel 

4 Management may provide for exceptions to the limi5 tations imposed by this subsection if the Office de6 termines that such exceptions are necessary to en7 sure the recruitment or retention of qualified em8 ployees. 

9 (b) COMPARABILITY OF ADJUSTMENTS.— 

10 (1) IN GENERAL.—Notwithstanding subsection 

11 (a), effective as of the first day of the first applica12 ble pay period beginning after December 31, 2013, 

13 the percentage increase in rates of basic pay for the 

14 statutory pay systems under sections 5344 and 5348 

15 of title 5, United States Code, that takes place in 

16 fiscal year 2014 shall be not less than the percent17 age increase received by employees in the same pay 

18 locality whose rates of basic pay are adjusted under 

19 sections 5303 and 5304 of title 5, United States 

20 Code. 

21 (2) PAY LOCALITIES.—For the purposes of this 

22 subsection, prevailing rate employees in localities 

23 where there are no employees whose pay is increased 

24 pursuant to sections 5303 and 5304 of title 5, 

25 United States Code, and prevailing rate employees 


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1 described in section 5343(a)(5) of title 5, United 

2 States Code, shall be considered to be located in the 

3 pay locality designated as ‘‘Rest of United States’’ 

4 under section 5304 of title 5, United States Code. 

Æ 


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