I 

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. 

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.— 

6 (1) PREVAILING RATE EMPLOYEES OF AGEN7 CIES.—Notwithstanding any other provision of law, 

8 and except as otherwise provided in this section, a 


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1 prevailing rate employee described in section 

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

3 not be paid— 

4 (A) during the period beginning on Janu5 ary 1, 2019, and ending on the normal effective 

6 date of the applicable wage survey adjustment 

7 that is to take effect in fiscal year 2019, in an 

8 amount that exceeds the rate payable for the 

9 applicable grade and step of the applicable wage 

10 schedule in accordance with section 5343 of 

11 title 5, United States Code; and 

12 (B) during the period beginning on the day 

13 after the end of the period described in sub14 paragraph (A) and ending on September 30, 

15 2019, in an amount that exceeds, as a result of 

16 a wage survey adjustment, the rate payable 

17 under subparagraph (A) by more than the sum 

18 of— 

19 (i) the percentage adjustment taking 

20 effect in fiscal year 2019 under section 

21 5303 of title 5, United States Code, in the 

22 rates of pay under the General Schedule; 

23 and 

24 (ii) the difference between the overall 

25 average percentage of the locality-based 


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1 comparability payments taking effect in 

2 fiscal year 2019 under section 5304 of 

3 such title (whether by adjustment or other4 wise), and the overall average percentage 

5 of such payments which was effective in 

6 the previous fiscal year under such section. 

7 (2) OTHER PREVAILING RATE EMPLOYEES.— 

8 Notwithstanding any other provision of law, no pre9 vailing rate employee described in subparagraph (B) 

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

11 Code, and no employee covered by section 5348 of 

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

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

14 rates that would be payable under paragraph (1) 

15 were paragraph (1) applicable to such employee. 

16 (3) EMPLOYEES PAID FROM NEW SCHED17 ULES.—For the purposes of this subsection, the 

18 rates payable to an employee who is covered by this 

19 subsection and who is paid from a schedule not in 

20 existence on September 30, 2018, shall be deter21 mined under regulations prescribed by the Office of 

22 Personnel Management. 

23 (4) RATES OF PREMIUM PAY.—Notwithstanding 

24 any other provision of law, rates of premium pay 

25 under subchapter V of chapter 55 of title 5, United 


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1 States Code, for employees subject to this subsection 

2 may not be changed from the rates in effect on Sep3 tember 30, 2018, except to the extent determined by 

4 the Office of Personnel Management to be consistent 

5 with the purpose of this subsection. 

6 (5) PERIOD COVERED.—This subsection shall 

7 apply with respect to pay for service performed on 

8 or after the first day of the first applicable pay pe9 riod beginning after December 31, 2018. 

10 (6) TREATMENT UNDER OTHER LAWS.—For 

11 the purpose of administering any provision of law 

12 (including any rule or regulation that provides pre13 mium pay, retirement, life insurance, or any other 

14 employee benefit) that requires any deduction or 

15 contribution, or that imposes any requirement or 

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

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

18 application of this subsection shall be treated as the 

19 rate of salary or basic pay. 

20 (7) LIMITATIONS.—Nothing in this subsection 

21 shall be considered to permit or require the payment 

22 to any employee covered by this subsection at a rate 

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

24 subsection not in effect. 


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1 (8) EXCEPTIONS.—The Office of Personnel 

2 Management may provide for exceptions to the limi3 tations imposed by this subsection if the Office de4 termines that such exceptions are necessary to en5 sure the recruitment or retention of qualified em6 ployees. 

7 (b) COMPARABILITY OF ADJUSTMENTS.— 

8 (1) IN GENERAL.—Notwithstanding subsection 

9 (a), effective as of the first day of the first applica10 ble pay period beginning after December 31, 2018, 

11 the percentage increase in rates of basic pay for the 

12 statutory pay systems under sections 5344 and 5348 

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

14 fiscal year 2019 shall be not less than the percent15 age increase received by employees in the same pay 

16 locality whose rates of basic pay are adjusted under 

17 sections 5303 and 5304 of title 5, United States 

18 Code. 

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

20 subsection, prevailing rate employees in localities 

21 where there are no employees whose pay is increased 

22 pursuant to sections 5303 and 5304 of title 5, 

23 United States Code, and prevailing rate employees 

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

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


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

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

Æ 


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