I

107TH CONGRESS

1ST SESSION H. R. 1824

To increase the rate of pay for certain offices and positions within the

executive and judicial branches of the Government, respectively, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 14, 2001

Mr. TOM DAVIS of Virginia introduced the following bill; which was referred

to the Committee on Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsquently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To increase the rate of pay for certain offices and positions

within the executive and judicial branches of the Government, respectively, 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. PROVISIONS RELATING TO CERTAIN OFFICES

4 AND POSITIONS WITHIN THE EXECUTIVE

5 BRANCH.

6 (a) SALARY OF THE VICE PRESIDENT.—

7 (1) IN GENERAL.—Section 104 of title 3,

8 United States Code, is amended—
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1 (A) by redesignating subsection (a) as sub2 section (a)(1) and subsection (b) as paragraph

3 (2); and

4 (B) by adding at the end the following:

5 ‘‘(b)(1)(A) Effective at the beginning of the first

6 month in which any comparability payment becomes pay7 able under section 5304 or 5304a of title 5 with respect

8 to General Schedule employees within the District of Co9 lumbia during any year, the per annum rate of salary of

10 the Vice President (exclusive of any previous adjustment

11 under this subsection) shall be adjusted by an amount,

12 rounded to the nearest multiple of $100 (or if midway be13 tween multiples of $100, to the next highest multiple of

14 $100) equal to the percentage of such per annum rate

15 which corresponds to the percentage adjustment becoming

16 so payable with respect to General Schedule employees

17 within the District of Columbia under such section 5304

18 or 5304a (as applicable).

19 ‘‘(B) If an adjustment under this subsection is sched20 uled to take effect on the same date as an adjustment

21 under subsection (a), the adjustment under subsection (a)

22 shall be made first.

23 ‘‘(2) The rate of salary of the Vice President, as ad24 justed under paragraph (1), shall for all purposes be treat25 ed as the rate of salary of the Vice President, except as
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1 otherwise provided in subsection (a), paragraph (1), or

2 any other provision of law.

3 ‘‘(3) Nothing in this subsection shall be considered

4 to permit or require the continuation of an adjustment

5 under paragraph (1) after the comparability payment (for

6 General Schedule employees within the District of Colum7 bia) on which it was based has been terminated or super8 seded.’’.

9 (2) CONFORMING AMENDMENTS.—Section 104

10 of title 3, United States Code, is amended—

11 (A) in the second sentence of subsection

12 (a)(1) (as so redesignated)—

13 (i) by striking ‘‘Subject to subsection

14 (b),’’ and inserting ‘‘Subject to paragraph

15 (2),’’; and

16 (ii) by inserting ‘‘(exclusive of any

17 previous adjustment under subsection (b))’’

18 after ‘‘the salary of the Vice President’’;

19 and

20 (B) in subsection (a)(2) (as so redesig21 nated), by striking ‘‘subsection (a)’’ and insert22 ing ‘‘paragraph (1)’’.

23 (b) EXECUTIVE SCHEDULE PAY RATES.—

24 (1) IN GENERAL.—Section 5318 of title 5,

25 United States Code, is amended—
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1 (A) by redesignating subsection (a) as sub2 section (a)(1) and subsection (b) as paragraph

3 (2); and

4 (B) by adding at the end the following:

5 ‘‘(b)(1)(A) Effective at the beginning of the first ap6 plicable pay period commencing on or after the first day

7 of the month in which any comparability payment becomes

8 payable under section 5304 or 5304a with respect to Gen9 eral Schedule employees within the District of Columbia

10 during any year, the annual rate of pay for positions at

11 each level of the Executive Schedule (exclusive of any pre12 vious adjustment under this subsection) shall be adjusted

13 by an amount, rounded to the nearest multiple of $100

14 (or if midway between multiples of $100, to the next high15 est multiple of $100) equal to the percentage of such an16 nual rate of pay which corresponds to the percentage ad17 justment becoming so payable with respect to General

18 Schedule employees within the District of Columbia under

19 such section 5304 or 5304a (as applicable).

20 ‘‘(B) If an adjustment under this subsection is sched21 uled to take effect on the same date as an adjustment

22 under subsection (a), the adjustment under subsection (a)

23 shall be made first.

24 ‘‘(2) An annual rate of pay, as adjusted under para25 graph (1), shall for all purposes be treated as the annual
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1 rate of pay for the positions involved, except as otherwise

2 provided in subsection (a), paragraph (1), or any other

3 provision of law.

4 ‘‘(3) Nothing in this subsection shall be considered

5 to permit or require the continuation of an adjustment

6 under paragraph (1) after the comparability payment (for

7 General Schedule employees within the District of Colum8 bia) on which it was based has been terminated or super9 seded.’’.

10 (2) CONFORMING AMENDMENTS.—Section 5318

11 of title 5, United States Code, is amended—

12 (A) in the first sentence of subsection

13 (a)(1) (as so redesignated)—

14 (i) by striking ‘‘Subject to subsection

15 (b),’’ and inserting ‘‘Subject to paragraph

16 (2),’’; and

17 (ii) by inserting ‘‘(exclusive of any

18 previous adjustment under subsection (b))’’

19 after ‘‘Executive Schedule’’; and

20 (B) in subsection (a)(2) (as so redesig21 nated), by striking ‘‘subsection (a)’’ and insert22 ing ‘‘paragraph (1)’’.

23 (c) AMENDMENTS RELATING TO CERTAIN LIMITA24 TION AND OTHER PROVISIONS.—
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1 (1) PROVISIONS TO BE APPLIED BY EXCLUDING

2 EXECUTIVE SCHEDULE COMPARABILITY ADJUST3 MENT.—Sections 5303(f), 5304(h)(1)(F), 5306(e),

4 and 5373(a) of title 5, United States Code, are each

5 amended by inserting ‘‘, exclusive of any adjustment

6 under section 5318(b)’’ after ‘‘Executive Schedule’’.

7 (2) LIMITATION ON CERTAIN PAYMENTS.—Sec8 tion 5307(a) of title 5, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(3) In the case of an employee who is receiving basic

11 pay under section 5372, 5376, or 5383, paragraph (1)

12 shall be applied by substituting ‘the annual rate of salary

13 of the Vice President of the United States’ for ‘the annual

14 rate of basic pay payable for level I of the Executive

15 Schedule’. Regulations under subsection (c) may extend

16 the application of the preceding sentence to other equiva17 lent categories of employees.’’.

18 (3) REFERENCES TO LEVEL IV OF THE EXECU19 TIVE SCHEDULE.—Sections 5372(b)(1)(C),

20 5372a(b)(1), 5376(b)(1)(B), and 5382(b) of title 5,

21 United States Code, are each amended by striking

22 ‘‘level IV’’ each place it appears and inserting ‘‘level

23 III’’.
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1 SEC. 2. PROVISIONS RELATING TO CERTAIN OFFICES AND

2 POSITIONS WITHIN THE JUDICIAL BRANCH.

3 (a) INCREASE IN MAXIMUM RATES OF BASIC PAY

4 ALLOWABLE.—

5 (1) FOR POSITIONS COVERED BY SECTION

6 604(a)(5) OF TITLE 28, UNITED STATES CODE.—Sec7 tion 604(a)(5) of title 28, United States Code, is

8 amended by striking ‘‘by law’’ and inserting ‘‘by law

9 (except that the rate of basic pay fixed under this

10 paragraph for any such employee may not exceed

11 the rate for level IV of the Executive Schedule)’’.

12 (2) FOR CIRCUIT EXECUTIVES.—Section

13 332(f)(1) of title 28, United States Code, is amend14 ed by striking ‘‘level IV of the Executive Schedule

15 under section 5315’’ and inserting ‘‘level III of the

16 Executive Schedule under section 5314’’.

17 (3) FOR PERSONNEL OF THE ADMINISTRATIVE

18 OFFICE OF THE UNITED STATES COURTS.—

19 (A) IN GENERAL.—Section 3(a) of the Ad20 ministrative Office of the United States Courts

21 Personnel Act of 1990 (Public Law 101–474;

22 28 U.S.C. 602 note) is amended—

23 (i) in paragraph (1), by striking ‘‘level

24 V’’ and inserting ‘‘level IV’’; and

25 (ii) in paragraph (10), by striking

26 ‘‘level IV’’ and inserting ‘‘level III’’.
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1 (B) PROVISIONS RELATING TO CERTAIN

2 ADDITIONAL POSITIONS.—Section 603 of title

3 28, United States Code, is amended by striking

4 ‘‘level IV of the Executive Schedule under sec5 tion 5315’’ and inserting ‘‘level III of the Exec6 utive Schedule under section 5314’’.

7 (b) SALARY OF THE DIRECTOR OF THE ADMINISTRA8 TIVE OFFICE OF THE UNITED STATES COURTS.—Section

9 603 of title 28, United States Code, is amended by strik10 ing ‘‘district’’ and inserting ‘‘circuit’’.

11 SEC. 3. EFFECTIVE DATE.

12 The amendments made by this Act shall be effective

13 with respect to pay periods beginning on or after the date

14 of the enactment of this Act.

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