I
107TH CONGRESS
1ST SESSION
H. R. 1262
To amend subchapter IV of chapter 53 of title 5, United States Code,
relating to prevailing rate systems for Federal employees.
IN THE HOUSE OF REPRESENTATIVES
MARCH 28, 2001
Mr. RODRIGUEZ introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To amend subchapter IV of chapter 53 of title 5, United
States Code, relating to prevailing rate systems for Fed-
eral employees.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Wage Worker
Pay Fairness Act of 2001’’.
SEC. 2. WAGE AREAS TO BE CONFORMED TO PAY LOCAL-
ITIES.
Paragraph (1) of section 5343(a) of title 5, United
States Code, is amended to read as follows:
HR 1262 IH
‘‘(1) the Office of Personnel Management shall
define the boundaries of local wage areas for pre-
vailing rate employees so as to be the same as the
boundaries of the respective pay localities under sec-
tion 5304(f) (including as from time to time modi-
fied), subject to such exceptions as the Office, with
the approval of the Federal Salary Council (de-
scribed in section 5304(e)), may find to be nec-
essary;’’.
SEC. 3. AGENCY RESPONSIBLE FOR CONDUCTING WAGE
RATE SURVEYS.
Paragraph (3) of section 5343(a) of title 5, United
States Code, is amended to read as follows:
‘‘(3) subject to paragraph (5), and subsections
(c)(1)–(3) and (d)—
‘‘(A) wage surveys under this section shall
be conducted by the same agency as is respon-
sible under section 5304(d)(1)(A) for con-
ducting surveys of pay localities; and
‘‘(B) the lead agency for a local wage area
shall, for purposes of the prevailing rate em-
ployees in that area, analyze wage survey data,
and develop and establish appropriate wage
schedules and rates;’’.
HR 1262 IH
SEC. 4. ANNUAL MINIMUM ADJUSTMENT.
(a) IN GENERAL.—Subsection (b) of section 5343 of
title 5, United States Code, is amended by striking ‘‘(b)’’
and inserting ‘‘(b)(1)’’, and by adding at the end the fol-
lowing:
‘‘(2)(A) Effective as of the first day of the first appli-
cable pay period beginning on or after January 1 of each
year, the rates of pay for the regular and special wage
schedules shall be adjusted (by the lead agency or by the
Office of Personnel Management, as appropriate) by the
percentage equal to the overall average percentage adjust-
ment taking effect on that same date, with respect to Gen-
eral Schedule positions within the pay locality cor-
responding (or, if none corresponds exactly, the pay local-
ity most nearly corresponding, as determined by such
agency or Office) to the local wage area involved, under
sections 5303 and 5304–5304a.
‘‘(B) Nothing in this paragraph shall prevent any ad-
justment in wage schedules from taking effect in a year,
under any other provisions of this section (based on a
wage survey or interim survey), to the extent that the ad-
justment taking effect under subparagraph (A) in such
year does not, with respect to the local wage area involved,
fully provide for the adjustment required under those
other provisions with respect to such year.
HR 1262 IH
‘‘(C) No provision of law enacted after the date of
the enactment of the Federal Wage Worker Pay Fairness
Act of 2001 may be held to supersede, repeal, or modify
this paragraph, except to the extent that it does so ex-
pressly.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) The first sentence of section 5343(a) of title 5, United
States Code, is amended by striking ‘‘rates.’’ and inserting
‘‘rates, subject to succeeding provisions of this section.’’.
(2) Section 5348 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(c) No provision of law enacted after the date of
the enactment of the Federal Wage Worker Pay Fairness
Act of 2001 may be held to supersede, repeal, or modify
this section, except to the extent that it does so ex-
pressly.’’.
SEC. 5. RESTORATION OF ‘‘MONRONEY AMENDMENT’’ PRO-
TECTIONS.
(a) IN GENERAL.—Paragraph (2) of section 5343(d)
of title 5, United States Code, is amended to read as fol-
lows:
‘‘(2) When the agency specified in subsection
(a)(3)(A) determines that there is a number of comparable
positions in private industry insufficient to establish the
wage schedules and rates, such agency shall establish the
HR 1262 IH
wage schedules and rates to be applicable to prevailing
rate employees on the basis of—
‘‘(A) local private industry rates; and
‘‘(B) rates paid for comparable positions in pri-
vate industry in the nearest wage area that such
agency determines is most similar in the nature of
its population, employment, manpower, and industry
to the local wage area for which the wage survey is
being made.’’.
(b) CONFORMING AMENDMENT.—Section 5343(d)(1)
of title 5, United States Code, is amended by striking ‘‘A
lead agency, in making a wage survey,’’ and inserting ‘‘In
making a wage survey, the agency specified in subsection
(a)(3)(A)’’.
SEC. 6. PAY LOCALITY DEFINED.
Section 5342(a) of title 5, United States Code, is
amended by striking ‘‘and’’ at the end of paragraph (2),
by striking the period at the end of paragraph (3) and
inserting ‘‘; and’’, and by adding at the end the following:
‘‘(4) ‘pay locality’ has the meaning given that
term by section 5302.’’.
SEC. 7. CONVERSION RULES.
Rates of pay for employees subject to subchapter IV
of chapter 53 of title 5, United States Code, shall be ini-
tially adjusted, following the enactment of this Act, under
HR 1262 IH
conversion rules prescribed by the Office of Personnel
Management in consultation with the Federal Salary
Council (described in section 5304(e) of title 5, United
States Code).
SEC. 8. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this Act and the amendments made by this Act shall
take effect on October 1, 2001.
(b) REPORTING REQUIREMENTS.—The Federal Pre-
vailing Rate Advisory Committee (described in section
5347 of title 5, United States Code) shall submit to Con-
gress a written report—
(1) within 90 days after the date of the enact-
ment of this Act, describing any transfer of func-
tions or duties, and any administrative actions, that
will be required in order to implement this Act; and
(2) within 180 days after the date of the enact-
ment of this Act, describing—
(A) the extent to which the transfers and
actions described under paragraph (1) have oc-
curred; and
(B) to the extent that there remain any
transfers or actions (described under paragraph
HR 1262 IH
(1)) that have not yet occurred, the anticipated
timetable for their completion.
Æ