I
106TH CONGRESS
1ST SESSION
H. R. 3147
To amend title 5, United States Code, to alleviate the pay-compression prob-
lem affecting members of the Senior Executive Service and other senior-
level Federal employees, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 26, 1999
Mr. DAVIS of Virginia (for himself, Mr. MORAN of Virginia, Mrs. MORELLA,
Mr. WYNN, and Mr. WOLF) introduced the following bill; which was re-
ferred to the Committee on Government Reform
A BILL
To amend title 5, United States Code, to alleviate the pay-
compression problem affecting members of the Senior
Executive Service and other senior-level Federal employ-
ees, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INCREASE IN MAXIMUM RATES OF BASIC PAY
ALLOWABLE.
(a) FOR MEMBERS
OF
THE SENIOR EXECUTIVE
SERVICE.—Section 5382(b) of title 5, United States Code,
is amended by striking ‘‘level IV’’ and inserting ‘‘level II’’.
(b) FOR POSITIONS COVERED BY SECTION 5376.—
Section 5376(b)(1)(B) of title 5, United States Code, is
amended by striking ‘‘level IV’’ and inserting ‘‘level II’’.
(c) FOR CONTRACT APPEALS BOARD MEMBERS.—
Section 5372a(b)(1) of title 5, United States Code, is
amended by striking ‘‘level IV’’ and inserting ‘‘level II’’.
(d) FOR POSITIONS COVERED BY SECTION 5373.—
Section 5373 of title 5, United States Code, is amended
by striking ‘‘level IV’’ and inserting ‘‘level II’’.
(e) FOR POSITIONS COVERED BY SECTION 5306.—
Section 5306 of title 5, United States Code, is amended
by striking ‘‘level V’’ and inserting ‘‘level II’’.
SEC. 2. MODIFIED LIMITATIONS ON CERTAIN CASH PAY-
MENTS.
(a) 
LIMITATION
ON
LOCALITY-BASED
COM-
PARABILITY
PAYMENTS
FOR
SENIOR-LEVEL
POSI-
TIONS.—Section 5304(g)(2) of title 5, United States Code,
is amended by striking ‘‘level III of the Executive Sched-
ule’’ and inserting ‘‘the annual rate of salary under section
104 of title 3’’.
(b) LIMITATION
ON DIFFERENTIALS
AND OTHER
CASH PAYMENTS FOR SENIOR-LEVEL POSITIONS.—
(1) IN
GENERAL.—Section 5307 of title 5,
United States Code, is amended by redesignating
subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting after subsection (a)
the following:
‘‘(b)(1) In the case of an employee under paragraph
(2)—
‘‘(A) subsection (a) shall be applied—
‘‘(i) by substituting ‘the annual rate of sal-
ary under section 104 of title 3’ for ‘the annual
rate of basic pay payable for level I of the Exec-
utive Schedule’ in paragraph (1); and
‘‘(ii) by substituting ‘(other than section
5755)’ for ‘(other than section 5753, 5754, or
5755)’ in paragraph (2)(B); and
‘‘(B) subsection (c) shall not be applicable.
‘‘(2) This subsection applies with respect to any em-
ployee who—
‘‘(A) is a member of the Senior Executive Serv-
ice;
‘‘(B) is a member of the Federal Bureau of In-
vestigation and Drug Enforcement Administration
Senior Executive Service;
‘‘(C) holds a position that is subject to section
5372a (relating to contract appeals board members);
‘‘(D) holds a position that is subject to section
5376 (relating to certain senior-level positions); or
‘‘(E) holds the position of an examiner-in-chief
or designated examiner-in-chief in the Patent and
Trademark Office, Department of Commerce.’’.
(2) CONFORMING AMENDMENTS.—(A) Section
5307(d) of title 5, United States Code, as amended
by paragraph (1), is further amended by striking
‘‘subsection (b)’’ each place it appears and inserting
‘‘subsection (c)’’.
(B) Sections 3152 and 5383(b) of title 5,
United States Code, are amended by striking
‘‘5307’’ and inserting ‘‘5307(b)’’.
SEC. 3. EXAMINERS-IN-CHIEF AND DESIGNATED EXAM-
INERS-IN-CHIEF IN THE PATENT AND TRADE-
MARK OFFICE.
(a) BASIC PAY.—
(1) EXAMINERS-IN-CHIEF.—Section 3(c) of title
35, United States Code, is amended by striking ‘‘the
maximum scheduled rate provided for positions in
grade 17 of the General Schedule of the Classifica-
tion Act of 1949, as amended’’ and inserting ‘‘the
rate of basic pay payable for level II of the Execu-
tive Schedule’’.
(2) DESIGNATED
EXAMINERS-IN-CHIEF.—Sec-
tion 7(c) of title 35, United States Code, is amended
by striking ‘‘the maximum rate of basic pay payable