I
107TH CONGRESS
2D SESSION
H. R. 4763
To amend chapter 55 of title 5, United States Code, to exclude availability
pay for criminal investigators from the limitation on premium pay; to
modify levels of special pay adjustments for Federal law enforcement
officers in certain cities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2002
Mr. ROGERS of Michigan (for himself, Mr. TOWNS, Mr. LINDER, and Mr. TOM
DAVIS of Virginia) introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To amend chapter 55 of title 5, United States Code, to
exclude availability pay for criminal investigators from
the limitation on premium pay; to modify levels of special
pay adjustments for Federal law enforcement officers
in certain cities, 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. SHORT TITLE.
This Act may be cited as the ‘‘Federal Law Enforce-
ment Officers Pay Equity and Reform Act’’.
SEC. 2. LIMITATION ON PREMIUM PAY.
(a) IN GENERAL.—Section 5547 of title 5, United
States Code, is amended—
(1) in subsection (a), by striking ‘‘5545a,’’;
(2) in subsection (c), by striking ‘‘or 5545a’’;
and
(3) in subsection (d), by striking the period and
inserting ‘‘or a criminal investigator who is paid
availability pay under section 5545a.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect as if included in the enact-
ment of section 1114 of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 115
Stat. 1239).
SEC. 3. SPECIAL PAY ADJUSTMENTS FOR FEDERAL LAW
ENFORCEMENT OFFICERS IN SELECT CITIES.
(a) IN GENERAL.—Section 404(b)(1) of the Federal
Law Enforcement Pay Reform Act of 1990 (5 U.S.C.
5305 note) is amended by striking the matter after the
semicolon and inserting the following:
‘‘Area
Differential
Boston-Lawrence-Salem, MA-NH Consolidated Metropolitan
Statistical Area ........................................................................
24.4%
Chicago-Gary-Lake County, IL-IN-WI Consolidated Metropoli-
tan Statistical Area ..................................................................
24.5%
Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan
Statistical Area ........................................................................
27.1%
New York-Northern New Jersey-Long Island, NY-NJ-CT Con-
solidated Metropolitan Statistical Area ...................................
26.1%
Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD Consolidated
Metropolitan Statistical Area ...................................................
20.3%
‘‘Area
Differential
San Francisco-Oakland-San Jose, CA Consolidated Metropoli-
tan Statistical Area ..................................................................
32.03%
San Diego, CA Metropolitan Statistical Area .............................
21.5%
Washington-Baltimore DC-MD-VA-WV Consolidated Metropoli-
tan Statistical Area ..................................................................
19.3%’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to pay periods begin-
ning on or after the date of the enactment of this Act.
SEC. 4. SEPARATE PAY, EVALUATION, AND PROMOTION
SYSTEM FOR FEDERAL LAW ENFORCEMENT
OFFICERS.
(a) STUDY.—Not later than 6 months after the date
of the enactment of this Act, the Office of Personnel Man-
agement shall study and submit to Congress a report
which shall contain its findings and recommendations re-
garding the need for, and the potential benefits to be de-
rived from, the establishment of a separate pay, evalua-
tion, and promotion system for Federal law enforcement
officers. In carrying out this subsection, the Office of Per-
sonnel Management shall take into account the findings
and recommendations contained in the September 1993
report of the Office entitled ‘‘A Plan to Establish a New
Pay and Job Evaluation System for Federal Law Enforce-
ment Officers’’.
(b) DEMONSTRATION PROJECT.—
(1) IN GENERAL.—If, after completing its re-
port under subsection (a), the Office of Personnel
Management considers it to be appropriate, the Of-
fice shall implement, within 12 months after the
date of the enactment of this Act, a demonstration
project to determine whether a separate system for
Federal law enforcement officers (as described in
subsection (a)) would result in improved Federal
personnel management.
(2) APPLICABLE PROVISIONS.—Any demonstra-
tion project under this subsection shall be conducted
in accordance with the provisions of chapter 47 of
title 5, United States Code, except that a project
under this subsection shall not be taken into account
for purposes of the numerical limitation under sec-
tion 4703(d)(2) of such title.
(3) PERMANENT CHANGES.—Not later than 6
months before the demonstration project’s scheduled
termination date, the Office of Personnel Manage-
ment shall submit to Congress—
(A) its evaluation of the system tested
under the demonstration project; and
(B) recommendations as to whether or not
that system (or any aspects of that system)
should be continued or extended to other Fed-
eral law enforcement officers.
(c) FEDERAL LAW ENFORCEMENT OFFICER DE-
FINED.—For purposes of this section, the term ‘‘Federal
law enforcement officer’’ means a law enforcement officer
as defined by section 8331 or 8401 of title 5, United
States Code.
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