To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust the percentage differentials payable to Federal law enforcement officers in certain high-cost areas, and for other

108th CONGRESS
1st Session

S. 985

To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust the percentage differentials payable to Federal law enforcement officers in certain high-cost areas, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 1, 2003

Mr. DODD (for himself, Ms. COLLINS, Mrs. CLINTON, Mr. CORZINE, Ms. CANTWELL, Mr. DURBIN, Mr. GRASSLEY, Mr. LEAHY, Ms. SNOWE, Mr. REED, Mr. BIDEN, Mrs. FEINSTEIN, Mr. SCHUMER, Mr. LIEBERMAN, Mr. WARNER, Mr. JOHNSON, Mrs. MURRAY, Mr. CARPER, Mr. KERRY, Mr. BAUCUS, Mr. REID, Mr. SARBANES, and Mr. JEFFORDS) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

A BILL

To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust the percentage differentials payable to Federal law enforcement officers in certain high-cost areas, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ADJUSTED DIFFERENTIALS.

(a) IN GENERAL- Paragraph (1) of section 404(b) of the Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by striking the matter after `follows:' and inserting the following:

`Area

Differential

Atlanta Consolidated Metropolitan Statistical Area

--16.82%

Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated Metropolitan Statistical Area

--24.42%

Chicago-Gary-Kenosha, IL-IN-WI Consolidated Metropolitan Statistical Area

--25.68%

Cincinnati-Hamilton, OH-KY-IN Consolidated Metropolitan Statistical Area

--21.47%

Cleveland Consolidated Metropolitan Statistical Area

--17.83%

Columbus Consolidated Metropolitan Statistical Area

--16.90%

Dallas Consolidated Metropolitan Statistical Area

--18.51%

Dayton Consolidated Metropolitan Statistical Area

--15.97%

Denver-Boulder-Greeley, CO Consolidated Metropolitan Statistical Area

--22.78%

Detroit-Ann Arbor-Flint, MI Consolidated Metropolitan Statistical Area

--25.61%

Hartford, CT Consolidated Metropolitan Statistical Area

--24.47%

Houston-Galveston-Brazoria, TX Consolidated Metropolitan Statistical Area

--30.39%

Huntsville Consolidated Metropolitan Statistical Area

--13.29%

Indianapolis Consolidated Metropolitan Statistical Area

--13.38%

Kansas City Consolidated Metropolitan Statistical Area

--14.11%

Los Angeles-Riverside-Orange County, CA Consolidated Metropolitan Statistical Area

--27.25%

Miami-Fort Lauderdale, FL Consolidated Metropolitan Statistical Area

--21.75%

Milwaukee Consolidated Metropolitan Statistical Area

--17.45%

Minneapolis-St. Paul, MN-WI Consolidated Metropolitan Statistical Area

--20.27%

New York-Northern New Jersey-Long Island, NY-NJ-CT-PA Consolidated Metropolitan Statistical Area

--27.11%

Orlando, FL Consolidated Metropolitan Statistical Area

--14.22%

Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD Consolidated Metropolitan Statistical Area

--21.03%

Pittsburgh Consolidated Metropolitan Statistical Area

--14.89%

Portland-Salem, OR-WA Consolidated Metropolitan Statistical Area

--20.96%

Richmond Consolidated Metropolitan Statistical Area

--16.46%

Sacramento-Yolo, CA Consolidated Metropolitan Statistical Area

--20.77%

San Diego, CA Consolidated Metropolitan Statistical Area

--22.13%

San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area

--32.98%

Seattle-Tacoma-Bremerton, WA Consolidated Metropolitan Statistical Area

--21.18%

St. Louis Consolidated Metropolitan Statistical Area

--14.69%

Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan Statistical Area

--19.48%

Rest of United States Consolidated Metropolitan Statistical Area

--14.19%'.

(b) SPECIAL RULES- For purposes of the provision of law amended by subsection (a)--

(1) the counties of Providence, Kent, Washington, Bristol, and Newport, RI, the counties of York and Cumberland, ME, and the city of Concord, NH, shall be treated as if located in the Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated Metropolitan Statistical Area; and

(2) members of the Capitol Police shall be considered to be law enforcement officers within the meaning of section 402 of the Federal Law Enforcement Pay Reform Act of 1990.

(1) shall take effect as if included in the Federal Law Enforcement Pay Reform Act of 1990 on the date of the enactment of such Act; and

(2) shall be effective only with respect to pay for service performed in pay periods beginning on or after the date of the enactment of this Act.

Subsection (b) shall be applied in a manner consistent with the preceding sentence.

SEC. 2. 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 Management shall study and submit to Congress a report which shall contain its findings and recommendations regarding the need for, and the potential benefits to be derived from, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. In carrying out this subsection, the Office of Personnel 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 Enforcement Officers'.

(b) DEMONSTRATION PROJECT-

(1) IN GENERAL- If, after completing its report under subsection (a), the Office of Personnel Management considers it to be appropriate, the Office 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 demonstration 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 section 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 Management 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 Federal law enforcement officers.

(c) FEDERAL LAW ENFORCEMENT OFFICER DEFINED- In this section, the term `Federal law enforcement officer' means a law enforcement officer as defined under section 8331(20) or 8401(17) of title 5, United States Code.

SEC. 3. 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 enactment of section 1114 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1239).

END