FEDERAL EMPLOYEES PAY COMPARABILITY ACT OF 1990.

SEC. 529. FEDERAL EMPLOYEES PAY COMPARABILITY ACT OF 1990. SECTION 1. SHORT TITLE; RULES OF CONSTRUCTION. (a) Short Title.— This section, and the sections immediately following this section through section 412, inclusive, may be cited as the “Federal Employees Pay Comparability Act of 1990” (hereinafter in this section referred to as “FEPCA”). (b) Rules of Construction.— (1) Except as otherwise expressly provided, any reference (actual or implicit) in FEPCA (outside of this 104 STAT. 1428section) to “this Act” (or to any title, section, or other designated provision of “this Act”) shall be construed to be a reference to FEPCA (or the corresponding provision within FEPCA). (2) Except as otherwise expressly provided, any reference (actual or implicit) in any provision of this Act outside of FEPCA to “this Act” (or to any title, section, or other designated provision of “this Act”), and any reference made in any provision of law outside of this Act to the “Treasury, Postal Service and General Government Appropriations Act, 1991” (or to any title, section, or other designated provision of such Act), shall be construed disregarding the provisions of FEPCA. SEC. 2. TABLE OF CONTENTS.The table of contents for this Act is as follows: TABLE OF CONTENTS Sec. 1. Short title; rules of construction. Sec. 2. Table of contents. TITLE I— AMENDMENTS RELATING TO BASIC PAY Sec. 101. Annual adjustments to statutory pay rates; locality-based comparability adjustments; other matters. Sec. 102. Pay for positions above GS-15 and certain other positions. Sec. 103. Pay for critical positions. Sec. 104. Administrative law judges and contract appeals board members. Sec. 105. Special occupational pay systems. Sec. 106. Elimination of GS-11 threshold for new appointees to be paid above minimum rates. Sec. 107. Advances of pay. Sec. 108. Reemployment of retirees. Sec. 109. New pay structure for the police forces of the Bureau of Engraving and Printing and the United States Mint. Sec. 110. Compensation of standing trustees appointed under titles 11 and 28, United States Code. Sec. 111. Pay-for-performance labor-management committee. Sec. 112. Position titles in certain departments. Sec. 113. Director of the Census Bureau. TITLE II— AMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS Sec. 201. Time off from duty as an incentive award. Sec. 202. Uniform allowances. Sec. 203. Differential for physical hardship or hazard. Sec. 204. Exception from limitation on premium pay. Sec. 205. Health care positions. Sec. 206. Travel and transportation expenses for candidates and new appointees. Sec. 207. Performance-based cash awards. Sec. 208. Recruitment, relocation, and retention payments. Sec. 209. Staffing differentials. Sec. 210. Premium pay amendments. Sec. 211. Supervisory differentials. TITLE III— MISCELLANEOUS PROVISIONS Sec. 301. Budget Act compliance. Sec. 302. Interim geographic adjustments. Sec. 303. Pay rates for current employees. Sec. 304. Senior Biomedical Research Service. Sec. 305. Effective date. Sec. 306. Additional rule of construction. TITLE IV— FEDERAL LAW ENFORCEMENT PAY REFORM Sec. 401. Short title. Sec. 402. Definition. Sec. 403. Special rates for law enforcement officers. Sec. 404. Special pay adjustments for law enforcement officers in selected cities. Sec. 405. Same benefits for other law enforcement officers.104 STAT. 1429 Sec. 406. FBI New York Field Division. Sec. 407. Relocation payments. Sec. 408. Incentive bonus for foreign language capabilities. Sec. 409. Age for mandatory retirement. Sec. 410. Overtime rates. Sec. 411. Other premium pay. Sec. 412. Reporting requirement. TITLE I— AMENDMENTS RELATING TO BASIC PAY SEC. 101. ANNUAL ADJUSTMENTS TO STATUTORY PAY RATES; LOCALITY-BASED COMPARABILITY PAYMENTS; OTHER MATTERS. (a) Generally.— (1) Subchapter I of chapter 53 of title 5, United States Code, is amended to read as follows: “SUBCHAPTER I— PAY COMPARABILITY SYSTEM “§ 5301. Policy “It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that— “(1) there be equal pay for substantially equal work within each local pay area; “(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions; “(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and “(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated. “§ 5302. Definitions “For the purpose of this subchapter— “(1) the term ‘statutory pay system’ means a pay system under— “(A) subchapter III, relating to the General Schedule; “(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or “(C) chapter 73 of title 38, relating to the Veterans Health Services and Research Administration; “(2) the term ‘ECI’ means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; “(3) the ‘base quarter’ for any year is the 3-month period ending on September 30 of such year; “(4) the term ‘pay agent’ means the agent designated by the President under section 5304(d)(1); “(5) the term ‘locality’ or ‘pay locality’ means any locality, as established or modified under section 5304; “(6) the term ‘pay disparity’, as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to 104 STAT. 1430non-Federal workers for the same levels of work in the same locality; “(7) the term ‘comparability payment’ means a payment payable under section 5304; “(8) the term ‘rates of pay under the General Schedule’, ‘rates of pay for the General Schedule’, or ‘scheduled rates of basic pay’ means— “(A) the rates of basic pay set forth in the General Schedule; and “(B) in the case of an employee covered by the performance management and recognition system, the rates of basic pay under chapter 54; and “(9) the term ‘General Schedule position’ means any position to which subchapter III applies (including any position under the performance management and recognition system). “§ 5303. Annual adjustments to pay schedules “(a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). “(b) (1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall— “(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and “(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect. “(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures. “(3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government’s ability to recruit and retain well-qualified employees. “(c) The rates of basic pay that take effect under this section— “(1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and “(2) shall be printed in the Federal Register and the Code of Federal Regulations. 104 STAT. 1431 “(d) An increase in rates of basic pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335. “(e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action. “(f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability payment payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. “(g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate. “§ 5304. Locality-based comparability payments “(a) Pay disparities shall be identified and reduced as follows: “(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent. “(2) (A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year. “(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. “(3) Subject to paragraphs (4) and (5), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparative payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that— “(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than ⅖ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than ½ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less 104 STAT. 1432than ⅗ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than 7/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than ⅘ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than 9/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent; “(4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality’s pay disparity completely. “(b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining payable). “(c) (1) The amount of the comparability payment payable within any particular locality during a calendar year— “(A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and “(B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employee’s scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g). “(2) A comparability payment— “(A) shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and premium pay under subchapter V of chapter 55, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe; and “(B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section. “(3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303. “(4) (A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section. 104 STAT. 1433 “(B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(1)(A), be included within a pay locality. “(d) In order to carry out this section, the President shall— “(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 13 months before the start of the calendar year for purposes of which it is prepared), a report that— “(A) compares the rates of pay under the General Schedule with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate annual surveys that shall be conducted by the Bureau of Labor Statistics; “(B) based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability payments payable); “(C) makes recommendations for appropriate comparability payments, in conformance with applicable requirements of this section; and “(D) includes the views and recommendations submitted under subsection (e); “(2) after considering the report of his agent (including the views and recommendations referred to in subsection (e)(2)(C), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and “(3) transmit to Congress a report of the actions taken under paragraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C) which shall— “(A) identify each pay locality; “(B) specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agent’s most recent report under paragraph (1) (before and after taking into consideration any comparability payments payable); and “(C) indicate the size of the respective comparability payments (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year. “(e) (1) The President shall establish a Federal Salary Council of 9 members, of whom— “(A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and “(B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. 104 STAT. 1434Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347(a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council. “(2) The pay agent shall— “(A) provide for meetings with the Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding— “(i) the establishment or modification of pay localities; “(ii) the coverage of the annual survey conducted by the Bureau of Labor Statistics under subsection (d)(1)(A) (including, but not limited to, the occupations, establishment sizes, and industries, to be surveyed, and how pay localities are to be surveyed); “(iii) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and “(iv) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of this section; “(B) give thorough consideration to the views and recommendations of employee organizations not represented on the Council regarding the subjects in subparagraph (A)(i)-–iv); and “(C) include in its report to the President the views and recommendations submitted as provided in this subsection by the Council, by any member of the Council, and by employee organizations not represented on the Council. “(f) (1) The pay agent may provide for such pay localities as the pay agent considers appropriate, except that— “(A) each General Schedule position (excluding any outside the continental United States, as defined in section 5701(6)) shall be included with a pay locality; and “(B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers. “(2) (A) The establishment or modification of any such boundaries shall be effected by regulations which, notwithstanding subsection (a)(2) of section 553, shall be promulgated in accordance with the notice and comment requirements of such section. “(B) Judicial review of any regulation under this subsection shall be limited to whether or not it was promulgated in accordance with the requirements referred to in subparagraph (A). “(g) (1) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. “(2) For positions under subparagraphs (A)-(E) of subsection (h)(1), the applicable maximum under this subsection shall be level III of the Executive Schedule. 104 STAT. 1435 “(h) (1) For the purpose of this subsection, the term ‘position’ means— “(A) a position to which section 5376 applies (relating to certain senior-level positions); “(B) a Senior Executive Service position under section 3132; “(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151; “(D) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105); “(E) a position to which section 5372a applies (relating to contract appeals board members); and “(F) a position within an Executive agency not covered under any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) less than the rate payable for level V of the Executive Schedule; but does not include— “(i) a position to which subchapter IV applies (relating to prevailing rate systems); or “(ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions). “(2) (A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments. “(B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover— “(i) with respect to the positions under subparagraphs (A) through (E) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i) or (ii) of such paragraph); and “(ii) with respect to positions under paragraph (1)(F), such positions as may be considered appropriate (excluding any under clause (i) or (ii) of paragraph (1)). “(3) Comparability payments under this subsection— “(A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality; “(B) shall be payable, within the locality involved, for the entirety of each calendar year for which authority is granted by the President; “(C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to General Schedule positions within the same locality; and “(D) shall be subject to the applicable limitation under subsection (g). “(i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees. 104 STAT. 1436 “§ 5304a. Authority to fix an alternative level of comparability payments “(a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the level of comparability payments which would otherwise be payable under section 5304 in any year to be inappropriate, the President shall— “(1) prepare and transmit to Congress, at least 1 month before those comparability payments (disregarding this section) would otherwise become payable, a report describing the alternative level of payments which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and “(2) implement the alternative level of payments beginning on the same date as would otherwise apply, for the year involved, under section 5304. “(b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303(b) shall apply with respect to any decision to exercise any authority to fix an alternative level of comparability payments under this section. “§ 5305. Special pay authority “(a) Whenever the President finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped, due to any of the circumstances described in subsection (b), he may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of basic pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum pay rate prescribed by statute for the grade or level by more than 30 percent, and no rate may be established under this section (disregarding any amount payable under subsection (g)) in excess of the rate of basic pay payable for level V of the Executive Schedule. The President may authorize the exercise of the authority conferred on him by this section by the Office of Personnel Management or, in the case of individuals not subject to the provisions of this title governing appointment in the competitive service, by such other agency as he may designate. “(b) The circumstances referred to in subsection (a) are— “(1) rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved; “(2) the remoteness of the area or location involved; “(3) the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or “(4) any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) considers appropriate. 104 STAT. 1437 “(c) Authority under subsection (a) may be exercised with respect to positions paid under— “(1) a statutory pay system; or “(2) any other pay system established by or under Federal statute for civilian positions within the executive branch. “(d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the President or by such agency as he may designate. The actions and revisions have the force and effect of statute. “(e) An increase in a rate of basic pay established under this section is not an equivalent increase in pay within the meaning of section 5335. “(f) The rate of basic pay established under this section and received by an individual immediately before a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate. “(g) (1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of basic pay established under this section to such extent as the President (or his designated agency) considers appropriate, subject to paragraph (2) and subsection (h). “(2) Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. “(h) The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such individual (taking comparability payments under section 5304 into account) if this section had never been enacted. “§ 5306. Pay fixed by administrative action “(a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31— “(1) the rates of pay of— “(A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter; “(B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b-3 of title 40, and the Superintendent of Garages, House office buildings; and “(C) persons employed by the county committees established under section 590h(b) of title 16; and “(2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary 104 STAT. 1438allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1); may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate— “(i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay; “(ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or “(iii) in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303. “(b) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate. “(c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices. “(d) This section does not impair any authority under which rates of pay may be fixed by administrative action. “(e) Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. “§ 5307. Limitation on certain payments “(a) Except as otherwise permitted by or under law, no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause to the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year. “(b) (1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year. “(2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying the limitations under subsection (a) with respect to such calendar year. “(3) Paragraph (1) shall not apply to an amount if, or to the extent that, it is attributable to a payment the authority for which would derive from section 4505a(d), 5753(e), or 5754(e). 104 STAT. 1439 “(c) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section, including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by striking the matter relating to subchapter I and inserting the following new matter: “SUBCHAPTER I— PAY COMPARABILITY SYSTEM “Sec. “5301. Policy. “5302. Definitions. “5303. Annual adjustments to pay schedules. “5304. Locality-based comparability payments. “5304a. Authority to fix an alternative level of comparability payments. “5305. Special pay authority. “5306. Pay fixed by administrative action. “5307. Limitation on certain payments.”. (b) Technical and Conforming Amendments.—(1) Section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3963) is amended by striking “subchapter I of chapter 53” and inserting “section 5303”. (2) (A) Section 256(g)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(2)(A)) is amended by striking “5301(c)” and inserting “5302(1)”. (B) Section 732(b)(6) of title 31, United States Code, is amended by striking “5301(a)” and inserting “5301”. (3) (A) Section 3326(b)(2) of title 5, United States Code, is amended by striking “5303” and inserting “5305”. (B) Section 5363(a)(2) of title 5, United States Code, is amended by striking “5303 of this title;” and inserting “5305 of this title (or corresponding prior provision of this title);”. (C) Section 5405(f) of title 5, United States Code, is amended— (i) by striking “5303 of this title,” and inserting “5305 of this title (or corresponding prior provision of this title),”; and (ii) by striking “such section 5303.” and inserting “such section 5305 (or corresponding prior provision).”. (D) Section 325(b)(2) of title 31, United States Code, is amended by striking “(except section 5303),” and inserting “(except section 5305, or corresponding prior provision of such title),”. (E) Sections 5542(a), 5543, and 5545(c)(1) of title 5, United States Code, are amended by inserting after “GS–10” each place it occurs the following: “(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)”. (4) (A) Section 5318 of title 5, United States Code, is amended by striking “5305” and inserting “5303”. (B) Section 5382(c) of title 5, United States Code, is amended— (i) in the first sentence, by striking “5305” and inserting “5303”; and (ii) by striking the second sentence. (C) Section 5403(a) of title 5, United States Code, is amended by striking “5305” and inserting “5303”. (D) Section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended by striking “5305” and inserting “5303”. 104 STAT. 1440 (E) Section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a–1) is amended by striking “5305” each place it appears and inserting “5303”. (F) Section 5 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a–2) is amended— (i) in subsection (a) (in the matter before paragraph (1)), by striking “(a)” through “then” and inserting “(a) Whenever an adjustment under section 5303 becomes effective with respect to rates of pay under the General Schedule,”; (ii) in subsection (a)(1)(A), by striking “pay adjustment by the President);” and inserting “adjustment);”; and (iii) in subsection (a)(1) (in the matter after subparagraph (B)), by striking “pay adjustment made by the President;” and inserting “adjustment under such section 5303;”. (G) The provisions of House Resolution 1495, Ninety-fourth Congress (as enacted into law by section 115 of the Legislative Branch Appropriations Act, 1978 (2 U.S.C. 84a–1)) is amended by striking “5305” each place it appears and inserting “5303”. (H) Section 256(g)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(1)) is amended— (i) by inserting “(as increased by any amount payable under section 5304 of title 5, United States Code, or section 302 of the Federal Employees Pay Comparability Act of 1990)” after “any such statutory pay system”; and (ii) by striking “5305” and inserting “5303”. (I) Section 104 of title 3, United States Code, is amended by striking “5305” and inserting “5303”. (J) Section 461(a) of title 28, United States Code, is amended by striking “5305” and inserting “5303”. (K) Section 338A(g)(3) of the Public Health Service Act (42 U.S.C. 2541(g)(3)) is amended by striking “(as set forth in the report transmitted to the Congress under section 5305 of title 5, United States Code)” and inserting “(under section 5303 of title 5, United States Code)”. (5) The second proviso under the head “Senate Office Buildings” contained in the Legislative Branch Appropriation Act, 1972, as amended by Public Law 94–59 (40 U.S.C. 174j–8) is amended by striking “5307” and inserting “5306”. (6) (A) Section 5382(b) of title 5, United States Code, is amended by striking “5308” and inserting “5306(e)”. (B) Section 8431 of title 5, United States Code, is amended by striking “5308” and inserting “5303(e), 5304(g),”. (C) Section 9314 of title 10, United States Code, is amended by striking “5308” and inserting “5306(e)”. (7) Section 5383(b)(1) of title 5, United States Code, is amended by striking “5304(j),” after “4507,”. (8) (A) Section 207 of title 18, United States Code, as amended by section 101 of Public Law 101–194 (103 Stat. 1716) and section 2 of Public Law 101–280 (104 Stat. 149) is amended— (i) in subsection (c)(2) by striking subparagraph (A)(ii) and inserting the following: “(ii) employed in a position which is not referred to in clause (i) and for which the basic rate of pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or 104 STAT. 1441greater than the rate of basic pay payable for level V of the Executive Schedule;”; and (ii) in subsection (e) by striking paragraph (6) and inserting the following: “(6) Limitation on restrictions.— (A) The restrictions contained in paragraphs (2), (3), and (4) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee’s service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed. “(B) The restrictions contained in paragraph (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee’s service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the basic rate of pay payable for level V of the Executive Schedule.”. (B) The amendments made by subparagraph (A) take effect on January 1, 1991. (9) (A) Section 3132(a)(2) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18 of the General Schedule” and inserting “classified above GS–15 pursuant to section 5108”. (B) Section 3304a(a) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18)” and inserting “in a position classified above GS–15 pursuant to section 5108)”. (C) (i) Section 3324(a) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18” and inserting “classified above GS–15 pursuant to section 5108”. (ii) The heading for such section 3324 is amended by striking “at GS–16, 17, or 18” and inserting “to positions classified above GA-15”. (iii) The table of sections for chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3324 and inserting the following: “3324. Appointments to positions classified above GS–15.”. (D) Section 3405(b) of title 5, United States Code, is amended by striking “fixed for GS–16 of the General Schedule.” and inserting “payable under section 5376.”. (E) Section 3594(c)(1)(A) of title 5, United States Code, is amended by striking “at GS–15 or above of the General Schedule” and inserting “at GS–15 of the General Schedule or classified above GS- 15 pursuant to section 5108,”. (F) Section 5102(c)(25) of title 5, United States Code, is amended by striking “maximum rate for GS–18;” and inserting “rate for level V of the Executive Schedule;”. (G) Section 5109(b) of title 5, United States Code, is amended by striking “is classified at GS–18” through the period and inserting “shall be considered a position classified above GS–15 pursuant to section 5108.”. (H) Section 5373 of title 5, United States Code, is amended by striking “maximum rate for GS–18.” and inserting “rate for level IV of the Executive Schedule.”. 104 STAT. 1442 (I) The first sentence of section 5382(b) of title 5, United States Code, is amended by striking “for GS–16 of the General Schedule” and inserting “under section 5376”. (J) Section 5595(a)(2)(i) of title 5, United States Code, is amended— (i) by striking “employee, other” and inserting “employee (other”; (ii) by inserting “or an employee whose pay is fixed under section 5376)” before “whose rate”; and (iii) by striking “GS–18;” and inserting “the Executive Schedule;”. (K) Section 8476(d)(1) of title 5, United States Code, is amended by striking “grade GS–18 of the General Schedule” and inserting “level IV of the Executive Schedule”. (10) Section 3(b) of Public Law 92–298 and section 14(b) of Public Law 92–392 shall be treated as if (as of their respective dates of enactment) the phrase “to read as follows:” contained in each, had instead read “by striking the matter before subparagraph (A) and inserting the following:”. (c) Other References.— Until otherwise provided by law— (1) any reference in a provision of law (which is outside title 5, United States Code, and in effect immediately before this section takes effect, excluding any reference in a provision of law amended by this Act)— (A) (i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section 102(a)); (ii) to the minimum rate of pay for grade GS–16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section 102(a)); and (iii) to a rate of pay for grade GS–16 or 17 of the General Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS–15 pursuant to section 5108 of such title (as amended by section 102(b)(2)); and (B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section 302; and (2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with chapter 51 and subchapter III of chapter 53 of such title— (A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section 302; but (B) shall be considered to include authority under section 5376 of such title (as amended by section 102(a)), if applicable. (d) Regulations.— The Office of Personnel Management may prescribe regulations, consistent with subsection (c)(1)(B) and section 303, governing the conversion or adjustment of rates of pay, where necessary because of the abolishment of grades GS–16, 17, and 18 of the General Schedule. 104 STAT. 1443 (e) Sense of Congress.— It is the sense of the Congress that the total funds dedicated to adjustments under sections 5303 and 5304 for any year be no less than the total funds that would have been dedicated to adjustments under such section 5303 for such year had the full change in the ECI been applied to pay rates for such year. SEC. 102. PAY FOR POSITIONS ABOVE GS-15 AND CERTAIN OTHER POSITIONS. (a) In General.— (1) Subchapter VII of chapter 53 of title 5, United States Code, is amended by adding after section 5375 the following new section: “§ 5376. Pay for certain senior-level positions “(a) This section applies to— “(1) positions that are classified above GS-15 pursuant to section 5108; and “(2) scientific or professional positions established under section 3104; but does not apply to— “(A) any Senior Executive Service position under section 3132; or “(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. “(b) (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— “(A) not less than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and “(B) not greater than the rate of basic pay payable for level IV of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. “(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5375 the following new item: “5376. Pay for certain senior-level positions.”. (b) Amendments to Chapter 51 of Title 5, United States Code.— (1) Section 5104 of title 5, United States Code, is amended— (A) in the second sentence, by striking “18”; and (B) by striking paragraphs (16) through (18). (2) Section 5108 of title 5, United States Code, is amended to read as follows: “§ 5108. Classification of positions above GS–15 “(a) The Office of Personnel Management may, for any Executive agency— 104 STAT. 1444 “(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS-15; and “(2) establish standards and procedures (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS-15; “(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”. (c) Exclusion From Subchapter III of Chapter 53.— Section 5331(b) of title 5, United States Code, is amended to read as follows: “(b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.”. SEC. 103. PAY FOR CRITICAL POSITIONS. (a) In General.— Subchapter VII of chapter 53 of title 5, United States Code, is amended by section 102, is further amended by adding at the end the following new section: “§ 5377. Pay authority for critical positions “(a) For the purpose of this section— “(1) the term ‘agency’ has the meaning given it by section 5102; and “(2) the term ‘position’ means— “(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; “(B) a position under the Executive Schedule under sections 5312–5317; “(C) a position to which section 5372 applies (or would apply, but for this section); and “(D) a position to which section 5372a applies (or would apply, but for this section). “(b) Authority under this section— “(1) may be granted or exercised only with respect to a position— “(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and “(B) which is critical to the agency’s successful accomplishment of an important mission; and “(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. “(c) The Office of Management and Budget, in consultation with the Office of Personnel Management, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. “(d) (1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any 104 STAT. 1445comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted. “(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President. “(e) The authority to fix the rate of basic pay under this section for a position shall terminate— “(1) whenever the Office of Management and Budget determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or “(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year. “(f) The Office of Management and Budget may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II. “(g) The Office of Management and Budget shall consult with the Office of Personnel Management before prescribing regulations under this section or making any decision to grant or terminate any authority under this section. “(h) The Office of Management and Budget shall report to the Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include— “(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and “(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, as amended by section 102, is further amended by adding at the end the following new item: “5377. Pay authority for critical positions.”. SEC. 104. ADMINISTRATIVE LAW JUDGES AND CONTRACT APPEALS BOARD MEMBERS. (a) Pay Provisions.— (1) Section 5372 of title 5, United States Code, is amended to read as follows: “§ 5372. Administrative law judges “(a) For the purposes of this section, the term ‘administrative law judge’ means an administrative law judge appointed under section 3105. “(b) (1) There shall be 3 levels of basic pay for administrative law judges (designated as AL-1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the 104 STAT. 1446provisions of this section. The rates of basic pay for those levels shall be as follows: “AL–3, rate A 65 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate B 70 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate C 75 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate D 80 percent of the rate of baste pay for level IV of the Executive Schedule. “AL–3, rate E 85 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate F 90 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–2 95 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–1 The rate of basic pay for level IV of the Executive Schedule. “(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level. “(3) (A) Upon appointment to a position in AL-3, an administrative law judge shall be paid at rate A of AL-3, and shall be advanced successively to rates B, C, and D of that level upon completion of 52 weeks of service in the next lower rate, and to rates E and F of that level upon completion of 104 weeks of service in the next lower rate. “(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL-3 at an advanced rate under such circumstances as the Office may determine appropriate. “(c) The Office of Personnel Management shall, prescribe regulations necessary to administer this section.”. (2) Subchapter VII of chapter 53 of title 5, United States Code, is amended by inserting before section 5373 the following new section: “§ 5372a. Contract appeals board members “(a) For the purpose of this section— “(1) the term ‘contract appeals board member’ means a member of an agency board of contract appeals appointed under section 8 of the Contract Disputes Act of 1978; and “(2) the term ‘appeals board’ means an agency board of contract appeals established pursuant to section 8 of the Contract Disputes Act of 1978. “(b) Rates of basic pay for contract appeals board members shall be as follows: “(1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule. “(2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1). “(3) Other members of an appeals board—94 percent of the rate under paragraph (1). “(c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, is amended by inserting before the item relating to section 5373 the following new item: “5372a. Contract appeals board members.”. 104 STAT. 1447 (c) Amendments to 5 U.S.C. 5311.— Section 5311 of title 5, United States Code, is amended— (1) by striking subsection (b); and (2) in subsection (a), by striking “(a)”. (d) Technical and Conforming Amendments.— (1) Section 5102(c) of title 5, United States Code, is amended— (A) in paragraph (27), by striking “or”; (B) in paragraph (28), by striking the period and inserting a semicolon; and (C) by adding at the end the following new items: “(29) administrative law judges appointed under section 3105; or “(30) members of agency boards of contract appeals appointed under section 8 of the Contract Disputes Act of 1978.”. (2) Section 5335(a)(B) of title 5, United States Code, is amended by striking “, except an administrative law judge appointed under section 3105 of this title,”. (3) Section 428(b) of the Black Lung Benefits Act (30 U.S.C. 938(b)) is amended by striking the sentence beginning “Each administrative law judge presiding” and inserting “Each administrative law judge presiding under this section and under the provisions of titles I, II and III of this Act shall receive compensation at a rate determined under section 5372 of title 5, United States Code.”. (4) Section 8(b) of the Contract Disputes Act of 1978 is amended— (A) in paragraph (1), by striking the last 2 sentences thereof and inserting the following: “Compensation for the chairman, the vice chairman, and all other members of an agency board shall be determined under section 5372a of title 5, United States Code.”; and (B) in paragraph (2), by striking the last 2 sentences thereof and inserting the following: “The chairman and all other members of such board shall receive compensation, at the daily equivalent of the rates determined under section 5372a of title 5, United States Code, for each day they are engaged in the actual performance of their duties as members of the board.”. (e) Conversion Rule for ALJs.— In making initial pay adjustments for administrative law judges after this section and the amendments made by this section take effect, the rate of basic pay for any such judge shall, upon conversion to the new pay system, be at least equal to the rate which was payable to that individual immediately before such conversion. SEC. 105. SPECIAL OCCUPATIONAL PAY SYSTEMS. (a) In General.— (1) Chapter 53 of title 5, United States Code, is amended by inserting after subchapter VIII the following new subchapter: “SUBCHAPTER IX— SPECIAL OCCUPATIONAL PAY SYSTEMS “5391. Definitions. “5392. Establishment of special occupational pay systems. “§ 5391. Definitions “For the purposes of this subchapter, ‘agency’, ‘employee’, and ‘position’ have the meanings given them by section 5102. 104 STAT. 1448 “§ 5392. Establishment of special occupational pay systems “(a) Authority under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section). “(b) Subject to subsection (a), the President’s pay agent (as referred to in section 5304(d)) may establish one or more special occupational pay systems for any positions within occupations or groups of occupations that the pay agent determines, for reasons of good administration, should not be classified under chapter 51 or subject to subchapter III. “(c) In establishing special occupational pay systems, the pay agent shall— “(1) identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately; “(2) consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations; “(3) give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties; “(4) publish a proposed plan for determining the pay of such employees in the Federal Register; “(5) conduct one or more public hearings; “(6) provide each House of Congress with a report at least 90 days in advance of the date the system is to take effect setting forth the details of the proposed plan; and “(7) not later than 30 days before the date the system is to take effect, publish in the Federal Register the details of the final plan for the special occupational pay system. “(d) A special occupational pay system may not— “(1) provide for a waiver of any law, rule, or regulation that could not be waived under section 4703(c); or “(2) provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule. “(e) Subject to subsection (d)(2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding at the end the following new matter: “SUBCHAPTER IX— SPECIAL OCCUPATIONAL PAY SYSTEMS “Sec. “5391. Definitions. “5392. Establishment of special occupational pay systems.”. (b) Pay Retention.— (1) Section 5361(5) of title 5, United States Code, is amended by inserting “a special occupational pay system under subchapter IX,” before “or”. (2) Section 5363(a) of title 5, United States Code, is amended— (A) in paragraph (2), by striking “or” after the semicolon; (B) in paragraph (3), by inserting “or” after the semicolon; and (C) by inserting after paragraph (3) the following new paragraph: 104 STAT. 1449 “(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53;”. SEC. 106. ELIMINATION OF GS-11 THRESHOLD FOR NEW APPOINTEES TO BE PAID ABOVE MINIMUM RATES. Section 5333(a) of title 5, United States Code, is amended by striking “in GS-11 or above”. SEC. 107. ADVANCES OF PAY. (a) In General.— Subchapter III of chapter 55 of title 5, United States Code, is amended by inserting after section 5524 the following new section: “§ 5524a. Advance payments for new appointees “(a) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency. “(b) (1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed. “(2) The head of each agency shall provide for— “(A) the review of the account of each employee of the agency in receipt of any payment under this section; and “(B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee’s appointment during each period in the position to which appointed. “(c) An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employee’s estate by— “(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and “(2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.”. (b) Table of Sections.— The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5524 the following new item: “5524a. Advance payments for new appointees.”. SEC. 108. REEMPLOYMENT OF RETIREES. (a) Amendment to 5 U.S.C. 5532.— Section 5532 of title 5, United States Code, is amended by adding at the end the following new subsection:104 STAT. 1450 “(g) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).”. (b) Amendment to 5 U.S.C. 8344.— Section 8344 of title 5, United States Code, is amended by adding at the end the following new subsection; “(i) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of this chapter or chapter 84 while such waiver is in effect (c) Amendment to 5 U.S.C. 8468.— Section 8468 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(f) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise 104 STAT. 1451of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of chapter 83 or this chapter while such waiver is in effect”. SEC. 109. NEW PAY STRUCTURE FOR THE POLICE FORCES OF THE BUREAU OF ENGRAVING AND PRINTING AND THE UNITED STATES MINT. (a) Amendments.— (1) (A) Subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new section: “§ 5378. Police forces of the Bureau of Engraving and Printing and the United States Mint “(a) The Secretary of the Treasury shall fix the rates of basic pay for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint in accordance with the following: “(1) Entry-level police officer—not more than the maximum rate payable for GS-6. “(2) Journeyman-level police officer—not more than the maxi-mum rate payable for GS-7. “(3) Corporal—not more than the maximum rate payable for GS-8. “(4) Sergeant—not more than the maximum rate payable for GS-9. “(5) Lieutenant—not more than the maximum rate payable for GS-10. “(6) Deputy Inspector—not more than the maximum rate payable for GS-11. “(7) Inspector—not more than the maximum rate payable for GS-12. “(b) For the purpose of this section, the term ‘police forces of the Bureau of Engraving and Printing and the United States Mint’ means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.”. (B) The table of sections for subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new item: “5378. Police forces of the Bureau of Engraving and Printing and the United States Mint”. (2) Section 5102(c)(5) of title 5, United States Code, is amended— (A) by striking “and members” and inserting “members”; and (B) by adding “and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title;” after the last semicolon. (b) Special Pay Rates Not Affected.— Nothing in this section or in any amendment made by this section shall— (1) affect any special pay rate under section 5305 of title 5, United States Code, established before this section takes effect; or 104 STAT. 1452 (2) impair any authority to fix or adjust special pay rates under such section 5305 (or a succeeding provision of law) for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint. (c) Effective Date; Conversion and Savings Provisions.— (1) This section and the amendments made by this section shall become effective on the first day of the first applicable pay period beginning on or after the 30th day following the date of enactment of this Act. (2) (A) A special pay rate (as defined in subparagraph (B)) shall apply to an individual holding a position if— (i) as a result of the initial exercise of authority with respect to such position under the amendment made by subsection (a)(1)(A), such individual would (but for this paragraph) be paid— (I) at the step of the grade for which such special pay rate is then in effect; or (II) at a level which is between steps for which special pay rates are then in effect; and (ii) such position is within the area or location with respect to which that special pay rate or those special pay rates, as applicable, are then in effect. The Secretary of the Treasury shall prescribe regulations for determining which special pay rate shall apply in a situation described in clause (i)(II). (B) For the purpose of this paragraph, the term “special pay rate” means a rate which— (i) is established under section 5303 of title 5, United States Code (or a succeeding provision of law); (ii) is applicable to positions within the police forces of the Bureau of Engraving and Printing and the United States Mint; and (iii) has been in effect (including any adjustments under section 5303(d) of such title) since on or before the effective date of this section. (3) No rate of basic pay in effect immediately before this section takes effect shall be reduced by reason of the enactment of this section. SEC. 110. COMPENSATION OF STANDING TRUSTEES APPOINTED UNDER TITLES 11 AND 28, UNITED STATES CODE. (a) Compensation.— Section 586(e)(1)(A) of title 28, United States Code, is amended to read as follows: “(A) a maximum annual compensation for such individual consisting of— “(i) an amount not to exceed the highest annual rate of basic pay in effect for level V of the Executive Schedule; and “(ii) the cash value of employment benefits comparable to the employment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and”. (b) Application to All Standing Trustees.— The amendment made by subsection (a) shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99–54; 100 Stat. 3121) apply. 104 STAT. 1453 SEC. 111. PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE. (a) Policy.—It is the policy of Congress that— (1) the Federal Government should institute systems for determining pay for its General Schedule employees under which the linkage between their performance and their pay will be strengthened; (2) the design of such systems should be developed by the Office of Personnel Management, in conjunction with the Pay-for-Performance Labor-Management Committee; (3) the systems should provide flexibility to adapt to the different needs of different agencies and organizational components in the Federal Government; and (4) any legislation needed to implement the systems should be enacted in a timely fashion so as to permit implementation of the system by October 1, 1993. (b) Establishment.—The Office of Personnel Management shall establish a Pay-for-Performance Labor-Management Committee to advise the Office on the design and establishment of systems for strengthening the linkage between the performance of General Schedule employees and their pay. (c) Membership.—The members of the Committee shall be— (1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee’s education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively; (2) an employee of the Office of Personnel Management, designated by the Director of such Office; (3) an employee of the Department of Defense, designated by the Secretary of Defense; (4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and (5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (d) Pay for Members.—The Chairman shall be paid at a rate of basic pay for the Senior Executive Service, to be determined by the Director of the Office of Personnel Management. The members of the Committee who are otherwise employees of the Federal Government shall not receive any additional pay by reason of their service on the Committee. The members of the Committee who are not otherwise employees of the Federal Government shall not be paid for their service on the Committee and shall not be considered 104 STAT. 1454employees of the Federal Government for any purpose by reason of their service on the Committee. (e) Administrative Support.—The Office of Personnel Management may provide staff and administrative support for the Committee. (f) Functions.—The Committee shall review available reports and studies on performance evaluation and performance-based pay systems (including a report to be prepared by the National Academy of Sciences) and any other pertinent information. (g) Report to the Office of Personnel Management.—No later than 1 year after the date of enactment of this Act, the Committee shall submit a report to the Director of the Office of Personnel Management, which shall include recommendations as to— (1) the types of pay raises to be covered; (2) guidelines for pay-for-performance systems, including the criteria to be used in determining eligibility for and the amount of increases in basic pay above the midpoint of the pay range; (3) the role organization performance should play in pay-for-performance systems; (4) any differences in pay-for-performance systems for different categories of employees; (5) the role for employee organizations in the implementation and operation of pay-for-performance systems; and (6) whether demonstration projects on pay-for-performance are desirable. SEC. 112. POSITION TITLES IN CERTAIN DEPARTMENTS. (a) Change in Position Title.—(1) The position of Under Secretary of Health and Human Services, established by section 2 of Reorganization Plan No. 1 of 1953 (67 Stat. 631), is retitled the Deputy Secretary of Health and Human Services. (2) The Act of May 9, 1935 (49 Stat. 177, 43 U.S.C. 1452) is amended by striking “Under Secretary” and inserting “Deputy Secretary”. (3) The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended— (A) in section 104(3) (20 U.S.C. 3404(3)), by striking “Under Secretary” both places it appears and inserting “Deputy Secretary”; and (B) in section 202(a) (20 U.S.C. 3412(a))— (i) in the first sentence, by striking “an Under Secretary” and inserting “a Deputy Secretary”; and (ii) in subsequent sentences, by striking “Under Secretary” each place it appears and inserting “Deputy Secretary”. (4) The first sentence of section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)) is amended by striking “an Under Secretary” and inserting “a Deputy Secretary”. (b) Compensation of Deputy Secretaries.—Section 5313 of title 5, United States Code, is amended by adding at the end the following: “Deputy Secretary of Health and Human Services. “Deputy Secretary of the Interior. “Deputy Secretary of Education. “Deputy Secretary of Housing and Urban Development.”. (c) Construction of References.—Any reference in any statute, reorganization plan, regulation, executive order, or any document issued pursuant thereto in force on the date this section takes effect 104 STAT. 1455to the Under Secretary of Health and Human Services, the Under Secretary of the Interior, the Under Secretary of Education, or the Under Secretary of Housing and Urban Development shall be deemed to be a reference to the Deputy Secretary of Health and Human Services, the Deputy Secretary of the Interior, the Deputy Secretary of Education, or the Deputy Secretary of Housing and Urban Development, respectively. (d) Conforming Amendments.— Section 5314 of title 5, United States Code, is amended by striking the following: “Under Secretary of Health and Human Services. “Under Secretary of the Interior. “Under Secretary of Education. “Under Secretary of Housing and Urban Development.”. (e) Effective Date; Continued Service by Incumbents.— (1) This section shall take effect on the first day of the first pay period that begins on or after the date of enactment of this Act. (2) (A) The incumbent in the position of Under Secretary of Health and Human Services on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Health and Human Services at the pleasure of the President after such day. (B) The incumbent in the position of Under Secretary of the Interior on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of the Interior at the pleasure of the President after such day. (C) The incumbent in the position of Under Secretary of Education on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Education at the pleasure of the President after such day. (D) The incumbent in the position of Under Secretary of Housing and Urban Development on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Housing and Urban Development at the pleasure of the President after such day. SEC. 113. DIRECTOR OF THE CENSUS BUREAU. Title 5, United States Code, is amended— (1) in section 5316, by striking the item relating to the Director, Bureau of the Census, Department of Commerce; and (2) in section 5315, by adding at the end the following: “Director, Bureau of the Census, Department of Commerce.”. TITLE II— AMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS SEC. 201. TIME OFF FROM DUTY AS AN INCENTIVE AWARD. Section 4502 of title 5, United States Code, is amended by adding at the end the following new subsection: “(e) (1) Notwithstanding section 4501(2), for the purpose of this subsection, ‘employee’ includes an employee covered by the performance management and recognition system established under chapter 54. “(2) The Office of Personnel Management may by regulation permit agencies to grant employees time off from duty, without loss of pay or charge to leave, as an award in recognition of superior accomplishment or other personal effort that contributes to the quality, efficiency, or economy of Government operations.”. 104 STAT. 1456 SEC. 202. UNIFORM ALLOWANCES. (a) Amendments to Section 5901 of Title 5, United States Code.— Section 5901(a) of title 5, United States Code, is amended— (1) in the first sentence, by striking “an amount’ through the period and inserting “such sums as may be necessary to carry out this subchapter.”; and (2) by striking “$125 a year” each place it appears and inserting “$400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).”. (b) Amendments to Sections 5902 and 5903 of Title 5, United States Code.— Title 5, United States Code, is amended by striking sections 5902 and 5903 and inserting the following: “§ 5902. Increase in maximum uniform allowance “The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901. “§ 5903. Regulations “The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.”. SEC. 203. DIFFERENTIAL FOR PHYSICAL HARDSHIP OR HAZARD. Section 5545(D) of title 5, United States Code, is amended— (1) in the first sentence, by striking “irregular or intermittent”; and (2) in paragraph (1), by striking “thereof;” and inserting “thereof, except in such circumstances as the Office may by regulation prescribe;”. SEC. 204. EXCEPTION FROM LIMITATION ON PREMIUM PAY. Section 5547 of title 5, United States Code, is amended— (1) in subsection (a), by inserting after “GS-15” the following: “(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)”; and (2) by amending subsection (b) to read as follows: “(b) (1) Subject to regulations prescribed by the Office of Personnel Management, the first sentence of subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency which involves a direct threat to life or property, including a forest wildfire emergency. “(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) if, or to the extent that, the aggregate of such employee’s basic pay and premium pay under these provisions would, in any calendar year, exceed the maximum rate payable for GS-15 in effect at the end of such calendar year.”. SEC. 205. HEALTH CARE POSITIONS. (A) In General.— Section 5371 of title 5, United States Code, is amended to read as follows:104 STAT. 1457 “§ 5371. Health care positions “(a) For the purposes of this section, ‘health care’ means direct patient-care services or services incident to direct patient-care services. “(b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 73 of title 38 shall apply— “(1) in lieu of any provision of chapter 51 or 61, or any other provision of this chapter; or “(2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, or this chapter, relates. “(c) Authority under subsection (b) may be exercised with respect to any employee holding a position— (1) to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and (2) which involves health care responsibilities.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5371 and inserting the following: “5371. Health care positions.”. SEC. 206. TRAVEL AND TRANSPORTATION EXPENSES FOR CANDIDATES AND NEW APPOINTEES. (a) Interview Expenses.— (1) Chapter 57 of title 5, United States Code, is amended by inserting after section 5706a the following new section: “§ 5706b. Interview expenses “An individual being considered for employment by an agency may be paid travel or transportation expenses under this subchapter for travel to and from preemployment interviews determined necessary by the agency.”. (2) The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5706a the following new item: “5706b. Interview expenses.”. (b) Other Expenses.— Section 5723(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A), by striking “a position” through “shortage,” and inserting “any position,”; and (2) in subparagraph (C), by striking “the minimum rate of pay prescribed for GS-16; and” and inserting “the minimum rate of pay payable for a position classified above GS-15 pursuant to section 5108; and”. SEC. 207. PERFORMANCE-BASED CASH AWARDS. (a) In General.— Chapter 45 of title 5, United States Code, is amended by inserting after section 4505 the following new section: “§ 4505a. Performance-based cash awards “(a) (1) An employee whose most recent performance rating was at the fully successful level or higher (or the equivalent thereof) may be paid a cash award under this section. 104 STAT. 1458 “(2) (A) A cash award under this section shall be equal to an amount determined appropriate by the head of the agency, but may not be more than 10 percent of the employee’s annual rate of basic pay. Notwithstanding the preceding sentence, the agency head may authorize a cash award equal to an amount exceeding 10 percent of the employee’s annual rate of basic pay if the agency head determines that exceptional performance by the employee justifies such an award, but in no case may an award under this section exceed 20 percent of the employee’s annual rate of basic pay. “(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304. “(b) (1) A cash award under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. “(2) The failure to pay a cash award under this section, or the amount of such an award, may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(c) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) and (b). “(d) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (c) to prescribe any necessary regulations).”. (b) Table of Sections.—The table of sections for chapter 45 of title 5, United States Code, is amended by inserting after the item relating to section 4505 the following new item: “4505a. Performance-based cash awards.”. SEC. 208. RECRUITMENT. RELOCATION. AND RETENTION PAYMENTS. (a) In General.— Subchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following new sections: “§ 5753. Recruitment and relocation bonuses “(a) The Office of Personnel Management may authorize the head of an agency to pay a bonus to an employee who is newly appointed to a position under the General Schedule, or to an employee under the General Schedule or under any other pay authority in the executive, legislative, or judicial branch who must relocate to accept a position under the General Schedule, if the Office determines that the agency would be likely, in the absence of such a bonus, to encounter difficulty in filling the position. “(b) (1) (A) The amount of a bonus under this section shall be determined by regulations of the Office, but may not exceed 25 percent of the annual rate of basic pay of the position to which the employee is being appointed or relocated. “(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304. 104 STAT. 1459 “(2) Payment of a bonus under this section shall be contingent upon the employee entering into an agreement with the agency to complete a period of employment with the agency, with the required period determined pursuant to regulations of the Office. If the employee voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the employee shall repay the bonus on a pro rata basis. “(3) A bonus under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. “(4) Under regulations of the Office, a recruitment bonus may be paid to a newly-hired employee before the employee enters on duty. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘a position under the General Schedule’ or ‘an employee under the General Schedule’ shall be considered to be a reference to any position or employee to which subchapter III of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) through (c). “(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations). “§ 5754. Retention allowances “(a) The Office of Personnel Management may authorize the head of an agency to pay an allowance to an employee under the General Schedule if— “(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee’s services makes it essential to retain the employee; and “(2) the agency determines that the employee would be likely to leave in the absence of a retention allowance. “(b) (1) A retention allowance, which shall be stated as a percentage of the rate of basic pay (excluding any comparability payments under section 5304) of the employee, may not exceed 25 percent of such rate of basic pay. “(2) A retention allowance may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(3) A retention allowance shall be paid at the same time and in the same manner as the employee’s basic pay is paid. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘an employee under the General Schedule’ shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) through (c). 104 STAT. 1460 “(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).”. (b) Table of Sections.—The table of sections for chapter 57 of title 5, United States Code, is amended by adding after the item relating to section 5752 the following new items: “5753. Recruitment and relocation bonuses. “5754. Retention allowances. SEC. 209. STAFFING DIFFERENTIALS. (a) In General.— Effective on the first day of the first applicable pay period beginning on or after January 1, 1991, the President may establish staffing differentials equal to 5 percent of basic pay, which may be paid to each General Schedule employee whose position is in— (1) grade GS-5 or 7 of the General Schedule; or (2) a 2-grade-interval occupational series, as determined by the Office of Personnel Management. (b) Manner of Payment; Reduction or Elimination.— A staffing differential under this section— (1) shall be paid in the same manner and at the same time as the employee’s basic pay is paid, but may not be considered to be part of basic pay for any purpose; and (2) may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect, except that no such reduction or elimination shall have the effect of reducing the total amount of pay (determined by adding basic pay and staffing differential) which any employee is receiving. SEC. 210. PREMIUM PAY AMENDMENTS. Subchapter V of chapter 55 of title 5, United States Code, is amended— (1) in section 5542, by adding at the end the following new subsection: “(c) Subsection (a) shall not apply to an employee who is subject to the overtime pay provisions of section 7 of the Fair labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”; (2) in section 5543(a)(1), by inserting after “payment” the following: “under section 5542 or section 7 of the Fair Labor Standards Act of 1938”; and (3) in section 5544, by adding at the end of subsection (a) “This section, other than the sixth sentence, shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”. 104 STAT. 1461 SEC. 211. SUPERVISORY DIFFERENTIALS. (a) In General.— Subchapter IV of chapter 57 of title 5, United States Code, as amended by section 208, is further amended by adding at the end the following: “§ 5755. Supervisory differentials “(a) (1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee. “(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office. “(b) (1) A supervisory differential, which shall be stated as a percentage of the supervisory employee’s rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employee’s pay to exceed the pay of the highest paid subordinate employee by more than 3 percent. “(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(3) A supervisory differential shall be paid in the same manner and at the same time as the employee’s basic pay is paid. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘an employee under the General Schedule’ shall be considered to be a reference to any employee holding a position to which subchapter HI of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.”. (b) Technical and Conforming Amendments.— (1) Section 5333 of title 5, United States Code, is amended— (A) in the section heading, by striking “; higher rates for supervisors of prevailing rate employees”; (B) in subsection (a), by striking “(a)”; and (C) by striking subsection (b). (2) The table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5333 and inserting the following: “5333. Minimum rate for new appointments.”. TITLE III— MISCELLANEOUS PROVISIONS SEC. 301. BUDGET ACT COMPLIANCE. For purposes of the Congressional Budget Act of 1974, any authority to make payments under this Act or any amendment made by 104 STAT. 1462this Act shall be effective only to the extent provided for in advance in appropriation Acts. SEC. 302. INTERIM GEOGRAPHIC ADJUSTMENTS. (A) Definitions.— For the purpose of this section— (1) the term “area” means any consolidated metropolitan statistical area, primary metropolitan statistical area, or metropolitan statistical area, with at least 5,000 General Schedule employees; and (2) the term “pay relative” shall have the meaning given such term under regulations prescribed by the Bureau of Labor Statistics. (b) Authority.— (1) The President may establish geographic adjustments of up to 8 percent of basic pay which may be paid to each General Schedule employee (including an employee covered by the performance management and recognition system) whose duty station is within any area where such adjustment is needed (as determined under paragraph (2)). (2) In determining areas where an interim geographic adjustment is needed, the President shall consider available evidence of significant pay disparities, including BLS information on pay relatives and relevant commercial surveys, and recruitment or retention problems. (c) Administration.— (1) An adjustment under this section shall be administered, to the extent practicable, in the same manner as locality-based comparability payments under subchapter I of chapter 53 of title 5, United States Code (as amended by this Act), including in terms of— (A) the basic pay to which a percentage is applied in computing an amount payable under this section; (B) the purposes for which any amount under this section is to be considered part of basic pay; (C) the time and manner in which amounts under this section are to be paid (including any maximum rate limitation); and (D) the authority of the President, upon request of an agency head, to extend this section to employees who would not otherwise be covered. (2) No amount payable under this section shall be taken into account in any survey or computation under, or for any other purpose in the administration of, section 5304 of title 5, United States Code (as so amended). (c) Commencement and Termination Rules.— (1) The effective date of an adjustment under this section shall be as determined by the President, but not later than January 1, 1994. (2) (A) The size of any payments under this section may be reduced or terminated after the amendments made by section 101 of this Act take effect, except that the reduction or termination of a payment under this section may not have the effect of reducing, for the individual involved, the total rate at which additional forms of basic pay (as defined in subparagraph (B)) are payable to such individual. (B) The total rate to which subparagraph (A) applies is the sum of— (i) the rate at which comparability payments (under section 5304 of title 5, United States Code, as amended by such Act) are payable; and (ii) the rate at which payments under this section are payable. 104 STAT. 1463 (d) Employees Receiving Special Pay Rates.— The President (or his designated agent) shall determine what, if any, geographic adjustment shall be payable under this section in the case of an employee whose rate of pay is fixed under section 5303 of title 5, United States Code, as in effect before the date of enactment of this Act. (e) Effective Date.— This section shall take effect on the date of enactment of this Act. SEC. 303. PAY RATES FOR CURRENT EMPLOYEES. Nothing in this Act or in any amendment made by this Act shall have the effect of diminishing the rate of basic pay payable to any individual employed by the United States on the date of the enactment of this Act to a rate below the rate payable to such individual on such date, so long as that individual continues in such position without a break in service. SEC. 304. SENIOR BIOMEDICAL RESEARCH SERVICE. (a) In General.—Title II of the Public Health Service Act is amended by adding at the end the following: “senior biomedical research service “Sec. 228. (a) There shall be in the Public Health Service a Senior Biomedical Research Service (hereinafter in this section referred to as the ‘Service’), not to exceed 350 members at any time. “(b) The Service shall be appointed by the Secretary without regard to the provisions of title 5, United States Code, regarding appointment, and shall consist of individuals outstanding in the field of biomedical research or clinical research evaluation. No individual may be appointed to the Service unless such individual (1) has earned a doctoral level degree in biomedicine or a related field, and (2) meets the qualification standards prescribed by the Office of Personnel Management for appointment to a position at GS-15 of the General Schedule. Notwithstanding any previous applicability to an individual who is a member of the Service, the provisions of subchapter I of chapter 35 (relating to retention preference), chapter 43 (relating to performance appraisal and performance actions), chapter 51 (relating to classification), subchapter III of chapter 53 (relating to General Schedule pay rates), and chapter 75 (relating to adverse actions) of title 5, United States Code, shall not apply to any member of the Service. “(c) The Secretary shall develop a performance appraisal system designed to— “(1) provide for the systematic appraisal of the performance of members, and “(2) encourage excellence in performance by members. “(d) (1) The Secretary shall determine, subject to the provisions of this subsection, the pay of members of the Service. “(2) The pay of a member of the Service shall not be less than the minimum rate payable for GS-15 of the General Schedule and shall not exceed the rate payable for level I of the Executive Schedule unless approved by the President under section 5377(d)(2) of title 5, United States Code. “(e) The Secretary may, upon the request of a member who— 104 STAT. 1464 “(1) performed service in the employ of an institution of higher education immediately prior to his appointment as a member of the Service, and “(2) retains the right to continue to make contributions to the retirement system of such institution, contribute an amount not to exceed 10 percent per annum of the member’s basic pay to such institution’s retirement system on behalf of such member. A member who requests that such contribution be made shall not be covered by, or earn service credit under, any retirement system established for employees of the United States under title 5, United States Code, but such service shall be creditable for determining years of service under section 6303(a) of such title. “(f) Subject to the following sentence, the Secretary may, notwithstanding the provisions of title 5, United States Code, regarding appointment, appoint an individual who is separated from the Service involuntarily and without cause to a position in the competitive civil service at GS-15 of the General Schedule, and such appointment shall be a career appointment. In the case of such an individual who immediately prior to his appointment to the Service was not a career appointee in the civil service or the Senior Executive Service, such appointment shall be in the excepted civil service and may not exceed a period of 2 years. “(g) The Secretary shall promulgate such rules and regulations, not inconsistent with this section, as may be necessary for the efficient administration of the Service.”. (b) Technical and Conforming Amendments.— Section 211(d) of the Public Health Service Act is amended by— (1) striking out “and” at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof and”; and (3) adding at the end thereof a new paragraph as follows: “(4) service performed as a member of the Senior Biomedical Research Service established by section 228, except that, if there are more than 5 years of such service, only the last 5 years thereof may be included.”. (c) Effective Date.— Except as otherwise provided, the provisions of this section shall be effective on the 90th day following the date of the enactment of this Act. SEC. 306. EFFECTIVE DATE. (a) Generally.— Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act. (b) Special Rule.— The first calendar year in which comparability payments under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994. SEC. 306. ADDITIONAL RULE OF CONSTRUCTION. Notwithstanding section 1(b), a reference in any of the preceding provisions of this title to “this Act” (other than a reference in section 301) shall not be considered to include any provision of title IV. 104 STAT. 1465 TITLE IV— FEDERAL LAW ENFORCEMENT PAY REFORM SEC. 401. SHORT TITLE. This title may be cited as the “Federal Law Enforcement Pay Reform Act of 1990”. SEC. 402. DEFINITION. For the purposes of this title, except as otherwise provided, the term “law enforcement officer” means any law enforcement officer within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code, with respect to whom the provisions of chapter 51 of such title apply. SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS. (a) Notwithstanding the procedures of section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law, higher minimum rates and corresponding increases in all step rates of each designated General Schedule grade shall be established for law enforcement officers in accordance with the provisions of this section. (b) (1) Effective on the first day of the first applicable pay period beginning on or after January 1, 1992, the higher minimum rates to be established are as follows: GS–3 Step 4 GS–4 Step 4 GS–5 Step 4 GS–6 Step 3 GS–7 Step 3 GS–8 Step 3 GS–9 Step 2 GS–10 Step 2 (2) Effective on the first day of the first applicable pay period beginning on or after January 1, 1993, the higher minimum rates to be established are as follows: GS–3 Step 7 GS–4 Step 7 GS–5 Step 8 GS–6 Step 6 GS–7 Step 5 GS–8 Step 3 GS–9 Step 2 GS–10 Step 2 (c) The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the designated grades (except in the case of any law enforcement officer for whom a higher rate is authorized under section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law) in the same manner as rates established under section 5305 of such title, as so amended, and may be increased in accordance with subsection (f) of such section 5305. (d) Any interim entry-level adjustment under section 303 of this Act which a law enforcement officer is receiving shall be eliminated on the day before the effective date of the higher minimum rates under subsection (b)(1). 104 STAT. 1466 SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN SELECTED CITIES. (a) A law enforcement officer shall be paid any applicable special pay adjustment in accordance with the provisions of this section, but such special pay adjustment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act, any applicable locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and any applicable special rate of pay under section 5305 of such title, as so amended, or any similar provision of law. (b) Except as provided in subsection (a), effective on the first day of the first applicable pay period beginning on or after January 1, 1992, each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a percentage of the officer’s rate of basic pay, as follows: Area Differential Boston-Lawrence-Salem, MA–NH Consolidated Metropolitan Statistical Area , 16% Chicago-Gary-Lake County, IL–IN–W1 Consolidated Metropolitan Statistical Area 4% Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Statistical Area 16% New York-Northern New Jersey-Long Island, NY–NJ–CT Consolidated Metropolitan Statistical Area 16% Philadelphia-Wilmington-Trention, PA–NJ–DE–MD Consolidated Metropolitan Statistical Area 4% San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area 16% San Diego, CA Metropolitan Statistical Area 8% Washington, DC–MD–VA Metropolitan Statistical Area 4% (c) (1) A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and shall be considered part of basic pay to the same degree as such a locality-based comparability payment. (2) The Office of Personnel Management may prescribe such regulations as it considers necessary concerning the payment of special pay adjustments to law enforcement officers under this section. SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS. (a) The appropriate agency head (as defined in subsection (c)) shall prescribe regulations under which the purposes of sections 403 and 404 shall be carried out with respect to individuals holding positions described in subsection (b). (b) This subsection applies with respect to any— (1) member of the United States Secret Service Uniformed Division; (2) member of the United States Park Police; (3) special agent within the Diplomatic Security Service; (4) probation officer (referred to in section 3672 of title 18, United States Code); or (5) pretrial services officer (referred to in section 3153 of title 18, United States Code). (c) For the purposes of this section, the term “appropriate agency head” means— (1) with respect to any individual under subsection (b)(1), the Secretary of the Treasury; 104 STAT. 1467 (2) with respect to any individual under subsection (b)(2), the Secretary of the Interior; (3) with respect to any individual under subsection (b)(3), the Secretary of State; (4) with respect to any individual under subsection (b)(4) or (b)(5), the Director of the Administrative Office of the United States Courts. SEC. 406. FBI NEW YORK FIELD DIVISION. Notwithstanding section 601(a)(2) of Public Law 100–453, as amended, the Office of Personnel Management shall reduce the rate of periodic payments under such section as the provisions of this Act are implemented: Provided, That no such reduction results in a reduction of the total pay for any employee of the New York Field Division of the Federal Bureau of Investigation. Notwithstanding such section 601(a)(2), the Office of Personnel Management may make such periodic payments inapplicable to employees newly appointed to, or transferred to, the New York Field Division on or after January 1, 1992. SEC. 407. RELOCATION PAYMENTS. Notwithstanding section 5753(b)(1)(A) of title 5, United States Code, as added by this Act, a law enforcement officer whose rate of basic pay is less than $60,000 may receive a relocation payment of up to $15,000 under section 5753. SEC. 408. INCENTIVE BONUS FOR FOREIGN LANGUAGE CAPABILITIES. (a) Chapter 45 of title 5, United States Code, is amended by adding at the end the following: “SUBCHAPTER III— AWARD TO LAW ENFORCEMENT OFFICER FOR FOREIGN LANGUAGE CAPABILITIES “§ 4521. Definition “For the purpose of this subchapter, the term ‘law enforcement officer’ has the same meaning as under section 5949(a). “§ 4522. General provision “An award under this subchapter is in addition to the basic pay of the recipient. “§ 4523. Award authority “(a) An agency may pay a cash award, up to 5 percent of basic pay, to any law enforcement officer employed in or under such agency who possesses and makes substantial use of 1 or more foreign languages in the performance of official duties. “(b) Awards under this section shall be paid under regulations prescribed by the head of the agency involved (or designee thereof). Regulations prescribed by an agency head (or designee) under this subsection shall include— “(1) procedures under which foreign language proficiency shall be ascertained; “(2) criteria for the selection of individuals for recognition under this section; and “(3) any other provisions which may be necessary to carry out the purposes of this subchapter.”. 104 STAT. 1468 (b) The table of sections for chapter 45 of title 5, United States Code, is amended by adding at the end the following: SUBCHAPTER III— AWARDS TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES “4521. Definition. “4522. General provision. “4523. Award authority.”. (c) Section 6401 of the Anti-Drug Abuse Act of 1988 (Public Law 100–690; 102 Stat. 4370) is amended— (1) by inserting “(a) In General.—” before the first sentence; and (2) by adding at the end the following: “(b) Limitation.— The provisions of this section shall apply only to an employee who has received a bonus under this section before January 1, 1992. The provisions of subchapter III of chapter 45 of title 5, United States Code, shall apply to any employee who would otherwise be eligible to receive a bonus under this section, on and after such date.”. (d) The amendments made by this section shall be effective on January 1, 1992. SEC. 409. AGE FOR MANDATORY RETIREMENT. (a) Section 8335(b) of title 5, United States Code, is amended— (1) in the first sentence, by striking “law enforcement officer of a”; and (2) by inserting after the first sentence the following: “A law enforcement officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer becomes 57 years of age or completes 20 years of service if then over that age.”. (b) Section 8425(b) of title 5, United States Code, is amended— (1) in the first sentence, by striking “law enforcement officer or” each place it appears; and (2) by inserting after the first sentence the following: “A law enforcement officer who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer become 57 years of age or completes 20 years of service if then over that age.”. (c) For the purposes of this section, the effective date shall be the date of enactment of this Act. SEC. 410. OVERTIME RATES. (a) Section 5542(a) of title 5, United States Code, is amended by adding at the end the following: “(4) Notwithstanding paragraph (2) of this subsection, for an employee who is a law enforcement officer (within the meaning of section 8331(20) or 8401(17)), and whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of— 104 STAT. 1469 “(A) one and one-half times the minimum hourly rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or “(B) the hourly rate of basic pay of the employee, and all that amount is premium pay.”. (b) Section 5547 of title 5, United States Code, is amended by adding at the end the following: “(c) (1) Subsections (a) and (b) shall not apply to a law enforcement officer. “(2) A law enforcement officer may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) only to the extent that the payment does not cause the officer’s aggregate rate of pay for any pay period to exceed the lesser of— “(A) 150 percent of the minimum rate payable for GS-15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or “(B) the rate payable for level V of the Executive Schedule. “(3) For the purposes of this subsection, ‘law enforcement officer’ means any law enforcement officer within the meaning of section 8331(20) or section 8401(17).”. SEC. 411. OTHER PREMIUM PAY. (a) Section 5541(2)(iv) of title 5, United States Code, is amended to read as follows: “(iv) a member of— “(I) the Metropolitan Police or the Fire Department of the District of Columbia; or “(II) a member of the United States Secret Service Uniformed Division, a member of the United States Park Police, other than for purposes of section 5545(a) and 5546;”. (b) The amendment made by this section shall be effective on January 1, 1992. SEC. 412. REPORTING REQUIREMENT. Not later than January 1, 1993, the Office of Personnel Management, in consultation with Federal law enforcement agencies and law enforcement employee groups, shall submit to Congress, in writing, a plan to establish a separate pay and classification system for law enforcement officers and specifications for legislation to implement such plan.