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United States · Bill · S

S. 2274 (101st)

Federal Pay Reform Act of 1990

openUnited States· United States Congress· EN

Introduced

9 March 1990

Last action

Status

Placed on Senate Legislative Calendar under General Orders. Calendar No. 816.

Sponsors

Subjects

Discovery layer

Source updated

14 January 2025

Summary

Federal Pay Comparability Reform Act of 1990 - Abolishes the Advisory Committee on Federal Pay and the President's Pay Agent. Creates the Federal Pay Council, to be headed by the Director of the Office of Personnel Management. Directs the Council to determine locality-based pay adjustments for professional, administrative, technical, clerical, law enforcement, and other employment categories based upon a biennial survey by the Bureau of Labor Statistics (BLS) which compares the rates of pay of Federal employees within a local pay area to non-Federal rates of pay for the same pay area. Directs the Council to determine annual general adjustments to increase the rates of pay for all Federal employees by a percentage equal to the increase in the Employment Cost Index based upon data provided by BLS. Directs the Council to recommend the boundaries of each local pay area to BLS. Provides that an employee whose permanent duty station is not located within a pay area surveyed by BLS shall receive that locality-based pay adjustment, if any, payable to employees in the nearest wage locality. Provides that for purposes of pay retention, the portion of the employee's rate of pay based on locality-based adjustments shall not be considered his or her rate of pay if the employee transfers to a locality with a differing locality-based pay rate. Requires locality-based pay rates to be considered part of the employee's basic pay for purposes other than pay retention such as retirement, life insurance, and severance pay. Directs the President to make general annual adjustments and locality-based adjustments to the rates of pay of Federal employees unless he reports to the Congress in his budget that such adjustments should be limited or not implemented because of a national emergency or economic conditions affecting the general welfare that require imposition of national wage-price controls. Requires such adjustments to be implemented after the termination of a national emergency or wage price controls. Grants the President the authority to provide for special pay rates if the Government's efforts to recruit or retain well-qualified individuals are significantly handicapped by: (1) the remoteness of the area or location involved; (2) undesirable working conditions, including exposure to toxic substances; or (3) any other circumstances which the President considers appropriate. Prohibits a minimum special pay rate from exceeding the maximum statutory pay rate for the applicable grade or level. Authorizes the Director of the Office of Management and Budget to grant authority to executive department and agency heads to fix the basic rate of pay of up to 100 Government-wide critical positions at an annual rate that does not exceed the rate for level I of the Executive Schedule. Directs agency heads, in determining whether a position is critical, to consider the extent to which: (1) the position requires scientific, technical, professional, or administrative qualifications; and (2) additional compensation is necessary to recruit or retain exceptionally qualified individuals. Allows such authority to be reexercised when: (1) such a position remains a critical position; and (2) the Director reconfirms his or her original allocation of critical-position pay authority among executive departments and agencies. Eliminates the grade requirement for positions for which agencies may pay new employees above the minimum rate of the appropriate grade in order to attract candidates. Limits aggregate pay for positions receiving locality-based adjustments to the rate of pay for level II of the Executive Schedule. Directs the Council to report to the President and the Congress on: (1) the feasibility of including Federal employees stationed outside the continental United States or in Alaska who receive allowances for living costs and environmental conditions within a locality pay plan; (2) the feasibility of linking all or part of the annual adjustments and locality-based adjustments to the employee's on-the-job performance; and (3) a plan to close any remaining differences in Federal pay in comparison with private enterprise and State and local government pay rates. Revises the definition of statutory pay system to apply pay comparability provisions to the Performance Management and Recognition System.

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Documents

4 official files

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