II

105TH CONGRESS

2D SESSION S. 1679

To modify the conditions that must be met before certain alternative pay

authorities may be exercised by the President with respect to Federal

employees.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 25, 1998

Mr. SARBANES (for himself, Ms. MIKULSKI, Mr. WARNER, and Mr. ROBB) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

A BILL

To modify the conditions that must be met before certain

alternative pay authorities may be exercised by the President with respect to Federal employees.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Employee Pay

5 Fairness Act of 1998’’.

6 SEC. 2. LIMITATION ON AUTHORITY TO PROVIDE FOR AN

7 ALTERNATIVE PAY PLAN.

8 (a) IN GENERAL.—Paragraph (1) of section 5303(b)

9 of title 5, United States Code, is amended by striking ‘‘If,
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1 because of national emergency or serious economic condi2 tions affecting the general welfare,’’ and inserting ‘‘If, be3 cause of a declared state of war or severe economic condi4 tions,’’.

5 (b) SEVERE ECONOMIC CONDITIONS DEFINED.—

6 Section 5303(b) of title 5, United States Code, is amended

7 by adding at the end the following:

8 ‘‘(4) For purposes of applying this subsection with

9 respect to any pay adjustment that is to take effect in

10 any calendar year, ‘severe economic conditions’ shall be

11 considered to exist if, during the 12-month period ending

12 2 calendar quarters before the date as of which such ad13 justment is scheduled to take effect (as determined under

14 subsection (a)), there occur 2 consecutive quarters of neg15 ative growth in the real Gross Domestic Product.’’.

16 (c) CONFORMING AMENDMENT.—Paragraph (2) of

17 section 5303(b) of title 5, United States Code, is amended

18 by striking ‘‘an economic condition affecting the general

19 welfare under this subsection,’’ and inserting ‘‘economic

20 conditions for purposes of this subsection,’’.

21 SEC. 3. LIMITATION ON AUTHORITY TO PROVIDE FOR AN

22 ALTERNATIVE LEVEL OF COMPARABILITY

23 PAYMENTS.

24 (a) IN GENERAL.—Subsection (a) of section 5304a

25 of title 5, United States Code, is amended by striking ‘‘If,
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1 because of national emergency or serious economic condi2 tions affecting the general welfare,’’ and inserting ‘‘If, be3 cause of a declared state of war or severe economic condi4 tions,’’.

5 (b) SEVERE ECONOMIC CONDITIONS DEFINED.—

6 Section 5304a of title 5, United States Code, is amended

7 by redesignating subsection (b) as subsection (c) and by

8 inserting after subsection (a) the following:

9 ‘‘(b) For purposes of applying this section with re10 spect to any comparability payments that are to become

11 payable in any calendar year, ‘severe economic conditions’

12 shall be considered to exist if, during the 12-month period

13 ending 2 calendar quarters before the date as of which

14 such payments are scheduled to take effect (as determined

15 under section 5304(d)(2)), there occur 2 consecutive quar16 ters of negative growth in the real Gross Domestic Prod17 uct.’’.

18 SEC. 4. EFFECTIVE DATE.

19 (a) NEW STANDARDS APPLY STARTING WITH ANY

20 ALTERNATIVE PAY PROPOSAL SCHEDULED TO TAKE EF21 FECT AFTER 1998.—The amendments made by this Act

22 shall apply with respect to any alternative pay adjust23 ments under section 5303(b) of title 5, United States

24 Code, and any alternative level of comparability payments
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1 under section 5304a of such title 5, scheduled to take ef2 fect after 1998.

3 (b) TRANSITION PROVISIONS.—

4 (1) REVISED DEADLINE FOR ALTERNATIVE PAY

5 PLAN REQUIRED TO BE SUBMITTED IN 1998.—For

6 purposes of applying section 5303 of title 5, United

7 States Code, with respect to any adjustment sched8 uled to take effect in calendar year 1999, subsection

9 (b) of such section (as amended by section 2) shall

10 be applied by substituting ‘‘December 1’’ for ‘‘Sep11 tember 1’’ in paragraph (1)(A) thereof.

12 (2) EFFECT OF AN ALTERNATIVE PAY PRO13 POSAL SUBMITTED BASED ON EARLIER STAND14 ARDS.—Any plan or report submitted under the pro15 visions of section 5303(b) or 5304a of title 5, United

16 States Code, as applicable, relating to any alter17 native pay adjustments or alternative level of com18 parability payments proposed to take effect after

19 1998, if based on the standards specified in such

20 provisions as in effect before the date of enactment

21 of this Act—

22 (A) shall not be implemented; and
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1 (B) shall not preclude the submission of

2 any other plan or report under such provisions

3 as amended by this Act.

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