Technical and Miscellaneous Civil Service Amendments Act of 1992
PL 102-378 (H.R.2850), enacted 10/02/1992

106 STAT. 1346 
PUBLIC LAW 102-378—OCT. 2, 1992 
Public Law 102-378 
102d Congress 
An Act 
Oct. 2, 1992 
To make technical and conforming changes in title 5, United States Code, and 
[H.R. 2850] 
^e Federal Employees Pay Comparability Act of 1990, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Technical and 
fhe United States of 
America in Congress assembled. 
Miscellaneous 
Civil Service 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Act of 1992. 
(a) SHORT TITLE.—^This Act may be cited as the Technical 
5 use 1101 note, and Miscellaneous Civil Service Amendments Act of 1992". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Shorttitle; table of contents. 
Sec. 2. Amendments to title 5, United States Code. 
Sec. 3. Amendments to the Federal Employees Pay Comparability Act of 1990. 
Sec. 4. Amendments relating to the Ethics in Government Act of^l978. 
Sec. 5. Amendments to other provisions of law. 
Sec. 6. Restoration of coverage of certain Federal personnel provisions to certain 
Veterans Health Administration employees. 
Sec. 7. Retroactive performance awards. 
Sec. 8. Miscellaneous provisions. 
Sec. 9. Effective dates. 
SEC. 2. AMENDMENTS TO TITLE 5, UNITED STATES CODE. 
Title 5, United States Code, is amended— 
(1) in the analysis for part II by striking, in the item 
relating to chapter 12, 'individual Right of Action" and insert-
ing "Employee Right of Action"; 
(2) by striking the heading for former section 1209 (the 
text of which was redesignated as sections 1205 and 1206 
by paragraphs (9) and (10), respectively, of section 3(a) of 
the Whistleblower Protection Act of 1989 (Public Law 101-
12; 103 Stat. 18)); 
(3) by striking the heading for former section 1204 (which 
was redesignated as section 1211(b) l^ section d(aX6) of the 
Whistleblower Protection Act of 1989 (PubUc Law 101-12; 103 
Stat. 17)); 
(4) in section 1305 by striking "section 3105," and inserting 
"sections 3105 "' 
(5) in section 2302(bX8XB) by striking "Spedal Counsel 
of the Merit Systems Protection Board," and inserting "Special 
Counsel,"; 
(6) in section 2304(b) by striking "(b) the" and inserting 
"(b) The"; 
(7) in section 3104(a)— 
(A) by striking "(not to exceed 517)"; and 
(B) by amendmg the second sentence to read as follows: 
"Any sudi position may be established by action of the 
Director or, under such standards and procedures as the 
Ofiice prescribes (including procedures under which the 
prior approval of the Director may be required), by agency 
action. ; 
PUBLIC LAW 102-378—OCT. 2, 1992 
106 STAT. 1347 
(8) in section 3109 by adding at the end thereof the follow-
ing new subsections: 
**(a) The OflRce of Personnel Management shall prescribe regula- Regulations. 
tions necessary for the administration of this section. Such regula-
tions shall include— 
"(1) criteria governing the circumstances in which it is 
appropriate to employ an expert or consultant vmder the provi-
sions of this section; 
"(2) criteria for setting the pay of experts and consultants 
under this section; and 
"(3) provisions to ensure compliance with such regulations. 
**(e) Each agencyr shall report to the Office of PersonnelManage- Reports. 
ment on an annual basis with respect to— 
"(1) the number of days each expert or consultant employed 
by the agency during the period was so employed; and 
"(2) the total amount paid by the agency to each expert 
and consultant for such work during the period."; 
(9) by amending section 3152 to read as follows: 
*
*
§ 3152. Limitation on pay 
'Members of the FBI-DEIA Senior Executive Service shall be 
subject to the limitation under section 5307."; 
(10) in section 3323(bXl) by striking "annuitant as defined 
by section 8331 of this title and inserting "annuitant, as 
defined by section 8331 or 8401,"; 
(11) in section 3324— 
(A) by amending the heading to read as follows: 
''§3324. Appointments to positions classified above GS-IS"; 
and 
(B) in subsection (a) by amending paragraph (1) to 
read as follows: 
"(1) to which appointment is made by the Chief Judge 
of the United States Tax Court;"; 
(12) in section 3325(b) by striking "section 3104(aX7) of 
this title" and inserting "section 3104(c) ; 
(13XA) by striking section 3342; and 
(B) in the table of sections for chapter 33 by striking 
the item relating to section 3342; 
(14) by amending the heading for section 3373 to read 
as follows: 
''§3373. Assignment of employees to State or local govern-
ments*'; 
(15) in section 3401(lXiv) by striking "Virgin Island" and 
inserting "Virgin Islands"; 
(16) in section 3594(cXlXA) by striking "5108,," and insert-
ing "5108,"; 
(17) in section 4109 by striking subsection (d); 
(18) in section 4302(a) by striking the semicolon at the 
end and inserting a period; 
(19) in section 4505a— 
(A) in subsection (bX2) by striking "ch^ter 12 or 
under" and inserting "chapter 12, chapter 71, or^ 
(B) in subsection (c) by inserting of Personnel Manage-
ment" after "Office"; and 
106 STAT. 1348 
PUBLIC LAW 102-378—OCT. 2, 1992 
(C) by striking subsection (d) and inserting the 
following: 
"(d) The preceding provisions of this section shall be applicable 
with respect to any employee to whom subchapter III of chapter 
53 applies, and to any category of employees provided for under 
subsection (e). 
"(e) At the request of the head of an Executive agency, the 
President may authorize the application of subsections (a) through 
(c) with respect to any category of employees within such agency 
who would not otherwise be covered by this section."; 
(20) in the heading for subchapter III of chapter 45 by 
striking "OFFICER" and mserting "OFFICERS"; 
(21) by amending section 4521 to read as follows: 
*
*
§ 4521. Definition 
Tor the purpose of this subchapter, the term law enforcement 
officer* means— 
"(1) a law enforcement officer within the meaning of section 
5541(3) and to whom the provisions of chapter 51 apply; 
"(2) a member of the United States Secret Service Uni-
formed Division; 
"(3) a member of the United States Park Police; 
"(4) a special agent in the Diplomatic Security Service; 
"(5) a probation officer (referrea to in section 3672 of title 
18); and 
"(6) a pretrial services officer (referred to in section 3153 
of title 18).*; 
(22) in the table of sections for chapter 51 by striking 
the item relating to section 5108 and inserting the follovmig: 
"6108. Classification of positions above GS-16."; 
(23) in section 5108(aX2) by striking the semicolon at the 
end and inserting a period; 
(24) in the table of sections for chapter 53— 
(A) in the item relating to section 5379 by striking 
"repayment." and inserting "repa3rments."; and 
(a) by striking "Sec." immediately before the item relat-
ing to section 5391; 
(25) in section 5302— 
(A) in paragraph (1) by amending subparagraph (C) 
to read as follows: 
"(C) chapter 74 of title 38, relating to the Veterans 
Health Admmistration (other than a position subject to 
section 7451 of title 38);"; and 
(B) in paragraph (8>— 
(i) in subparagraph (A) by striking "and" at the 
end; and 
(ii) bv adding after subparagraph (B) the following: 
"(C) in the case of an employee receiving a retained 
rate of basic pay under section 5363, the rate of basic 
pay payable imder such section; and"; 
(26) in section 5304— 
(A) in subsection (aX3)— 
(i) by striking "Subject to paragraphs (4) and (5)," 
and inserting "Subject to paragraph (4),", and 1^ strik-
ing "a comparative pajrment and inserting a com-
parability payment"; 
PUBLIC LAW 102-378—OCT. 2,1992 
106 STAT. 1349 
(ii) in subparagraph (H) by inserting "and** after 
the semicolon; and 
(iii) in subparagraph (I) by striking the semicolon 
and inserting a period; 
(B) in subsection (dXlXA) by inserting "(disregarding 
any described in section 5302(8X0))" after ^General Sched-
ule", and by striking '"annual"; 
(C) in subsection (e)— 
(i) in paragraph (1) by inserting after the second 
sentence the following: however, members under 
subparagraph (A) may oe paid expenses in accordance 
with section 5703."; and 
(ii) in paragraph (2XAXii) by striking "annual sur-
vey and inserting "surveys of pay localities", and by 
striking "industries," and inserting "industries"; 
(D) in subsection (g) by amending paragraph (2) to 
read as follows: 
"(2) The appUcable maximum under this subsection shall be 
level III of the Executive Schedule for— 
"(A) positions under subparagraphs (A)-(E) of subsection 
(hXl);and 
"(B) any positions under subsection (hXlXF) which the 
President may determine."; 
(E) in subsection (h)— 
(i) in paragraph (1)— 
(I) by amending subparagraph (F) to read as 
follows: 
"(F) a position within an Executive agency not covered 
under the General Schedule or any of the preceding subpara-
grai>hs, tiie rate of basic pay for whidi is (or, but for this 
section, would be) no more than the rate payable for level 
IV of the Executive Schedule;"; 
(II) in clause (i) by striking "or" at the end; 
(III) in clause (ii) by striking the period at 
the end and inserting "; or*; and 
(IV) by adding at the end the following: 
"(iii) a position to which subchapter II applies (relating 
to the Executive Schedule)."; 
(ii) in paragraph (2) by adding at the end the 
following: 
"(C) Notwithstanding subsection (cX4) or any other provision 
of law, but subject to paragraph (3), in the case of a category 
with positions that are in more than 1 Executive agency, the I^si-
dent may, on his own initiative, provide that each employee who 
holds a position within such category, and in the locality involved, 
shall be entitled to receive comparabiUty payments. No later than President. 
30 days before an employee receives comparability pavments imder ^voria. 
this subparagraph, the President or the President's designee shall 
submit a detailed report to the Congress justifying the reasons 
for the extension, including consideration of recruitment and reten-
tion rates and the expense of extending locality pay*"; and 
(iii) in paragraph (3) by amending subparagraph 
(B) to read as follows: 
"(B) shall take effect, within the locality involved, on the 
first day of the first applicable pay period commencing on 
or aft»r such date as the President designates (except that 
no date may be designated which would require any retroactive 
106 STAT. 1350 
PUBLIC LAW 102-378—OCT. 2, 1992 
payments), and shall remain in effect through the last day 
of the last applicable pay period commencing during that cal-
endar year;"; 
(27) in section 5306(aXlXB) by striking "IGGb-^" and 
inserting "IGGb-Sa"; 
(28) in section 5314 by striking each of the following: 
'Tinder Secretaxy of Education.", TJnder Secretary of Healm 
and Human Services.", TJnder Secretary of the Interior.", and 
'
H
L
J
n
d
e
r Secretary of Housing and Urban Development."; 
(29) in section 5332 by amending subsection (a) to read 
as follows: 
"(aXD The General Schedule, the symbol for which is *GS', 
is the basic pay schedule for positions to which this subchapter 
applies. Each employee to whom this subchapter applies, except 
an employee covered by the performance management and recogni-
tion system established under chapter 54, is entitled to bfusic pay 
in accordance with the General Schedule. 
"(2) The General Schedule is a schedule of annual rates of 
basic pay, consisting of 15 grades, designated 'GS-1' through 'GS-
15', consecutively, with 10 rates of pay for each such grade. The 
rates of pay of the (jreneral Schedule are adjusted in accordance 
with section 5303."; 
(30) in section 5347(g)— 
(A) by striking "(g) Members" and inserting "(gXD 
Except as provided in paragraph (2), members"; 
(B) by striking the second sentence; and 
(C) by adding at the end the following: 
"(2) The position of Chairman shall be considered to be a 
Senior Executive Service position within the meaning of section 
3132(a), and shall be subject to all provisions of this title relating 
to Senior Executive Service positions, including section 5383."; 
(31) in section 5371(b)— 
(A) by striking "chapter 73" and inserting "chapter 
74"; and 
(B) by inserting "subchapter V of chapter 55," after 
"61," each place it appears; 
(32) in section 5372(c) by striking "shall," and inserting 
"shaU"; 
(33) in section 5375(2) by striking "GS-8," and inserting 
"GS-^"; 
(34) in section 5377— 
(A) in subsection (aX2)— 
(i) in subparagraph (C) by striking "and" at the 
end; 
(ii) in subparagraph (D) by striking the period 
at the end and inserting a semicolon; and 
(iii) by adding after subparagraph (D) the follow-
ing: 
"(E) a position established under section 3104; and 
"(F) a position in a category as to which a designation 
is in effect under subsection (i)."; and 
(B) by adding at the end the following: 
"(iXD For the purpose of this subsection, the term 'position' 
means the work, consisting of the duties and responsibilities, assign-
able to an employee, except that such term does not include any 
position under subsection (aX2XA)-(E). 
PUBLIC LAW 102-378—OCT. 2, 1992 
106 STAT. 1351 
"(2) At the request of an agency head, the President may 
designate 1 or more categories of positions within such agency 
to be treated, for purposes of this section, as positions within 
the meaning of subsection (aX2).''; 
(35) in section 538i3 by amending subsection (b) to read 
as follows: 
"(b) Members of the Senior Executive Service shall be subject 
to the limitation under section 5307."; 
(36) in subchapter IX of chapter 53 by striking the matter 
after the subchapter heading and before the heading for section 
5391; 
(37) in section 5401(1) by striking "(a)" and inserting "(A)", 
and by striking "(b)" and inserting "(B)"; 
(38) in section 5403(d) by striking "section 5305" and insert-
ing "section 5303"; 
(39) in section 5519 by striking "section 6323(c) or (d) 
of this title" and inserting "section 6323 (b) or icT; 
(40) in section 5541— 
(A) in paragraph (1) by striking "and" at the end; 
(B) in paragraph (2) by striking the period at the 
end and inserting "; and"; and 
(C) by adding at the end the following: 
"(3) law enforcement officer* means an employee who— 
"(A) is a law enforcement officer within the meaning 
of section 8331(20) or 8401(17); 
"(B) in the case of an employee who holds a supervisory 
or administrative position and is subject to subchapter 
III of chapter 83, but who does not quaUfy to be considered 
a law enforcement officer within the meaning of section 
8331(20), would so qualify if such employee had transferred 
directly to such position after serving as a law enforcement 
officer within the meaning of such section; 
"(C) in the case of an employee who holds a supervisory 
or administrative position and is subject to chapter 84, 
but who does not qualify to be considered a law enforcement 
officer within the meaning of section 8401(17), would so 
qualify if such employee had transferred directly to such 
position after performing duties described in section 
8401(17) (A) and (B) for at least 3 vears; and 
'\D) in the case of an employee who is not subject 
to subchapter III of diapter 83 or chapter 84— 
"(i) holds a position that the Office of Personnel 
Management determines would satisfy subparagraph 
(A), (B), or (C) if the employee were subject to Bvb-
diapter III of chapter 83 or chapter 84; or 
"(ii) is a special agent in the Diplomatic Security 
Service."; 
(D) SENSE OF THE CONGRESS RELATING TO LAW 5 use 554I note. 
ENFORCEMENT OFFICER PROVISIONS.—It is the sense of the 
Congress that— 
(i) the provisions of section 5541(3) of title 5, 
United States Code (as added by section 2(40XC) of 
this Act)— 
(I) are enacted only for the purposes of pay 
and not for the purposes of retirement; 
106 STAT. 1352 
PUBLIC LAW 102-378—OCT. 2, 1992 
(II) do not reflect an^^ intent of the Congress 
to change retirement eli^^ility standards for law 
enforcement officers; and 
(ii) law enforcement officers in primary positions 
have different retirement eligibility stanoaras than 
employees in supervisory or administrative positions 
because of the different requirements in their respon-
sibilities. 
(41) in section 5542— 
(A) in subsection (aX4)— 
(i) by striking "officer (within the meaning of sec-
tion 8331(20) or 8401(17))," and inserting "officer,"; 
and 
(ii) by moving the indentation for the matter fol-
lowing subparagr^h (B) 2 ems to the right; and 
(B) in subsection (c) by amending the second sentence 
R^ulations. 
to read as follows: "In the case of an employee who would, 
were it not for the preceding sentence, oe subject to this 
section, the Office ofPersonnel Management shall by regu-
lation prescribe what hours shall be deemed to be hours 
of work and what hours of work shall be deemed to be 
overtime hours for the purpose of such section 7 so as 
to ensure that no employee receives less pay by reason 
of the preceding sentence. , 
(42) in section 5544— 
(A) in paragraphs (2) and (3) of subsection (a) l ^ strik-
ing "2,080^ eadi place it appears and inserting 72,087"; 
(B) by amendmg the last two sentences of subsection 
(a) to read as follows: "The first and third sentences of 
this subsection 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 the first and third sentences of 
this subsection, tne Office of Personnel Management shall 
by regulation prescribe what hours shall be deemed to 
be hours of work and what hours of work shall be deemed 
to be overtime hours for the purpose of such section 7 
so as to ensure that no empWee receives less pay by 
reason of the preceding sentence. ; and 
(C) by adding at the end the following: 
"(c) The provisions of this section, including the last two sen-
tences of subsection (a), shall apply to a prevailing rate employee 
described in section 5342(aX2XB).*; 
(43) in section 5547(c) by striking paragraph (3); 
(44XA) by striking section 5550; 
(B) in the table of sections for chapter 55 by striking 
the item relating to section 5550; 
(C) in section 5548(b) by striking "sections 5545(d) and 
5550 of this titie." and inserting "section 5545(d).''; 
(D) in section 6123(aXl)by striking "5543(aXl), 5544(a), 
and 5550" and inserting "5543(aXl) and section 5544(a)"; and 
(£) in section 6128— 
(i) in subsection (a) by striking "5542(a), 5544(a), and 
5550(2r and inserting "5542(a) and 5544(ar; and 
(ii) in subsection (c) by striking "5544(a), 5546(a), or 
5550(1)" and mserting "5544(a) or 5546(ar; 
PUBLIC LAW 102-378—OCT. 2, 1992 
106 STAT. 1353 
(45XA) in subchapter VI of chapter 55 by adding at the 
end the following: 
**% 5553. Regulations 
The Office of Personnel Management may prescribe regula-
tions necessary for the administration of this subchapter."; and 
(B) in the table of sections for chapter 55 by adding after 
the item relating to section 5552 the following: 
"5553. Regulations."; 
(46) in the table of sections for chapter 57— 
(A) by strUdng the item relating to section 5723 and 
inserting the following: 
"5723. Travel and transportation expenses of new appointees and student trainees."; 
and 
(B) by adding after the item relating to section 5754 
the following: 
"5755. Supervisory differentials."; 
(47) in the heading for section 5702 by striking "employee" 
and inserting "employees"; 
(48) in section 5723— 
(A) by amending the heading to read as follows: 
''§5723. Travel 
and 
transportation 
expenses 
of 
new 
appointees and student trainees'^; 
and 
(B) by striking subsection (d) and redesignating sub-
section (e) as subsection (d); 
(49) in section 5724(aX3XA) by striking "Service;" and 
inserting "Service or as a director under section 4103(aX8) 
of title 38 (as in effect on November 27,1988);"; 
(50) in section 5901(a) by striking "5902)." each place it 
appears and inserting "5902)"; 
(51) in section 5948— 
(A) in the first sentence of subsection (a) by striking 
"provisions of this section" and inserting "provisions of 
tnis section, section 5307,"; 
(B) in subsection (gXl)— 
(i) by amending subparagraph (D) to read as 
follows: 
"(D) section 5371, relating to certain health care 
positions;"; 
(ii) by striking "or" at the end of subparagraph 
(H); 
(iii) by striking "and" at the end of subparagraph 
(I); and 
(iv) by inserting cdter subparagraph (I) the 
following: 
"(J) section 5376, relating to certain senior-level 
positions; 
"(K) section 5377, relating to critical positions; or 
"(L) subchapter IX of chapter 53, relating to special 
occupational pay systems; and"; 
(52) in section 6303(a) by amending the second sentence 
to read as follows: "In determining years of service, an employee 
is entitled to credit for all service of a type that would be 
creditable under section 8332, regardless of whether or not 
the employee is covered by subchapter III of chapter 83."; 
106 STAT. 1354 
PUBLIC LAW 102-378—OCT. 2, 1992 
(53) in the second sentence of section 6304(e) by striking 
"date of* and inserting "date"; 
(54) in section 7112 by redesignating subsection (aXl) as 
subsection (a); 
(55) in section 7113 by redesignating subsection (aXD as 
subsection (a); 
(56) in section 7701(cXl) by amending subparagraph (A) 
to read as follows: 
"(A) in the case of an action based on unacceptable perform-
ance described in section 4303 or a removal from the Senior 
Executive Service for failure to be recertified under section 
3393a, is supported by substantial evidence; or"; 
(57) in section 8331— 
(A) in paragraph (1)— 
(i) in subparagraph (L) by striking "section 
8347(pXl)'' and inserting "section 8347(qXl)''; and 
(ii) in clause (ii) by striking "section 8347(pX2)'' 
and inserting "section 8347(qX2)*'; and 
(B) in paragraph (7) by str^dng "Gallaudet College," 
and inserting "Gallaudet University,"; 
(58) in the last sentence of section 8332(b) by striking 
"paragrpah (16)" and inserting "paragraph (16)"; 
(59) in section 8334(i) by redesignating the second para-
graph (5) as paragraph (6); 
(60) in section 8335(b) by amending the first sentence to 
read as follows: "A firefighter who is otherwise eligible for 
immediate retirement under section 8336(c) shall be separated 
firom the service on the last day of the month in which such 
firefighter becomes 55 years of age or completes 20 years of 
service if then over that age."; 
(61) in the second sentence of section 8337(a) by striking 
"if the employee iT and inserting "if the employee is"; 
(62) in section 8339 by redesignating the second subsection 
(o) as subsection (p); 
(63) in section 8341 in subsections (bXD and (d) by striking 
"(o)," and inserting "(p),"; 
(64) in section 8347— 
(A) by redesignating the second subsection (p) as sub-
section (q); and 
(B) in paragraphs (1) and (2) of subsection (q) (as 
so redesignated) by amending subparagraph (A) of each 
to read as follows: 
"(A) has not previously made an election imder this 
subsection or had an opportunity to make an election under 
this paragraph;"; 
(65) in section 8421(aX2) by adding a period at the end; 
(66) in section 8423(a)(l)(BXi) by striking "multipled" and 
inserting "multiplied"; 
(67) in section 8425(b)— 
(A) by amending the first sentence to read as follows: 
"A member of the Capitol Police or 
firefighter 
who is other-
wise eligible for immediate retirement under section 
8412(d) shall be separated 
fi:t>m 
the service on the last 
day of the month m which such member or firefighter 
becomes 55 years of age or completes 20 years of service 
if then over that age."; and 
PUBLIC LAW 102-378—OCT. 2,1992 
106 STAT. 1355 
(B) in the second sentence by striking Isecome" and 
inserting Ibecomes"; 
(68) in section 8438(aX7XB) by striking Tederal Savings 
and Loan Insurance Corporation," and inserting "Federal 
Deposit Insurance Corporation,"; 
(69) in section 8440(aX3) by inserting "section 401(kX4XB) 
of such Code and" after "subject to"; 
(70) in section 8440a(bXl) by striking "subchapters III and 
VII of chapter 84 of this title" and inserting "this subchapter 
and subchapter VIF*; 
(71) in section 8461(n)— 
(A) in paragraphs (1) and (2) by amending subpara-
graph (A) of each to read as follows: 
"(A) has not previously made an election under this 
subsection or had an opportunity to make an election under 
this paragraph;"; and 
(B) in paragraph (2XD) by striking "section 8347(p)" 
and inserting "s^ion 8i347(q)"; 
(72) in section 8478(aX2XBXiii) by striking "Corporation 
or the Federal Savings and Loan Insurance"; 
(73) in the ansuysis for chapter 85 by adding after the 
item relating to section 8508 the following: 
"8509. Federal Employees Compensation Account."; 
(74) in section 8706 by redesignating subsection (g) as 
subsection (f); 
(75) in section 8901— 
(A) in paragraph (3XAXiv) by striking "section 
8347(pX2)" and inserting "section 8347(qX2)"; and 
(B) in paragraph (lOXCXii) by inserting a comma after 
"section 8341(h)^; 
(76) in section 8904(a) by striking "this section" each place 
it appears and inserting "iJiis subsection"; 
(77) in section 8905— 
(A) in subsection (b) by striking "this subchapter." and 
inserting "this chaptei^; and 
(B) in subsection (cXD by inserting a comma after 
"8341(h)"; and 
(78) in section 8906— 
(A) in subsection (bX3) by inserting a period after 
"Office)"; and 
(B) in subsection (c) by striking "and except" and insert-
ing "and (except". 
SEC. 3. AMENDMENTS TO THE FEDERAL EMPLOYEES PAY COM-
PARABILITY ACT OF 1990. 
The Federal Employees Pay Comparability Act of 1990, as 
contained in the Treasury, Postal Service and Greneral (jovemment 
Appropriations Act, 1991 (Public Law 101-509; 104 Stat. 1427), 
is amended— 
(1) in each of paragraphs (1) and (2) of section 109(b) 
(104 Stat. 1451) by striking "section 5305" and inserting "sec- 5 use 5378 note. 
tion 5303"; 
(2) in section 203 (104 Stat. 1456) by striking "5545(D)" 5 use 5545. 
and inserting "5545(d)"; 
(3) in section 209(a) (104 Stat. 1460)— 
5 use 5305 note. 
(A) by striking "or" at the end of paragraph (1); 
106 STAT. 1356 
PUBLIC LAW 102-378—OCT. 2, 1992 
(B) by striking the period at the end of paragraph 
(2) and inserting "; or^; and 
(C) by inserting at the end the following: 
"(3) any combination of classes of positions described in 
paragraph (1) or (2) for which the Piiesident determines a 
recruiting d^culty exists.**; 
5 use 5304 note. 
(4) in section 302 (104 Stat. 1462)— 
(A) by striking "(A) DEPlNmoNS.—** and inserting "(a) 
DEFTNITIONS.-"; 
(B) by redesignating subsection (c) as subsection (d); 
(C) by redesignating subsections (d) and (e) as sub-
sections (e) and (f), respectively; and 
(D) by amending subsection (e) (as so redesignated) 
by striking "Code," and all that follows through the period 
and inserting the following: "Code (as in effect before the 
date of enactment of this Act), section 5305 of title 5, 
United States Code (as amended by section 101 of this 
Act), or any similar provision of law."; 
5 use 5305 note. 
(5) in section 402 (104 Stat. 1466) by striking "section 
8331(20) or section 8401(17)" and inserting "section 5541(3r; 
5 use 5305 note. 
(6) m section 403(d) (104 Stat. 1465) by strikmg "section 
303" and inserting "section 209"; 
5 use 5305 note. 
(7) m section 404(a) (104 Stat. 1466) by striking "and 
any applicable special rate of pay under section 5305 of such 
title, as so amended, or any similar provision of law." and 
inserting "and, to the extent determined appropriate by the 
Office of Personnel Management, any appUcable special rate 
of pay under section 5305 of such title, as so amended, or 
any similar provision of law (other than section 403)."; 
(8) in section 404(b) (104 Stat. 1466)— 
(A) by striking "(b) Except" and inserting "(bXD 
Except"; 
(B) by striking "Trention" and inserting "Trenton"; and 
(C) by adding at the end the following: 
"(2) In the case of any area specified in paragraph (1) that 
includes a portion, but not all, of a county, the Office of Personnel 
Management may, at the request of the head of 1 or more law 
enforcement agencies, extend the area specified in p€u*agraph (1) 
to include, for the purposes of this section, the entire county, if 
the Office determines that such extension would be in the interests 
of good personnel administration. Any such extension shall be 
applicable to each law enforcement ofncer whose post of duty is 
in the area of the extension."; and 
5 use 5305 note. 
(9) in section 405(a) (104 Stat. 1466) by striking "403 
and 404" and inserting "403,404, and 407". 
SEC. 4. AMENDMENTS RELATING TO THE ETHICS IN GOVERNMENT 
ACT OF 1978. 
(a) AMENDMENTS TO TITLE I OF THE ACT.—Title I of the Ethics 
in (jrovemment Act of 1978 (5 U.S.C. App.) is amended— 
5 use app. 101. 
(1) in section 101(0— 
(A) in paragraph (3) by striking "whose position" and 
all that follows through "for GS-16" and inserting "who 
occupies a position classified above GS-15 of the (jreneral 
Schedule or, in the case of positions not imder the General 
Schedule, for which the rate of basic pay is equal to or 
PUBLIC LAW 102-378—OCT. 2,1992 
106 STAT. 1357 
greater than 120 percent of the minimum rate of basic 
pay payable for GS-15 of the General Sdiedule"; 
(B) in paragraph (6) by strikinK 'Vhose basic rate 
of pay^ and all that follows through "08-16" and inserting 
'Vno occupies a position for which the rate of basic pay 
is equal to or greater than 120 percent of the minimum 
rate of basic pay payable for GS-15 of the General 
Schedule"; 
(2) in section 10&— 
5 USC app. 109. 
(A) in paragraph (8) by striking 'Vho is paid" and 
all that follows through "Schedule" and inserting "who 
occupies a position for which the rate of basic pay is equal 
to or greater than 120 percent of the minimum rate of 
basic pay payable for GS-15 of the General Schedule"; 
(B) in paragraph (ISXBXi) by striking "who is com-
pensated" and all that follows through ^Schedule" and 
inserting "who, for at least 60 days, occupies a position 
for which the rate of basic pay is equal to or greater 
than 120 percent of the minimum rate of basic pay payable 
for GS-15 of the General Schedule"; and 
(C) in paragraph (ISXBXii) by str^ing "compensated" 
and all that follows through "Schedule" and inserting "who 
occupies a position for wmch the rate of basic pay is equal 
to or greater than 120 percent of the minimum rate of 
basic pay payable for GS-15 of the General Schedule". 
(b) AMENDMENTS TO TITLE V.—Title V of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.) is amended— 
(1) in section 501(aXl) by striking "whose rate of basic 5 USC app. 501. 
pay is equal to or greater than the annual rate of basic pay 
in effect for grade GS-16 of the General Schedule under section 
5332 of title 5, United States Code," and inserting "who occupies 
a position classified above GS-15 of the General Schedule or, 
in the case of positions not under the General Schedule, for 
which the rate of basic pay is equal to or greater than 120 
percent of the minimum rate of basic pay payable for GS-
15 of the General Schedule,"; 
(2) in section 501(aX2) by striking "who becomes a Member 
or an officer or employee who is a noncareer officer or employee 
and whose rate of basic pay is equal to or greater than the 
annual rate of basic pay in effect for gr&ae GS-16 of the 
General Schedule during a calendar year, and inserting "who 
during a calendar year becomes a Member or an ofi&cer or 
employee who is a noncareer officer or employee and who 
occupies a position classified above GS-15 of the General Sched-
ule or, in the case of positions not imder the General Schedule, 
for which the rate of basic pay is equal to or greater than 
120 percent of the minimum rate of basic pay payable for 
G&-15 of the General Schedule,"; and 
(3) in section 502(a) by striking "whose rate of basic pay 5 use app. 502. 
is equal to or greater than the annual rate of basic pay in 
effect for grade GS-16 of the General Schedule" and inserting 
"who occupies a position classified above GS-15 of the Genercu 
Schedule or, in the case of positions not under the General 
Schedule, for which the rate of basic pay is equal to or greater 
than 120 percent of the minimum rate of basic pay payable 
for GS-15 of the General Schedule". 
106 STAT. 1358 
PUBLIC LAW 102-378—OCT. 2, 1992 
(c) AMENDMENTS TO GIFT PROVISIONS.—Section 314(g) of the 
Legislative Branch Appropriations Act, 1992 (Public Law 102-90; 
2 use 31-2 note. 105 Stat. 470) is amended to read as follows: 
"(gXD The amendments made by subsections (b) through (f) 
shall take effect on January 1,1992. 
"(2) The amendment made by subsection (a) shall take effect 
on January 1,1993.". 
SEC. 5. AMENDMENTS TO OTHER PROVISIONS OF LAW. 
(a) OMNIBUS BUDGET RECONCILIATION ACT OF 1990.—The 
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508; 
104 Stat. 1388) is amended— 
5 use 8348 note. 
(1) in section 7101(cX2) (104 Stat. 1388-332) by striking 
"took effect, subject to section 7104." and inserting 'took effect.^ 
and 
5 use 2105 note. 
(2) in section 7202(n) (104 Stat. 1388-340)— 
(A) in paragraph (2) by striking "section 8347(pXl)'' 
each place it appears and inserting "section 8347(q)(l)"; 
and 
(B) in paragraph (4) by striking "section 8347(pX2)'' 
and inserting "section 8347(qX2)''. 
(b) FEDERAL PAY COMPARABILITY ACT OF 1970.—Section 5(a) 
of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a-2(a)) 
is amended by inserting "of title 5, United States Code," after 
"Whenever an acyustment under section 5303". 
(c) PUBUC LAW 100-446.—Section 8(cX2) of Public Law 100-
446 (2 U.S.C. 178g(cX2); 102 Stat. 1786) is amended by striking 
(d) PuBUC LAW 102-198.—Section 7(cX4) of Public Law 102-
5 use 8440d. 
198 (105 Stat. 1625) is amended— 
(1) in subparagraph (A) by striking "2440d" and inserting 
"8440d"; and 
(2) in subparagraph (B) by striking "subchapter III oP. 
(e) PuBUC LAW 102-233.—Section 21A(bX9XBXi) of the Federal 
Home Loan Bank Act (12 U.S.C. 1441a(bX9XBXi)), as amended 
by section 201 of the Resolution Trust Corporation Refinancing, 
Restructuring, and Improvement Act of 1991 (Public Law 1 0 ^ 
233; 105 Stat. 1765), is amended by striking the last 3 sentences. 
SEC. e. RESTORATION OF COVERAGE OF CERTAIN FEDERAL PERSON-
NEL PROVISIONS TO CERTAIN VETERANS HEALTH ADMINIS-
TRATION EMPLOYEEa 
(a) IN GENERAL.—Section 7511(b) of title 5, United States Code, 
is amended— 
(1) by amending paragraph (7) to read as follows: 
"(7) whose position is within the Central Intelligence 
Agency or the General Accounting Office;"; 
(2) in paragraph (8) by strmng "or" after the semicolon; 
(3) in paragraph (9) by striking title." and inserting "title; 
or"; and 
(4) by adding at the end the following: 
"(10) who holds a position within the Veterans Health 
Administration which has been excluded from the competitive 
service by or under a provision of title 38, unless such employee 
was appointed to such position under section 7401(3) of audi 
title.". 
PUBLIC LAW 102-378—OCT. 2, 1992 
106 STAT. 1359 
(b) APPLICABILITY.—(1) The amendments made by subsection 5 use 75ii note, 
(a) shall apply with respect to any personnel action taking effect 
on or after the date of enactment of this Act. 
(2) In the case of an employee or former employee of the 
Veterans Health Administration (or predecessor agency in name)— 
(A) against whom an adverse personnel action was taken 
before the date of enactment of this Act, 
(B) who, as a result of tiie enactment of the Civil Service 
Due Process Amendbments (5 U.S.C. 7501 note), became ineli-
gible to appeal such action to the Merit Systems Protection 
Board, 
(C) as to whom that appeal right is restored as a result 
of the enactment of subsection (a), or would have been restored 
but for the passage of time, and 
(D) wno is not precluded, by section 7121(eXl) of title 
5, United States Code, from appealing to the Merit Systems 
Fi:t)tection Board, 
the deadline for bringing an appeal under section 7513(d) or section 
4303(e) of such title wiu respect to such action shall be the latter 
of— 
(i) the 60th day after the date of enactment of this 
Act; or 
(ii) the deadline which would otherwise apply if this 
paragraph had not been enacted. 
SEC. 7. R
E
T
R
O
A
C
T
I
V
E P
E
R
F
O
B
M
A
N
C
E A
W
A
R
D
S
. 
(a) IN GENERAL.—Section 7(b) of the Thrift Savings Plan Tech-
nical Amendments Act of 1990 (5 U.S.C. 3392 note; Public Law 
101-335) is amended by adding at the end thereof the following 
new paragraph: 
"(3) R
E
T
R
O
A
C
T
I
V
E P
E
R
F
O
R
M
A
N
C
E AWARDS.—If an individual 
elects under paragraph (2) to continue to be subject to perform-
ance awards, the nead of the agency in which such individvial 
is serving shall determine whether to grant retroactive perform-
ance awards for any fiscal years prior to fiscal vear 1991 
to such individual, and the amount oi any such awards, without 
regard to the provisions of subsection (b) of section 5383 of 
title 5, United States Code, and subsections (b) and (c) of 
section 5384 of such title. Before granting an award, the head 
of the agency shall make a written determination tiiat the 
individual's performance during the fiscal year for which the 
award is given was at least fully successful, and shall consider 
the recommendation of the agency's performance review board 
with respect to the award. No such award for performance 
during any fiscal year may be less than 5 percent nor more 
than 15 percent of the individual's rate of basic pay as of 
the end of 
such 
fiscal 
year.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 5 use 3392 note. 
shall be effective as if enacted as a part of section 7 of the Thrift 
Savings Plan Technical Amendments Act of 1990. 
SEC. 8. M
I
S
C
E
L
L
A
N
E
O
U
S PROVISIONS. 
(a) ELIMINATION OF DUPUCATIVE AMENDMENTS MADE BY THE 
DEFENSE 
ACQUISITION WORKFORCE IMPROVEMENT ACT.—Sub-
sections (i) and (j) of section 1206 of the Defense Acquisition 
Workforce Improvement Act, as contained in the National Defense 
Authorization Act for Fiscal Year 1991 (PubUc Law 101--510; 104 
106 STAT. 1360 
PUBLIC LAW 102-378—OCT. 2, 1992 
5 use 5380 and Stat. 1662, 1663), are repealed, and title 5, United States Code, 
note. 5532 ^d 
shall read as if such subsections had not been enacted. 
8
3
4
4
* 8 ^ 
(^) PROVISIONS RELATING TO COMPARABILITY PAYMENTS IN 1994 
A
N
D 1995.—^Notwithstanding section 5304 of title 5, United States 
Code, for purposes of any comparability payments scheduled to 
take effect under such section during calendar years 1994 and 
1995, respectively— 
(1) the report required by subsection (dXD of such section 
may be submitted not later than 1 month before the start 
of the calendar year for purposes of which it is prepared; 
and 
(2) the surveys conducted by the Bureau of Labor Statistics 
for use in prepanng any such report may be other than annual 
surveys, and shall, to me greatest extent practicable, be com-
pleted not later than 4 months before the start of the calendar 
year for purposes of which the surveys are conducted. 
5 use 6303 note. SEC. 9. EFFECTIVE DATES. 
(a) IN GENERAL.—^Except as otherwise provided in this section, 
this Act and the amendments made by tlus Act shall take effect 
as of the date of enactment of this Act. 
(b) EXCEPTIONS.—(1) The amendment made by section 4(c) shall 
be effective as of December 31,1991. 
(2) The amendments made by section 5(d) shall be effective 
as of December 9,1991. 
(3) The amendments made by sections 2(13) and 2(17) shall 
be effective as of October 1,1991. 
(4) The amendments made by sections 2(11), 2(19), 2(29), and 
2(38) shall be effective as of 
May 4,1991. 
(5) The amendments made by section 2(25) shall be effective 
as of February 3,1991. 
(6) The provisions of section 8(a) and the amendments made 
by sections 2(57XA), 2(60), 2(64), 2(67), 2(71), 2(75XA), 3(1), 3(4), 
3(6), and 5(a) shall be effective as of November 5,1990. 
(7) The amendment made by section 2(52) shall be effective 
as of January 1, 1989, except that no amount shall become payable, 
as a result or the enactment of such amendment, under— 
(A) subchapter VI of chapter 55 of title 5, United 
States Code, based on a separation that takes effect or 
an election that is made before the date of enactment 
ofthisAct;or 
(B) section 5551(b) of title 5, United States Code, which 
is attributable to an individual's being excepted from sub-
chapter I of chapter 63 of such title before the date of 
enactment of this Act. 
(8) The amendment made by section 2(69) shall be effective 
as of November 10,1988. 
(9) The amendments made by sections 2(40), 2(41), 2(42), 2(43), 
and 3(5) shall be effective as of the first day of the first applicable 
pay period beginning on or after the date of enactment of this 
Act. 
(10) The amendments made by section 2(28) shall be effective 
as of the first day of the first applicable pay period beginning 
on or after November 5,1990. 
(11) The amendment made by section 2(49) shall apply with 
respect to a separation that takes effect on or after the date of 
enactment of this Act. 
PUBLIC LAW 102-378—OCT. 2, 1992 
106 STAT. 1361 
(12) The amendment made b
^
^ section 5(e) shall apply with 
respect to any action (described in subclause (I) or (II) of the 
provisions struck by such amendment) occurring on or after the 
date of enactment of this Act. 
Approved October 2,1992. 
LEGISLATIVE 
fflSTORY—H.R. 
2850: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Mar. 17, considered and passed House. 
Aug. 6, considered and passed Senate, amended. 
Sept. 22, House concurred in Senate amendment. 
59-194 O—93 
16:QL3(Pt2)