Federal Pay Reform Act of 1990

Federal Pay Reform Act of 1990 - Title I: Federal Pay Comparability Reform and Locality-Based Pay Adjustments - Revises policy objectives under which pay will be fixed and adjusted for the General Schedule and other statutory pay systems to allow distinctions between different local pay areas.

Directs the President's Pay Agent to determine locality-based pay adjustments for positions under statutory pay systems 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 President's Pay Agent 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 (excluding sales) based upon data provided by BLS. Directs the President's Pay Agent to determine the boundaries of each local pay area in consultation with BLS. Subjects the Performance Management and Recognition System to such adjustments.

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 because of a national emergency or serious economic conditions affecting the general welfare, in which case the President may reduce the annual general adjustment by a certain percentage based on the increase. Limits such a reduced annual general adjustment to not more than eight percent in any year.

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; or (3) any other circumstances which the President considers appropriate. Prohibits a minimum special pay rate from exceeding 160 percent of the minimum pay rate prescribed by statute for the applicable grade or level. Authorizes the Office of Personnel Management (OPM) to make appropriate locality-based adjustments for any position for which a special rate of pay is established. Limits such adjustment to the minimum special pay rate limitation. Provides that such increases may not be considered part of an employee's basic pay.

Revises provisions authorizing the President to have OPM and Federal agencies prepare a report on the annual comparison of Federal pay rates with private enterprise rates to have such comparison made every other year with State and local government pay rates in addition to the private enterprise rates. Requires reports to the President on annual general adjustments and locality-based adjustments to reflect the views of Federal employee labor unions.

Abolishes the Advisory Committee on Federal Pay. Directs the President to establish the Federal Pay Council. Includes representatives of major Federal employee labor unions as members of the Council. Directs the President's Pay Agent to: (1) provide for meetings with the Council and to consider its views and recommendations and those of the unions not represented on the Council with respect to surveys, the comparison of pay rates, and establishment of pay areas; and (2) include such views and recommendations in a report to the President. Revises administrative provisions to provide the Council with the Committee's existing authority with respect to technical assistance, employee details, administrative support services, and experts and consultants. Changes such provisions regarding pay for members of the Council.

Authorizes the OPM Director, in consultation with 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 800 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, or professional qualifications; (2) additional compensation is necessary to recruit or retain exceptionally qualified individuals; and (3) the position is critical to the agency's successful accomplishment of an important mission. 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. Directs OPM to establish a Critical Position Advisory Panel to make recommendations on the criteria that should be used to determine which positions should be critical positions and the qualifications that should be expected of individuals assigned to such positions. Directs OPM to submit an annual report to the Congress listing all critical-pay positions in the Government.

Limits aggregate pay for positions receiving locality-based adjustments to the rate of pay for level II of the Executive Schedule.

Directs the President's Pay Agent 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 job performance; (3) a plan to close any remaining differences in Federal pay in comparison with private enterprise and State and local government pay rates; and (4) the desirability of establishing separate pay systems for certain occupations such as law enforcement personnel and fire fighters.

Title II: Miscellaneous Federal Pay Reform Provisions - Authorizes OPM to permit agencies to grant employees up to five days off each year without loss of pay or leave as an incentive award for superior accomplishment or other personal effort that contributes to the quality, efficiency, or economy of Government operations.

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.

Reclassifies positions at GS-16, 17, and 18 as positions above GS-15 (Senior Level positions). Makes ineligible for such reclassification positions in the Senior Executive Service (SES), the Federal Bureau of Investigation, and the Drug Enforcement Administration Senior Service. Sets the minimum rate for Senior Level positions at 120 percent of the minimum rate for GS-15 and the maximum rate at level IV of the Executive Schedule. Prohibits application of provisions regarding pay adjustment, pay rate setting, and merit increases.

Authorizes OPM to permit agency heads to pay lump-sum bonuses of up to 25 percent of basic pay to newly appointed employees or to an employee who must relocate to accept a position if the agency would otherwise encounter difficulty in filling the position. Requires the employee to enter into an agreement to complete a specified period of service with the agency to receive such bonus. Prohibits such bonus from being considered part of basic pay. Requires the employee to repay the bonus on a pro rata basis upon failure to complete the specified period of such service.

Authorizes OPM to permit agency heads to pay retention allowances of up to 25 percent of basic pay to employees who would otherwise be likely to leave the agency and who have unusually high or unique qualifications or if a special need of the agency for the employee's services makes it essential to retain the employee.

Establishes a new pay system for administrative law judges consisting of three or more rates of basic pay set by the President which may not be less than 120 percent of the minimum rate for GS-15 or more than the maximum rate for level IV of the Executive Schedule. Directs OPM to determine the rate of basic pay for each judge based on certain considerations.

Authorizes agencies to pay new employees up to two pay periods' basic pay if they relocate to accept an appointment with the Federal Government.

Eliminates computation of overtime rates and wage-board overtime and Sunday rates under premium pay provisions for employees subject to the overtime pay provisions of the Fair Standards Act of 1938 but deems as overtime hours their hours of work in excess of eight hours per day for purposes of that Act. Deems as hours of work their hours in a paid non-work status.

Provides that hazardous duty differentials may apply to employees in positions inherently involving physical hardship or hazard only if approved by OPM.

Allows employees involved in certain emergency work to receive premium pay without regard to the usual biweekly limit as long as their annual aggregate pay does not exceed the maximum rate of basic pay for GS-15.

Authorizes agencies to pay: (1) travel and transportation expenses to candidates for Federal employment for job interviews; and (2) travel expenses to new appointees and student trainees, regardless of the nature of their appointment. Repeals provisions with respect to travel expenses of SES candidates.

Increases the maximum uniform allowance from $125 per year to $400 per year and permits OPM to adjust the maximum amount by regulation.

Extends the physicians' comparability allowance program from September 30, 1990, to September 30, 1995. Prohibits any service under such program from extending beyond September 30, 1997.

Authorizes the Director of OPM to waive on a case-by-case basis the application of provisions imposing financial penalties on reemployed civilian retirees under either the Civil Service or Federal Employee's Retirement System or military retirees when filling vacancies in scientific, technical, professional, or administrative positions for which there is exceptional difficulty in recruiting qualified employees. Limits the total number of waivers under such provisions to 1,250.

Provides that the rate of basic pay for the SES shall be adjusted by the President when either the General Schedule or Executive Schedule is adjusted.

Amends the Federal judicial code to set the pay of trustees in bankruptcy actions so as not to exceed the maximum pay rate for level V of the Executive Schedule plus the cash value of employment benefits provided to Federal employees in comparable positions in terms of pay and duties.

Requires the President to adjust the rates of basic pay and allowances for members of the uniformed services by a percentage determined by the President. Limits such pay to level V of the Executive Schedule.

Amends the Contract Disputes Act of 1978 to increase the compensation for officers and members of agency boards of contracts appeals. Ties such compensation to SES pay rates.

Title III: Administrative Office of the United States Courts Personnel - Administrative Office of the United States Courts Personnel Act of 1990 - Authorizes the Director of the Administrative Office of the United States Courts (Office) to appoint, fix the compensation of, assign, and direct such personnel as deemed necessary to discharge official duties and functions.

Requires the Director to establish a personnel management system for the Office: (1) which provides for the appointment, pay, promotion, and assignment of all employees based on merit; and (2) to which civil service provisions shall not apply.

Requires that such system, at a minimum: (1) provide for a schedule of pay rates applicable to all employees; (2) provide that the basic rate of pay shall not exceed level V of the Executive Schedule, with exceptions; (3) incorporate pay comparability principles; (4) provide for pay adjustments as provided for General Schedule and prevailing rate employees; (5) establish procedures for employee evaluations, the granting of periodic pay adjustments, incentive awards, and resolution of employee grievances; (6) establish procedures for disciplinary actions; (7) establish procedures for premium pay; (8) include merit system principles; (9) prohibit personnel practices prohibited under Federal law; (10) prohibit discrimination on the basis of race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition; and (11) provide for the basic rate of pay of not more than five percent of the authorized positions of the Office, with exceptions, to be set at rates not to exceed the rate of basic pay for positions at level IV of the Executive Schedule.

Authorizes the Director to implement flexible and compressed work schedules and to exempt the hours constituting such schedules from premium pay to the extent necessary to implement such schedules.

Requires the Director to promulgate regulations providing procedures for resolving complaints of discrimination by employees and applicants.

Limits the aggregate pay in any one-year period of any individual whose basic rate of pay is set under this Act to the annual aggregate amount computed at the basic rate of pay for the position of the Director.

Authorizes the Director to apply Federal provisions regarding travel expenses and leave for certain positions, including the Deputy Director, and to provide for incentive awards, subject to specified limitations.

Authorizes the Chief Justice of the United States or the Judicial Conference of the United States to grant incentive awards to the Director, subject to certain limitations.

Authorizes the Director to develop and conduct programs to meet agency training needs.

Continues the right of specified employees to file appeals to the Merit Systems Protection Board or Equal Employment Opportunity Commission.

Includes the Office, the Federal Judicial Center, and specified courts within the scope of civil service severance pay provisions. Applies back pay provisions to the Center and specified courts.

Authorizes the Director to exclude from operation of civil service retirement provisions employees of the Office, the Center, or specified courts whose employment is temporary or of uncertain duration.

Sets the salary of the Deputy Director at 92 percent of that of the Director.

Authorizes appropriations.

Title IV: Technical and Conforming Amendments - Makes technical and conforming amendments.