[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3483 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3483

  To amend title 5, United States Code, to enable Federal agencies to 
   design personnel systems suited to their missions, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 1996

 Mr. Moran (for himself and Mr. Mica) (both by request) introduced the 
   following bill; which was referred to the Committee on Government 
Reform and Oversight, and in addition to the Committee on Rules, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, to enable Federal agencies to 
   design personnel systems suited to their missions, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Personnel Systems 
Reinvention Act of 1996''.

SEC. 2. REDESIGN OF THE OFFICE OF PERSONNEL MANAGEMENT.

    (a) Functions.--Section 1103(a) of title 5, United States Code, is 
amended--
            (1) by amending paragraph (5) to read as follows:
            ``(5) executing, administering, and enforcing the laws, 
        rules, and regulations governing the civil service, except with 
        respect to functions for which the Merit Systems Protection 
        Board or the Special Counsel is primarily responsible;'';
            (2) by striking paragraph (6) and redesignating paragraphs 
        (7) through (9) as paragraphs (6) through (8), respectively;
            (3) in paragraph (7) (as so redesignated) by striking 
        ``and'' after the semicolon;
            (4) in paragraph (8) (as so redesignated) by striking the 
        period and inserting a semicolon; and
            (5) by adding at the end the following:
            ``(9) serving as a point of contact for Congress on issues 
        concerning accountability for the executive branch's management 
        of human resources;
            ``(10) conducting broad systemic reviews of various aspects 
        of the Federal personnel system; working with agencies to 
        address problems, including helping agency heads ensure that 
        appropriate action is taken when violations of law are found; 
        and, when necessary, informing the President of serious 
        violations of merit system principles and directing appropriate 
        action;
            ``(11) exercising a leadership role in helping agencies 
        build more diverse, highly trained, and competent workforces;
            ``(12) overseeing the application and enforcement of 
        veterans' preference in Federal employment, in accordance with 
        the provisions of chapter 33;
            ``(13) assisting agencies in establishing their own 
        capacity to evaluate the effectiveness of their human resource 
        management programs;
            ``(14) coordinating interagency cooperation on common human 
        resources management concerns;
            ``(15) administering the governmentwide civilian pay 
        systems established under subchapters II, IV, and VIII of 
        chapter 53, sections 5372 and 5376, and related provisions of 
        law;
            ``(16) administering the governmentwide employee benefits 
        programs established under chapter 63, subchapter III of 
        chapter 83, subchapters I, II, IV, V, and VI of chapter 84, and 
        chapters 87 and 89;
            ``(17) operating the governmentwide employment information 
        system under sections 3327 and 3330;
            ``(18) providing reimbursable human resources services, 
        including staffing and classification services, to agencies and 
        other entities; and
            ``(19) maintaining governmentwide data bases on Federal 
        employees.''.
    (b) Special Authority.--Chapter 13 of title 5, United States Code, 
is amended--
            (1) in section 1302--
                    (A) in subsections (b) and (c) by striking ``, and 
                in the government of the District of Columbia''; and
                    (B) by striking subsection (d);
            (2) in section 1304--
                    (A) by amending the heading to read as follows:
``Sec. 1304. Revolving fund; reports'';
                    (B) by striking subsections (a) through (d) and 
                redesignating subsections (e) through (g) as 
                subsections (a) through (c), respectively; and
                    (C) in subsection (a)(1) (as so redesignated) by 
                amending the first sentence to read as follows: ``A 
                revolving fund is available to the Office, without 
                fiscal year limitation, for financing such functions as 
                the Office is authorized or required to perform on a 
                reimbursable basis, including services performed at the 
                request of individual agencies (which would otherwise 
                be the responsibility of such agencies).'';
            (3) by repealing section 1307;
            (4) by amending section 1308 to read as follows:
``Sec. 1308. Reports
    ``The Office shall submit such reports to the President from time 
to time as it deems necessary on matters within its purview, including 
summaries of its research studies, reports on demonstration projects 
conducted under chapter 47, and reports concerning the administration 
of employee benefits programs established under subchapter III of 
chapter 83, subchapters I, II, IV, V, and VI of chapter 84, and 
chapters 87 and 89.''; and
            (5) in the table of sections--
                    (A) by amending the item relating to section 1304 
                to read as follows:

``1304. Revolving fund; reports.'';
                    (B) by repealing the item relating to section 1307; 
                and
                    (C) by amending the item relating to section 1308 
                to read as follows:

``1308. Reports.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 3. HIRING SYSTEM REFORM.

    (a) In General.--Chapter 33 of title 5, United States Code, is 
amended--
            (1) by inserting after section 3318 the following:
``Sec. 3319. Alternative ranking and selection procedures
    ``(a) Notwithstanding sections 3309, 3313, 3317(a), and 3318(a)--
            ``(1) the Office, in exercising its authority under section 
        3304, or
            ``(2) an agency to which the Office has delegated examining 
        authority under section 1104(a)(2),
may establish category rating systems for evaluating job applicants for 
positions in the competitive service, under which qualified candidates 
are divided into 2 or more quality categories on the basis of relative 
degrees of merit, rather than assigned individual numerical ratings. 
Each applicant who meets the minimum qualification requirements for the 
position to be filled shall be assigned to an appropriate category 
based on an evaluation of the applicant's knowledge, skills, and 
abilities relative to those needed for successful performance in the 
job to be filled.
    ``(b) Within each quality category established under subsection 
(a), preference eligibilities shall be listed ahead of individuals who 
are not preference eligibles. For other than scientific and 
professional positions at or higher than GS-9 (or equivalent), 
preference eligibles who have a compensable service-connected 
disability of 10 percent or more, and who meet the minimum 
qualification standards, shall be listed in the highest quality 
category.
    ``(c) An appointing authority may select any applicant in the 
highest quality category or, if fewer than three candidates have been 
assigned to the highest quality category, in a merged category 
consisting of the highest and the second highest quality categories. 
Notwithstanding the preceding sentence, the appointing authority may 
not pass over a preference eligible in the same category from which 
selection is made, unless the requirements of section 3317(b) or 
3318(b), as applicable, are satisfied.
    ``(d) The Office of Personnel Management may prescribe such 
regulations as it considers necessary to carry out the provisions of 
this section.'';
            (2) by amending section 3341 to read as follows:
``Sec. 3341. Details; within Executive agencies and military 
              departments; employees affected by reduction in force
    ``(a) The head of an Executive agency or military department may 
detail employees, except those required by law to be engaged 
exclusively in some specific work, among the bureaus and offices of the 
agency or department.
    ``(b) The head of an Executive agency or military department may 
detail to duties in the same or another agency or department, on a 
nonreimbursable basis, an employee who has been identified by the 
employing agency as likely to be separated from the Federal service by 
reduction in force or who has received a specific notice of separation 
by reduction in force.
    ``(c) Details under subsection (a) may not be for periods exceeding 
120 days. These details may be renewed by written order of the head of 
the agency or department, in each particular case, for periods not 
exceeding 120 days.''; and
            (3) in the table of sections--
                    (A) by amending the item relating to section 3319 
                to read as follows:

``3319. Alternative ranking and selection procedures.''; and
                    (B) by amending the item relating to section 3341 
                to read as follows:

``3341. Details; within Executive agencies and military departments; 
                            employees affected by reduction in 
                            force.''.
    (b) Effective Date.--(1) Except as provided by paragraph (2), the 
amendments made by subsection (a) shall take effect 180 days after the 
date of the enactment of this Act.
    (2) The amendments made by paragraph (2) of subsection (a) shall 
take effect 30 days after the date of the enactment of this Act.

SEC. 4. AMENDMENTS TO INCENTIVE AWARDS AUTHORITY.

    (a) In General.--Chapter 45 of title 5, United States Code, is 
amended--
            (1) by amending section 4501 to read as follows:
``Sec. 4501. Definitions
    ``For the purpose of this subchapter--
            ``(1) the term `agency' means--
                    ``(A) an Executive agency;
                    ``(B) the Library of Congress;
                    ``(C) the Office of the Architect of the Capitol;
                    ``(D) the Botanic Garden;
                    ``(E) the Government Printing Office; and
                    ``(F) the United States Sentencing Commission;
        but does not include--
                    ``(i) the Tennessee Valley Authority; or
                    ``(ii) the Central Bank for Cooperatives;
            ``(2) the term `employee' means an employee as defined by 
        section 2105; and
            ``(3) the term `Government' means the Government of the 
        United States.'';
            (2) by amending section 4503 to read as follows:
``Sec. 4503. Agency awards
    ``The head of an agency may pay a cash award to, and incur 
necessary expenses for the honorary recognition of, an employee who, as 
an individual or a member of a group--
            ``(1) by a suggestion, invention, superior individual or 
        group accomplishment, sustained superior performance, or other 
        personal effort contributes to the efficiency, economy, or 
        other improvement of Government operations or achieves a 
        significant reduction in paperwork; or
            ``(2) performs a special act or service in the public 
        interest in connection with or related to official 
        employment.'';
            (3) by repealing section 4505a;
            (4) in section 4508(b) by striking ``an award'' and 
        inserting ``a cash award or time-off-from-duty award''; and
            (5) in the table of sections by repealing the item relating 
        to section 4505a.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 5. DEMONSTRATION PROJECTS.

    (a) In General.--Chapter 47 of title 5, United States Code, is 
amended--
            (1) in section 4701(a)(1) by striking subparagraph (A) and 
        by redesignating subparagraphs (B) and (C) as subparagraphs (A) 
        and (B), respectively;
            (2) in section 4703--
                    (A) in subsection (b)--
                            (i) by striking paragraph (3) and 
                        redesignating paragraphs (4) through (6) as 
                        paragraphs (3) through (5), respectively; and
                            (ii) in paragraph (3) (as so redesignated) 
                        by striking ``180 days'' and inserting ``150 
                        days'';
                    (B) by striking subsections (d), (e), (h), and (i);
                    (C) by redesignating subsections (f) and (g) as 
                subsections (l) and (m), respectively; and
                    (D) by inserting after subsection (c) the 
                following:
    ``(d)(1) Before the end of the 5-year period beginning on the date 
on which a demonstration project takes effect, the Office shall 
determine whether the project shall be--
            ``(A) terminated;
            ``(B) continued beyond the end of such 5-year period to the 
        extent necessary to validate the results of the project; or
            ``(C) made permanent, subject to paragraph (3).
    ``(2) Before making a determination under paragraph (1), the Office 
may provide for an evaluation of the results of the demonstration 
project and its impact on improving public management. Upon request of 
the Director of the Office, agencies shall cooperate with and assist 
the Office, to the extent practicable, in any evaluation undertaken 
under this paragraph and provide the Office with requested information 
and reports relating to demonstration projects in their agencies.
    ``(3)(A) Before extending a project under paragraph (1)(B) or 
making a project permanent under paragraph (1)(C), the Office shall 
publish a notice in the Federal Register of its intention to do so. In 
addition, the Office shall notify in writing both Houses of Congress of 
its intention to make a project permanent. A project may not be made 
permanent if a joint resolution is enacted, in accordance with this 
section, disapproving the proposal to make the project permanent before 
the earlier of--
            ``(i) the end of the 90-day period beginning on the date on 
        which the Office transmits its recommendation to Congress; or
            ``(ii) the adjournment of Congress sine die for the session 
        during which such recommendation is transmitted.
    ``(B) For purposes of subparagraph (A), the days on which either 
House of Congress is not in session because of an adjournment of more 
than 3 days to a day certain shall be excluded in the computation of a 
90-day period.
    ``(e) For purposes of this section, the term `joint resolution' 
means only a joint resolution which is introduced within the 10-day 
period beginning on the date on which the Office transmits its proposal 
to the Congress under subsection (d)(1)(C), the matter after the 
resolving clause of which is as follows: `That the Congress disapproves 
of the proposal of the Office of Personnel Management under section 
4703(d)(1)(C) of title 5, United States Code, as submitted on ____.', 
the blank space being filled in with the appropriate date.
    ``(f) A resolution described in subsection (e) that is introduced 
in the House of Representatives shall be referred to the Committee on 
Government Reform and Oversight of the House of Representatives. A 
resolution described in subsection (e) that is introduced in the Senate 
shall be referred to the Committee on Governmental Affairs of the 
Senate.
    ``(g) If the committee to which a resolution described in 
subsection (e) is referred has not reported such resolution by the end 
of the 20-day period beginning on the date on which the Office 
transmits its proposal to the Congress under subsection (d)(1)(C), such 
committee shall, at the end of such period, be discharged from further 
consideration of such resolution, and such resolution shall be placed 
on the appropriate calendar of the House involved.
    ``(h)(1) On or after the third day after the date on which the 
committee to which such a resolution is referred has reported, or has 
been discharged (under subsection (g)) from further consideration of, 
such a resolution, it shall be in order (even though a previous motion 
to the same effect has been disagreed to) for any Member of the 
respective House to move to proceed to the consideration of the 
resolution. A Member may make the motion only on the day after the 
calendar day on which the Member announces to the House concerned the 
Member's intention to make the motion, except that, in the case of the 
House of Representatives, the motion may be made without such prior 
announcement if the motion is made by direction of the committee to 
which the resolution was referred. All points of order against the 
resolution (and against consideration of the resolution) are waived. 
The motion is highly privileged in the House of Representatives and is 
privileged in the Senate and is not debatable. The motion is not 
subject to amendment, or to a motion to postpone, or to a motion to 
proceed to the consideration of other business. A motion to reconsider 
the vote by which the motion is agreed to or disagreed to shall not be 
in order. If a motion to proceed to the consideration of the resolution 
is agreed to, the respective House shall immediately proceed to 
consideration of the joint resolution without intervening motion, 
order, or other business, and the resolution shall remain the 
unfinished business of the respective House until disposed of.
    ``(2) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 1 
hour, to be divided equally between those favoring and those opposing 
the resolution. An amendment to the resolution is not in order. A 
motion further to limit debate is in order and not debatable. A motion 
to postpone, or a motion to proceed to the consideration of other 
business, or a motion to recommit the resolution is not in order. A 
motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order.
    ``(3) Immediately following the conclusion of the debate on a 
resolution described in subsection (e) and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution 
shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in subsection (e) shall be decided without debate.
    ``(i)(1) If, before the passage by one House of a resolution of 
that House described in subsection (e), that House receives from the 
other House a resolution described in subsection (e), then the 
following procedures shall apply:
            ``(A) The resolution of the other House shall not be 
        referred to a committee and may not be considered in the House 
        receiving it except in the case of final passage as provided in 
        subparagraph (B)(ii).
            ``(B) With respect to a resolution described in subsection 
        (e) of the House receiving the resolution--
                    ``(i) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House; but
                    ``(ii) the vote on final passage shall be on the 
                resolution of the other House.
    ``(2) Upon disposition of the resolution received from the other 
House, it shall no longer be in order to consider the resolution that 
originated in the receiving House.
    ``(j) Subsections (e) through (i) are enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such are 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in subsection 
        (e), and shall supersede other rules only to the extent 
        inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
    ``(k) After consulting with the agency involved, the Office may 
terminate a demonstration project at any time if it determines that the 
project--
            ``(1) is not consistent with merit system principles set 
        forth in section 2301, veterans' preference principles, or the 
        provisions of this chapter; or
            ``(2) otherwise imposes a substantial hardship on, or is 
        not in the best interests of, the public, the Government, 
        employees, or eligibles.'';
                    (E) by adding after subsection (m) (as so 
                redesignated by subparagraph (C)) the following:
    ``(n) Funds appropriated to the Office for the purpose of this 
chapter may be allocated by the Office to any agency conducting 
demonstration projects or assisting the Office in conducting such 
projects. Funds so allocated shall remain available for such period as 
may be specified in appropriation Acts.'';
            (3) by repealing sections 4704 and 4705;
            (4) by redesignating section 4706 as section 4704;
            (5) in section 4704 (as so redesignated) by striking 
        ``shall prescribe regulations'' and inserting ``may prescribe 
        regulations''; and
            (6) in the table of sections by striking the items relating 
        to sections 4704 and 4705 and by striking ``4706'' and 
        inserting ``4704''.
    (b) Effective Date.--(1) Subject to paragraph (2), this section and 
the amendments made by this section shall take effect on the date of 
the enactment of this Act.
    (2)(A) Except as provided by subparagraph (B), the amendments made 
by this section shall have no effect on any demonstration project being 
conducted under chapter 47 of title 5, United States Code, on the date 
of the enactment of this Act.
    (B) Section 4703(d), as amended by subsection (a)(2)(D), shall 
apply with respect to demonstration projects being conducted under 
chapter 47 of such title 5 on the date of the enactment of this Act, 
except that the 5-year time limit for a determination under paragraph 
(1) of such section 4703(d) shall not apply with respect to any such 
projects that were initiated more than 5 years before the date of the 
enactment of this Act.

SEC. 6. STREAMLINING FEDERAL DISPUTE RESOLUTION PROCESSES.

    (a) In General.--Title 5, United States Code, is amended--
            (1) in chapter 43--
                    (A) in section 4302(b)(6) by striking ``or removing 
                employees who continue to have unacceptable performance 
                but only after an opportunity to demonstrate acceptable 
                performance'' and inserting ``removing, or taking other 
                appropriate action against employees whose performance 
                is unacceptable'';
                    (B) by repealing section 4303; and
                    (C) in the table of sections by repealing the item 
                relating to section 4303;
            (2) in section 5335(c)--
                    (A) by striking the second sentence;
                    (B) in the next to last sentence by striking ``or 
                appeal''; and
                    (C) in the last sentence by striking ``and the 
                entitlement of the employee to appeal to the Board do 
                not apply'' and inserting ``does not apply''; and
            (3) in section 7513(b)(1) by striking ``30'' and inserting 
        ``15''.
    (b) Conforming Amendments.--Title 5, United States Code, is 
amended--
            (1) in section 7121 (e)(1), (e)(2), and (f) by striking 
        ``sections 4303 and 7512 of this title'' each place it appears 
        and inserting ``section 7512'';
            (2) in section 7512 by inserting ``or'' at the end of 
        subparagraph (C), by striking subparagraph (D), and by 
        redesignating subparagraph (E) as subparagraph (D);
            (3) in section 7513(a) by striking the period and inserting 
        ``, including an action based on unacceptable performance.''; 
        and
            (4) in section 7701(c)(1)(A) by striking ``an action based 
        on unacceptable performance described in section 4303 or''.
    (c) Effective Date.--(1) Subject to paragraphs (2) and (3), this 
section and the amendments made by this section shall take effect 180 
days after the date of the enactment of this Act.
    (2) The amendments made by subsection (a)(1) shall not apply in the 
case of an employee who, before the effective date of this section, 
receives advance written notice of a proposed action under section 
4303(b)(1)(A) of title 5, United States Code.
    (3) The amendment made by subsection (a)(2) shall not apply to an 
individual who, before the effective date of this section, receives 
written notice of his or her right to appeal a determination under 
section 5335(a) of title 5, United States Code.
                                 <all>