[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 DEFENSE DEPARTMENT OVERSEAS TEACHERS PAY AND PERSONNEL PRACTICES ACT 
                               AMENDMENTS

  Mr. McCLOSKEY. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 3499) to amend the Defense Department 
Overseas Teachers Pay and Personnel Practices Act, with a Senate 
amendment thereto and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment: page 2 after line 12, insert:

     SEC. 2. PROHIBITION ON CASH AWARDS TO CERTAIN FEDERAL 
                   OFFICERS.

       (a) In General.--Chapter 45 of title 5, United States Code, 
     is amended by inserting after section 4507 the following new 
     sections:

     ``Sec. 4508. Limitation of awards during a Presidential 
       election year

       ``(a) For purposes of this section, the term--
       ``(1) `Presidential election period' means any period 
     beginning on June 1 in a calendar year in which the popular 
     election of the President occurs, and ending on January 20 
     following the date of such election; and
       ``(2) `senior politically appointed officer' means any 
     officer who during a Presidential election period serves--
       ``(A) in a Senior Executive Service position and is not a 
     career appointee as defined under section 3132(a)(4); or
       ``(B) in a position of a confidential or policy-determining 
     character under schedule C of subpart C of part 213 of title 
     5 of the Code of Federal Regulations.
       ``(b) No senior politically appointed officer may receive 
     an award under the provisions of this subchapter during a 
     Presidential election period.

     ``Sec. 4509. Prohibition of cash award to Executive Schedule 
       officers

       ``No officer may receive a cash award under the provisions 
     of this subchapter, if such officer--
       ``(1) serves in--
       ``(A) an Executive Schedule position under subchapter II of 
     chapter 53; or
       ``(B) a position for which the compensation is set in 
     statute by reference to a section or level under subchapter 
     II of chapter 53; and
       ``(2) was appointed to such position by the President, by 
     and with the advice and consent of the Senate.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 45 of title 5, United States Code, is 
     amended by inserting after the item relating to section 4507 
     the following:

``4508. Limitation of awards during a Presidential election year.
``4509. Prohibition of cash award to Executive Schedule officers.''.

  Mr. McCLOSKEY (during the reading). Mr. Speaker, I ask unanimous 
consent that the Senate amendment be considered as read and printed in 
the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the initial request of 
the gentleman from Indiana?
  Mr. MYERS of Indiana. Mr. Speaker, reserving the right to object, I 
yield to the gentleman from Indiana [Mr. McCloskey] to explain what is 
in this compromise.
  Mr. McCLOSKEY. Mr. Speaker, H.R. 3499 provides for the establishment 
of voluntary leave transfer and leave bank programs for the Department 
of Defense Depend Schools [DODDS] teachers. These programs already 
exist for Federal employees generally. They permit Federal employees to 
transfer and receive annual leave donated by their coworkers when 
either they or their coworkers are expecting medical emergencies 
requiring extended absence from the workplace.
  However, since by definition, DODDS teacher leave is not considered 
annual leave, a voluntary leave sharing program may not be established 
for them without providing new statutory authority.
  In addition, H.R. 3499, authorizes three additional days of leave for 
teachers employed in supervisory or higher positions because such 
employees generally work 222 days per school year compared to the 190 
days required of regular teachers.
  The Senate amended H.R. 3499, by adding a provision prohibiting the 
award of cash bonuses to noncareer appointees in the Senior Executive 
Service or persons serving in a position of a confidential or policy-
determining character under schedule C during a 6-month period, June 1 
prior to a Presidential election to the following January 20, and it 
also completely prohibits cash bonuses to those in Executive Schedule 
(ES) I--V and those Executive Schedule equivalents who are Presidential 
appointees confirmed by the Senate.
  This provision is in response to the last minute bonuses that were 
awarded to political appointees at the end of the previous 
administration. It would enact current OPM policy regarding bonuses for 
these high-level political employees. This amendment will not affect 
career Executive Schedule employees.
  This provision is similar to S. 1070, which passed the Senate by 
unanimous consent on November 24, 1993. It has the support of the 
Office of Personnel Management.
  The Post Office and Civil Service Committee has no objection to this 
amendment.
  Mr. Speaker, I would just say that again, in the interest of brevity 
and it being almost exactly midnight, that there is nothing which is 
nongermane. And I have been told that it has been accepted on the 
gentleman's side.
  Mr. MYERS of Indiana. Mr. Speaker, it is close to midnight, and I do 
not want to change into a pumpkin. The magic date for adjuornment is 
October 7, and we are almost missing that.
  So there is nothing that is not germane to the House rules in this 
legislation.
  Mr. McCLOSKEY. That is true.
  Mr. MYERS of Indiana. There are no substantive changes in the 
compromise.
  Mr. McCLOSKEY. That is my understanding.
  Mr. MYERS of Indiana. Mr. Speaker, I withdraw my reservation of 
objection.
  The SPEAKER pro tempore. is there objection to the initial request of 
the gentleman from Indiana?
  There was no objection.
  A motion to reconsider was laid on the table.

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