Union Calendar No. 138

103D CONGRESS

1ST SESSION H. R. 3019

[Report No. 103–247]

A BILL

To amend title 5, United States Code, to provide

ognition system, and for other purposes.nation of the performance management and recfor a temporary extension and the orderly termiSEPTEMBER 21, 1993

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 138

103D CONGRESS

1ST SESSION H. R. 3019

[Report No. 103–247]

To amend title 5, United States Code, to provide for a temporary extension

and the orderly termination of the performance management and recognition system, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 8, 1993

Ms. NORTON (for herself and Mrs. MORELLA) introduced the following bill;

which was referred to the Committee on Post Office and Civil Service

SEPTEMBER 21, 1993

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend title 5, United States Code, to provide for a

temporary extension and the orderly termination of the

performance management and recognition system, and

for other purposes.

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

2 This Act may be cited as the ‘‘Performance Manage3 ment and Recognition System Termination Act’’.

4 SEC. 2. TEMPORARY EXTENSION.

5 Effective as of September 30, 1993, section 5410 of

6 title 5, United States Code, is amended by striking ‘‘Sep7 tember 30, 1993’’ and inserting ‘‘October 31, 1993’’.

8 SEC. 3. TERMINATION PROVISIONS.

9 (a) IN GENERAL.—

10 (1) REPEAL.—Chapter 54 of title 5, United

11 States Code, is repealed.

12 (2) ANALYSIS.—The analysis for part III of

13 title 5, United States Code, is amended by striking

14 the item relating to chapter 54.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 (1) TITLE 5, UNITED STATES CODE.—Title 5,

17 United States Code, is amended—

18 (A) in section 3372(d) by striking ‘‘addi19 tional step-increases, merit pay, and cash

20 awards, as defined in chapters 53 and 54’’ and

21 inserting ‘‘and additional step-increases, as de22 fined in chapter 53’’;

23 (B)(i) by striking section 4302a; and

24 (ii) in the analysis for chapter 43 by strik25 ing the item relating to section 4302a;
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1 (C) by amending subparagraph (A) of sec2 tion 4501(2) to read as follows:

3 ‘‘(A) an employee as defined by section

4 2105; and’’;

5 (D) in section 4502(e) by striking para6 graph (1) and by striking ‘‘(2)’’;

7 (E) in section 5302—

8 (i) in paragraph (8)—

9 (I) in subparagraph (A) by in10 serting ‘‘and’’ after the semicolon; and

11 (II) by striking subparagraph (B)

12 and redesignating subparagraph (C)

13 as subparagraph (B); and

14 (ii) in paragraph (9) by striking ‘‘ap15 plies (including any position under the per16 formance management and recognition sys17 tem).’’ and inserting ‘‘applies.’’;

18 (F) in section 5332(a)(1) by striking ‘‘, ex19 cept an employee covered by the performance

20 management and recognition system established

21 under chapter 54,’’;

22 (G) in section 5334—

23 (i) in subsection (c)(2) by striking

24 ‘‘step,’’ and all that follows through ‘‘any

25 dollar amount,’’ and inserting ‘‘step’’; and
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1 (ii) by striking subsection (f) and re2 designating subsection (g) as subsection

3 (f);

4 (H) in section 5335—

5 (i) in subsection (e) by striking ‘‘cov6 ered by the performance management and

7 recognition system established under chap8 ter 54 of this title, or,’’; and

9 (ii) by striking subsection (f) and re10 designating subsection (g) as subsection

11 (f);

12 (I) in section 5336(c) by striking ‘‘covered

13 by the performance management and recogni14 tion system established under chapter 54 of this

15 title, or,’’;

16 (J) in section 5361(5) by striking all that

17 follows ‘‘of this chapter,’’ and inserting ‘‘or a

18 special occupational pay system under sub19 chapter IX;’’;

20 (K) in section 5362(c)—

21 (i) in the matter before paragraph (1)

22 by striking ‘‘chapters 54 and 55 of this

23 title, retirement and life insurance under

24 chapters 83 and 87’’ and inserting ‘‘chap-
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1 ter 55 of this title, retirement and life in2 surance under chapters 83, 84, and 87’’;

3 (ii) by inserting ‘‘or’’ at the end of

4 paragraph (2); and

5 (iii) by striking paragraph (3) and re6 designating paragraph (4) as paragraph

7 (3);

8 (L) in section 5363(c)(2) by striking

9 ‘‘chapter 51, 53, or 54’’ and inserting ‘‘chapter

10 51 or 53’’;

11 (M) in section 5948(g)(1) by striking sub12 paragraph (C) and redesignating subparagraphs

13 (D) through (L) as subparagraphs (C) through

14 (K), respectively; and

15 (N) in section 8473(b)(8) by striking ‘‘in16 dividuals subject to the Performance Manage17 ment and Recognition System under chapter 54

18 of this title;’’ and inserting ‘‘supervisors and

19 management officials (as defined by section

20 7103(a));’’.

21 (2) FEPCA.—Section 302(b)(1) of the Federal

22 Employees Pay Comparability Act of 1990 (5 U.S.C.

23 5304 note) is amended by striking ‘‘(including an

24 employee covered by the performance management

25 and recognition system)’’.
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1 (3) TITLE 10, UNITED STATES CODE.—Title 10,

2 United States Code, is amended—

3 (A) in section 1602 by inserting ‘‘, as in

4 effect on October 31, 1993’’ after ‘‘section 5401

5 of title 5’’;

6 (B) in section 1732(b)(1)(A) by striking

7 ‘‘Schedule (including any employee covered by

8 chapter 54 of title 5).’’ and inserting ‘‘Sched9 ule.’’; and

10 (C) in section 1733(b)(1)(A)(i) by striking

11 ‘‘Schedule (including an employee covered by

12 chapter 54 of title 5),’’ and inserting ‘‘Sched13 ule,’’.

14 (4) TITLE 31, UNITED STATES CODE.—Section

15 731(b) of title 31, United States Code, is amended

16 by inserting ‘‘, as in effect on October 31, 1993’’

17 after ‘‘section 5401 of title 5’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall take effect as of November 1, 1993.

20 SEC. 4. TREATMENT OF EMPLOYEES COVERED BY THE SYS21 TEM AS OF ITS TERMINATION DATE.

22 (a) DEFINITIONS.—For purposes of this section—

23 (1) the term ‘‘employee’’ means an individual

24 employed by an agency (within the meaning of sec25 tion 7103(a)(3) of title 5, United States Code);
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1 (2) the term ‘‘performance management and

2 recognition system’’ means the performance manage3 ment and recognition system under chapter 54 of

4 title 5, United States Code;

5 (3) the term ‘‘basic pay’’ does not include any

6 amount payable under section 302 or title IV of

7 FEPCA or section 5304 or 5304a of title 5, United

8 States Code;

9 (4) the term ‘‘pay rate’’, as used in clauses (iii)

10 through (v) of subsection (c)(2)(B), is used in the

11 same way as such term is used under section

12 5335(a) of title 5, United States Code; and

13 (5) the term ‘‘FEPCA’’ means the Federal Em14 ployees Pay Comparability Act of 1990 (contained in

15 the Treasury, Postal Service and General Govern16 ment Appropriations Act, 1991 (Public Law 101–

17 509; 104 Stat. 1427)).

18 (b) APPLICABILITY.—Notwithstanding section

19 5332(a)(1) of title 5, United States Code (as amended by

20 section 3(b)(1)(F)), or any other provision of law, the rate

21 of basic pay for an employee covered by the performance

22 management and recognition system on October 31, 1993,

23 shall be determined in accordance with this section so long

24 as such employee continues, without a break in service of

25 more than 3 days, to occupy any position—
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1 (1) which is in the same grade of the General

2 Schedule, and the same agency, as the position

3 which such employee occupied on October 31, 1993;

4 and

5 (2) to which the provisions of chapter 54 of

6 title 5, United States Code (as in effect on October

7 31, 1993) would apply if such provisions had re8 mained in effect.

9 (c) SPECIAL RULES.—

10 (1) IN GENERAL.—The rate of basic pay for an

11 employee who is subject to this section shall be the

12 rate payable to such employee on October 31, 1993,

13 subject to paragraph (2).

14 (2) ADJUSTMENTS.—Adjustments in the rate of

15 basic pay for an employee who is subject to this sec16 tion shall be made in accordance with the relevant

17 provisions of title 5, United States Code, or other18 wise applicable provisions of law, subject to the

19 following:

20 (A) DEEM RATES AND POSITIONS TO BE

21 UNDER THE GENERAL SCHEDULE.—For pur22 poses of applying subchapters I and III of

23 chapter 53 of such title (and the provisions of

24 section 302 and title IV of FEPCA with respect
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1 to any payment under any of those provi2 sions)—

3 (i) the rate of basic pay determined

4 under this section for an employee shall be

5 treated as a rate of basic pay described in

6 section 5302(8) of such title;

7 (ii) the position then currently occu8 pied by an employee who is subject to this

9 section shall be deemed to be a ‘‘General

10 Schedule position’’ within the meaning of

11 section 5302(9) of such title; and

12 (iii) any employee who is subject to

13 this section shall be considered to be a

14 ‘‘General Schedule employee’’ (as referred

15 to in section 302(b) of FEPCA).

16 (B) SPECIAL RULES RELATING TO PROVI17 SIONS GOVERNING STEP-INCREASES.—For pur18 poses of applying the provisions of sections

19 5335 and 5336 of title 5, United States Code,

20 with respect to any employee who is subject to

21 this section—

22 (i) any reference in such provisions to

23 a ‘‘step-increase’’ shall be considered to

24 mean an increase equal to one-ninth of the

25 difference between the minimum and maxi-
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1 mum rates of pay for the applicable grade

2 of the General Schedule;

3 (ii) any reference in such provisions to

4 the ‘‘next higher rate within the grade’’

5 shall be considered to mean the rate of

6 basic pay which exceeds such employee’s

7 then current rate of basic pay by the

8 amount of a step-increase;

9 (iii) if the employee’s rate of basic pay

10 is less than the rate for pay rate 4 of the

11 applicable grade, such employee’s rate of

12 basic pay shall be governed by paragraph

13 (1) of section 5335(a) of such title;

14 (iv) if the employee’s rate of basic pay

15 is equal to or greater than the rate for pay

16 rate 4 but less than the rate for pay rate

17 7 of the applicable grade, such employee’s

18 rate of basic pay shall be governed by

19 paragraph (2) of section 5335(a) of such

20 title; and

21 (v) if the employee’s rate of basic pay

22 is equal to or greater than the rate for pay

23 rate 7 but less than the maximum rate of

24 the applicable grade, such employee’s rate
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1 of basic pay shall be governed by para2 graph (3) of section 5335(a) of such title.

3 No rate of basic pay for an employee may be

4 increased, as a result of this subparagraph (or

5 any provision of law to which any clause of this

6 subparagraph relates), if or to the extent that

7 the resulting rate would exceed the maximum

8 rate for the grade of the position occupied by

9 such employee.

10 (d) REGULATIONS.—The Office of Personnel Man11 agement shall prescribe any regulations which may be nec12 essary for the administration of this section.

13 SEC. 5. MISCELLANEOUS PROVISIONS.

14 (a) COORDINATION RULE.—Notwithstanding the

15 amendment made by section 3(b)(1)(H)(ii), an increase in

16 pay granted under section 5404 of title 5, United States

17 Code, before November 1, 1993, shall be deemed to be

18 an equivalent increase in pay within the meaning of sec19 tion 5335(a) of such title.

20 (b) PERFORMANCE AWARDS.—Notwithstanding sec21 tion 2, for purposes of applying section 5406 of title 5,

22 United States Code, the amount under subsection

23 (c)(1)(A)(ii) of such section 5406 with respect to awards

24 for work performed during fiscal year 1994 shall, for each

25 agency subject to such section 5406, be deemed to be zero.