IIA

103D CONGRESS

1ST SESSION H. R. 3019

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 22 (legislative day, SEPTEMBER 7), 1993

Received

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Performance Manage5 ment and Recognition System Termination Act’’.
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1 SEC. 2. TEMPORARY EXTENSION.

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

3 title 5, United States Code, is amended by striking ‘‘Sep4 tember 30, 1993’’ and inserting ‘‘October 31, 1993’’.

5 SEC. 3. TERMINATION PROVISIONS.

6 (a) IN GENERAL.—

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

8 States Code, is repealed.

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

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

11 the item relating to chapter 54.

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

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

14 United States Code, is amended—

15 (A) in section 3372(d) by striking ‘‘addi16 tional step-increases, merit pay, and cash

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

18 inserting ‘‘and additional step-increases, as de19 fined in chapter 53’’;

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

21 (ii) in the analysis for chapter 43 by strik22 ing the item relating to section 4302a;

23 (C) by amending subparagraph (A) of sec24 tion 4501(2) to read as follows:

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

26 2105; and’’;
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1 (D) in section 4502(e) by striking para2 graph (1) and by striking ‘‘(2)’’;

3 (E) in section 5302—

4 (i) in paragraph (8)—

5 (I) in subparagraph (A) by in6 serting ‘‘and’’ after the semicolon; and

7 (II) by striking subparagraph (B)

8 and redesignating subparagraph (C)

9 as subparagraph (B); and

10 (ii) in paragraph (9) by striking ‘‘ap11 plies (including any position under the per12 formance management and recognition sys13 tem).’’ and inserting ‘‘applies.’’;

14 (F) in section 5332(a)(1) by striking ‘‘, ex15 cept an employee covered by the performance

16 management and recognition system established

17 under chapter 54,’’;

18 (G) in section 5334—

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

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

21 dollar amount,’’ and inserting ‘‘step’’; and

22 (ii) by striking subsection (f) and re23 designating subsection (g) as subsection

24 (f);

25 (H) in section 5335—
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1 (i) in subsection (e) by striking ‘‘cov2 ered by the performance management and

3 recognition system established under chap4 ter 54 of this title, or,’’; and

5 (ii) by striking subsection (f) and re6 designating subsection (g) as subsection

7 (f);

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

9 by the performance management and recogni10 tion system established under chapter 54 of this

11 title, or,’’;

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

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

14 special occupational pay system under sub15 chapter IX;’’;

16 (K) in section 5362(c)—

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

18 by striking ‘‘chapters 54 and 55 of this

19 title, retirement and life insurance under

20 chapters 83 and 87’’ and inserting ‘‘chap21 ter 55 of this title, retirement and life in22 surance under chapters 83, 84, and 87’’;

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

24 paragraph (2); and
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1 (iii) by striking paragraph (3) and re2 designating paragraph (4) as paragraph

3 (3);

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

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

6 51 or 53’’;

7 (M) in section 5948(g)(1) by striking sub8 paragraph (C) and redesignating subparagraphs

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

10 (K), respectively; and

11 (N) in section 8473(b)(8) by striking ‘‘in12 dividuals subject to the Performance Manage13 ment and Recognition System under chapter 54

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

15 management officials (as defined by section

16 7103(a));’’.

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

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

19 5304 note) is amended by striking ‘‘(including an

20 employee covered by the performance management

21 and recognition system)’’.

22 (3) TITLE 10, UNITED STATES CODE.—Title 10,

23 United States Code, is amended—
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1 (A) in section 1602 by inserting ‘‘, as in

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

3 of title 5’’;

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

5 ‘‘Schedule (including any employee covered by

6 chapter 54 of title 5).’’ and inserting ‘‘Sched7 ule.’’; and

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

9 ‘‘Schedule (including an employee covered by

10 chapter 54 of title 5),’’ and inserting ‘‘Sched11 ule,’’.

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

13 731(b) of title 31, United States Code, is amended

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

15 after ‘‘section 5401 of title 5’’.

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

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

18 SEC. 4. TREATMENT OF EMPLOYEES COVERED BY THE SYS19 TEM AS OF ITS TERMINATION DATE.

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

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

22 employed by an agency (within the meaning of sec23 tion 7103(a)(3) of title 5, United States Code);

24 (2) the term ‘‘performance management and

25 recognition system’’ means the performance manage-
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1 ment and recognition system under chapter 54 of

2 title 5, United States Code;

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

4 amount payable under section 302 or title IV of

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

6 States Code;

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

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

9 same way as such term is used under section

10 5335(a) of title 5, United States Code; and

11 (5) the term ‘‘FEPCA’’ means the Federal Em12 ployees Pay Comparability Act of 1990 (contained in

13 the Treasury, Postal Service and General Govern14 ment Appropriations Act, 1991 (Public Law 101–

15 509; 104 Stat. 1427)).

16 (b) APPLICABILITY.—Notwithstanding section

17 5332(a)(1) of title 5, United States Code (as amended by

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

19 of basic pay for an employee covered by the performance

20 management and recognition system on October 31, 1993,

21 shall be determined in accordance with this section so long

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

23 more than 3 days, to occupy any position—

24 (1) which is in the same grade of the General

25 Schedule, and the same agency, as the position
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1 which such employee occupied on October 31, 1993;

2 and

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

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

5 31, 1993) would apply if such provisions had re6 mained in effect.

7 (c) SPECIAL RULES.—

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

9 employee who is subject to this section shall be the

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

11 subject to paragraph (2).

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

13 basic pay for an employee who is subject to this sec14 tion shall be made in accordance with the relevant

15 provisions of title 5, United States Code, or other16 wise applicable provisions of law, subject to the

17 following:

18 (A) DEEM RATES AND POSITIONS TO BE

19 UNDER THE GENERAL SCHEDULE.—For pur20 poses of applying subchapters I and III of

21 chapter 53 of such title (and the provisions of

22 section 302 and title IV of FEPCA with respect

23 to any payment under any of those provi24 sions)—
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1 (i) the rate of basic pay determined

2 under this section for an employee shall be

3 treated as a rate of basic pay described in

4 section 5302(8) of such title;

5 (ii) the position then currently occu6 pied by an employee who is subject to this

7 section shall be deemed to be a ‘‘General

8 Schedule position’’ within the meaning of

9 section 5302(9) of such title; and

10 (iii) any employee who is subject to

11 this section shall be considered to be a

12 ‘‘General Schedule employee’’ (as referred

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

14 (B) SPECIAL RULES RELATING TO PROVI15 SIONS GOVERNING STEP-INCREASES.—For pur16 poses of applying the provisions of sections

17 5335 and 5336 of title 5, United States Code,

18 with respect to any employee who is subject to

19 this section—

20 (i) any reference in such provisions to

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

22 mean an increase equal to one-ninth of the

23 difference between the minimum and maxi24 mum rates of pay for the applicable grade

25 of the General Schedule;
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1 (ii) any reference in such provisions to

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

3 shall be considered to mean the rate of

4 basic pay which exceeds such employee’s

5 then current rate of basic pay by the

6 amount of a step-increase;

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

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

9 applicable grade, such employee’s rate of

10 basic pay shall be governed by paragraph

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

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

13 is equal to or greater than the rate for pay

14 rate 4 but less than the rate for pay rate

15 7 of the applicable grade, such employee’s

16 rate of basic pay shall be governed by

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

18 title; and

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

20 is equal to or greater than the rate for pay

21 rate 7 but less than the maximum rate of

22 the applicable grade, such employee’s rate

23 of basic pay shall be governed by para24 graph (3) of section 5335(a) of such title.
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1 No rate of basic pay for an employee may be

2 increased, as a result of this subparagraph (or

3 any provision of law to which any clause of this

4 subparagraph relates), if or to the extent that

5 the resulting rate would exceed the maximum

6 rate for the grade of the position occupied by

7 such employee.

8 (d) REGULATIONS.—The Office of Personnel Man9 agement shall prescribe any regulations which may be nec10 essary for the administration of this section.

11 SEC. 5. MISCELLANEOUS PROVISIONS.

12 (a) COORDINATION RULE.—Notwithstanding the

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

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

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

16 an equivalent increase in pay within the meaning of sec17 tion 5335(a) of such title.

18 (b) PERFORMANCE AWARDS.—Notwithstanding sec19 tion 2, for purposes of applying section 5406 of title 5,

20 United States Code, the amount under subsection

21 (c)(1)(A)(ii) of such section 5406 with respect to awards
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1 for work performed during fiscal year 1994 shall, for each

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

Passed the House of Representatives September 21,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.