H. R. 3019

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

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.

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 ‘‘Performance Management and

Recognition System Termination Act’’.

SEC. 2. TEMPORARY EXTENSION.

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

United States Code, is amended by striking ‘‘September 30, 1993’’

and inserting ‘‘October 31, 1993’’.

SEC. 3. TERMINATION PROVISIONS.

(a) IN GENERAL.— (1) REPEAL.—Chapter 54 of title 5, United States Code,

is repealed.

(2) ANALYSIS.—The analysis for part III of title 5, United

States Code, is amended by striking the item relating to chapter

54.

(b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) TITLE 5, UNITED STATES CODE.—Title 5, United States

Code, is amended—

(A) in section 3372(d) by striking ‘‘additional stepincreases, merit pay, and cash awards, as defined in

chapters 53 and 54’’ and inserting ‘‘and additional stepincreases, as defined in chapter 53’’;

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

(ii) in the analysis for chapter 43 by striking the item

relating to section 4302a;

(C) by amending subparagraph (A) of section 4501(2)

to read as follows:

‘‘(A) an employee as defined by section 2105; and’’;

(D) in section 4502(e) by striking paragraph (1) and

by striking ‘‘(2)’’;

(E) in section 5302—

(i) in paragraph (8)—

(I) in subparagraph (A) by inserting ‘‘and’’

after the semicolon; and

(II) by striking subparagraph (B) and

redesignating subparagraph (C) as subparagraph

(B); and

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(ii) in paragraph (9) by striking ‘‘applies (including

any position under the performance management and

recognition system).’’ and inserting ‘‘applies.’’;

(F) in section 5332(a)(1) by striking ‘‘, except an

employee covered by the performance management and

recognition system established under chapter 54,’’;

(G) in section 5334—

(i) in subsection (c)(2) by striking ‘‘step,’’ and all

that follows through ‘‘any dollar amount,’’ and inserting

‘‘step’’; and

(ii) by striking subsection (f) and redesignating

subsection (g) as subsection (f);

(H) in section 5335—

(i) in subsection (e) by striking ‘‘covered by the

performance management and recognition system

established under chapter 54 of this title, or,’’; and

(ii) by striking subsection (f) and redesignating

subsection (g) as subsection (f);

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

performance management and recognition system established under chapter 54 of this title, or,’’;

(J) in section 5361(5) by striking all that follows ‘‘of

this chapter,’’ and inserting ‘‘or a special occupational pay

system under subchapter IX;’’;

(K) in section 5362(c)—

(i) in the matter before paragraph (1) by striking

‘‘chapters 54 and 55 of this title, retirement and life

insurance under chapters 83 and 87’’ and inserting

‘‘chapter 55 of this title, retirement and life insurance

under chapters 83, 84, and 87’’;

(ii) by inserting ‘‘or’’ at the end of paragraph (2);

and

(iii) by striking paragraph (3) and redesignating

paragraph (4) as paragraph (3);

(L) in section 5363(c)(2) by striking ‘‘chapter 51, 53,

or 54’’ and inserting ‘‘chapter 51 or 53’’;

(M) in section 5948(g)(1) by striking subparagraph (C)

and redesignating subparagraphs (D) through (L) as subparagraphs (C) through (K), respectively; and

(N) in section 8473(b)(8) by striking ‘‘individuals subject to the Performance Management and Recognition

System under chapter 54 of this title;’’ and inserting ‘‘supervisors and management officials (as defined by section

7103(a));’’.

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

Pay Comparability Act of 1990 (5 U.S.C. 5304 note) is amended

by striking ‘‘(including an employee covered by the performance

management and recognition system)’’.

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

Code, is amended—

(A) in section 1602 by inserting ‘‘, as in effect on

October 31, 1993’’ after ‘‘section 5401 of title 5’’;

(B) in section 1732(b)(1)(A) by striking ‘‘Schedule

(including any employee covered by chapter 54 of title

5).’’ and inserting ‘‘Schedule.’’; and

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

(including an employee covered by chapter 54 of title 5),’’

and inserting ‘‘Schedule,’’.

(4) TITLE 31, UNITED STATES CODE.—Section 731(b) of title

31, United States Code, is amended by inserting ‘‘, as in effect

on October 31, 1993’’ after ‘‘section 5401 of title 5’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect as of November 1, 1993.

SEC. 4. TREATMENT OF EMPLOYEES COVERED BY THE SYSTEM AS

OF ITS TERMINATION DATE.

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

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

by an agency (within the meaning of section 7103(a)(3) of

title 5, United States Code);

(2) the term ‘‘performance management and recognition

system’’ means the performance management and recognition

system under chapter 54 of title 5, United States Code;

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

payable under section 302 or title IV of FEPCA or section

5304 or 5304a of title 5, United States Code;

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

(v) of subsection (c)(2)(B), is used in the same way as such

term is used under section 5335(a) of title 5, United States

Code; and

(5) the term ‘‘FEPCA’’ means the Federal Employees Pay

Comparability Act of 1990 (contained in the Treasury, Postal

Service and General Government Appropriations Act, 1991

(Public Law 101–509; 104 Stat. 1427)).

(b) APPLICABILITY.—Notwithstanding section 5332(a)(1) of title

5, United States Code (as amended by section 3(b)(1)(F)), or any

other provision of law, the rate of basic pay for an employee covered

by the performance management and recognition system on October 31, 1993, shall be determined in accordance with this section

so long as such employee continues, without a break in service

of more than 3 days, to occupy any position—

(1) which is in the same grade of the General Schedule,

and the same agency, as the position which such employee

occupied on October 31, 1993; and

(2) to which the provisions of chapter 54 of title 5, United

States Code (as in effect on October 31, 1993) would apply

if such provisions had remained in effect.

(c) SPECIAL RULES.—

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

who is subject to this section shall be the rate payable to

such employee on October 31, 1993, subject to paragraph (2).

(2) ADJUSTMENTS.—Adjustments in the rate of basic pay

for an employee who is subject to this section shall be made

in accordance with the relevant provisions of title 5, United

States Code, or otherwise applicable provisions of law, subject

to the following:

(A) DEEM RATES AND POSITIONS TO BE UNDER THE GENERAL SCHEDULE.—For purposes of applying subchapters I

and III of chapter 53 of such title (and the provisions

of section 302 and title IV of FEPCA with respect to any

payment under any of those provisions)—

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(i) the rate of basic pay determined under this

section for an employee shall be treated as a rate

of basic pay described in section 5302(8) of such title;

(ii) the position then currently occupied by an

employee who is subject to this section shall be deemed

to be a ‘‘General Schedule position’’ within the meaning

of section 5302(9) of such title; and

(iii) any employee who is subject to this section

shall be considered to be a ‘‘General Schedule

employee’’ (as referred to in section 302(b) of FEPCA).

(B) SPECIAL RULES RELATING TO PROVISIONS GOVERNING

STEP-INCREASES.—For purposes of applying the provisions

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

with respect to any employee who is subject to this

section—

(i) any reference in such provisions to a ‘‘stepincrease’’ shall be considered to mean an increase equal

to one-ninth of the difference between the minimum

and maximum rates of pay for the applicable grade

of the General Schedule;

(ii) any reference in such provisions to the ‘‘next

higher rate within the grade’’ shall be considered to

mean the rate of basic pay which exceeds such employee’s then current rate of basic pay by the amount

of a step-increase;

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

than the rate for pay rate 4 of the applicable grade,

such employee’s rate of basic pay shall be governed

by paragraph (1) of section 5335(a) of such title; (iv) if the employee’s rate of basic pay is equal

to or greater than the rate for pay rate 4 but less

than the rate for pay rate 7 of the applicable grade,

such employee’s rate of basic pay shall be governed

by paragraph (2) of section 5335(a) of such title; and (v) if the employee’s rate of basic pay is equal

to or greater than the rate for pay rate 7 but less

than the maximum rate of the applicable grade, such

employee’s rate of basic pay shall be governed by paragraph (3) of section 5335(a) of such title.

No rate of basic pay for an employee may be increased,

as a result of this subparagraph (or any provision of law

to which any clause of this subparagraph relates), if or

to the extent that the resulting rate would exceed the

maximum rate for the grade of the position occupied by

such employee.

(d) REGULATIONS.—The Office of Personnel Management shall

prescribe any regulations which may be necessary for the administration of this section.

SEC. 5. MISCELLANEOUS PROVISIONS.

(a) COORDINATION RULE.—Notwithstanding the amendment

made by section 3(b)(1)(H)(ii), an increase in pay granted under

section 5404 of title 5, United States Code, before November 1,

1993, shall be deemed to be an equivalent increase in pay within

the meaning of section 5335(a) of such title.

(b) PERFORMANCE AWARDS.—Notwithstanding section 2, for purposes of applying section 5406 of title 5, United States Code, the

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amount under subsection (c)(1)(A)(ii) of such section 5406 with

respect to awards for work performed during fiscal year 1994 shall,

for each agency subject to such section 5406, be deemed to be

zero.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

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