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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3019 Received in Senate (RDS)]

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.

    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        repealed.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 
                step-increases, merit pay, and cash awards, as defined 
                in chapters 53 and 54'' and inserting ``and additional 
                step-increases, 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
                            (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
                    (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)--
                            (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 
                        ``step-increase'' 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 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.

            Passed the House of Representatives September 21, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
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