103D CONGRESS
1ST SESSION
H. R. 3019
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Performance Manage-
ment 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 ‘‘Sep-
tember 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States Code, is repealed.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 ‘‘addi-
tional step-increases, merit pay, and cash
awards, as defined in chapters 53 and 54’’ and
inserting ‘‘and additional step-increases, as de-
fined in chapter 53’’;
(B)(i) by striking section 4302a; and
(ii) in the analysis for chapter 43 by strik-
ing the item relating to section 4302a;
(C) by amending subparagraph (A) of sec-
tion 4501(2) to read as follows:
‘‘(A) an employee as defined by section
2105; and’’;
(D) in section 4502(e) by striking para-
graph (1) and by striking ‘‘(2)’’;
(E) in section 5302—
(i) in paragraph (8)—
(I) in subparagraph (A) by in-
serting ‘‘and’’ after the semicolon; and
(II) by striking subparagraph (B)
and redesignating subparagraph (C)
as subparagraph (B); and
(ii) in paragraph (9) by striking ‘‘ap-
plies (including any position under the per-
formance management and recognition sys-
tem).’’ and inserting ‘‘applies.’’;
(F) in section 5332(a)(1) by striking ‘‘, ex-
cept 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 re-
designating subsection (g) as subsection
(f);
(H) in section 5335—
(i) in subsection (e) by striking ‘‘cov-
ered by the performance management and
recognition system established under chap-
ter 54 of this title, or,’’; and
(ii) by striking subsection (f) and re-
designating subsection (g) as subsection
(f);
(I) in section 5336(c) by striking ‘‘covered
by the performance management and recogni-
tion 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 sub-
chapter 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 ‘‘chap-
ter 55 of this title, retirement and life in-
surance under chapters 83, 84, and 87’’;
(ii) by inserting ‘‘or’’ at the end of
paragraph (2); and
(iii) by striking paragraph (3) and re-
designating 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 sub-
paragraph (C) and redesignating subparagraphs
(D) through (L) as subparagraphs (C) through
(K), respectively; and
(N) in section 8473(b)(8) by striking ‘‘in-
dividuals subject to the Performance Manage-
ment 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 ‘‘Sched-
ule.’’; and
(C) in section 1733(b)(1)(A)(i) by striking
‘‘Schedule (including an employee covered by
chapter 54 of title 5),’’ and inserting ‘‘Sched-
ule,’’.
(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 SYS-
TEM 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 sec-
tion 7103(a)(3) of title 5, United States Code);
(2) the term ‘‘performance management and
recognition system’’ means the performance manage-
ment 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 Em-
ployees Pay Comparability Act of 1990 (contained in
the Treasury, Postal Service and General Govern-
ment 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 re-
mained 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 sec-
tion shall be made in accordance with the relevant
provisions of title 5, United States Code, or other-
wise applicable provisions of law, subject to the
following:
(A) DEEM RATES AND POSITIONS TO BE
UNDER
THE
GENERAL
SCHEDULE.—For pur-
poses 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 provi-
sions)—
(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 occu-
pied 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 PROVI-
SIONS GOVERNING STEP-INCREASES.—For pur-
poses 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 maxi-
mum 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 para-
graph (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 Man-
agement shall prescribe any regulations which may be nec-
essary 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 sec-
tion 5335(a) of such title.
(b) PERFORMANCE AWARDS.—Notwithstanding sec-
tion 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:
Clerk.