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is repealed.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 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
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H. R. 3019—2
(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 estab-
lished 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 sub-
paragraphs (C) through (K), respectively; and
(N) in section 8473(b)(8) by striking ‘‘individuals sub-
ject to the Performance Management and Recognition
System under chapter 54 of this title;’’ and inserting ‘‘super-
visors 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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H. R. 3019—3
(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 Octo-
ber 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 GEN-
ERAL 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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H. R. 3019—4
(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 employ-
ee’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 Management shall
prescribe any regulations which may be necessary for the adminis-
tration 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 pur-
poses of applying section 5406 of title 5, United States Code, the
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H. R. 3019—5
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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