Performance Management and Recognition System Termination Act
PL 103-89 (H.R.3019), enacted 09/30/1993

PUBLIC LAW 103-89—SEPT. 30, 1993 
107 STAT. 981 
Public Law 103-89 
103d Congress 
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is repealed.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 CONPORMING 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"; 
(BXi) 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 (.Sh-
it) in subparagraph (A) by inserting "and" 
after the semicolon; and 
(II) by striking 
subparagraph 
(B) and 
redesignating subparagraph (C) as subparagraph 
(B); and 
Sept. 30, 1993 
[H.R. 3019] 
Performance 
Management 
and Recognition 
System 
Termination 
Act. 
Government 
employees. 
5 use 5301 note. 
5 use 5410 note. 
5 use 
5401-5410. 
107 STAT. 982 
PUBLIC LAW 103-89—SEPT. 30, 1993 
(ii) in paragraph (9) by striking "applies (including 
any position under the performance management and 
recognition system)." and inserting "applies."; 
(F) in section 5332(aXl) by striking ", except an 
employee covered by the performance management and 
a 
recognition system established imder chapter 54,"; 
(G) in section 5334— 
(i) in subsection (cX2) by striking "step," and all 
that follows through "any doUsu* 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 imder 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 imder 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 imder 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 
i 
paragraph (4) as paragraph (3); 
(L) in section 5363(cX2) by striking "chapter 51, 53, 
or 54" and inserting "chapter 51 or 53"; 
(M) in section 5948(gXl) 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(bXl) 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 ID, 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(bXlXA) by striking "Schedule 
(inducting any employee covered by chapter 54 of title 
5)." and inserting "Schedule."; and 
PUBLIC LAW 103-89—SEPT. 30, 1993 
107 STAT. 983 
(C) in section 1733(bXlXAXi) 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 5 use 3372 note. 
shall take effect as of November 1,1993. 
SEC. 4. TREATMENT OF EMPLOYEES COVERED BY THE SYSTEM AS Pay scales. 
OF ITS TERMINATION DATE. 
5 USC 5401 note. 
(a) DEFINITIONS.—^For purposes of this section— 
(1) the term "employee" means an individual employed 
by an agency (within the meaning of section 7103(aX3) of 
title 5, United States Code); 
(2) the term "performance management and recognition 
system" means the performance management and recognition 
system imder 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 
y 
5304 or 5304a of title 5, United States Code; 
(4) the term "pay rate", as used in clauses (iii) through 
(v) of subsection (cX2XB), 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 (jeneral Government Appropriations Act, 1991 
(Public Law 101-509; 104 Stat. 1427)). 
(b) APPUCABILITY.—Notwithstanding section 5332(aXl) of title 
5, United States Code (as amended by section 3(bXlXF)), 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 
paymentunder any of those provisions)— 
107 STAT. 984 
PUBLIC LAW 103-89—SEPT. 30, 1993 
(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; 
i 
(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 
f'-' '' 
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 ra:te 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 para^aph (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. S. MISCELLANEOUS PROVISIONS. 
5 use 5335 note. 
(a) COORDINATION RuLE.—^Notwithstanding the amendment 
made by section 3(bXlXHXii), an increase in pay granted under 
section 5404 of title 5, United Stetes 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. 
5 use 5401 note. 
(b) PERFORMANCE AWARDS.—^Notwithstending section 2, for pur-
poses of appl3ring section 5406 of title 5, United Stetes Code, the 
PUBLIC LAW 103-89—SEPT. 30, 1993 
107 STAT. 985 
amount under subsection (cXlXAXii) 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. 
Approved September 30, 1993. 
LEGISLATIVE HISTORY—H.R. 3019: 
HOUSE REPORTS: No. 103-247 (Comm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Sept. 21, considered and passed House. 
Sept. 22, considered and passed Senate. 
69-194 O - 94 - 2 : QL. 3 Part 2