[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3019 Enrolled Bill (ENR)]

        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    repealed.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

                (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 OctoPber 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.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.