[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1046 Enrolled Bill (ENR)]
S.1046
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To modify pay provisions relating to certain senior-level positions in
the Federal Government, 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 ``Senior Professional Performance Act
of 2008''.
SEC. 2. PAY PROVISIONS RELATING TO CERTAIN SENIOR-LEVEL POSITIONS.
(a) Locality Pay.--Section 5304 of title 5, United States Code, is
amended--
(1) in subsection (g), by amending paragraph (2) to read as
follows:
``(2) The applicable maximum under this subsection shall be
level III of the Executive Schedule for--
``(A) positions under subparagraphs (A) and (B) of
subsection (h)(1); and
``(B) any positions under subsection (h)(1)(C) as the
President may determine.''; and
(2) in subsection (h)--
(A) in paragraph (1)--
(i) by striking subparagraph (A);
(ii) in subparagraph (D)--
(I) in clause (v), by striking ``or'' at the end;
(II) in clause (vi), by striking the period at the
end and inserting ``; or''; and
(III) by adding at the end the following:
``(vii) a position to which section 5376 applies
(relating to certain senior-level and scientific and
professional positions).''; and
(iii) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (A), (B), and (C), respectively; and
(B) in paragraph (2)(B)--
(i) in clause (i)--
(I) by striking ``subparagraphs (A) through (C)''
and inserting ``subparagraphs (A) and (B)''; and
(II) by striking ``or (vi)'' and inserting ``(vi),
or (vii)''; and
(ii) in clause (ii)--
(I) by striking ``paragraph (1)(D)'' and inserting
``paragraph (1)(C)''; and
(II) by striking ``or (vi)'' and inserting ``(vi),
or (vii)''.
(b) Access to Higher Maximum Rate of Basic Pay.--Section 5376(b) of
title 5, United States Code, is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) subject to paragraph (3), not greater than the rate
of basic pay payable for level III of the Executive
Schedule.''; and
(2) by adding at the end the following:
``(3) In the case of an agency which has a performance
appraisal system which, as designed and applied, is certified under
section 5307(d) as making meaningful distinctions based on relative
performance, paragraph (1)(B) shall apply as if the reference to
`level III' were a reference to `level II'.
``(4) No employee may suffer a reduction in pay by reason of
transfer from an agency with an applicable maximum rate of pay
prescribed under paragraph (3) to an agency with an applicable
maximum rate of pay prescribed under paragraph (1)(B).''.
(c) Authority for Employment; Appointments; Classification
Standards.--Title 5, United States Code is amended--
(1) in section 3104(a), in the second sentence, by striking
``prescribes'' and inserting ``prescribes and publishes in such
form as the Director may determine'';
(2) in section 3324(a) by striking ``the Office of Personnel
Management'' and inserting: ``the Director of the Office of
Personnel Management on the basis of qualification standards
developed by the agency involved in accordance with criteria
specified in regulations prescribed by the Director'';
(3) in section 3325--
(A) in subsection (a), in the second sentence, by striking
``or its designee for this purpose'' and inserting the
following: ``on the basis of standards developed by the agency
involved in accordance with criteria specified in regulations
prescribed by the Director of the Office of Personnel
Management''; and
(B) by adding at the end the following:
``(c) The Director of the Office of Personnel Management shall
prescribe such regulations as may be necessary to carry out the purpose
of this section.''; and
(4) in section 5108(a)(2) by inserting ``published by the
Director of the Office of Personnel Management in such form as the
Director may determine'' after ``and procedures''.
(d) Effective Date and Application.--
(1) Effective date.--The amendments made by this section shall
take effect on the first day of the first pay period beginning on
or after the 180th day following the date of enactment of this Act.
(2) No reductions in rates of pay.--
(A) In general.--The amendments made by this section may
not result, at the time such amendments take effect, in a
reduction in the rate of basic pay for an individual holding a
position to which section 5376 of title 5, United States Code,
applies.
(B) Determination of rate of pay.--For the purposes of
subparagraph (A), the rate of basic pay for an individual
described in that subparagraph shall be deemed to be the rate
of basic pay set for the individual under section 5376 of title
5, United States Code, plus any applicable locality pay paid to
that individual on the day before the effective date under
paragraph (1), subject to regulations that the Director of the
Office of Personnel Management may prescribe.
(3) References to maximum rates.--Except as otherwise provided
by law, any reference in a provision of law to the maximum rate
under section 5376 of title 5, United States Code--
(A) as provided before the effective date of the amendments
made by this section, shall be considered a reference to the
rate of basic pay for level IV of the Executive Schedule; and
(B) as provided on or after the effective date of the
amendments made by this section, shall be considered a
reference to--
(i) the rate of basic pay for level III of the
Executive Schedule; or
(ii) if the head of the agency responsible for
administering the applicable pay system certifies that the
employees are covered by a performance appraisal system
meeting the certification criteria established by
regulation under section 5307(d), level II of the Executive
Schedule.
SEC. 3. LIMITATIONS ON CERTAIN PAYMENTS.
(a) In General.--Section 5307(d) of title 5, United States Code, is
amended--
(1) in paragraph (2), by striking all after ``purposes of'' and
inserting: ``applying the limitation in the calendar year involved,
has a performance appraisal system certified under this subsection
as making, in its design and application, meaningful distinctions
based on relative performance.''; and
(2) in paragraph (3)(B)--
(A) by striking all beginning with ``An'' through ``2
calendar years'' and inserting ``The certification of an agency
performance appraisal system under this subsection shall be for
a period not to exceed 24 months beginning on the date of
certification, unless extended by the Director of the Office of
Personnel Management for up to 6 additional months''; and
(B) by striking ``, for purposes of either or both of those
years,''.
(b) Extension of Certification.--
(1) Extension to 2009.--
(A) In general.--For any certification of a performance
appraisal system under section 5307(d) of title 5, United
States Code, in effect on the date of enactment of this Act and
scheduled to expire at the end of calendar year 2008, the
Director of the Office of Personnel Management may provide that
such a certification shall be extended without requiring
additional justification by the agency.
(B) Limitation.--The expiration of any extension under this
paragraph shall be not later than the later of--
(i) June 30, 2009; or
(ii) the first anniversary of the date of the
certification.
(2) Extension to 2010.--
(A) In general.--For any certification of a performance
appraisal system under section 5307(d) of title 5, United
States Code, in effect on the date of enactment and scheduled
to expire at the end of calendar year 2009, the Director of the
Office of Personnel Management may provide that such a
certification shall be extended without requiring additional
justification by the agency.
(B) Limitation.--The expiration of any extension under this
paragraph shall be not later than the later of--
(i) June 30, 2010; or
(ii) the second anniversary of the date of the
certification.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.