[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1046 Engrossed in Senate (ES)]
110th CONGRESS
2d Session
S. 1046
_______________________________________________________________________
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.
Passed the Senate July 11, 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. 1046
_______________________________________________________________________
AN ACT
To modify pay provisions relating to certain senior-level positions in
the Federal Government, and for other purposes.