1.This Act may be cited as the
Senior Professional Performance Act of
2008
.
2.Pay provisions
relating to certain senior-level positions
(a)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 paySection 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 standardsTitle 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)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)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 payFor 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 ratesExcept 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.
3.Limitations on
certain payments
(a)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)
(A)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)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)
(A)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)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)The amendments made by this section shall take effect on the
date of enactment of this Act.
Passed the Senate
July 11, 2008.
Secretary