Begun and held at the City of Washington on Oversight and Government Reform

To modify pay provisions relating to certain senior-level positions in the Federal Government, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘Senior Professional Performance Act of 2008’.CommentsClose CommentsPermalink

(a) Locality Pay- Section 5304 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (g), by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





‘(2) The applicable maximum under this subsection shall be level III of the Executive Schedule for--CommentsClose CommentsPermalink





‘(A) positions under subparagraphs (A) and (B) of subsection (h)(1); andCommentsClose CommentsPermalink





‘(B) any positions under subsection (h)(1)(C) as the President may determine.’; andCommentsClose CommentsPermalink





(2) in subsection (h)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking subparagraph (A);CommentsClose CommentsPermalink





(ii) in subparagraph (D)--CommentsClose CommentsPermalink





(I) in clause (v), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(II) in clause (vi), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





(III) by adding at the end the following:CommentsClose CommentsPermalink





‘(vii) a position to which section 5376 applies (relating to certain senior-level and scientific and professional positions).’; andCommentsClose CommentsPermalink





(iii) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; andCommentsClose CommentsPermalink





(B) in paragraph (2)(B)--CommentsClose CommentsPermalink





(i) in clause (i)--CommentsClose CommentsPermalink





(I) by striking ‘subparagraphs (A) through (C)’ and inserting ‘subparagraphs (A) and (B)’; andCommentsClose CommentsPermalink





(II) by striking ‘or (vi)’ and inserting ‘(vi), or (vii)’; andCommentsClose CommentsPermalink





(ii) in clause (ii)--CommentsClose CommentsPermalink





(I) by striking ‘paragraph (1)(D)’ and inserting ‘paragraph (1)(C)’; andCommentsClose CommentsPermalink





(II) by striking ‘or (vi)’ and inserting ‘(vi), or (vii)’.CommentsClose CommentsPermalink





(b) Access to Higher Maximum Rate of Basic Pay- Section 5376(b) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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’.CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





(c) Authority for Employment; Appointments; Classification Standards- Title 5, United States Code is amended--CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(3) in section 3325--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(d) Effective Date and Application-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) NO REDUCTIONS IN RATES OF PAY-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) as provided on or after the effective date of the amendments made by this section, shall be considered a reference to--CommentsClose CommentsPermalink





(i) the rate of basic pay for level III of the Executive Schedule; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

(a) In General- Section 5307(d) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(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.’; andCommentsClose CommentsPermalink





(2) in paragraph (3)(B)--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(B) by striking ‘, for purposes of either or both of those years,’.CommentsClose CommentsPermalink





(b) Extension of Certification-CommentsClose CommentsPermalink





(1) EXTENSION TO 2009-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) LIMITATION- The expiration of any extension under this paragraph shall be not later than the later of--CommentsClose CommentsPermalink





(i) June 30, 2009; orCommentsClose CommentsPermalink





(ii) the first anniversary of the date of the certification.CommentsClose CommentsPermalink





(2) EXTENSION TO 2010-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) LIMITATION- The expiration of any extension under this paragraph shall be not later than the later of--CommentsClose CommentsPermalink





(i) June 30, 2010; orCommentsClose CommentsPermalink





(ii) the second anniversary of the date of the certification.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink

Passed the Senate July 11, 2008.Attest:NANCY ERICKSON,Secretary Speaker of the House of Representatives. CommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink