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[110th Congress Public Law 372]
[From the U.S. Government Printing Office]

[DOCID: f:publ372.110]

[[Page 122 STAT. 4043]]

Public Law 110-372
110th Congress

                                 An Act

 
 To modify pay provisions relating to certain senior-level positions in 
    the Federal Government, and for other purposes. <<NOTE: Oct. 8, 
                          2008 -  [S. 1046]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Senior 
Professional Performance Act of 2008.>> 
SECTION 1. <<NOTE: 5 USC 101 note.>> 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

[[Page 122 STAT. 4044]]

                                    (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 <<NOTE: Regulations.>> 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 <<NOTE: 5 USC 5376 note.>> 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

[[Page 122 STAT. 4045]]

                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 <<NOTE: Time period.>> 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 <<NOTE: 5 USC 5307 note.>> 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.

[[Page 122 STAT. 4046]]

                    (B) Limitation.--The <<NOTE: Deadline.>> 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)  <<NOTE: Deadline.>> 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 <<NOTE: 5 USC 5307 note.>> Date.--The amendments made 
by this section shall take effect on the date of enactment of this Act.

    Approved October 8, 2008.

LEGISLATIVE HISTORY--S. 1046:
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SENATE REPORTS: No. 110-328 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            July 11, considered and passed Senate.
            Sept. 25, 26, considered and passed House.

                                  <all>
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