`[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1046 Referred in House (RFH)]







110th CONGRESS
  2d Session
                                S. 1046


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2008

      Referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 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:

                                                NANCY ERICKSON,

                                                             Secretary.`