Senior Professional Performance Act of 2008
PL 110-372 (S.1046), enacted 10/08/2008

122 STAT. 4043 
PUBLIC LAW 110–372—OCT. 8, 2008 
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. 
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 POSI-
TIONS. 
(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 sub-
section (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 
5 USC 101 note. 
Senior 
Professional 
Performance Act 
of 2008. 
Oct. 8, 2008 
[S. 1046] 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01129
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4044 
PUBLIC LAW 110–372—OCT. 8, 2008 
(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; CLASSIFICA-
TION 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 Per-
sonnel 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 fol-
lowing: ‘‘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 sec-
tion 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 sec-
tion may not result, at the time such amendments take 
effect, in a reduction in the rate of basic pay for an indi-
vidual 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 
5 USC 5376 note. 
Regulations. 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01130
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4045 
PUBLIC LAW 110–372—OCT. 8, 2008 
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 pre-
scribe. 
(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 amend-
ments 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 admin-
istering 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, mean-
ingful 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 addi-
tional 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 perform-
ance 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 Manage-
ment may provide that such a certification shall be 
extended without requiring additional justification by the 
agency. 
5 USC 5307 note. 
Time period. 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01131
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 4046 
PUBLIC LAW 110–372—OCT. 8, 2008 
LEGISLATIVE HISTORY—S. 1046: 
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. 
(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 certifi-
cation. 
(2) EXTENSION TO 2010.— 
(A) IN GENERAL.—For any certification of a perform-
ance 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 certifi-
cation. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of enactment of this Act. 
Approved October 8, 2008. 
5 USC 5307 note. 
Deadline. 
Deadline. 
VerDate Aug 31 2005 
12:51 Dec 08, 2009
Jkt 069194
PO 00003
Frm 01132
Fmt 6580
Sfmt 6580
M:\STATUTES\2008\PT3\69194PT3.001
APPS10
PsN: 69194PT3
dkrause on DSK1YNZS61 with PUBLAW