Federal Workforce Performance Appraisal and Management Improvement Act of 2006 - Revises provisions relating to the establishment of performance appraisal systems by certain federal agencies.
Requires agencies to establish one or more new performance appraisal systems to promote high performance.
Revises provisions relating to the responsibilities of the Office of Personnel Management (OPM) for the development of performance appraisal systems.
Revises provisions relating to specific mandatory training programs for supervisors.
Revises provisions relating to federal employee pay rates and systems with respect to employees whose performance rating is below the fully successful level to, among other things, prohibit a pay increase for such employees.
Revises provisions concerning senior-level positions.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3492 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3492
To strengthen performance management in the Federal Government, to make
the annual general pay increase for Federal employees contingent on
performance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2006
Mr. Voinovich introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To strengthen performance management in the Federal Government, to make
the annual general pay increase for Federal employees contingent on
performance, 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 ``Federal Workforce Performance
Appraisal and Management Improvement Act of 2006''.
SEC. 2. PERFORMANCE APPRAISAL SYSTEMS.
Subchapter 1 of chapter 43 of title 5, United States Code, is
amended--
(1) by amending section 4302 to read as follows:
``Sec. 4302. Establishment of performance appraisal systems
``(a)(1) Subject to paragraphs (2) and (3), each agency shall
establish 1 or more performance appraisal systems to promote high
performance.
``(2) In designing and applying a performance appraisal system
established under this subsection, each agency shall--
``(A) link the system with the strategic goals and annual
performance plan of the agency;
``(B) involve employees in the development of their
performance standards;
``(C) provide each employee with a written performance
appraisal annually;
``(D) make meaningful distinctions in performance; and
``(E) use the results of performance appraisals as a basis
for training, rewarding, compensating, reassigning, promoting,
reducing in grade, retaining, and removing employees.
``(3) Consistent with section 4304, each performance appraisal
system established under this subsection shall be developed with
appropriate technical assistance from the Office of Personnel
Management and shall be reviewed before implementation and from time to
time thereafter by the Director of the Office to determine whether the
system meets the requirements of this subchapter. The agency shall
promptly take any corrective action directed by the Director of the
Office at any time under section 4304 (b)(3).
``(b) Under regulations which the Director of the Office of
Personnel Management shall prescribe, each performance appraisal system
shall provide for--
``(1) holding supervisors and managers accountable in their
performance appraisal for effectively managing the performance
of employees, which includes--
``(A) assessing performance;
``(B) providing ongoing feedback and preparing
written performance appraisals;
``(C) addressing poor performance; and
``(D) promoting and rewarding excellent
performance;
``(2) establishing performance standards related to
relevant assigned tasks for each employee or position under the
system which will permit--
``(A) the accurate evaluation of performance on the
basis of objective criteria, to the maximum extent
feasible; and
``(B) making meaningful distinctions in
performance;
``(3) communicating to each employee at the beginning of
each appraisal period the performance standards and the
critical elements of the employee's position;
``(4) evaluating each employee during the appraisal period
on such standards;
``(5) assisting employees in improving unacceptable
performance;
``(6) reassigning, reducing in grade, or removing employees
who continue to have unacceptable performance, but only after
an opportunity to demonstrate acceptable performance;
``(7) establishing multiple levels of summary performance
ratings which provide for making meaningful distinctions in
performance, including at least--
``(A) a summary level of fully successful (or
equivalent);
``(B) a summary level of unacceptable; and
``(C) a summary level above fully successful; and
``(8) recognizing and rewarding employees whose performance
so warrants.''; and
(2) by amending section 4304 to read as follows:
``Sec. 4304. Responsibilities of the Office of Personnel Management
``(a) The Office of Personnel Management shall make technical
assistance available to agencies in the development of performance
appraisal systems.
``(b)(1) The Director of the Office shall review each performance
appraisal system developed by any agency under this subchapter prior to
its implementation and determine whether the performance appraisal
system as designed meets the requirements of this subchapter.
``(2) The Director of the Office shall--
``(A) review agency performance appraisal systems developed
under this subchapter from time to time after their
implementation to determine the extent to which the application
of any such system meets the requirements of this subchapter;
and
``(B) report to the President and Congress any finding that
an agency has failed to meet those requirements.
``(3) If the Director of the Office determines that a system does
not meet the requirements of this subchapter (including regulations
prescribed under section 4305), the Director of the Office shall direct
the agency to implement an appropriate system or to correct operations
under the system, and any such agency shall take any action so
required.''.
SEC. 3. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.
(a) In General.--Section 4121 of title 5, United States Code, is
amended to read as follows:
``Sec. 4121. Specific training programs
``(a) In this section, the term `supervisor' means--
``(1) a supervisor as defined under section 7103(a)(10);
and
``(2) any other employee as the Director of the Office may
by regulation prescribe.
``(b) Under operating standards promulgated by, and in consultation
with, the Director of the Office of Personnel Management, the head of
each agency shall establish--
``(1) a comprehensive management succession program to
provide training to employees to develop managers for the
agency; and
``(2) a program to provide training to supervisors on
actions, options, and strategies a supervisor may use in--
``(A) communicating performance expectations and
conducting employee performance appraisals;
``(B) mentoring employees and improving employee
performance and productivity;
``(C) dealing with employees whose performance is
unacceptable; and
``(D) otherwise carrying out the duties and
responsibilities of a supervisor.
``(c)(1) Not later than 1 year after the date on which an
individual is appointed to the position of supervisor, and every 5
years thereafter, that individual shall be required to complete the
program established under subsection (b)(2).
``(2) Each program established under subsection (b)(2) shall
include provisions under which credit may be given for periods of
similar training previously completed.
``(d) The Director of the Office of Personnel Management shall
prescribe regulations to carry out this section.''.
(b) Effective Date and Application.--
(1) In general.--The amendments made by this section shall
take effect as provided under section 8 and apply to--
(A) each individual appointed to the position of a
supervisor, as defined under section 4121(a) of title
5, United States Code, (as added by subsection (a) of
this section) on or after that effective date; and
(B) each individual who is employed in the position
of a supervisor on that effective date as provided
under paragraph (2).
(2) Supervisors on effective date.--Each individual who is
employed in the position of a supervisor on the effective date
of this section shall be required to--
(A) complete the program established under section
4121(b)(2) of title 5, United States Code (as added by
subsection (a) of this section), not later than 3 years
after the effective date of this section; and
(B) complete that program every 5 years thereafter
in accordance with section 4121(c) of such title.
SEC. 4. PAY RATES AND SYSTEMS.
Chapter 53 of title 5, United States Code, is amended--
(1) in section 5303, by adding at the end the following:
``(h)(1) An employee covered under subchapter III whose summary
rating of performance for the most recently completed appraisal period
is below the fully successful level, as defined by the Director of the
Office of Personnel Management, may not receive an increase in the rate
of basic pay of that employee as the result of an adjustment under this
section. The Director shall prescribe such rules as may be necessary to
administer this subsection, including rules regarding the treatment of
an employee whose rate of basic pay falls below the minimum rate of the
applicable grade (or between steps of a grade) and the treatment of an
employee whose performance subsequently improves.
``(2) When a determination is made that an employee covered under
subchapter III will not receive an increase in the rate of basic pay of
that employee because the employee's summary rating of performance for
the most recently completed appraisal period is below the fully
successful level, the employee is entitled to prompt written notice of
that determination and an opportunity for reconsideration of the
determination within the agency, as specified in the procedures
prescribed by the Director of the Office of Personnel Management under
section 5335(c). If the determination is affirmed on reconsideration,
the employee is entitled to appeal to the Merit Systems Protection
Board under the same terms and conditions as specified in such
section.'';
(2) in section 5304, by amending subsection (i) to read as
follows:
``(i) The Director of the Office of Personnel Management shall
prescribe regulations, consistent with this section, governing the
payment of comparability payments to employees. The regulations shall
provide that, at the time of an increase in a comparability payment,
the rate of basic pay of an employee covered under subchapter III, or
any other pay system designated by the Director, whose summary rating
of performance for the most recently completed appraisal period is
below the fully successful level, as defined by the Director, shall be
reduced by an amount that results in retaining the employee's total
rate of pay under this section and sections 5303 and 5304a, as in
effect immediately before any increase under such sections. Such a
reduction in an employee's rate of basic pay shall not be considered a
reduction in pay for the purpose of applying the adverse action
procedures under section 7512.'';
(3) in section 5305, by amending subsection (f) to read as
follows:
``(f)(1) When a schedule of special rates established under this
section is adjusted under subsection (d), the special rate of an
employee shall be adjusted in accordance with conversion rules
prescribed by the Director of the Office of Personnel Management (or by
such other agency as the President may designate under the last
sentence of subsection (a)(1)).
``(2) The conversion rules prescribed under paragraph (1), shall
provide that a covered employee whose summary rating of performance for
the most recently completed appraisal period is below the fully
successful level, as defined by the Director of the Office of Personnel
Management, may not receive an increase in the special rate of that
employee as the result of an adjustment under subsection (d). The
Director shall prescribe such rules as may be necessary to administer
this paragraph, including rules regarding the treatment of an employee
whose rate of basic pay falls below the minimum rate of the applicable
grade (or between pay rates or steps of a grade) and the treatment of
an employee whose performance subsequently improves. The rules may
provide for reducing an employee's rate of basic pay to the extent
necessary to prevent any increase in the employee's special rate. Such
a reduction in an employee's rate of basic pay shall not be considered
a reduction in pay for the purpose of applying the adverse action
procedures in section 7512.
``(3) When a determination is made that a covered employee will not
receive an increase in the special rate of that employee under this
subsection because the employee's summary rating of performance for the
most recently completed appraisal period is below the fully successful
level, the employee is entitled to prompt written notice of that
determination and an opportunity for reconsideration of the
determination within the agency, as specified in the procedures
prescribed by the Director under section 5335(c). If the determination
is affirmed on reconsideration, the employee is entitled to appeal to
the Merit Systems Protection Board under the same terms and conditions
as specified in such section.'';
(4) in section 5335--
(A) in subsection (a) by amending subparagraph (B)
to read as follows:
``(B) the employee's summary rating of performance
for the most recently completed appraisal period is at
least at the fully successful level, as defined by the
Director of the Office of Personnel Management.''; and
(B) by amending subsection (c) to read as follows:
``(c)(1) When an employee's summary rating of performance for the
most recently completed appraisal period is below the fully successful
level, the pay of that employee may not be increased under this
section. Such an employee is entitled to prompt written notice of the
determination not to increase the pay of that employee and an
opportunity for reconsideration of the determination within the agency
under uniform procedures prescribed by the Director of the Office of
Personnel Management. If the determination is affirmed on
reconsideration, the employee is entitled to appeal to the Merit
Systems Protection Board. If the reconsideration or appeal results in a
reversal of the earlier determination, the new determination supersedes
the earlier determination and is deemed to have been made as of the
date of the earlier determination. The authority of the Director to
prescribe procedures and the entitlement of the employee to appeal to
the Board do not apply to a determination made by the Librarian of
Congress.
``(2) Notwithstanding any other provision of law, an employee may
grieve or appeal the first pay determination under this subsection or
under section 5303(h), 5305(f), or 5363(b)(2(C) that is based on the
employee's most recent summary rating of performance. An employee may
not grieve or appeal any subsequent pay determination made that is
based on the same summary rating of performance'';
(5) by amending section 5338 to read as follows:
``Sec. 5338. Regulations
``The Director of the Office of Personnel Management may prescribe
regulations necessary for the administration of this subchapter. Such
regulations shall address how paysetting rules apply to an employee
whose rate of basic pay is not equal to 1 of the scheduled step rates
as a result of a determination not to increase the rate of basic pay of
that employee under section 5303(h) or 5305(f) or to reduce the rate of
basic pay of that employee under section 5304(i) or 5305(f).'';
(6) in section 5343 (relating to prevailing rate wage
systems)--
(A) in subsection (e)--
(i) by amending paragraph (2) to read as
follows:
``(2) A prevailing rate employee under a regular wage schedule
whose summary rating of performance for the most recently completed
appraisal period is at least at the fully successful level, as defined
by the Director of the Office of Personnel Management, shall advance
automatically to the next higher step within the grade at the beginning
of the first applicable pay period following the completion by that
employee of--
``(A) 26 calendar weeks of service in step 1;
``(B) 78 calendar weeks of service in step 2; and
``(C) 104 calendar weeks of service in each of steps 3 and
4.'';
(ii) by amending paragraph (4) to read as
follows:
``(4) Supervisory wage schedules and special wage schedules
authorized under subsection (c)(3) may have single or multiple rates or
steps according to prevailing practices in the industry on which the
schedule is based. A prevailing rate employee under a supervisory or
special wage schedule with multiple rates or steps whose summary rating
of performance for the most recently completed appraisal period is at
least at the fully successful level, as defined by the Director of the
Office of Personnel Management, shall advance automatically to the next
higher step within the grade at the beginning of the first applicable
pay period following the completion by that employee of any required
waiting period.''; and
(iii) by adding at the end the following:
``(5)(A) When a summary rating of performance of an employee
covered under this subchapter for the most recently completed appraisal
period is below the fully successful level, as defined by the Director
of the Office of Personnel Management, the employee may not be advanced
to the next higher step within the grade under paragraph (2) or (4).
Such an employee is entitled to prompt written notice of the
determination not to increase the pay of that employee and an
opportunity for reconsideration of the determination within the agency
under uniform procedures prescribed by the Director of the Office of
Personnel Management. If the determination is affirmed on
reconsideration, the employee is entitled to appeal to the Merit
Systems Protection Board. If the reconsideration or appeal results in a
reversal of the earlier determination, the new determination supersedes
the earlier determination and is deemed to have been made as of the
date of the earlier determination.
``(B) Notwithstanding any other provision of law, an employee may
grieve or appeal the first pay determination under this paragraph,
subsection (g), or section 5363(b)(2)(C) when such determinations are
made based on the same summary rating of performance. An employee may
not grieve or appeal any subsequent pay determination made that is
based on the same summary rating of performance.''; and
(B) by adding at the end the following:
``(g)(1) An employee covered under this subchapter whose summary
rating of performance for the most recently completed appraisal period
is below the fully successful level, as defined by the Director of the
Office of Personnel Management, may not receive an increase in the rate
of basic pay of that employee as the result of an adjustment in any
wage schedule established under this subchapter. The Director may
prescribe such rules as may be necessary to administer this subsection,
including rules regarding the treatment of an employee whose rate of
basic pay falls below the minimum rate of the applicable grade (or
between steps of a grade) and the treatment of an employee whose
performance subsequently improves.
``(2) When a determination is made that a covered employee will not
receive an increase in the rate of basic pay of that employee at the
time of an adjustment in a wage schedule because the employee's summary
rating of performance for the most recently completed appraisal period
is below the fully successful level, the employee is entitled to prompt
written notice of that determination and an opportunity for
reconsideration of the determination within the agency, as specified in
the procedures prescribed by the Director of the Office of Personnel
Management under subsection (e)(5). If the determination is affirmed on
reconsideration, the employee is entitled to appeal to the Merit
Systems Protection Board under the same terms and conditions as
specified under subsection (e)(5).'';
(7) in section 5363(b)(2) (relating to pay retention)--
(A) in subparagraph (B) by striking ``A rate'' and
inserting ``Except as provided in subparagraph (C), a
rate''; and
(B) by adding at the end the following:
``(C)(i) An employee's retained rate may not be increased under
subparagraph (B) if the employee's summary rating of performance for
the most recently completed appraisal period is below the fully
successful level, as defined by the Director of the Office of Personnel
Management. The Director shall prescribe such rules as may be necessary
to administer this subparagraph, including rules regarding the
treatment of an employee whose performance subsequently improves.
``(ii) When a determination is made that an employee will not
receive an increase in the retained rate of that employee because the
employee's summary rating of performance for the most recently
completed appraisal period is below the fully successful level, the
employee is entitled to prompt written notice of that determination and
an opportunity for reconsideration of the determination within the
agency, as specified in the procedures prescribed by the Director of
the Office of Personnel Management under section 5335(c). If the
determination is affirmed on reconsideration, the employee is entitled
to appeal to the Merit Systems Protection Board under the same terms
and conditions as specified under section 5335(c).'';
(8) in section 5376(b) (relating to pay for certain senior-
level positions)--
(A) in paragraph (2), by striking ``Subject to
paragraph (1)'' and inserting ``Subject to paragraphs
(1) and (3)''; and
(B) by adding at the end the following:
``(3) Notwithstanding any other provision of this section,
an employee covered under this section whose summary rating of
performance for the most recently completed appraisal period is
below the fully successful level, as defined by the Director of
the Office of Personnel Management, may not receive an increase
in the rate of basic pay of that employee. The Director shall
prescribe such rules as may be necessary to administer this
paragraph, including rules regarding the treatment of an
employee whose rate of basic pay falls below the otherwise
applicable minimum rate prescribed by paragraph (1)(A) and the
treatment of an employee whose performance subsequently
improves.'';
(9) in section 5382(a), in the first sentence, by inserting
``(except as provided by section 5383(a))'' after ``for the
Senior Executive Service, and''; and
(10) in section 5383, by amending subsection (a) to read as
follows:
``(a) Each appointing authority shall determine, in accordance with
criteria established by the Director of the Office of Personnel
Management, which of the rates within a range established under section
5382 shall be paid to each senior executive under such appointing
authority. Such criteria shall provide that a member of the Senior
Executive Service may not receive an increase in the rate of basic pay
of that member if such member's summary rating of performance for the
most recently completed appraisal period is below the fully successful
level, as defined by the Director. The Director shall prescribe such
rules as may be necessary to administer this subsection, including
rules regarding the treatment of a member whose rate of basic pay falls
below the otherwise applicable minimum rate prescribed by section
5382(a) and the treatment of a member whose performance subsequently
improves.''.
SEC. 5. SENIOR EXECUTIVE SERVICE PLACEMENT IN OTHER PERSONNEL SYSTEMS.
Section 3594(c)(2) of title 5, United States Code, is amended to
read as follows:
``(2)(A) Except as provided in subparagraph (B) of this paragraph,
an employee who is receiving basic pay under paragraph (1)(B)(ii) or
(iii) is entitled to have the rate of basic pay of the employee
increased by 50 percent of the amount of each increase in the maximum
rate of basic pay for the grade of the position in which the employee
is placed under subsection (a) or (b) until the rate is equal to the
rate in effect under paragraph (1)(B)(i) for the position in which the
employee is placed.
``(B) A rate of basic pay established under paragraph (1)(B)(ii) or
(iii) may not be increased under subparagraph (A) if the employee's
summary rating of performance for the most recently completed appraisal
period is below the fully successful level, as defined by the Director
of the Office of Personnel Management. The Director shall prescribe
such rules as may be necessary to administer this subparagraph,
including rules regarding the treatment of an employee whose
performance subsequently improves.''.
SEC. 6. CERTAIN SENIOR-LEVEL POSITIONS.
(a) Locality Pay.--Section 5304 of title 5, United States Code, as
amended by section 4 of this Act, is further 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) by redesignating subparagraphs (B),
(C), and (D) as subparagraphs (A), (B), and
(C), respectively;
(iii) in clause (v), by striking ``or'' at
the end;
(iv) in clause (vi), by striking the period
at the end and inserting ``; or''; and
(v) 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).'';
(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, as amended by section 4 of this Act, is
further amended--
(1) in paragraph (1) by amending subparagraph (B) to read
as follows:
``(B) subject to paragraph (4), 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:
``(4) In the case of an agency which, under section
5307(d), has a performance appraisal system which, as designed
and applied, is certified 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'.
``(5) 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 (4) 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 Office 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 Office may determine'' after ``and procedures''.
SEC. 7. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Director of the Office of Personnel Management shall prescribe
regulations to carry out this Act, including the amendments made by
this Act.
SEC. 8. EFFECTIVE DATES AND IMPLEMENTATION.
(a) Sections 2 and 3.--
(1) Effective date.--The amendments made by sections 2 and
3 shall take effect on the earlier of--
(A) 180 days after the date of enactment of this
Act; or
(B) the effective date of implementing regulations
prescribed by the Director of the Office of Personnel
Management.
(2) Submissions.--
(A) Performance appraisal systems.--Not later than
July 1, 2007, each agency covered by subchapter I of
chapter 43 of title 5, United States Code, shall submit
to the Director of the Office of Personnel Management
each performance appraisal system established under
that subchapter so that the Director may determine
whether the system meets the requirements of the
subchapter. Each submission under this paragraph shall
include all information the Director requires in order
to make the determination.
(B) Report to congress.--Not later than November 1,
2007, the Director of the Office of Personnel
Management shall submit a report regarding the
Director's review under section 4304(b)(1) of title 5,
United States Code, as amended by section 2 of this
Act, to the President and Congress.
(b) Sections 4 and 5.--The amendments made by sections 4 and 5
shall apply with respect to any employee beginning on the first day of
the first pay period following the completion of 52 weeks after the
date on which the first annual adjustments in rates of basic pay under
section 5303 of title 5, United States Code, occur following the date
of enactment of this Act.
(c) Section 6.--
(1) Effective date.--The amendments made by section 6 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 section 6
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 such section 5376, plus applicable
locality pay paid to that individual, as of the
effective date under paragraph (1).
(d) 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--
(1) as provided before the effective date of the amendments
made by section 6, shall be considered a reference to the rate
of basic pay for level IV of the Executive Schedule; and
(2) as provided on or after the effective date of the
amendments made by section 6, shall be considered a reference
to--
(A) the rate of basic pay for level III of the
Executive Schedule; or
(B) 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 requirements established by the Director
of the Office of Personnel Management, level II of the
Executive Schedule.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5781-5782)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S5782-5785)
Committee on Homeland Security and Governmental Affairs Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia. Hearings held.
Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
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