(This measure has not been amended since it was passed by the Senate on July 11, 2008. The summary of that version is repeated here.)
Senior Professional Performance Act of 2008 - Amends provisions relating to locality-based comparability payments for federal employees to exempt senior-level (SL) and scientific and professional personnel (ST) employees from limitations on total basic and comparability pay established at level III of the Executive Schedule.
Increases the rate of basic pay for certain senior-level positions to level III. Permits a further increase to level II for agencies with a performance appraisal system that has been certified as making meaningful distinctions based on relative performance. Protects employees who are transferred to an agency subject to existing pay limitations from pay reductions.
Provides that appointments to positions classified above GS-15 may be made on approval of the appointee's qualifications by the Director of the Office of Personnel Management (OPM) on the basis of qualification standards developed by the agency involved in accordance with criteria prescribed by the Director.
Makes the amendments to senior-level pay provisions effective 180 days after enactment. Prohibits a reduction in the rate of basic pay for certain senior-level positions as a result of amendments made by this Act.
Limits an agency's certification of performance appraisal systems to 24 months, with an additional extension of up to six months by the Director. Allows extensions of certifications scheduled to expire at the end of 2008 or 2009.
[110th Congress Public Law 372]
[From the U.S. Government Publishing 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:
---------------------------------------------------------------------------
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>
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on Oversight and Government Reform.
Mr. Towns moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H9882-9884)
DEBATE - The House proceeded with forty minutes of debate on S. 1046.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Shays objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Considered as unfinished business. (consideration: CR H10074-10075)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 659).(text: CR 9/25/2008 H9882-9883)
Roll Call #659 (House)Enacted as Public Law 110-372
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On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 659). (text: CR 9/25/2008 H9882-9883)
Roll Call #659 (House)Motion to reconsider laid on the table Agreed to without objection.
Cleared for White House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 110-372.
Became Public Law No: 110-372.