Page:United States Statutes at Large Volume 117.djvu/1657

 117 STAT. 1638

PUBLIC LAW 108–136—NOV. 24, 2003

(b) GUIDELINES.—Subsection (d) of section 5504 of such title, as redesignated by subsection (a), is amended— (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and (2) by adding at the end the following new paragraph: ‘‘(2) The Office of Personnel Management shall provide guidelines by regulation for exemptions to be made by the heads of agencies under subsection (c)(3). Such guidelines shall provide for such exemptions only under exceptional circumstances.’’. SEC. 1125. SENIOR EXECUTIVE SERVICE AND PERFORMANCE.

(a) SENIOR EXECUTIVE PAY.—Chapter 53 of title 5, United States Code, is amended— (1) in section 5304— (A) in subsection (g)(2)— (i) in subparagraph (A) by striking ‘‘subparagraphs (A)–(E)’’ and inserting ‘‘subparagraphs (A)–(D)’’; and (ii) in subparagraph (B) by striking ‘‘subsection (h)(1)(F)’’ and inserting ‘‘subsection (h)(1)(D)’’; (B) in subsection (h)(1)— (i) by striking subparagraphs (B) and (C); (ii) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (B), (C), and (D), respectively; (iii) in clause (ii) by striking ‘‘or’’ at the end; (iv) in clause (iii) by striking the period and inserting a semicolon; and (v) by adding at the end the following new clauses: ‘‘(iv) a Senior Executive Service position under section 3132; ‘‘(v) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151; or ‘‘(vi) a position in a system equivalent to the system in clause (iv), as determined by the President’s Pay Agent designated under subsection (d).’’; and (C) in subsection (h)(2)(B)— (i) in clause (i)— (I) by striking ‘‘subparagraphs (A) through (E)’’ and inserting ‘‘subparagraphs (A) through (C)’’; and (II) by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), (ii), (iii), (iv), (v), or (vii)’’; and (ii) in clause (ii)— (I) by striking ‘‘paragraph (1)(F)’’ and inserting ‘‘paragraph (1)(D)’’; and (II) by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), (ii), (iii), (iv), (v), or (vi)’’; (2) by amending section 5382 to read as follows: ‘‘§ 5382. Establishment of rates of pay for the Senior Executive Service ‘‘(a) Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates within the range, based on individual performance, contribution to the agency’s performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the

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