Page:United States Statutes at Large Volume 122.djvu/4067

 12 2 STA T .40 44 PUBLIC LA W 110 –37 2 —O CT. 8, 2008 (I I )bystrik i ng‘ ‘ o r( v i) ’ ’ a n d ins e rting ‘‘(vi) , or (vii)’’ . (b) AC C ES S TOHIGH E RMAX I MU M R ATE O FB ASIC P A Y . —S e c tion 5376 (b) o f tit l e5, U nited States C ode, is a m ended— ( 1 )in p aragrap h (1), by striking s u bparagraph (B) and inserting the follo w ing

‘‘(B) sub j ect to paragraph (3), not greater than the rate of basic pay payable for level III of the Ex ecutive 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 53 0 7(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 ) N o 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 EM PL OYME N T; APPOINTMENTS; CLASSIFICA - TION STAN D ARDS.— T itle 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 D irector may determine’’; (2) in section 3324(a) by striking ‘‘the O ffice of Personnel Management’’ and inserting: ‘‘the Director of the Office of Per- sonnel Management on the basis of q ualification 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 510 8 (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) EFFECTI V E 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.— F or the purposes of subparagraph (A), the rate of basic pay for an individual 5USC 5 376note.R e gula t i on s .

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