[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[House]
[Pages H9882-H9884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SENIOR PROFESSIONAL PERFORMANCE ACT OF 2008

  Mr. TOWNS. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1046) to modify pay provisions relating to certain 
senior-level positions in the Federal Government, and for other 
purposes.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 1046

       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 
                   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)--

[[Page H9883]]

       (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, 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; 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 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 
     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 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 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.
       (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 
     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) 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 Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Towns) and the gentleman from Connecticut (Mr. Shays) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TOWNS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TOWNS. Madam Speaker, I yield myself such time as I may consume.
  I rise in support of S. 1046, the Senior Professional Performance Act 
of 2008, introduced by Senator George Voinovich of Ohio.
  This legislation passed the Senate with an amendment by unanimous 
consent on July 11, 2008, and was referred to the House Committee on 
Oversight and Government Reform.
  This legislation amends Federal pay provisions to raise the cap on 
base pay for certain senior-level scientific and professional 
government employees while eliminating locality-based comparability 
payments for the employees.
  The legislation makes small changes in the procedures for new 
appointments of senior-level scientific and professional provisions 
classified above GS-15. The legislation also allows the director of the 
Office of Personnel Management to extend the certification of an 
agency's performance appraisal system, which is otherwise limited to 24 
months under the bill, for up to 6 months.
  The Congressional Budget Office estimates that implementing this 
legislation would cost the Federal Government roughly $7 million 
between 2008 and 2012, which would be paid from discretionary 
appropriations. This legislation would not affect direct spending or 
revenues.
  In 2003, Congress enacted legislation to reform the pay-for-
performance management system for the Senior Executive Service. This 
legislation, as amended, authorizes agencies to develop and implement 
similar pay and performance management systems for senior level 
scientific and professional personnel in order to retain these talented 
and capable employees.
  With the prediction on the high numbers of Federal workers eligible 
for retirement, it is important that the Federal Government have tools 
in place to recruit and retain a highly skilled workforce. S. 1046 
provides agencies with the flexibility needed to meet future workforce 
needs of the Federal Government. We recognize that pay-for-performance 
systems are still under review. However, this bill serves as a first 
step to improving innovative Federal compensation systems.
  Therefore, Madam Speaker, I urge my colleagues to join me in 
supporting this legislation by agreeing to pass S. 1046.
  I reserve the balance of my time.
  Mr. SHAYS. Madam Speaker, I yield myself such time as I may consume.

[[Page H9884]]

  Today we take up the Senior Professional Performance Act of 2008. 
It's a commonsense reform, and I'm pleased to support it, and so are 
other members of the committee.
  The purpose of this bill is to align the pay system for certain 
Federal employees with that of the Senior Executive Servicemembers--
those who provide the executive management of the Federal Government.
  The employees covered by this bill--senior professionals classified 
as scientific and professional personnel (ST) and senior-level 
personnel (SL)--are recognized as providing essential specialized 
skills needed to address the Federal Government's imminent challenges.
  The ST employee is a specially qualified, non-executive who conducts 
research and development functions in the physical, biological, 
medical, or engineering sciences, or a closely related field.
  The SL employee is a high-level non-executive who is not involved in 
fundamental research and development--like a high-level special 
assistant or a senior attorney in a highly specialized field. The 
Senior Executives Association, whose members include SL and ST 
employees, have asked for this pay comparability, as has the Office of 
Personnel Management.
  I intend to support this legislation. I believe other Members on our 
committee do as well, and we urge our colleagues to do so as well.
  I reserve my time.
  Mr. TOWNS. Madam Speaker, does the gentleman from Connecticut have 
additional speakers?
  Mr. SHAYS. Madam Speaker, I don't have any additional speakers.
  I would just like to say this is an essential bill to make sure that 
we are getting the kind of employees in our government who can do the 
kinds of jobs that we need to do. They need to be properly reimbursed, 
and I thank the gentleman.
  I yield back.
  Mr. TOWNS. Let me just say that to the critics, this might not be a 
total solution, but I say to you that it is a giant step in the right 
direction. I'm happy that my colleague from Connecticut, who also 
agrees with this, and others who have worked very hard to bring us to 
where we are today, I would like to salute our staff who worked very 
hard as well, and to say that, yes, it might not be a total solution, 
but it is a step in the right direction, a giant step, and that we 
should move as quickly as possible to make certain that this becomes 
law by passing it out of this House today.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Towns) that the House suspend the rules 
and pass the Senate bill, S. 1046.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SHAYS. Madam Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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