[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Senate]
[Pages 14737-14738]
[From the U.S. Government Publishing Office, www.gpo.gov]




              SENIOR PROFESSIONAL PERFORMANCE ACT OF 2007

  Mr. REID. Mr. President, I ask unanimous consent that we now proceed 
to Calendar No. 703, S. 1046.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1046) to modify pay provisions relating to 
     certain senior-level positions in the Federal Government, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the Voinovich 
substitute amendment which is at the desk be agreed to, the bill, as 
amended, be read a third time and passed, the motions to reconsider be 
laid upon the table with no intervening action or debate, and that any 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5072) was agreed to, as follows:

  (Purpose: To modify pay provisions relating to certain senior-level 
      positions in the Federal Government, and for other purposes)

       Strike all after the enacting clause and insert the 
     following:

     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)--

       (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).''.

[[Page 14738]]

       (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 bill (S. 1046), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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