II 

Calendar No. 703 

110TH CONGRESS 

2D SESSION S. 1046 

[Report No. 110–328] 

To modify pay provisions relating to certain senior-level positions in the 

Federal Government, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2007 

Mr. VOINOVICH introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

APRIL 22, 2008 

Reported by Mr. LIEBERMAN, without amendment 

A BILL 

To modify pay provisions relating to certain senior-level 

positions in the Federal Government, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Senior Professional 

5 Performance Act of 2007’’. 


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1 SEC. 2. PAY PROVISIONS RELATING TO CERTAIN SENIOR2 LEVEL POSITIONS. 

3 (a) LOCALITY PAY.—Section 5304 of title 5, United 

4 States Code, is amended— 

5 (1) in subsection (g), by amending paragraph 

6 (2) to read as follows: 

7 ‘‘(2) The applicable maximum under this sub8 section shall be level III of the Executive Schedule 

9 for— 

10 ‘‘(A) positions under subparagraphs (A) 

11 and (B) of subsection (h)(1); and 

12 ‘‘(B) any positions under subsection 

13 (h)(1)(C) as the President may determine.’’; 

14 and 

15 (2) in subsection (h)— 

16 (A) in paragraph (1)— 

17 (i) by striking subparagraph (A); 

18 (ii) in subparagraph (D)— 

19 (I) in clause (v), by striking ‘‘or’’ 

20 at the end; 

21 (II) in clause (vi), by striking the 

22 period at the end and inserting ‘‘; or’’; 

23 and 

24 (III) by adding at the end the 

25 following: 


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1 ‘‘(vii) a position to which section 5376 

2 applies (relating to certain senior-level and 

3 scientific and professional positions).’’; and 

4 (iii) by redesignating subparagraphs 

5 (B), (C), and (D) as subparagraphs (A), 

6 (B), and (C), respectively; and 

7 (B) in paragraph (2)(B)— 

8 (i) in clause (i)— 

9 (I) by striking ‘‘subparagraphs 

10 (A) through (C)’’ and inserting ‘‘sub11 paragraphs (A) and (B)’’; and 

12 (II) by striking ‘‘or (vi)’’ and in13 serting ‘‘(vi), or (vii)’’; and 

14 (ii) in clause (ii)— 

15 (I) by striking ‘‘paragraph 

16 (1)(D)’’ and inserting ‘‘paragraph 

17 (1)(C)’’; and 

18 (II) by striking ‘‘or (vi)’’ and in19 serting ‘‘(vi), or (vii)’’. 

20 (b) ACCESS TO HIGHER MAXIMUM RATE OF BASIC

21 PAY.—Section 5376(b) of title 5, United States Code, is 

22 amended— 

23 (1) in paragraph (1) by amending subpara24 graph (B) to read as follows: 


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1 ‘‘(B) subject to paragraph (3), not greater 

2 than the rate of basic pay payable for level III 

3 of the Executive Schedule.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(3) In the case of an agency which, under sec6 tion 5307(d), has a performance appraisal system 

7 which, as designed and applied, is certified as mak8 ing meaningful distinctions based on relative per9 formance, paragraph (1)(B) shall apply as if the ref10 erence to ‘level III’ were a reference to ‘level II’. 

11 ‘‘(4) No employee may suffer a reduction in pay 

12 by reason of transfer from an agency with an appli13 cable maximum rate of pay prescribed under para14 graph (3) to an agency with an applicable maximum 

15 rate of pay prescribed under paragraph (1)(B).’’. 

16 (c) AUTHORITY FOR EMPLOYMENT; APPOINTMENTS; 

17 CLASSIFICATION STANDARDS.—Title 5, United States 

18 Code is amended— 

19 (1) in section 3104(a), in the second sentence, 

20 by striking ‘‘prescribes’’ and inserting ‘‘prescribes 

21 and publishes in such form as the Office may deter22 mine’’; 

23 (2) in section 3324(a) by striking ‘‘the Office of 

24 Personnel Management’’ and inserting: ‘‘the Direc25 tor of the Office of Personnel Management on the 


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1 basis of qualification standards developed by the 

2 agency involved in accordance with criteria specified 

3 in regulations prescribed by the Director’’; 

4 (3) in section 3325— 

5 (A) in subsection (a), in the second sen6 tence, by striking ‘‘or its designee for this pur7 pose’’ and inserting the following: ‘‘on the basis 

8 of standards developed by the agency involved 

9 in accordance with criteria specified in regula10 tions prescribed by the Director of the Office of 

11 Personnel Management’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(c) The Director of the Office of Personnel Manage14 ment shall prescribe such regulations as may be necessary 

15 to carry out the purpose of this section.’’; and 

16 (4) in section 5108(a)(2) by inserting ‘‘pub17 lished by the Director of the Office of Personnel 

18 Management in such form as the Office may deter19 mine’’ after ‘‘and procedures’’. 

20 (d) EFFECTIVE DATE AND APPLICATION.— 

21 (1) EFFECTIVE DATE.—The amendments made 

22 by this section shall take effect on the first day of 

23 the first pay period beginning on or after the 180th 

24 day following the date of enactment of this Act. 

25 (2) NO REDUCTIONS IN RATES OF PAY.— 


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1 (A) IN GENERAL.—The amendments made 

2 by this section may not result, at the time such 

3 amendments take effect, in a reduction in the 

4 rate of basic pay for an individual holding a po5 sition to which section 5376 of title 5, United 

6 States Code, applies. 

7 (B) DETERMINATION OF RATE OF PAY.— 

8 For the purposes of subparagraph (A), the rate 

9 of basic pay for an individual described in that 

10 subparagraph shall be deemed to be the rate of 

11 basic pay set for the individual under such sec12 tion 5376, plus applicable locality pay paid to 

13 that individual, as of the effective date under 

14 paragraph (1). 

15 (3) REFERENCES TO MAXIMUM RATES.—Except 

16 as otherwise provided by law, any reference in a pro17 vision of law to the maximum rate under section 

18 5376 of title 5, United States Code— 

19 (A) as provided before the effective date of 

20 the amendments made by this section, shall be 

21 considered a reference to the rate of basic pay 

22 for level IV of the Executive Schedule; and 

23 (B) as provided on or after the effective 

24 date of the amendments made by this section, 

25 shall be considered a reference to— 


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1 (i) the rate of basic pay for level III 

2 of the Executive Schedule; or 

3 (ii) if the head of the agency respon4 sible for administering the applicable pay 

5 system certifies that the employees are cov6 ered by a performance appraisal system 

7 meeting requirements established by the 

8 Director of the Office of Personnel Man9 agement, level II of the Executive Sched10 ule. 

11 SEC. 3. LIMITATIONS ON CERTAIN PAYMENTS. 

12 (a) IN GENERAL.—Section 5307(d) of title 5, United 

13 States Code, is amended— 

14 (1) in paragraph (2), by striking all after ‘‘pur15 poses of’’ and inserting: ‘‘applying the limitation in 

16 the calendar year involved, has a performance ap17 praisal system certified under this subsection as 

18 making, in its design and application, meaningful 

19 distinctions based on relative performance.’’; and 

20 (2) in paragraph (3)(B)— 

21 (A) by striking all beginning with ‘‘An’’ 

22 through ‘‘2 calendar years’’ and inserting ‘‘The 

23 certification of an agency performance appraisal 

24 system under this subsection shall be for a pe25 riod not to exceed 24 months beginning on the 


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1 date of certification, unless extended by the Di2 rector of the Office of Personnel Management 

3 for up to 6 additional months’’; and 

4 (B) by striking ‘‘, for purposes of either or 

5 both of those years,’’. 

6 (b) EXTENSION OF CERTIFICATION.— 

7 (1) EXTENSION TO 2008.— 

8 (A) IN GENERAL.—For any certification of 

9 a performance appraisal system under section 

10 5307(d) of title 5, United States Code, in effect 

11 on the date of enactment of this Act and sched12 uled to expire at the end of calendar year 2007, 

13 the Director of the Office of Personnel Manage14 ment may provide that such a certification shall 

15 be extended without requiring additional jus16 tification by the agency. 

17 (B) LIMITATION.—The expiration of any 

18 extension under this paragraph shall be not 

19 later than the later of— 

20 (i) June 30, 2008; or 

21 (ii) the first anniversary of the date of 

22 the certification. 

23 (2) EXTENSION TO 2009.— 

24 (A) IN GENERAL.—For any certification of 

25 a performance appraisal system under section 


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1 5307(d) of title 5, United States Code, in effect 

2 on the date of enactment and scheduled to ex3 pire at the end of calendar year 2008, the Di4 rector of the Office of Personnel Management 

5 may provide that such a certification shall be 

6 extended without requiring additional justifica7 tion by the agency. 

8 (B) LIMITATION.—The expiration of any 

9 extension under this paragraph shall be not 

10 later than the later of— 

11 (i) June 30, 2009; or 

12 (ii) the second anniversary of the date 

13 of the certification. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date of enactment of 

16 this Act. 


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Calendar No. 703 

110TH CONGRESS 

2D SESSION S. 1046 

[Report No. 110

–328] 

A BILL 

To modify pay provisions relating to certain seniorfor other purposes. level positions in the Federal Government, and 

APRIL 22, 2008 

Reported without amendment 


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