II 

110TH CONGRESS 

1ST SESSION S. 1046 

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 

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’’. 

6 SEC. 2. PAY PROVISIONS RELATING TO CERTAIN SENIOR7 LEVEL POSITIONS. 

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

9 States Code, is amended— 


hmoore on PROD1PC68 with HMBILLS
2 

•S 1046 IS

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

2 (2) to read as follows: 

3 ‘‘(2) The applicable maximum under this sub4 section shall be level III of the Executive Schedule 

5 for— 

6 ‘‘(A) positions under subparagraphs (A) 

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

8 ‘‘(B) any positions under subsection 

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

10 and 

11 (2) in subsection (h)— 

12 (A) in paragraph (1)— 

13 (i) by striking subparagraph (A); 

14 (ii) in subparagraph (D)— 

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

16 at the end; 

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

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

19 and 

20 (III) by adding at the end the 

21 following: 

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

23 applies (relating to certain senior-level and 

24 scientific and professional positions).’’; and 


hmoore on PROD1PC68 with HMBILLS
3 

•S 1046 IS

1 (iii) by redesignating subparagraphs 

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

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

4 (B) in paragraph (2)(B)— 

5 (i) in clause (i)— 

6 (I) by striking ‘‘subparagraphs 

7 (A) through (C)’’ and inserting ‘‘sub8 paragraphs (A) and (B)’’; and 

9 (II) by striking ‘‘or (vi)’’ and in10 serting ‘‘(vi), or (vii)’’; and 

11 (ii) in clause (ii)— 

12 (I) by striking ‘‘paragraph 

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

14 (1)(C)’’; and 

15 (II) by striking ‘‘or (vi)’’ and in16 serting ‘‘(vi), or (vii)’’. 

17 (b) ACCESS TO HIGHER MAXIMUM RATE OF BASIC

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

19 amended— 

20 (1) in paragraph (1) by amending subpara21 graph (B) to read as follows: 

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

23 than the rate of basic pay payable for level III 

24 of the Executive Schedule.’’; and 

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


hmoore on PROD1PC68 with HMBILLS
4 

•S 1046 IS

1 ‘‘(3) In the case of an agency which, under sec2 tion 5307(d), has a performance appraisal system 

3 which, as designed and applied, is certified as mak4 ing meaningful distinctions based on relative per5 formance, paragraph (1)(B) shall apply as if the ref6 erence to ‘level III’ were a reference to ‘level II’. 

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

8 by reason of transfer from an agency with an appli9 cable maximum rate of pay prescribed under para10 graph (3) to an agency with an applicable maximum 

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

12 (c) AUTHORITY FOR EMPLOYMENT; APPOINTMENTS; 

13 CLASSIFICATION STANDARDS.—Title 5, United States 

14 Code is amended— 

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

16 by striking ‘‘prescribes’’ and inserting ‘‘prescribes 

17 and publishes in such form as the Office may deter18 mine’’; 

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

20 Personnel Management’’ and inserting: ‘‘the Direc21 tor of the Office of Personnel Management on the 

22 basis of qualification standards developed by the 

23 agency involved in accordance with criteria specified 

24 in regulations prescribed by the Director’’; 

25 (3) in section 3325— 


hmoore on PROD1PC68 with HMBILLS
5 

•S 1046 IS

1 (A) in subsection (a), in the second sen2 tence, by striking ‘‘or its designee for this pur3 pose’’ and inserting the following: ‘‘on the basis 

4 of standards developed by the agency involved 

5 in accordance with criteria specified in regula6 tions prescribed by the Director of the Office of 

7 Personnel Management’’; and 

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

9 ‘‘(c) The Director of the Office of Personnel Manage10 ment shall prescribe such regulations as may be necessary 

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

12 (4) in section 5108(a)(2) by inserting ‘‘pub13 lished by the Director of the Office of Personnel 

14 Management in such form as the Office may deter15 mine’’ after ‘‘and procedures’’. 

16 (d) EFFECTIVE DATE AND APPLICATION.— 

17 (1) EFFECTIVE DATE.—The amendments made 

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

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

20 day following the date of enactment of this Act. 

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

22 (A) IN GENERAL.—The amendments made 

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

24 amendments take effect, in a reduction in the 

25 rate of basic pay for an individual holding a poVerDate Aug 31 2005 00:24 Apr 04, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1046.IS S1046

hmoore on PROD1PC68 with HMBILLS
6 

•S 1046 IS

1 sition to which section 5376 of title 5, United 

2 States Code, applies. 

3 (B) DETERMINATION OF RATE OF PAY.— 

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

5 of basic pay for an individual described in that 

6 subparagraph shall be deemed to be the rate of 

7 basic pay set for the individual under such sec8 tion 5376, plus applicable locality pay paid to 

9 that individual, as of the effective date under 

10 paragraph (1). 

11 (3) REFERENCES TO MAXIMUM RATES.—Except 

12 as otherwise provided by law, any reference in a pro13 vision of law to the maximum rate under section 

14 5376 of title 5, United States Code— 

15 (A) as provided before the effective date of 

16 the amendments made by this section, shall be 

17 considered a reference to the rate of basic pay 

18 for level IV of the Executive Schedule; and 

19 (B) as provided on or after the effective 

20 date of the amendments made by this section, 

21 shall be considered a reference to— 

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

23 of the Executive Schedule; or 

24 (ii) if the head of the agency respon25 sible for administering the applicable pay 


hmoore on PROD1PC68 with HMBILLS
7 

•S 1046 IS

1 system certifies that the employees are cov2 ered by a performance appraisal system 

3 meeting requirements established by the 

4 Director of the Office of Personnel Man5 agement, level II of the Executive Sched6 ule. 

7 SEC. 3. LIMITATIONS ON CERTAIN PAYMENTS. 

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

9 States Code, is amended— 

10 (1) in paragraph (2), by striking all after ‘‘pur11 poses of’’ and inserting: ‘‘applying the limitation in 

12 the calendar year involved, has a performance ap13 praisal system certified under this subsection as 

14 making, in its design and application, meaningful 

15 distinctions based on relative performance.’’; and 

16 (2) in paragraph (3)(B)— 

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

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

19 certification of an agency performance appraisal 

20 system under this subsection shall be for a pe21 riod not to exceed 24 months beginning on the 

22 date of certification, unless extended by the Di23 rector of the Office of Personnel Management 

24 for up to 6 additional months’’; and 


hmoore on PROD1PC68 with HMBILLS
8 

•S 1046 IS

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

2 both of those years,’’. 

3 (b) EXTENSION OF CERTIFICATION.— 

4 (1) EXTENSION TO 2008.— 

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

6 a performance appraisal system under section 

7 5307(d) of title 5, United States Code, in effect 

8 on the date of enactment of this Act and sched9 uled to expire at the end of calendar year 2007, 

10 the Director of the Office of Personnel Manage11 ment may provide that such a certification shall 

12 be extended without requiring additional jus13 tification by the agency. 

14 (B) LIMITATION.—The expiration of any 

15 extension under this paragraph shall be not 

16 later than the later of— 

17 (i) June 30, 2008; or 

18 (ii) the first anniversary of the date of 

19 the certification. 

20 (2) EXTENSION TO 2009.— 

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

22 a performance appraisal system under section 

23 5307(d) of title 5, United States Code, in effect 

24 on the date of enactment and scheduled to ex25 pire at the end of calendar year 2008, the DiVerDate Aug 31 2005 00:24 Apr 04, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1046.IS S1046

hmoore on PROD1PC68 with HMBILLS
9 

•S 1046 IS

1 rector of the Office of Personnel Management 

2 may provide that such a certification shall be 

3 extended without requiring additional justifica4 tion by the agency. 

5 (B) LIMITATION.—The expiration of any 

6 extension under this paragraph shall be not 

7 later than the later of— 

8 (i) June 30, 2009; or 

9 (ii) the second anniversary of the date 

10 of the certification. 

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

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

13 this Act. 

Æ 


hmoore on PROD1PC68 with HMBILLS