S. 1046Senate110th Congress (2007-2009)Enacted

Senior Professional Performance Act of 2008

Introduced March 29, 2007

Legislative Activity

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23 earlier actions
Became Law Latest Action

Became Public Law No: 110-372.

October 8, 2008

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SenateIntro Referral

Introduced in Senate

March 29, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S4179-4180)

March 29, 2007

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

March 29, 2007

SenateCommittee

Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.

June 6, 2007

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.

June 13, 2007

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman without amendment. With written report No. 110-328.

April 22, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 703.

April 22, 2008

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S6609-6610)

July 11, 2008

SenateFloor

Passed Senate with an amendment by Unanimous Consent.

July 11, 2008

SenateFloor

Message on Senate action sent to the House.

July 14, 2008

HouseFloor

Received in the House.

July 14, 2008 • 2:03 PM

HouseIntro Referral

Referred to the House Committee on Oversight and Government Reform.

July 14, 2008

HouseFloor

Mr. Towns moved to suspend the rules and pass the bill.

September 25, 2008 • 11:03 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H9882-9884)

September 25, 2008 • 11:03 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 1046.

September 25, 2008 • 11:03 AM

HouseFloor

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Shays objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

September 25, 2008 • 11:09 AM

HouseFloor

Considered as unfinished business. (consideration: CR H10074-10075)

September 26, 2008 • 5:21 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 659).(text: CR 9/25/2008 H9882-9883)

September 26, 2008 • 5:30 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 659). (text: CR 9/25/2008 H9882-9883)

September 26, 2008 • 5:30 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 26, 2008 • 5:30 PM

SenateAction

Cleared for White House.

September 26, 2008

President

Presented to President.

September 29, 2008

Became Law

Signed by President.

October 8, 2008

Became Law

Became Public Law No: 110-372.

October 8, 2008

Floor Debate

24 members

What members said about S. 1046 on the floor

10 Republicans14 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Mar 29, 2007

Mr. President, I rise today to introduce legislation to ensure that the land on the West Los Angeles Veterans Affairs, West LA VA, campus is protected for the use of America's Veterans. The bill…

James P. McGovern
Rep. James P. McGovernD-MA-3 · Sep 26, 2008

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1507 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Mar 29, 2007

Mr. President, I would like to take the opportunity today to introduce an important piece of legislation to improve the ability of the Department of Defense and the Department of Veterans Affairs to…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Mar 29, 2007

Mr. President, today, I am introducing the Heroes at Home Act of 2007, the Restoring Disability Benefits for Injured and Wounded Warriors Act of 2007, and the Protecting Military Family Financial…

Herb Kohl
Sen. Herb KohlD-WI · Mar 29, 2007

Mr. President, I rise today to introduce the Prevent All Cigarette Trafficking (PACT) Act with Senators Specter, Leahy, Kyl, and Schumer. As the problem of cigarette trafficking continues to worsen,…

Show 8 more
Doc Hastings
Rep. Doc HastingsR-WA-4 · Sep 26, 2008

Mr. Speaker, I want to thank my friend from Massachusetts (Mr. McGovern) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. (Mr. HASTINGS of Washington asked and…

Sam Brownback
Sen. Sam BrownbackR-KS · Mar 29, 2007

Mr. President, I rise to speak on bipartisan legislation that Senator Landrieu and myself are introducing, the Human Cloning Prohibition Act. We do this today with 26 other cosponsors. It is…

Greg Walden
Rep. Greg WaldenR-OR-2 · Sep 26, 2008

I thank my good friend and colleague from Washington State's Fourth District, who has been a real partner in this effort to try and reauthorize and fully fund not only our Secure Rural Schools and…

Robert C. Byrd
Sen. Robert C. ByrdD-WV · Mar 29, 2007

Mr. President, West Virginians have always been a deeply spiritual people. Historically, we have stood fast in our devotion to the Creator, even when--or especially when--faced with adversity,…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Mar 29, 2007

Mr. President, I am introducing the Crane Conservation Act of 2007. I am very pleased that the Senators from Idaho, Mr. Crapo, Florida, Mr. Martinez, Wisconsin, Mr. Kohl, Maryland, Mr. Cardin, and…

Lincoln Diaz-Balart
Rep. Lincoln Diaz-BalartR-FL-21 · Sep 25, 2008

Madam Speaker, I would like to thank my good friend, Mr. Cardoza, the gentleman from California, for the time; and I yield myself such time as I may consume. Madam Speaker, on the opening day of this…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Mar 29, 2007

Mr. President, I rise today to introdnce the Early Hearing Detection and Intervention Act of 2007. This bill is a companion bill to H.R. 1198, introduced in the House by Representative Lois Capps. I…

Rob Bishop
Rep. Rob BishopR-UT-1 · Sep 26, 2008

Mr. Speaker, I guess I stand as someone who also voted against that infamous bill, happily so, because it did not solve the problem. One of the things we should be here to do is try to solve the…

Show 11 more
Ken Salazar
Sen. Ken SalazarD-CO · Mar 29, 2007

Mr. President, I rise today to make the health of American children and families a top priority with the Healthy Children and Families Act of 2007, which I introduced earlier today with Senator…

Barack Obama
Sen. Barack ObamaD-IL · Mar 29, 2007

Mr. President, next week is National Public Health week--a week to raise awareness about the importance of public health all around this Nation. I applaud the efforts of the American Public Health…

Jeff Flake
Rep. Jeff FlakeR-AZ-6 · Sep 26, 2008

I thank the gentleman for yielding. This has been quite a week, Mr. Speaker. I would venture to say that this is the most expensive week in the history of the Republic. I don't think anything ever…

Dennis A. Cardoza
Rep. Dennis A. CardozaD-CA-18 · Sep 25, 2008

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1491 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Mar 29, 2007

Mr. President, I rise today to introduce the National Liberty Memorial Act along with my colleagues, Senators Charles E. Grassley and Sen. Barack Obama. Representatives Donald M. Payne, William Lacy…

George V. Voinovich
Sen. George V. VoinovichR-OH · Mar 29, 2007

Mr. President, I rise today to introduce three important pieces of legislation that I believe will improve the ability of the Federal Government to recruit and retain a world class workforce: the…

Tom Harkin
Sen. Tom HarkinD-IA · Mar 29, 2007

Mr. President, today I introduce the Promoting Wellness for Individuals with Disabilities Act. This important legislation will help ensure that people with disabilities have the same health and…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Mar 29, 2007

Mr. President, I am delighted to reintroduce the Free Internet Filing Act as the tax filing deadline approaches. The bill requires the Internal Revenue Service (IRS) to provide universal access to…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Mar 29, 2007

Mr. President, for far too long, we've acquiesced in a lop-sided economy that benefits wealthy individuals and corporations, but not America's working families. Tens of millions of our men and women…

John Cornyn
Sen. John CornynR-TX · Mar 29, 2007

Mr. President, I rise to introduce the Workforce Health Improvement Program Act of 2007, otherwise known as the WHIP Act. This bipartisan bill I introduce today is the same legislation I introduced…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Mar 29, 2007

Mr. President, with my colleagues, Senator Blanche Lincoln, Senator Gordon Smith and Senator Herb Kohl, I rise to introduce the Elder Justice Act of 2007. Senators Lincoln, Smith, Kohl and I…

Bill Text

6 versions available

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Latest
Enrolled BillIssued September 28, 2008

One Hundred Tenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight

S. 1046

AN ACT

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

1.

Short title

This Act may be cited as the Senior Professional Performance Act of 2008.

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).

.

(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.

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.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate