Federal Workforce Flexibility Act of 2004

Bill: 108-s-129
Sponsor: Sen. Voinovich, George V. [R-OH]
Introduced: 2003-01-09 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative procedure
Annuities
Armed Forces and National Security
Civil service retirement
Congress
Congressional reporting requirements
Crime and Law Enforcement
Department of Justice
Education
Employee selection
Employee training
Executive Office of the President
Executive reorganization
Federal employees
Federal law enforcement officers
Federal officials
Fringe benefits
Government paperwork
Government travel
Hours of labor
Labor and Employment
Labor contracts
Law
Leave of absence
Legislation
Mentoring
Military education
Office of Personnel Management
Part-time employment
Pay equity
Performance measurement
Personnel management
Position classification
Productivity in government
Promotions
Rating of employees
Recruiting of employees
Relocation
Salaries
Service academies
Strategic planning
Supervisors
Transfer of employees
Veterans' employment

Summary:
action_date: 2003-01-09
text: Federal Workforce Flexibility Act of 2003 - Amends Federal employment law to: (1) strike a provision excepting as a Federal agency position any position in the Drug Enforcement Administration which is excluded from competitive service requirements; (2) authorize the Office of Personnel Management (OPM) to modify employee demonstration projects; (3) remove the requirement that OPM develop a plan for each project; and (4) terminate projects after ten (currently five) years, while requiring OPM to recommend, during the project's first five years, whether it should be made permanent.
Amends Federal employee recruitment and retention provisions to: (1) provide a four-year maximum on the years required of an employee provided a recruitment bonus; (2) authorize a recruitment or retention bonus of up to 50 percent of an employee's annual salary in the case of a critical agency need; (3) require OPM to establish a plan for paying such bonuses; and (4) rename the retention allowance the retention bonus and make such bonus contingent upon the completion of a period of service to be determined.
Empowers OPM (currently, only at the request of an agency) to fix the rates of critical pay.
Requires part-time service performed before April 7, 1986, to be credited as full-time service for annuity determination purposes.
Empowers OPM (currently the President) to provide special locality pay rates. Requires an agency head to notify OPM of any categories of employees that would not be covered under such rates. Requires a pay rate conversion for employees moving to a different locality. Considers the locality pay rate as basic pay for purposes of Federal benefits. Determines the rates of pay for employees entitled to pay retention.
Requires each agency head to evaluate its agency training with respect to success in accomplishing performance plans and strategic goals, appoint a training officer, and establish a comprehensive management succession program.
Authorizes annual leave for qualified non-Federal service of newly hired Federal employees.
action_date: 2004-01-27
text: 
Federal Workforce Flexibility Act of 2003 - 
Title I: Reforms Relating to Federal Human Capital Management -
 (Sec. 101) Amends Federal employment law to allow the Office of Personnel Management (OPM) to authorize the head of a Federal agency to pay a recruitment or relocation bonus to an individual appointed, moved, or relocated to a position likely to be difficult to fill in the absence of such a bonus, if the individual is a newly appointed Federal employee or current employee who moves to a new position in the same area or relocates to another position. Allows such bonus only for General Schedule (GS) employees. Makes such payment contingent upon a written agreement to complete a period of employment with that agency of up to four years. Limits the bonus amount to 25 percent of the employee's basic pay times the number of years of the required service period. Allows a recruitment bonus to be paid to an eligible individual before the individual enters on duty. Allows OPM to authorize the agency head to waive the bonus limitation in the case of critical agency need, making the new limit 100 percent of the employee's annual basic pay. Requires an agency to establish a plan for the payment of such bonuses. Prohibits such bonuses from being paid to individuals who hold political appointment positions. Requires OPM to report annually on bonuses paid. Prohibits individuals receiving such a bonus from receiving any other Federal recruitment or retention bonus.
 
Allows OPM to authorize an agency head to pay a retention bonus to an employee if: (1) the unusually high or unique qualifications of the employee or a special agency need for such services makes it essential to retain the employee; and (2) the agency determines that, in the absence of such bonus, the individual would be likely to leave Federal service. Allows such bonus only for GS employees. Allows such bonus to be paid to a group of employees in one or more categories of positions in one or more geographic areas, if there is a high risk that a significant portion of such employees would likely leave or move to another position. Makes such payment contingent upon a written agreement to complete a period of employment with the agency. Provides bonus limits of: (1) 25 percent of basic pay, for individuals; or (2) ten percent of basic pay, for groups of employees. Allows OPM to authorize the agency head to waive the bonus limitation in the case of critical agency need, making the new limit 50 percent of the employee's annual basic pay. Requires an agency to establish a plan for the payment of such bonuses. Prohibits such bonuses from being paid to individuals who hold political appointment positions. Requires OPM to report annually on bonuses paid.
 
(Sec. 102) Allows OPM (currently, the Office of Management and Budget (OMB)), upon the request of an agency, to grant authority for such agency to fix the rates of basic pay for critical positions in such agency.
 
(Sec. 103) Revises the Civil Service Retirement System (CSRS) annuity computation with respect to part-time civil service before April 7, 1986, to credit all service of such employees, no matter when performed, as full-time for purposes of such computation.
 
(Sec. 104) Includes, for purposes of annuity calculations under CSRS or the Federal Employees Retirement System (FERS), an individual's service as a military academy cadet or midshipman.
 
(Sec. 105) Authorizes the White House Office of Administration to establish White House Senior Executive Service (SES) positions, to be designated as career reserved positions. Makes GS position limitations inapplicable to such positions.
 

Title II: Reforms Relating to Federal Employee Career Development and Benefits -
 (Sec. 201) Requires each agency head to evaluate its agency training with respect to success in accomplishing performance plans and strategic goals, appoint a training officer, establish a comprehensive management succession program, and provide special training to managers for dealing with employees with unacceptable performances.
 
(Sec. 202) Authorizes annual leave for newly-hired Federal employees with qualified non-Federal experience (duties which were directly related to the duties of the current Federal position). Requires individuals in SES positions to receive the maximum biweekly annual leave authorized (eight hours).
 
(Sec. 203) Requires Federal agencies to provide employees compensatory time off for time spent in travel status away from their official duty stations, to the extent that such time spent is not otherwise compensable.

action_date: 2004-04-08
text: 
Federal Workforce Flexibility Act of 2003 - 
Title I: Reforms Relating to Federal Human Capital Management -
 (Sec. 101) Amends Federal employment law to allow the Office of Personnel Management (OPM) to authorize the head of a Federal agency to pay a recruitment or relocation bonus to an individual appointed, moved, or relocated to a position likely to be difficult to fill in the absence of such a bonus, if the individual is a newly appointed Federal employee or current employee who moves to a new position in the same area or relocates to another position. Allows such bonus only for General Schedule (GS) employees. Makes such payment contingent upon a written agreement to complete a period of employment with that agency of up to four years. Limits the bonus amount to 25 percent of the employee's basic pay times the number of years of the required service period. Allows a recruitment bonus to be paid to an eligible individual before the individual enters on duty. Allows OPM to authorize the agency head to waive the bonus limitation in the case of critical agency need, making the new limit 100 percent of the employee's annual basic pay. Requires an agency to establish a plan for the payment of such bonuses. Prohibits such bonuses from being paid to individuals who hold political appointment positions. Requires OPM to report annually on bonuses paid. Prohibits individuals receiving such a bonus from receiving any other Federal recruitment or retention bonus.
 
Allows OPM to authorize an agency head to pay a retention bonus to an employee if: (1) the unusually high or unique qualifications of the employee or a special agency need for such services makes it essential to retain the employee; and (2) the agency determines that, in the absence of such bonus, the individual would be likely to leave Federal service. Allows such bonus only for GS employees. Allows such bonus to be paid to a group of employees in one or more categories of positions in one or more geographic areas, if there is a high risk that a significant portion of such employees would likely leave or move to another position. Makes such payment contingent upon a written agreement to complete a period of employment with the agency. Provides bonus limits of: (1) 25 percent of basic pay, for individuals; or (2) ten percent of basic pay, for groups of employees. Allows OPM to authorize the agency head to waive the bonus limitation in the case of critical agency need, making the new limit 50 percent of the employee's annual basic pay. Requires an agency to establish a plan for the payment of such bonuses. Prohibits such bonuses from being paid to individuals who hold political appointment positions. Requires OPM to report annually on bonuses paid.
 
(Sec. 102) Allows OPM (currently, the Office of Management and Budget (OMB)), upon the request of an agency, to grant authority for such agency to fix the rates of basic pay for critical positions in such agency.
 
(Sec. 103) Revises the Civil Service Retirement System (CSRS) annuity computation with respect to part-time civil service before April 7, 1986, to credit all service of such employees, no matter when performed, as full-time for purposes of such computation.
 
(Sec. 104) Includes, for purposes of annuity calculations under CSRS or the Federal Employees Retirement System (FERS), an individual's service as a military academy cadet or midshipman.
 
(Sec. 105) Authorizes the White House Office of Administration to establish White House Senior Executive Service (SES) positions, to be designated as career reserved positions. Makes GS position limitations inapplicable to such positions.
 

Title II: Reforms Relating to Federal Employee Career Development and Benefits -
 (Sec. 201) Requires each agency head to evaluate its agency training with respect to success in accomplishing performance plans and strategic goals, appoint a training officer, establish a comprehensive management succession program, and provide special training to managers for dealing with employees with unacceptable performances.
 
(Sec. 202) Authorizes annual leave for newly-hired Federal employees with qualified non-Federal experience (duties which were directly related to the duties of the current Federal position). Requires individuals in SES positions to receive the maximum biweekly annual leave authorized (eight hours).
 
(Sec. 203) Requires Federal agencies to provide employees compensatory time off for time spent in travel status away from their official duty stations, to the extent that such time spent is not otherwise compensable.

action_date: 2004-10-30
text: 
Federal Workforce Flexibility Act of 2004 - 
Title I: Reforms Relating to Federal Human Capital Management -
 (Sec. 101) Amends Federal employment law to allow the Office of Personnel Management (OPM) to authorize the head of a Federal agency to pay a recruitment or relocation bonus to an individual appointed, moved, or relocated to a position likely to be difficult to fill in the absence of such a bonus, if the individual is a newly appointed Federal employee or current employee who moves to a new position in the same area or relocates to another position. Allows such bonus only for General Schedule (GS) employees. Makes such payment contingent upon a written agreement to complete a period of employment with that agency of up to four years. Limits the bonus amount to 25 percent of the employee's basic pay times the number of years of the required service period. Allows a recruitment bonus to be paid to an eligible individual before the individual enters on duty. Allows OPM to authorize the agency head to waive the bonus limitation in the case of critical agency need, making the new limit 100 percent of the employee's annual basic pay. Requires each agency to establish a plan for the payment of such bonuses. Prohibits such bonuses from being paid to individuals who hold political appointment positions. 
 
Allows OPM to authorize an agency head to pay a retention bonus to an employee if: (1) the unusually high or unique qualifications of the employee or a special agency need for such services makes it essential to retain the employee; and (2) the agency determines that, in the absence of such bonus, the individual would be likely to leave Federal service or move to another Federal position. Allows such bonus only for GS employees. Allows such bonus to be paid to a group of employees in one or more categories of positions in one or more geographic areas, if there is a high risk that a significant portion of such employees would likely leave or move to another position. Makes such payment contingent upon a written agreement to complete a period of employment with the agency. Provides bonus limits of: (1) 25 percent of basic pay, for individuals; and (2) ten percent of basic pay, for groups of employees. Allows OPM to authorize the agency head to waive the bonus limitation in the case of critical agency need, making the new limit 50 percent of the employee's annual basic pay. Requires each agency to establish a plan for the payment of such bonuses. Prohibits such bonuses from being paid to individuals who hold political appointment positions. 
 
Expresses the sense of Congress that the Director of OPM should be notified within 60 days after a recruitment, relocation, or retention bonus authorized by this Act is paid, and should monitor the payment of such bonuses to determine their effectiveness.
 
Requires the Director of OPM to report annually, for a five year period, to the Senate Committee on Governmental Affairs and the House Committee on Government Reform on the payment of recruitment, relocation, and retention bonuses authorized by this Act. 
 
(Sec. 102) Allows OPM (currently, the Office of Management and Budget (OMB)), upon the request of a Federal agency, to grant authority for such agency to fix the rates of basic pay for critical positions in such agency. Limits OPM (currently, OMB) authority for offering critical pay and requires OPM to consult with OMB (currently, vice-versa) before making any decision to grant or terminate critical pay authority. Requires OPM (instead of OMB) to report to the governmental affairs committees of Congress on the operation of provisions relating to pay authority for critical positions.
 

Title II: Reforms Relating to Federal Employee Career Development and Benefits -
 (Sec. 201) Requires each agency head to evaluate its agency training with respect to success in accomplishing performance plans and strategic goals, appoint a training officer, establish a comprehensive management succession program, and provide special training to managers for dealing with employees with unacceptable performances.
 
(Sec. 202) Authorizes annual leave for newly-hired Federal employees with qualified non-Federal experience (duties which are directly related to the duties of the current Federal position). Requires individuals in Senior Executive Service (SES) positions to receive the maximum biweekly annual leave authorized (eight hours).
 
(Sec. 203) Requires Federal agencies to provide employees compensatory time off for time spent in travel status away from their official duty stations, to the extent that such time spent is not otherwise compensable.
 

Title III: Provisions Relating to Pay Administration
 - (Sec. 301) Amends provisions of Federal employment law relating to pay comparability to: (1) exclude retained rate of basic pay from the definition of rates of pay under the General Schedule; (2) authorize OPM (instead of the President) to establish special pay rates for employees in certain localities; (3) expand the authority of OPM to prescribe special pay rates; (4) revise rules relating to adjustment of special pay rates; (5) provide pay adjustments, under OPM conversion rules, for an employee reassigned to a new position; (6) include retained pay rates in basic pay, for purposes of civil service retirement and other federal employment benefits; (7) require adjustments of special pay rates for law enforcement officers; (8) repeal certain restrictions relating to performance-based cash awards; and (9) provide conversion rules for individuals receiving a retained pay rate.
 
(Sec. 302) Includes the position of Administrator of the Office of Electronic Government as a Level III Executive Schedule position.


Legislative actions:
action_date: 2004-10-30
text: Became Public Law No: 108-411.
action_date: 2004-10-30
text: Became Public Law No: 108-411.
action_date: 2004-10-30
text: Signed by President.
action_date: 2004-10-30
text: Signed by President.
action_date: 2004-10-21
text: Presented to President.
action_date: 2004-10-21
text: Presented to President.
action_date: 2004-10-18
text: Message on Senate action sent to the House.
action_date: 2004-10-11
text: Senate agreed to House amendment by Unanimous Consent. (consideration: CR S11263-11267; text as Senate agreed to House amendment: CR S11264-11267)
action_date: 2004-10-11
text: Resolving differences -- Senate actions: Senate agreed to House amendment by Unanimous Consent.(consideration: CR S11263-11267; text as Senate agreed to House amendment: CR S11264-11267)
action_date: 2004-10-07
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2004-10-06
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-10-06
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8259-8263)
action_date: 2004-10-06
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8259-8263)
action_date: 2004-10-06
text: DEBATE - The House proceeded with forty minutes of debate on S. 129.
action_date: 2004-10-06
text: Considered under suspension of the rules. (consideration: CR H8259-8264)
action_date: 2004-10-06
text: Mr. Davis, Tom moved to suspend the rules and pass the bill, as amended.
action_date: 2004-10-05
text: Placed on the Union Calendar, Calendar No. 454.
action_date: 2004-10-05
text: Reported (Amended) by the Committee on Government Reform. H. Rept. 108-733.
action_date: 2004-10-05
text: Reported (Amended) by the Committee on Government Reform. H. Rept. 108-733.
action_date: 2004-06-24
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2004-06-24
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-05-18
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
action_date: 2004-05-18
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2004-05-03
text: Referred to the Subcommittee on Civil Service and Agency Organization.
action_date: 2004-04-20
text: Referred to the House Committee on Government Reform.
action_date: 2004-04-20
text: Message on Senate action sent to the House.
action_date: 2004-04-20
text: Received in the House.
action_date: 2004-04-08
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S4068-4070)
action_date: 2004-04-08
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S4068-4070)
action_date: 2004-04-08
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2004-04-08
text: Measure laid before Senate by unanimous consent. (consideration: CR S4062-4070; text of measure as reported in Senate: CR S4062-4068)
action_date: 2004-01-27
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 428.
action_date: 2004-01-27
text: Committee on Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. With written report No. 108-223.
action_date: 2004-01-27
text: Committee on Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. With written report No. 108-223.
action_date: 2003-10-22
text: Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-03-21
text: Committee on Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce,  and the District of Columbia.
action_date: 2003-01-09
text: Read twice and referred to the Committee on Governmental Affairs.
action_date: 2003-01-09
text: Introduced in Senate

Enacted as: number: 108-411