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108th CONGRESS
1st Session
S. 129
To provide for reform relating to Federal employment, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2003
Mr. Voinovich introduced the following bill; which was read twice and
referred to the Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To provide for reform relating to Federal employment, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Workforce
Flexibility Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FEDERAL HUMAN RESOURCES MANAGEMENT INNOVATIONS
Sec. 101. Streamlined personnel management demonstration projects.
Sec. 102. Effective date.
TITLE II--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
Sec. 201. Recruitment, relocation, and retention bonuses.
Sec. 202. Streamlined critical pay authority.
Sec. 203. Civil service retirement system computation for part-time
service.
Sec. 204. Corrections relating to pay administration.
TITLE III--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND
BENEFITS
Sec. 301. Agency training.
Sec. 302. Annual leave enhancements.
TITLE I--FEDERAL HUMAN RESOURCES MANAGEMENT INNOVATIONS
SEC. 101. STREAMLINED PERSONNEL MANAGEMENT DEMONSTRATION PROJECTS.
Chapter 47 of title 5, United States Code, is amended--
(1) in section 4701--
(A) in subsection (a)--
(i) by striking ``(a)'';
(ii) by striking paragraph (1) and
inserting the following:
``(1) `agency' means an Executive agency and any entity
that is subject to any provision of this title that could be
waived under section 4703, but does not include--
``(A) the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense Intelligence
Agency, the National Imagery and Mapping Agency, the
National Security Agency, and, as determined by the
President, any Executive agency or unit thereof which
is designated by the President and which has as its
principal function the conduct of foreign intelligence
or counterintelligence activities; or
``(B) the General Accounting Office;'';
(iii) in paragraph (4), by striking ``and''
at the end;
(iv) by redesignating paragraph (5) as
paragraph (6); and
(v) by inserting after paragraph (4) the
following:
``(5) `modification' means a significant change in 1 or
more of the elements of a demonstration project plan as
described in section 4703(b)(1); and''; and
(B) by striking subsection (b); and
(2) in section 4703--
(A) in subsection (a)--
(i) by striking ``conduct and evaluate
demonstration projects'' and inserting
``conduct, modify, and evaluate demonstration
projects'';
(ii) by striking ``, including any law or
regulation relating to--'' and all that follows
and inserting a period; and
(iii) by adding at the end the following:
``The decision to initiate or modify a project
under this section shall be made by the
Office.'';
(B) by striking subsection (b) and inserting the
following:
``(b) Before conducting or entering into any agreement or contract
to conduct a demonstration project, the Office shall ensure--
``(1) that each project has a plan which describes--
``(A) its purpose;
``(B) the employees to be covered;
``(C) its anticipated outcomes and resource
implications, including how the project relates to
carrying out the agency's strategic plan, including
meeting performance goals and objectives, and
accomplishing its mission;
``(D) the personnel policies and procedures the
project will use that differ from those otherwise
available and applicable, including a specific citation
of any provisions of law, rule, or regulation to be
waived and a specific description of any contemplated
action for which there is a lack of specific authority;
``(E) the method of evaluating the project; and
``(F) the agency's system for ensuring that the
project is implemented in a manner consistent with
merit system principles;
``(2) notification of the proposed project to employees who
are likely to be affected by the project;
``(3) an appropriate comment period;
``(4) publication of the final plan in the Federal
Register;
``(5) notification of the final project at least 90 days in
advance of the date any project proposed under this section is
to take effect to employees who are likely to be affected by
the project;
``(6) publication of any subsequent modification in the
Federal Register; and
``(7) notification of any subsequent modification to
employees who are included in the project.'';
(C) in subsection (c)--
(i) by striking paragraph (1) and inserting
the following:
``(1) any provision of chapter 63 or subpart G of part III
of this title;'';
(ii) by redesignating paragraphs (4) and
(5) as paragraphs (6) and (7), respectively;
(iii) by inserting after paragraph (3) the
following:
``(4) section 7342, 7351, or 7353;
``(5) the Ethics in Government Act of 1978 (5 U.S.C.
App.);''; and
(iv) in paragraph (6) as redesignated, by
striking ``paragraph (1), (2), or (3) of this
subsection; or'' and inserting ``paragraphs (1)
through (5);'';
(D) by striking subsections (d) and (e) and
inserting the following:
``(d)(1) Unless terminated at an earlier date in accordance with
this section, each demonstration project shall terminate at the end of
the 10-year period beginning on the date on which the project takes
effect.
``(2) Before the end of the 5-year period beginning on the date on
which a demonstration project takes effect, the Office shall submit a
recommendation to Congress on whether Congress should enact legislation
to make that project permanent.
``(e) The Office may terminate a demonstration project under this
chapter if the Office determines that the project--
``(1) is not consistent with merit system principles set
forth in section 2301, veterans' preference principles, or the
provisions of this chapter; or
``(2) otherwise imposes a substantial hardship on, or is
not in the best interests of, the public, the Government,
employees, or eligibles.''; and
(E) by striking subsections (h) and (i) and
inserting the following:
``(h) Notwithstanding section 2302(e)(1), for purposes of applying
section 2302(b)(11) in a demonstration project under this chapter, the
term `veterans' preference requirement' means any of the specific
provisions of the demonstration project plan that are designed to
ensure that the project is consistent with veterans' preference
principles.
``(i) The Office shall ensure that each demonstration project is
evaluated. Each evaluation shall assess--
``(1) the project's compliance with the plan developed
under subsection (b)(1); and
``(2) the project's impact on improving public management.
``(j) Upon request of the Director of the Office of Personnel
Management, agencies shall cooperate with and assist the Office in any
evaluation undertaken under subsection (i) and provide the Office with
requested information and reports relating to the conducting of
demonstration projects in their respective agencies.''.
SEC. 102. EFFECTIVE DATE.
This title shall take effect 180 days after the date of enactment
of this Act.
TITLE II--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
SEC. 201. RECRUITMENT, RELOCATION, AND RETENTION BONUSES.
(a) Bonuses.--
(1) In general.--Chapter 57 of title 5, United States Code,
is amended by striking sections 5753 and 5754 and inserting the
following:
``Sec. 5753. Recruitment and relocation bonuses
``(a) In this section, the term `employee' has the meaning given
that term under section 2105, except that such term also includes an
employee described under subsection (c) of that section.
``(b)(1) The Office of Personnel Management may authorize the head
of an agency to pay a bonus to an individual appointed or moved to a
position that is likely to be difficult to fill in the absence of such
a bonus, if the individual--
``(A)(i) is newly appointed as an employee of the Federal
Government; or
``(ii) is currently employed by the Federal Government and
moves to a new position in the same geographic area under
circumstances described in regulations of the Office; or
``(B) is currently employed by the Federal Government and
must relocate to accept a position stationed in a different
geographic area.
``(2) Except as provided by subsection (h), a bonus may be paid
under this section only to an employee covered by the General Schedule
pay system established under subchapter III of chapter 53.
``(c)(1) Payment of a bonus under this section shall be contingent
upon the employee entering into a written service agreement to complete
a period of employment with the agency, not to exceed 4 years. The
Office may, by regulation, prescribe a minimum service.
``(2)(A) The agreement shall include--
``(i) the length of the required service period;
``(ii) the amount of the bonus;
``(iii) the method of payment; and
``(iv) other terms and conditions under which the bonus is
payable, subject to subsections (d) and (e) and regulations of
the Office.
``(B) The terms and conditions for paying a bonus, as specified in
the service agreement, shall include--
``(i) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed; and
``(ii) the effect of the termination.
``(3) The agreement shall be made effective upon employment with
the agency or movement to a new position or geographic area, as
applicable, except that a service agreement with respect to a
recruitment bonus may be made effective at a later date under
circumstances described in regulations of the Office, such as when
there is an initial period of formal basic training.
``(d)(1) Except as provided in subsection (e), a bonus under this
section shall not exceed 25 percent of the annual rate of basic pay of
the employee at the beginning of the service period multiplied by the
number of years (or fractions thereof) in the service period, not to
exceed 4 years.
``(2) A bonus under this section may be paid as an initial lump
sum, in installments, as a final lump sum upon the completion of the
full service period, or in a combination of these forms of payment.
``(3) A bonus under this section is not part of the basic pay of an
employee for any purpose.
``(4) Under regulations of the Office, a recruitment bonus under
this section may be paid to an eligible individual before that
individual enters on duty.
``(e) The Office may authorize the head of an agency to waive the
limitation under subsection (d)(1) based on a critical agency need,
subject to regulations prescribed by the Office. Under such a waiver,
the amount of the bonus may be up to 50 percent of the employee's
annual rate of basic pay at the beginning of the service period
multiplied by the number of years (or fractions thereof) in the service
period, not to exceed 100 percent of the employee's annual rate of
basic pay at the beginning of the service period.
``(f) The Office shall require that, before paying a bonus under
this section, an agency shall establish a plan for paying recruitment
bonuses and a plan for paying relocation bonuses, subject to
regulations prescribed by the Office.
``(g) The Office may prescribe regulations to carry out this
section, including regulations relating to the repayment of a
recruitment or relocation bonus in appropriate circumstances when the
agreed-upon service period has not been completed.
``(h)(1) At the request of the head of an Executive agency, the
Office may extend coverage under this section to categories of
employees within the agency who otherwise would not be covered by this
section.
``(2) The Office shall not extend coverage to the head of an
Executive agency, including an Executive agency headed by a board or
other collegial body composed of 2 or more individual members.
``Sec. 5754. Retention bonuses
``(a) In this section, the term `employee' has the meaning given
that term under section 2105, except that such term also includes an
employee described in subsection (c) of that section.
``(b) The Office of Personnel Management may authorize the head of
an agency to pay a retention bonus to an employee, subject to
regulations prescribed by the Office, if--
``(1) the unusually high or unique qualifications of the
employee or a special need of the agency for the employee's
services makes it essential to retain the employee; and
``(2) the agency determines that, in the absence of a
retention bonus, the employee would be likely to leave--
``(A) the Federal service; or
``(B) for a different position in the Federal
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