Federal Workforce Flexibility Act of 2004
Public Law 108-411 · S. 129 · 108th Congress · began in the Senate
Signed by George W. Bush (R) on Oct 30, 2004 · Government Operations and Politics
Sponsor: Sen. George Voinovich (R-OH)
Cosponsors: None
Passage votes
- HouseVoice vote
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
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.
Committees
The committees the bill was sent to, and what each did with it.
Oversight and Accountability Committee · House · markup by, referred to, reported bySubcommittee: Civil Service and Agency Organization Subcommittee
Homeland Security and Governmental Affairs Committee · Senate · markup by, referred to, reported bySubcommittee: Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
1 bill the Library of Congress relates to this one.
H.R. 1601Related bill
Federal Workforce Flexibility Act of 2003
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 31 actions.
- Oct 30, 2004Became lawBecame law · Became Public Law No: 108-411.
- Became lawBecame law · Signed by President.
- Oct 21, 2004FloorFloor · Presented to President.
- Oct 18, 2004FloorFloor · Message on Senate action sent to the House.
- Oct 11, 2004Resolving differencesResolving differences · Senate agreed to House amendment by Unanimous Consent.
- OtherOther · Resolving differences -- Senate actions: Senate agreed to House amendment by Unanimous Consent.
- Oct 7, 2004FloorFloor · Message on House action received in Senate and at desk: House amendment to Senate bill.
- Oct 6, 2004FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
- FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 129.
- FloorFloor · Considered under suspension of the rules.
- FloorFloor · Mr. Davis, Tom moved to suspend the rules and pass the bill, as amended.
- Oct 5, 2004CalendarCalendar · Placed on the Union Calendar, Calendar No. 454.
- CommitteeCommittee · Reported (Amended) by the Committee on Government Reform. H. Rept. 108-733.
- Jun 24, 2004CommitteeCommittee · Ordered to be Reported (Amended) by Voice Vote.
- CommitteeCommittee · Committee Consideration and Mark-up Session Held.
- May 18, 2004CommitteeCommittee · Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
- CommitteeCommittee · Subcommittee Consideration and Mark-up Session Held.
- May 3, 2004CommitteeCommittee · Referred to the Subcommittee on Civil Service and Agency Organization.
- Apr 20, 2004FloorFloor · Message on Senate action sent to the House.
- FloorFloor · Received in the House.
- CommitteeCommittee · Referred to the House Committee on Government Reform.
- Apr 8, 2004FloorFloor · Passed Senate with an amendment by Unanimous Consent.
- FloorFloor · The committee substitute as amended agreed to by Unanimous Consent.
- FloorFloor · Measure laid before Senate by unanimous consent.
- Jan 27, 2004CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 428.
- CommitteeCommittee · Committee on Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. With written report No. 108-223.
- Oct 22, 2003CommitteeCommittee · Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Mar 21, 2003CommitteeCommittee · Committee on Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
- Jan 9, 2003CommitteeCommittee · Read twice and referred to the Committee on Governmental Affairs.
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
1 amendment offered to the bill, with the last recorded step of each.
- Agreed to
S.Amdt. 3045SenateSen. George VoinovichR-OH· offered Apr 8, 2004Agreed to
To make a technical correction.
Apr 8, 2004: Amendment SA 3045 agreed to in Senate by Unanimous Consent.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.