59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–764 

DISTRICT OF COLUMBIA COURTS AND PUBLIC DEFENDER 

SERVICE VOLUNTARY SEPARATION INCENTIVE PAYMENTS ACT 

SEPTEMBER 20, 2016.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. CHAFFETZ, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 5037] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 5037) to authorize the establishment of 

a program of voluntary separation incentive payments for nonjudicial employees of the District of Columbia courts and employees 

of the District of Columbia Public Defender Service, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. 

CONTENTS 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 3 

Explanation of Amendments ................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Roll Call Votes ......................................................................................................... 4 

Application of Law to the Legislative Branch ....................................................... 4 

Statement of Oversight Findings and Recommendations of the Committee ...... 4 

Statement of General Performance Goals and Objectives .................................... 4 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Advisory Committee Act ............................................................................ 5 

Unfunded Mandate Statement ............................................................................... 5 

Earmark Identification ............................................................................................ 5 

Committee Estimate ................................................................................................ 5 

Budget Authority and Congressional Budget Office Cost Estimate .................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 

The amendments (stated in terms of the page and line numbers 

of the introduced bill) are as follows: 

Page 2, line 13, strike ‘‘courts’’ and insert the following: ‘‘courts, 

except that the maximum amount of the payment made under the 


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1Workforce Restructuring, OPM, https://www.opm.gov/policy-data-oversight/workforce-restructuring/voluntary-separation-incentive-payments/ (Last Accessed July 27, 2016). 2 United States General Accounting Office, Federal Downsizing: The Costs and Savings of 

Buyouts Versus Reductions-in-Force, GA)-96–63 (May 14, 1996). 3 United States Office of Personnel Management, Guide to Voluntary Separation Incentive 

Payments (2006). 

program to any individual may not exceed the amount referred to 

in section 3523(b)(3)(B) of title 5, United States Code’’. 

Page 3, line 4, strike ‘‘Service’’ and insert the following: ‘‘Service, 

except that the maximum amount of the payment made under the 

program to any individual may not exceed the amount referred to 

in section 3523(b)(3)(B) of title 5, United States Code’’. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 5037, the District of Columbia Courts and Public Defender 

Service Voluntary Separation Incentive Payments Act, authorizes 

the District of Columbia Joint Committee on Judicial Administration and the director of the Public Defender Service for the District 

of Columbia to establish a program to provide for voluntary separation incentive payments. These payments would be provided to individuals in exchange for their voluntarily separation from the 

agency. 

BACKGROUND AND NEED FOR LEGISLATION

The use of voluntary separation incentive payments (VSIPs) by 

federal agencies was established in 2002 and is currently codified 

in title 5, United States Code sections 3521–3525. The program established under statute provides authority for the Office of Personnel Management (OPM) to authorize agencies to provide 

buyouts to employees in surplus positions or employees whose skill 

sets are no longer needed. These payments are used to encourage 

these employees to voluntarily resign or retire. The payments are 

calculated as the lesser of either the amount of severance pay the 

individual would receive under a reduction in force per section 

5595 of title 5, United States Code, or an amount determined by 

the agency head that does not exceed $25,000 per individual.1

In 1996, the United States Government Accountability Office 

(GAO) preformed a review of cost savings that could be realized 

through the use of VSIPs.2 The review compared the savings that 

result from a VSIP program, termed buyouts in the study, to that 

of a reduction in force effort. GAO found that buyouts could result 

in up to 50 percent greater savings than reduction in force efforts 

due to a number of factors. The most significant of these factors is 

that while reductions in force generally impact junior employees, 

VSIP offers attract more senior employees, particularly those eligible for retirement. As a result of this disparate impact, GAO found 

that the average salary for individuals receiving buyouts was 

$34,745 for resigning employees and $48,000 for retiring employees, compared to an average salary of $29,495 for employees separated through a reduction in force. In addition to the greater cost 

savings of VSIPs, OPM also notes that VSIPs are far less disruptive than reductions in force on impacted agencies.3


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4 Congressional Budget Office Estimate, H.R. 5711 (Sept. 21, 2006). 

Although VSIP authority is available to federal agencies, the 

D.C. Court system and Public Defender Service do not have this 

authority. To remedy this situation, H.R. 5037 will provide the necessary authority for the District Court system and the Public Defender Service to implement a VSIP program. As a result of this 

legislation, the agencies will have a much needed tool to enable 

them to eliminate unnecessary positions and realize associated cost 

savings. 

LEGISLATIVE HISTORY

H.R. 5037, the District of Columbia Courts and Public Defender 

Service Voluntary Separation Incentive Payments Act, was introduced on April 21, 2016 by Delegate Eleanor Holmes Norton (D– 

DC) and referred to the Committee on Oversight and Government 

Reform. On July 12, 2016, the Committee on Oversight and Government Reform ordered H.R. 5037 favorably reported, as amended, by voice vote. 

A version of H.R. 5037 was introduced in past Congresses, including the 113th and 109th. In the 113th Congress, H.R. 5006 was 

introduced by Delegate Norton and referred to the House Committee on Oversight and Government Reform. The Committee did 

not ultimately consider the legislation. During the 109th Congress, 

H.R. 5711, also introduced by Del. Norton, was referred to the 

House Committee on Government Reform and ordered reported on 

June 29, 2006. While the Committee ultimately declined to file a 

report on H.R. 5711, the bill did receive a score from the Congressional Budget Office (CBO). The score found the bill would result 

in overall cost savings to the federal government.4

SECTION-BY-SECTION

Section 1. Short title 

Designates the short title of the bill as the ‘‘District of Columbia 

Courts and Public Defender Service Voluntary Separation Incentive 

Payments Act.’’ 

Section 2. Authorization for program of voluntary separation incentive payments for District of Columbia Courts 

Amends Chapter 17 of title 11 of the D.C. Official Code by inserting a new section 11–1726A to grant authority to the Joint Committee on Judicial Administration to establish a program for voluntary separation payments for non-judicial employees of the District of Columbia Courts. The program is required to be substantially similar to the program established under subchapter II of 

chapter 35 of title 5, United States Code. 

Amends the table of contents of chapter 17 to reflect the additional section. 

Section 3. Authorization for program of voluntary separation incentive payments for District of Columbia Public Defender Service 

Amends section 305 of the D.C. Court Reform and Criminal Procedure Act of 1970 by adding a new subsection (d), which would 

provide that the Director may establish a program similar to that 


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established under subchapter II of chapter 35 of title 5, United 

States Code. 

EXPLANATION OF AMENDMENTS

During Full Committee consideration of the bill, Delegate Eleanor Holmes Norton (D–DC) offered an amendment that provides 

that the voluntary separation incentive payment program to be set 

up by the District of Columbia Courts system and the Public Defender service is subject to the $25,000 per employee cap. The 

$25,000 cap is the same limit applied to the federal agency voluntary separation incentive payment program administered 

through OPM. The Norton amendment was adopted by voice vote. 

COMMITTEE CONSIDERATION

On July 12, 2016, the Committee met in open session and ordered reported favorably the bill, H.R. 5037, as amended, by voice 

vote, a quorum being present. 

ROLL CALL VOTES

No roll call votes were requested or conducted during Full Committee consideration of H.R. 5037. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill authorizes the establishment of a program of voluntary separation incentive payments for 

nonjudicial employees of the District of Columbia courts and employees of the District of Columbia Public Defender Service. As 

such this bill does not relate to employment or access to public 

services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of this bill is to authorize the establishment of a program 

of voluntary separation incentive payments for nonjudicial employees of the District of Columbia courts and employees of the District 

of Columbia Public Defender Service. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of this bill establishes or reauthorizes a program of 

the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 


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Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting this bill does not direct 

the completion of any specific rule makings within the meaning of 

5 U.S.C. 551. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement as to whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

At the time of this writing, the Committee had yet to receive a 

formal cost estimate from the Congressional Budget Office for H.R. 

5037. However, the Committee considered substantially similar legislation during the 109th Congress, H.R. 5711, from which it bases 

its committee estimate for H.R. 5037. Based on that earlier score, 

the Committee expects slight discretionary savings over the 10- 

year period. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the 

Committee has not received a cost estimate for this bill from the 

Director of Congressional Budget Office, and instead has included 

a committee estimate in the section prior to this one. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 


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and existing law in which no change is proposed is shown in 

roman): 

DISTRICT OF COLUMBIA OFFICIAL CODE 

* * * * * * * 

TITLE 2—GOVERNMENT 

ADMINISTRATION 

* * * * * * * 

CHAPTER 16—PUBLIC DEFENDER SERVICE 

* * * * * * * 

§ 2–1605. Employment of attorneys and other personnel; 

compensation; private practice by attorneys not 

permitted 

(a) The Director shall employ a staff of attorneys and clerical and 

other personnel necessary to provide adequate and effective services. The Director shall make assignments of the personnel of the 

Service. The compensation of all employees of the Service, other 

than the Director and the Deputy Director, shall be fixed by the 

Director, but shall not exceed the compensation which may be paid 

to persons of similar qualifications and experience in the office of 

the United States Attorney for the District of Columbia. All attorneys employed by the Service to represent persons shall be members of the bar of the District of Columbia. 

(b) No attorney employed by the Service shall engage in the private practice of law or receive a fee for representing any person. 

(c)(1) Employees of the Service shall be treated as employees of 

the Federal Government solely for purposes of any of the following 

provisions of Title 5, United States Code: subchapter 1 of Chapter 

81 (relating to compensation for work injuries), Chapter 83 (relating to retirement), Chapter 84 (relating to Federal Employees’ Retirement System), Chapter 87 (relating to life insurance), and 

Chapter 89 (relating to health insurance). 

(2) The Service shall make contributions under the provisions referred to in paragraph (1) of this subsection at the same rates applicable to agencies of the Federal Government. 

(3) An individual who is an employee of the Service on the date 

of the enactment of this subsection may make, within 60 days after 

the issuance of regulations under paragraph (4) of this subsection, 

an election under § 8351 or 8432 of Title 5, United States Code, 

to participate in the Thrift Savings Plan for Federal employees. 

(4) This subsection shall apply with respect to all months beginning after the date on which the Director of the Office of Personnel 

Management issues regulations to carry out this subsection. 

(5) For purposes of vesting pursuant to § 1–626.10(b), creditable 

service with the District for employees whose participation in the 

District Defined Contribution Plan ceases as a result of implementation of this subsection shall include service performed thereafter 

for the Service. 


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(d) The Director may establish a program substantially similar to 

the program established under subchapter II of chapter 35 of title 

5, United States Code, for employees of the Service, except that the 

maximum amount of the payment made under the program to any 

individual may not exceed the amount referred to in section 

3523(b)(3)(B) of title 5, United States Code. 

* * * * * * * 

TITLE 11—ORGANIZATION AND 

JURISDICTION OF THE COURTS 

* * * * * * * 

CHAPTER 17—ADMINISTRATION OF DISTRICT OF 

COLUMBIA COURTS 

* * * * * * * 

Sec. 

11–1701. Administration of District of Columbia court system. 

* * * * * * * 

11–1726A. Voluntary separation incentive payments. 

* * * * * * * 

§ 11–1726A. Voluntary Separation Incentive Payments 

The Joint Committee on Judicial Administration may, by regulation, establish a program substantially similar to the program established under subchapter II of chapter 35 of title 5, United States 

Code, for nonjudicial employees of the District of Columbia courts, 

except that the maximum amount of the payment made under the 

program to any individual may not exceed the amount referred to 

in section 3523(b)(3)(B) of title 5, United States Code. 

* * * * * * * 

Æ 


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