II 

112TH CONGRESS 

1ST SESSION S. 1611 

To reduce the size of the Federal workforce through attrition, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2011 

Mr. JOHNSON of Wisconsin (for himself, Ms. AYOTTE, Mr. PAUL, and Mr. 

JOHANNS) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To reduce the size of the Federal workforce through attrition, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reducing the Size of 

5 the Federal Government Through Attrition Act of 2011’’. 

6 SEC. 2. REDUCTION IN FEDERAL WORKFORCE. 

7 (a) DEFINITION.—For the purpose of this section— 

8 (1) the term ‘‘total number of Federal employ9 ees’’ means the total number of Federal employees 

10 in all agencies; 


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1 (2) the term ‘‘Federal employee’’ means an em2 ployee as defined by section 2105 of title 5, United 

3 States Code; and 

4 (3) the term ‘‘agency’’ means an Executive 

5 agency as defined by section 105 of title 5, United 

6 States Code, excluding the Government Account7 ability Office. 

8 (b) LIMITATION.—The President, through the Office 

9 of Management and Budget (in consultation with the Of10 fice of Personnel Management), shall take appropriate 

11 measures to ensure that, effective beginning in fiscal year 

12 2015, the total number of Federal employees (as deter13 mined under subsection (c)) shall not exceed 90 percent 

14 of the total number of Federal employees as of September 

15 30, 2011 (as so determined). 

16 (c) MONITORING AND NOTIFICATION.—The Office of 

17 Management and Budget (in consultation with the Office 

18 of Personnel Management)— 

19 (1) shall continuously monitor all agencies and 

20 make a determination, as of September 30, 2011, 

21 and the last day of each quarter of each fiscal year 

22 beginning thereafter, as to whether or not the total 

23 number of Federal employees exceeds the maximum 

24 number allowable under subsection (b); and 


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1 (2) whenever a determination under paragraph 

2 (1) is made that the total number of Federal em3 ployees exceeds the maximum number allowable 

4 under subsection (b), shall provide written notice to 

5 that effect to the President and Congress within 14 

6 days after the last day of the quarter to which such 

7 determination relates. 

8 (d) COMPLIANCE.—Whenever, with respect to the 

9 quarter ending on September 30, 2014, or any subsequent 

10 quarter, the Office of Management and Budget provides 

11 written notice under subsection (c)(2) that the total num12 ber of Federal employees exceeds the maximum number 

13 allowable under subsection (b), no agency may thereafter 

14 appoint any employee to fill any vacancy within such agen15 cy until the Office of Management and Budget provides 

16 written notice to the President and Congress of a deter17 mination under subsection (c)(1) that the total number 

18 of Federal employees no longer exceeds the maximum 

19 number allowable under subsection (b). Any notice under 

20 the preceding sentence shall be provided within 14 days 

21 after the last day of the quarter to which the determina22 tion relates. 

23 (e) WAIVER.— 


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1 (1) EMERGENCIES.—This section may be 

2 waived upon a determination by the President 

3 that— 

4 (A) the existence of a state of war or other 

5 national security concern so requires; or 

6 (B) the existence of an extraordinary 

7 emergency threatening life, health, public safe8 ty, property, or the environment so requires. 

9 (2) AGENCY EFFICIENCY OR CRITICAL MIS10 SION.—This section may be waived, with respect to 

11 a particular position or category of positions in an 

12 agency, upon a determination by the President that 

13 the efficiency of the agency or the performance of a 

14 critical agency mission so requires. 

15 (f) REPLACEMENT RATE.—To the extent necessary 

16 to achieve the workforce reduction required by subsection 

17 (b), the Office of Management and Budget (in consulta18 tion with the Office of Personnel Management) shall take 

19 appropriate measures to ensure that agencies shall ap20 point no more than 1 employee for every 3 employees retir21 ing or otherwise separating from Government service after 

22 the date of the enactment of this Act. This subsection 

23 shall cease to apply after September 30, 2014. 


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1 (g) COUNTING RULE.—For purposes of this Act, any 

2 determination of the number of employees in an agency 

3 shall be expressed on a full-time equivalent basis. 

4 (h) LIMITATION ON PROCUREMENT OF SERVICE

5 CONTRACTS.—The President, through the Office of Man6 agement and Budget (in consultation with the Office of 

7 Personnel Management), shall take appropriate measures 

8 to ensure that there is no increase in the procurement of 

9 service contracts by reason of the enactment of this Act, 

10 except in cases in which a cost comparison demonstrates 

11 that such contracts would be to the financial advantage 

12 of the Government. 

Æ 


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