I

103D CONGRESS

1ST SESSION H. R. 2876

To promote and support management reorganization of the National

Aeronautics and Space Administration.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 5, 1993

Mr. BROWN of California introduced the following bill; which was referred

jointly to the Committees on Science, Space, and Technology and Post

Office and Civil Service

A BILL

To promote and support management reorganization of the

National Aeronautics and Space Administration.

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 ‘‘National Aeronautics

5 and Space Administration Management Reorganization

6 Act of 1993’’.

7 SEC. 2. SEPARATION PAY.

8 (a) For the purpose of this section—
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1 (1) the term ‘‘Administrator’’ means the Ad2 ministrator of the National Aeronautics and Space

3 Administration; and

4 (2) the term ‘‘employee’’ means an employee of

5 the National Aeronautics and Space Administration

6 serving under an appointment without time limita7 tion, who has been currently employed for a continu8 ous period of at least 12 months, except that such

9 term does not include—

10 (A) a reemployed annuitant under sub11 chapter III of chapter 83 or chapter 84 of title

12 5, United States Code, or another retirement

13 system for employees of the Government; or

14 (B) an employee having a disability on the

15 basis of which such employee is or would be eli16 gible for disability retirement under any of the

17 retirement systems referred to in subparagraph

18 (A).

19 (b) In order to avoid or minimize the need for invol20 untary separations due to a reduction in force, installation

21 closure, reorganization, transfer of function, or other simi22 lar action affecting the National Aeronautics and Space

23 Administration, the Administrator shall establish a pro24 gram under which separation pay may be offered to en-
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1 courage eligible employees to separate from service volun2 tarily (whether by retirement or resignation).

3 (c) Under the program, separation pay may be

4 offered only—

5 (1) with the prior written consent of the Ad6 ministrator; and

7 (2) to employees within such occupational

8 groups or geographic locations, or subject to such

9 other similar limitations or conditions, as the Ad10 ministrator may require.

11 (d) Such separation pay—

12 (1) shall be paid in a lump sum; and

13 (2) shall be equal to the lesser of—

14 (A) an amount equal to the amount the

15 employee would be entitled to receive under sec16 tion 5595(c) of title 5, United States Code, if

17 the employee were entitled to payment under

18 such section; or

19 (B) $25,000;

20 (3) shall not be a basis for payment, and shall

21 not be included in the computation, of any other

22 type of Government benefit; and

23 (4) shall not be taken into account for purposes

24 of determining the amount of any severance pay to

25 which an individual may be entitled under section
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1 5595 of title 5, United States Code, based on any

2 other separation.

3 (e)(1) No amount shall be payable under this section

4 based on any separation occurring after September 30,

5 1995.

6 (2) No amount shall be payable under this section

7 for any member in the Senior Executive Service based on

8 any separation occurring after September 30, 1993.

9 (f) An employee who receives separation pay under

10 such program may not be reemployed by the National Aer11 onautics and Space Administration for the 12-month pe12 riod beginning on the effective date of the employee’s sepa13 ration, unless the employee agrees to repay to the United

14 States an amount equal to such separation pay multiplied

15 by the proportion of such 12-month period during which

16 the employee will be so reemployed.

17 (g) The Administrator shall prescribe such regula18 tions as may be necessary to carry out this section.

19 SEC. 3. AMOUNTS TO REMAIN AVAILABLE.

20 Amounts appropriated after August 1, 1993, for car21 rying out this Act shall be from sums otherwise authorized

22 to be appropriated for research and program management

23 for the National Aeronautics and Space Administration,

24 and may remain available until expended.

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