IIA

103D CONGRESS

1ST SESSION H. R. 2876

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

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—

9 (1) the term ‘‘Administrator’’ means the Ad10 ministrator of the National Aeronautics and Space

11 Administration; and
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1 (2) the term ‘‘employee’’ means an employee of

2 the National Aeronautics and Space Administration

3 serving under an appointment without time limita4 tion, who has been currently employed for a continu5 ous period of at least 12 months, except that such

6 term does not include—

7 (A) a reemployed annuitant under sub8 chapter III of chapter 83 or chapter 84 of title

9 5, United States Code, or another retirement

10 system for employees of the Government; or

11 (B) an employee having a disability on the

12 basis of which such employee is or would be eli13 gible for disability retirement under any of the

14 retirement systems referred to in subparagraph

15 (A).

16 (b) In order to avoid or minimize the need for invol17 untary separations due to a reduction in force, installation

18 closure, reorganization, transfer of function, or other simi19 lar action affecting the National Aeronautics and Space

20 Administration, the Administrator shall establish a pro21 gram under which separation pay may be offered to en22 courage eligible employees to separate from service volun23 tarily (whether by retirement or resignation).

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

25 offered only—
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1 (1) with the prior written consent of the Ad2 ministrator; and

3 (2) to employees within such occupational

4 groups or geographic locations, or subject to such

5 other similar limitations or conditions, as the Ad6 ministrator may require.

7 (d) Such separation pay—

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

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

10 (A) an amount equal to the amount the

11 employee would be entitled to receive under sec12 tion 5595(c) of title 5, United States Code, if

13 the employee were entitled to payment under

14 such section; or

15 (B) $25,000;

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

17 not be included in the computation, of any other

18 type of Government benefit; and

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

20 of determining the amount of any severance pay to

21 which an individual may be entitled under section

22 5595 of title 5, United States Code, based on any

23 other separation.
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1 (e)(1) No amount shall be payable under this section

2 based on any separation occurring after September 30,

3 1995.

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

5 for any member in the Senior Executive Service based on

6 any separation occurring after September 30, 1993.

7 (f) An employee who receives separation pay under

8 such program may not be reemployed by the National Aer9 onautics and Space Administration for the 12-month pe10 riod beginning on the effective date of the employee’s sepa11 ration, unless the employee agrees to repay to the United

12 States an amount equal to such separation pay multiplied

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

14 the employee will be so reemployed.

15 (g) The Administrator shall prescribe such regula16 tions as may be necessary to carry out this section.

17 SEC. 3. AMOUNTS TO REMAIN AVAILABLE.

18 Amounts appropriated after August 1, 1993, for car19 rying out this Act shall be from sums otherwise authorized

20 to be appropriated for research and program management

21 for the National Aeronautics and Space Administration,

22 and may remain available until expended.

Passed the House of Representatives August 6,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.