I

103D CONGRESS

1ST SESSION H. R. 3345

To amend title 5, United States Code, to eliminate certain restrictions on

employee training; to provide temporary authority to agencies relating

to voluntary separation incentive payments; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 22, 1993

Mr. CLAY (for himself, Mrs. SCHROEDER, Mr. MCCLOSKEY, Mr. ACKERMAN,

Mr. SAWYER, Mr. KANJORSKI, Ms. NORTON, Miss COLLINS of Michigan,

Ms. BYRNE, Mr. WATT, Mr. WYNN, Mr. LAUGHLIN, Mr. BISHOP, Mr.

BROWN of Ohio, Mr. HASTINGS, Mr. YOUNG of Alaska, Mrs. MORELLA,

and Mr. BOEHLERT) introduced the following bill; which was referred to

the Committee on Post Office and Civil Service

A BILL

To amend title 5, United States Code, to eliminate certain

restrictions on employee training; to provide temporary

authority to agencies relating to voluntary separation

incentive payments; 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 ‘‘Federal Workforce Re5 structuring Act of 1993’’.
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1 SEC. 2. TRAINING.

2 (a) IN GENERAL.—Chapter 41 of title 5, United

3 States Code, is amended—

4 (1) in section 4101(4) by striking ‘‘fields’’ and

5 all that follows through the semicolon and inserting

6 ‘‘fields which will improve individual and organiza7 tional performance and assist in achieving the agen8 cy’s mission and performance goals;’’;

9 (2) in section 4103—

10 (A) in subsection (a)—

11 (i) by striking ‘‘In’’ and all that fol12 lows through ‘‘maintain’’ and inserting ‘‘In

13 order to assist in achieving an agency’s

14 mission and performance goals by improv15 ing employee and organizational perform16 ance, the head of each agency, in conform17 ity with this chapter, shall establish, oper18 ate, maintain, and evaluate’’;

19 (ii) by striking ‘‘and’’ at the end of

20 paragraph (2);

21 (iii) by redesignating paragraph (3) as

22 paragraph (4); and

23 (iv) by inserting after paragraph (2)

24 the following:

25 ‘‘(3) provide that information concerning the

26 selection and assignment of employees for training
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1 and the applicable training limitations and restric2 tions be made available to employees of the agency;

3 and’’; and

4 (B) in subsection (b)—

5 (i) in paragraph (1) by striking ‘‘de6 termines’’ and all that follows through the

7 period and inserting ‘‘determines that such

8 training would be in the interests of the

9 Government.’’; and

10 (ii) by striking paragraph (2) and re11 designating paragraph (3) as paragraph

12 (2);

13 (3) in section 4105—

14 (A) in subsection (a) by striking ‘‘(a)’’;

15 and

16 (B) by striking subsections (b) and (c);

17 (4) by repealing section 4106;

18 (5) in section 4107—

19 (A) by amending the catchline to read as

20 follows:

21 ‘‘§ 4107. Restriction on degree training’’;

22 (B) by striking subsections (a) and (b) and

23 redesignating subsections (c) and (d) as sub24 sections (a) and (b), respectively;
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1 (C) by amending subsection (a) (as so re2 designated)—

3 (i) by striking ‘‘subsection (d)’’ and

4 inserting ‘‘subsection (b)’’; and

5 (ii) by striking ‘‘by, in, or through a

6 non-Government facility’’; and

7 (D) by amending paragraph (1) of sub8 section (b) (as so redesignated) by striking

9 ‘‘subsection (c)’’ and inserting ‘‘subsection (a)’’;

10 (6) in section 4108(a) by striking ‘‘by, in, or

11 through a non-Government facility under this chap12 ter’’ and inserting ‘‘for more than a minimum period

13 prescribed by the head of the agency’’;

14 (7) in section 4113(b)—

15 (A) in the first sentence by striking ‘‘annu16 ally to the Office,’’ and inserting ‘‘to the Office,

17 at least once every 3 years, and’’; and

18 (B) by striking the matter following the

19 first sentence and inserting the following: ‘‘The

20 report shall set forth—

21 ‘‘(1) information needed to determine that

22 training is being provided in a manner which is in

23 compliance with applicable laws intended to protect

24 or promote equal employment opportunity; and
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1 ‘‘(2) information concerning the expenditures of

2 the agency in connection with training and such

3 other information as the Office considers appro4 priate.’’;

5 (8) by repealing section 4114; and

6 (9) in section 4118—

7 (A) in subsection (a)(7) by striking ‘‘by,

8 in, and through non-Government facilities’’;

9 (B) by striking subsection (b); and

10 (C) by redesignating subsections (c) and

11 (d) as subsections (b) and (c), respectively.

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

13 Title 5, United States Code, is amended—

14 (1) in section 3381(e) by striking ‘‘4105(a),’’

15 and inserting ‘‘4105,’’; and

16 (2) in the analysis for chapter 41—

17 (A) by repealing the items relating to sec18 tions 4106 and 4114; and

19 (B) by amending the item relating to sec20 tion 4107 to read as follows:

‘‘4107. Restriction on degree training.’’.

21 (c) EFFECTIVE DATE.—The amendments made by

22 this section shall become effective on the date of enact23 ment of this Act.

24 SEC. 3. VOLUNTARY SEPARATION INCENTIVES.

25 (a) DEFINITIONS.—For the purpose of this section—
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1 (1) the term ‘‘agency’’ means an Executive

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

3 States Code), but does not include the Department

4 of Defense, the Central Intelligence Agency, or the

5 General Accounting Office; and

6 (2) the term ‘‘employee’’ means an employee

7 (as defined by section 2105 of title 5, United States

8 Code) who is employed by an agency, is serving

9 under an appointment without time limitation, and

10 has been currently employed for a continuous period

11 of at least 12 months; such term includes an individ12 ual employed by a county committee established

13 under section 8(b) of the Soil Conservation and Do14 mestic Allotment Act (16 U.S.C. 590h(b)), but does

15 not include—

16 (A) a reemployed annuitant under sub17 chapter III of chapter 83 or chapter 84 of title

18 5, United States Code, or another retirement

19 system for employees of the Government; or

20 (B) an employee having a disability on the

21 basis of which such employee is or would be eli22 gible for disability retirement under the applica23 ble retirement system referred to in subpara24 graph (A).

25 (b) AUTHORITY.—
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1 (1) IN GENERAL.—In order to avoid or mini2 mize the need for involuntary separations due to a

3 reduction in force, reorganization, transfer of func4 tion, or other similar action, and subject to para5 graphs (2) and (3), the head of an agency may pay,

6 or authorize the payment of, voluntary separation

7 incentive payments to agency employees—

8 (A) in any component of the agency;

9 (B) in any occupation;

10 (C) in any geographic location; or

11 (D) on the basis of any combination of fac12 tors under subparagraphs (A) through (C).

13 (2) REQUIREMENTS APPLICABLE TO EMPLOY14 EES.—

15 (A) IN GENERAL.—In order to receive an

16 incentive payment, an employee must agree,

17 during the applicable period under subpara18 graph (B), to separate from service with the

19 agency (whether by retirement or resignation)

20 before such period ends.

21 (B) DESIGNATION OF PERIOD.—The appli22 cable period, for purposes of any agency compo23 nent, occupation, geographic location, or com24 bination thereof—
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1 (i) shall be a continuous 90-day pe2 riod;

3 (ii) shall be designated by the head of

4 the agency involved; and

5 (iii) shall end not later than Decem6 ber 31, 1994.

7 (C) EXCEPTION.—An employee who does

8 not separate from service before the end of the

9 applicable period under subparagraph (B) shall

10 be ineligible for an incentive payment under

11 this section unless—

12 (i) the agency head determines that,

13 in order to ensure the performance of the

14 agency’s mission, it is necessary to delay

15 such employee’s separation; and

16 (ii) the employee completes any addi17 tional period of service agreed to (ending

18 not later than 2 years after the last day of

19 the period otherwise applicable under sub20 paragraph (B)).

21 (3) REQUIREMENTS APPLICABLE TO AGEN22 CIES.—Before offering any voluntary separation in23 centive payments to employees within any agency

24 component, occupation, geographic location, or com25 bination thereof, the head of the agency involved
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1 shall make available to all employees of such agency,

2 and to the exclusive representative of any such em3 ployees, a written plan which—

4 (A) shall specify which agency components,

5 occupations, geographic locations, or combina6 tions thereof have been identified for incentives,

7 and the percentage of employees within each

8 who are supervisors or managers;

9 (B) shall indicate the beginning and end10 ing dates of any periods under paragraph

11 (2)(B), and the agency components, occupa12 tions, geographic locations, or combinations

13 thereof to which they apply;

14 (C) shall state whether any additional per15 sonnel reductions are anticipated after any ex16 ercise of authority under this section and, if so,

17 what types of retraining, placement, or other

18 similar measures will be provided in order to

19 avoid involuntary separations; and

20 (D) shall include any other information

21 which may be necessary in order to permit em22 ployees who are eligible for voluntary separation

23 incentive payments to make an informed deci24 sion.
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1 (c) AMOUNT AND TREATMENT OF PAYMENTS.—A

2 voluntary separation incentive payment—

3 (1) shall be paid in a lump sum after the em4 ployee’s separation;

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

6 (A) an amount equal to the amount the

7 employee would be entitled to receive under sec8 tion 5595(c) of title 5, United States Code, if

9 the employee were entitled to payment under

10 such section; or

11 (B) $25,000;

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

13 not be included in the computation, of any other

14 type of Government benefit;

15 (4) shall not be taken into account in determin16 ing the amount of any severance pay to which an

17 employee may be entitled under section 5595 of title

18 5, United States Code, based on any other separa19 tion; and

20 (5) shall be paid from appropriations or funds

21 available for the payment of the basic pay of the em22 ployee.

23 (d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

24 THE GOVERNMENT.—
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1 (1) IN GENERAL.—An employee who has re2 ceived a voluntary separation incentive payment

3 under this section and accepts employment with the

4 Government of the United States within 2 years

5 after the date of the separation on which the pay6 ment is based shall be required to repay the entire

7 amount of the incentive payment to the agency that

8 paid the incentive payment.

9 (2) WAIVER AUTHORITY.—

10 (A) EXECUTIVE AGENCY.—If the employ11 ment is with an Executive agency (as defined in

12 section 105 of title 5, United States Code), the

13 Director of the Office of Personnel Management

14 may, at the request of the head of the agency,

15 waive the repayment if the employment is in a

16 position for which there is exceptional difficulty

17 in recruiting a qualified employee.

18 (B) LEGISLATIVE BRANCH.—If the em19 ployment is with an entity in the legislative

20 branch, the head of the entity or the appointing

21 official may waive the repayment if the employ22 ment is in a position for which there is excep23 tional difficulty in recruiting a qualified em24 ployee.
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1 (C) JUDICIAL BRANCH.—If the employ2 ment is with the judicial branch, the Director of

3 the Administrative Office of the United States

4 Courts may waive the repayment if the employ5 ment is in a position for which there is excep6 tional difficulty in recruiting a qualified em7 ployee.

8 (e) REGULATIONS.—The Director of the Office of

9 Personnel Management may prescribe any regulations

10 necessary for the administration of subsections (a)

11 through (d).

12 (f) EMPLOYEES OF THE JUDICIAL BRANCH.—The

13 Director of the Administrative Office of the United States

14 Courts may, by regulation, establish a program consistent

15 with the program established by subsections (a) through

16 (d) for individuals serving in the judicial branch.

17 SEC. 4. COORDINATION WITH OTHER PROVISIONS OF LAW.

18 (a) DEFENSE AGENCIES.—Section 5597 of title 5,

19 United States Code, is amended by adding at the end the

20 following:

21 ‘‘(g)(1) An employee who receives separation pay

22 under this section on the basis of a separation occurring

23 on or after the date of enactment of the Federal

24 Workforce Restructuring Act of 1993, and accepts em25 ployment with the Government of the United States within
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1 2 years after the date of the separation on which payment

2 of the separation pay is based shall be required to repay

3 the entire amount of the separation pay to the defense

4 agency that paid the separation pay.

5 ‘‘(2)(A) If the employment is with an Executive agen6 cy, the Director of the Office of Personnel Management

7 may, at the request of the head of the agency, waive the

8 repayment if the employment is in a position for which

9 there is exceptional difficulty in recruiting a qualified em10 ployee.

11 ‘‘(B) If the employment is with an entity in the legis12 lative branch, the head of the entity or the appointing offi13 cial may waive the repayment if the employment is in a

14 position for which there is exceptional difficulty in recruit15 ing a qualified employee.

16 ‘‘(C) If the employment is with the judicial branch,

17 the Director of the Administrative Office of the United

18 States Courts may waive the repayment if the employment

19 is in a position for which there is exceptional difficulty

20 in recruiting a qualified employee.’’.

21 (b) CENTRAL INTELLIGENCE AGENCY.—Section 2(b)

22 of the Central Intelligence Agency Voluntary Separation

23 Pay Act (Public Law 103–36; 107 Stat. 104) is amended

24 by adding at the end the following: ‘‘An employee who re25 ceives separation pay under this section on the basis of
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1 a separation occurring on or after the date of enactment

2 of the Federal Workforce Restructuring Act of 1993 and

3 accepts employment with the Government of the United

4 States within 2 years after the date of the separation on

5 which payment of the separation pay is based shall be re6 quired to repay the entire amount of the separation pay

7 to the Central Intelligence Agency. If the employment is

8 with an Executive agency (as defined in section 105 of

9 title 5, United States Code), the Director of the Office

10 of Personnel Management may, at the request of the head

11 of the agency, waive the repayment if the employment is

12 in a position for which there is exceptional difficulty in

13 recruiting a qualified employee. If the employment is with

14 an entity in the legislative branch, the head of the entity

15 or the appointing official may waive the repayment if the

16 employment is in a position for which there is exceptional

17 difficulty in recruiting a qualified employee. If the employ18 ment is with the judicial branch, the Director of the Ad19 ministrative Office of the United States Courts may waive

20 the repayment if the employment is in a position for which

21 there is exceptional difficulty in recruiting a qualified em22 ployee.’’.
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1 SEC. 5. ADDITIONAL AGENCY CONTRIBUTIONS TO THE

2 RETIREMENT FUND.

3 (a) IN GENERAL.—Section 8334 of title 5, United

4 States Code, is amended by adding at the end the follow5 ing new subsection:

6 ‘‘(m)(1) In addition to any other payments required

7 by this subchapter, an agency shall remit to the Office

8 for deposit in the Treasury of the United States to the

9 credit of the Fund an amount equal to 9 percent of the

10 final basic pay of each employee of the agency who retires

11 under section 8336(d).

12 ‘‘(2) For the purpose of this subsection, the term

13 ‘final basic pay’, with respect to an employee, means the

14 total amount of basic pay which would be payable for a

15 year of service by such employee, computed using the em16 ployee’s final rate of basic pay, and, if last serving on

17 other than a full-time basis, with appropriate adjustment

18 therefor.’’.

19 (b) APPLICABILITY.—The amendment made by this

20 section shall apply with respect to retirements occurring

21 on or after the date of enactment of this Act.

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