II

103D CONGRESS

2D SESSION H. R. 3345

IN THE SENATE OF THE UNITED STATES

FEBRUARY 11 (legislative day, JANUARY 25), 1994

Received

AN ACT

To provide temporary authority to Government 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 1994’’.

6 SEC. 2. VOLUNTARY SEPARATION INCENTIVES.

7 (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 graph (2), the head of an agency may pay, or au6 thorize the payment of, voluntary separation incen7 tive 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) CONDITION.—

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

15 incentive payment, an employee must separate

16 from service with the agency (whether by retire17 ment or resignation) before January 1, 1995.

18 (B) EXCEPTION.—An employee who does

19 not separate from service before the date speci20 fied in subparagraph (A) shall be ineligible for

21 an incentive payment under this section un22 less—

23 (i) the agency head determines that,

24 in order to ensure the performance of the
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1 agency’s mission, it is necessary to delay

2 such employee’s separation; and

3 (ii) the employee separates after com4 pleting any additional period of service re5 quired (but not later December 31, 1996).

6 (c) AMOUNT AND TREATMENT OF PAYMENTS.—A

7 voluntary separation incentive payment—

8 (1) shall be paid in a lump sum after the em9 ployee’s separation;

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

11 (A) an amount equal to the amount the

12 employee would be entitled to receive under sec13 tion 5595(c) of title 5, United States Code, if

14 the employee were entitled to payment under

15 such section; or

16 (B) $25,000;

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

18 not be included in the computation, of any other

19 type of Government benefit;

20 (4) shall not be taken into account in determin21 ing the amount of any severance pay to which an

22 employee may be entitled under section 5595 of title

23 5, United States Code, based on any other separa24 tion; and
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1 (5) shall be paid from appropriations or funds

2 available for the payment of the basic pay of the em3 ployee.

4 (d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

5 THE GOVERNMENT.—

6 (1) IN GENERAL.—An employee who has re7 ceived a voluntary separation incentive payment

8 under this section and accepts employment with the

9 Government of the United States within 5 years

10 after the date of the separation on which the pay11 ment is based shall be required to repay the entire

12 amount of the incentive payment to the agency that

13 paid the incentive payment.

14 (2) WAIVER AUTHORITY.—

15 (A) EXECUTIVE AGENCY.—If the employ16 ment is with an Executive agency (as defined in

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

18 Director of the Office of Personnel Management

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

20 waive the repayment if the individual involved

21 possesses unique abilities and is the only quali22 fied applicant available for the position.

23 (B) LEGISLATIVE BRANCH.—If the em24 ployment is with an entity in the legislative

25 branch, the head of the entity or the appointing
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1 official may waive the repayment if the individ2 ual involved possesses unique abilities and is

3 the only qualified applicant available for the po4 sition.

5 (C) JUDICIAL BRANCH.—If the employ6 ment is with the judicial branch, the Director of

7 the Administrative Office of the United States

8 Courts may waive the repayment if the individ9 ual involved possesses unique abilities and is

10 the only qualified applicant available for the po11 sition.

12 (3) DEFINITION.—For purposes of paragraph

13 (1) (but not paragraph (2)), the term ‘‘employment’’

14 includes employment under a personal services con15 tract with the United States.

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

17 Personnel Management may prescribe any regulations

18 necessary for the administration of subsections (a)

19 through (d).

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

21 Director of the Administrative Office of the United States

22 Courts may, by regulation, establish a program consistent

23 with the program established by subsections (a) through

24 (d) for individuals serving in the judicial branch.
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1 SEC. 3. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE2 TIREMENT FUND.

3 (a) IN GENERAL.—In addition to any other payments

4 which it is required to make under subchapter III of chap5 ter 83 of title 5, United States Code, an agency shall remit

6 to the Office of Personnel Management for deposit in the

7 Treasury of the United States to the credit of the Civil

8 Service Retirement and Disability Fund an amount equal

9 to 9 percent of the final basic pay of each employee of

10 the agency—

11 (1) who retires under section 8336(d)(2) of

12 such title; and

13 (2) to whom a voluntary separation incentive

14 payment under section 2 (including under any pro15 gram established under section 2(f)) has been paid

16 by such agency based on that retirement.

17 (b) DEFINITION.—For the purpose of this section,

18 the term ‘‘final basic pay’’, with respect to an employee,

19 means the total amount of basic pay which would be pay20 able for a year of service by such employee, computed

21 using the employee’s final rate of basic pay, and, if last

22 serving on other than a full-time basis, with appropriate

23 adjustment therefor.

24 (c) REGULATIONS.—The Director of the Office of

25 Personnel Management may prescribe any regulations

26 necessary to carry out this section.
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1 SEC. 4. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT

2 POSITIONS.

3 (a) DEFINITION.—For purposes of this section, the

4 term ‘‘agency’’ means an Executive agency as defined

5 under section 105 of title 5, United States Code, but does

6 not include the General Accounting Office.

7 (b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI8 TIONS.—The President, through the Office of Manage9 ment and Budget (in consultation with the Office of Per10 sonnel Management), shall ensure that the total number

11 of full-time equivalent positions in all agencies shall not

12 exceed—

13 (1) 2,084,600 during fiscal year 1994;

14 (2) 2,043,300 during fiscal year 1995;

15 (3) 2,003,300 during fiscal year 1996;

16 (4) 1,963,300 during fiscal year 1997;

17 (5) 1,922,300 during fiscal year 1998; and

18 (6) 1,882,300 during fiscal year 1999.

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

20 Management and Budget, after consultation with the Of21 fice of Personnel Management, shall—

22 (1) continuously monitor all agencies and make

23 a determination on the first date of each quarter of

24 each applicable fiscal year of whether the require25 ments under subsection (b) are met; and
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1 (2) notify the President and the Congress on

2 the first date of each quarter of each applicable fis3 cal year of any determination that any requirement

4 of subsection (b) is not met.

5 (d) COMPLIANCE.—If at any time during a fiscal

6 year, the Office of Management and Budget notifies the

7 President and the Congress that any requirement under

8 subsection (b) is not met, no agency may hire any em9 ployee for any position in such agency until the Office of

10 Management and Budget notifies the President and the

11 Congress that the total number of full-time equivalent po12 sitions for all agencies equals or is less than the applicable

13 number required under subsection (b).

14 (e) WAIVER.—

15 (1) EMERGENCIES.—Any provision of this sec16 tion may be waived upon a determination by the

17 President that—

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

19 national security concern so requires; or

20 (B) the existence of an extraordinary

21 emergency threatening life, health, safety, prop22 erty, or the environment so requires.

23 (2) AGENCY EFFICIENCY OR CRITICAL MIS24 SION.—
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1 (A) Subsection (d) may be waived, in the

2 case of a particular position or category of posi3 tions in an agency, upon a determination of the

4 President that the efficiency of the agency or

5 the performance of a critical agency mission so

6 requires.

7 (B) Whenever the President grants a waiv8 er pursuant to subparagraph (A), the President

9 shall take all necessary actions to ensure that

10 the overall limitations set forth in subsection

11 (b) are not exceeded.

12 (f) EMPLOYMENT BACKFILL PREVENTION.—

13 (1) IN GENERAL.—The total number of funded

14 employee positions in all agencies (excluding the De15 partment of Defense and the Central Intelligence

16 Agency) shall be reduced by one position for each

17 vacancy created by the separation of any employee

18 who has received, or is due to receive, a voluntary

19 separation incentive payment under section 2 (a)–

20 (e). For purposes of this subsection, positions and

21 vacancies shall be counted on a full-time-equivalent

22 basis.

23 (2) RELATED RESTRICTION.—No funds budg24 eted for and appropriated by any Act for salaries or

25 expenses of positions eliminated under this sub-
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1 section may be used for any purpose other than au2 thorized separation costs.

Passed the House of Representatives February 10,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.