Union Calendar No. 211

103D CONGRESS

1ST SESSION H. R. 3345

[Report No. 103–386]

A BILL

To amend title 5, United States Code, to eliminate

other purposes.voluntary separation incentive payments; and forvide temporary authority to agencies relating tocertain restrictions on employee training; to proNOVEMBER 19, 1993

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 211

103D CONGRESS

1ST SESSION H. R. 3345

[Report No. 103–386]

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

NOVEMBER 19, 1993

Additional sponsor: Mrs. UNSOELD

NOVEMBER 19, 1993

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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.
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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

5 Restructuring Act of 1993’’.

6 SEC. 2. TRAINING.

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

8 States Code, is amended—

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

10 all that follows through the semicolon and inserting

11 ‘‘fields which will improve individual and organiza12 tional performance and assist in achieving the

13 agency’s mission and performance goals;’’;

14 (2) in section 4103—

15 (A) in subsection (a)—

16 (i) by striking ‘‘In’’ and all that fol17 lows through ‘‘maintain’’ and inserting ‘‘In

18 order to assist in achieving an agency’s

19 mission and performance goals by improv20 ing employee and organizational perform21 ance, the head of each agency, in conform22 ity with this chapter, shall establish, oper23 ate, maintain, and evaluate’’;

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

25 paragraph (2);
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1 (iii) by redesignating paragraph (3) as

2 paragraph (4); and

3 (iv) by inserting after paragraph (2)

4 the following:

5 ‘‘(3) provide that information concerning the

6 selection and assignment of employees for training

7 and the applicable training limitations and restric8 tions be made available to employees of the agency;

9 and’’; and

10 (B) in subsection (b)—

11 (i) in paragraph (1) by striking ‘‘de12 termines’’ and all that follows through the

13 period and inserting ‘‘determines that such

14 training would be in the interests of the

15 Government.’’; and

16 (ii) by striking paragraph (2) and re17 designating paragraph (3) as paragraph

18 (2);

19 (3) in section 4105—

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

21 and

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

23 (4) by repealing section 4106;

24 (5) in section 4107—
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1 (A) by amending the catchline to read as

2 follows:

3 ‘‘§ 4107. Restriction on degree training’’;

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

5 redesignating subsections (c) and (d) as sub6 sections (a) and (b), respectively;

7 (C) by amending subsection (a) (as so re8 designated)—

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

10 inserting ‘‘subsection (b)’’; and

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

12 non-Government facility’’; and

13 (D) by amending paragraph (1) of sub14 section (b) (as so redesignated) by striking

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

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

17 through a non-Government facility under this chap18 ter’’ and inserting ‘‘for more than a minimum period

19 prescribed by the head of the agency’’;

20 (7) in section 4113(b)—

21 (A) in the first sentence by striking ‘‘annu22 ally to the Office,’’ and inserting ‘‘to the Office,

23 at least once every 3 years, and’’; and
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1 (B) by striking the matter following the

2 first sentence and inserting the following: ‘‘The

3 report shall set forth—

4 ‘‘(1) information needed to determine that

5 training is being provided in a manner which is in

6 compliance with applicable laws intended to protect

7 or promote equal employment opportunity; and

8 ‘‘(2) information concerning the expenditures of

9 the agency in connection with training and such

10 other information as the Office considers appro11 priate.’’;

12 (8) by repealing section 4114; and

13 (9) in section 4118—

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

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

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

17 (C) by redesignating subsections (c) and

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

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

20 Title 5, United States Code, is amended—

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

22 and inserting ‘‘4105,’’; and

23 (2) in the analysis for chapter 41—

24 (A) by repealing the items relating to sec25 tions 4106 and 4114; and
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1 (B) by amending the item relating to sec2 tion 4107 to read as follows:

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

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

4 this section shall become effective on the date of enact5 ment of this Act.

6 SEC. 3. VOLUNTARY SEPARATION INCENTIVES.

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

8 (1) the term ‘‘agency’’ means an Executive

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

10 States Code), but does not include the Department

11 of Defense, the Central Intelligence Agency, or the

12 General Accounting Office; and

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

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

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

16 under an appointment without time limitation, and

17 has been currently employed for a continuous period

18 of at least 12 months; such term includes an individ19 ual employed by a county committee established

20 under section 8(b) of the Soil Conservation and Do21 mestic Allotment Act (16 U.S.C. 590h(b)), but does

22 not include—

23 (A) a reemployed annuitant under sub24 chapter III of chapter 83 or chapter 84 of title
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1 5, United States Code, or another retirement

2 system for employees of the Government; or

3 (B) an employee having a disability on the

4 basis of which such employee is or would be eli5 gible for disability retirement under the applica6 ble retirement system referred to in subpara7 graph (A).

8 (b) AUTHORITY.—

9 (1) IN GENERAL.—In order to avoid or mini10 mize the need for involuntary separations due to a

11 reduction in force, reorganization, transfer of func12 tion, or other similar action, and subject to para13 graphs (2) and (3), the head of an agency may pay,

14 or authorize the payment of, voluntary separation

15 incentive payments to agency employees—

16 (A) in any component of the agency;

17 (B) in any occupation;

18 (C) in any geographic location; or

19 (D) on the basis of any combination of fac20 tors under subparagraphs (A) through (C).

21 (2) REQUIREMENTS APPLICABLE TO EMPLOY22 EES.—

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

24 incentive payment, an employee must agree,

25 during the applicable period under subpara-
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1 graph (B), to separate from service with the

2 agency (whether by retirement or resignation)

3 before such period ends.

4 (B) DESIGNATION OF PERIOD.—The appli5 cable period, for purposes of any agency compo6 nent, occupation, geographic location, or com7 bination thereof—

8 (i) shall be a continuous 90-day pe9 riod;

10 (ii) shall be designated by the head of

11 the agency involved; and

12 (iii) shall end not later than Decem13 ber 31, 1994.

14 (C) EXCEPTION.—An employee who does

15 not separate from service before the end of the

16 applicable period under subparagraph (B) shall

17 be ineligible for an incentive payment under

18 this section unless—

19 (i) the agency head determines that,

20 in order to ensure the performance of the

21 agency’s mission, it is necessary to delay

22 such employee’s separation; and

23 (ii) the employee completes any addi24 tional period of service agreed to (ending

25 not later than 2 years after the last day of
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1 the period otherwise applicable under sub2 paragraph (B)).

3 (3) REQUIREMENTS APPLICABLE TO AGEN4 CIES.—Before offering any voluntary separation in5 centive payments to employees within any agency

6 component, occupation, geographic location, or com7 bination thereof, the head of the agency involved

8 shall make available to all employees of such agency,

9 and to the exclusive representative of any such em10 ployees, a written plan which—

11 (A) shall specify which agency components,

12 occupations, geographic locations, or combina13 tions thereof have been identified for incentives,

14 and the percentage of employees within each

15 who are supervisors or managers;

16 (B) shall indicate the beginning and end17 ing dates of any periods under paragraph

18 (2)(B), and the agency components, occupa19 tions, geographic locations, or combinations

20 thereof to which they apply;

21 (C) shall state whether any additional per22 sonnel reductions are anticipated after any ex23 ercise of authority under this section and, if so,

24 what types of retraining, placement, or other
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1 similar measures will be provided in order to

2 avoid involuntary separations; and

3 (D) shall include any other information

4 which may be necessary in order to permit em5 ployees who are eligible for voluntary separation

6 incentive payments to make an informed deci7 sion.

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

9 voluntary separation incentive payment—

10 (1) shall be paid in a lump sum after the em11 ployee’s separation;

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

13 (A) an amount equal to the amount the

14 employee would be entitled to receive under sec15 tion 5595(c) of title 5, United States Code, if

16 the employee were entitled to payment under

17 such section; or

18 (B) $25,000;

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

20 not be included in the computation, of any other

21 type of Government benefit;

22 (4) shall not be taken into account in determin23 ing the amount of any severance pay to which an

24 employee may be entitled under section 5595 of title
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1 5, United States Code, based on any other separa2 tion; and

3 (5) shall be paid from appropriations or funds

4 available for the payment of the basic pay of the

5 employee.

6 (d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

7 THE GOVERNMENT.—

8 (1) IN GENERAL.—An employee who has re9 ceived a voluntary separation incentive payment

10 under this section and accepts employment with the

11 Government of the United States within 2 years

12 after the date of the separation on which the pay13 ment is based shall be required to repay the entire

14 amount of the incentive payment to the agency that

15 paid the incentive payment.

16 (2) WAIVER AUTHORITY.—

17 (A) EXECUTIVE AGENCY.—If the employ18 ment is with an Executive agency (as defined in

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

20 Director of the Office of Personnel Management

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

22 waive the repayment if the employment is in a

23 position for which there is exceptional difficulty

24 in recruiting a qualified employee.
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1 (B) LEGISLATIVE BRANCH.—If the em2 ployment is with an entity in the legislative

3 branch, the head of the entity or the appointing

4 official 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 (C) JUDICIAL BRANCH.—If the employ9 ment is with the judicial branch, the Director of

10 the Administrative Office of the United States

11 Courts may waive the repayment if the employ12 ment is in a position for which there is excep13 tional difficulty in recruiting a qualified em14 ployee.

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

16 Personnel Management may prescribe any regulations

17 necessary for the administration of subsections (a)

18 through (d).

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

20 Director of the Administrative Office of the United States

21 Courts may, by regulation, establish a program consistent

22 with the program established by subsections (a) through

23 (d) for individuals serving in the judicial branch.
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1 SEC. 4. COORDINATION WITH OTHER PROVISIONS OF LAW.

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

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

4 following:

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

6 under this section on the basis of a separation occurring

7 on or after the date of enactment of the Federal

8 Workforce Restructuring Act of 1993, and accepts em9 ployment with the Government of the United States within

10 2 years after the date of the separation on which payment

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

12 the entire amount of the separation pay to the defense

13 agency that paid the separation pay.

14 ‘‘(2)(A) If the employment is with an Executive agen15 cy, the Director of the Office of Personnel Management

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

17 repayment if the employment is in a position for which

18 there is exceptional difficulty in recruiting a qualified em19 ployee.

20 ‘‘(B) If the employment is with an entity in the legis21 lative branch, the head of the entity or the appointing offi22 cial may waive the repayment if the employment is in a

23 position for which there is exceptional difficulty in recruit24 ing a qualified employee.

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

26 the Director of the Administrative Office of the United
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1 States Courts may waive the repayment if the employment

2 is in a position for which there is exceptional difficulty

3 in recruiting a qualified employee.’’.

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

5 of the Central Intelligence Agency Voluntary Separation

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

7 by adding at the end the following: ‘‘An employee who re8 ceives separation pay under this section on the basis of

9 a separation occurring on or after the date of enactment

10 of the Federal Workforce Restructuring Act of 1993 and

11 accepts employment with the Government of the United

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

13 which payment of the separation pay is based shall be re14 quired to repay the entire amount of the separation pay

15 to the Central Intelligence Agency. If the employment is

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

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

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

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

20 in a position for which there is exceptional difficulty in

21 recruiting a qualified employee. If the employment is with

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

23 or the appointing official may waive the repayment if the

24 employment is in a position for which there is exceptional

25 difficulty in recruiting a qualified employee. If the employ-
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1 ment is with the judicial branch, the Director of the Ad2 ministrative Office of the United States Courts may waive

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

4 there is exceptional difficulty in recruiting a qualified em5 ployee.’’.

6 SEC. 5. ADDITIONAL AGENCY CONTRIBUTIONS TO THE

7 RETIREMENT FUND.

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

9 States Code, is amended by adding at the end the follow10 ing new subsection:

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

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

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

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

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

16 under section 8336(d).

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

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

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

20 year of service by such employee, computed using the em21 ployee’s final rate of basic pay, and, if last serving on

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

23 therefor.’’.
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1 (b) APPLICABILITY.—The amendment made by this

2 section shall apply with respect to retirements occurring

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