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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3345 Received in Senate (RDS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Workforce Restructuring Act 
of 1994''.

SEC. 2. VOLUNTARY SEPARATION INCENTIVES.

    (a) Definitions.--For the purpose of this section--
            (1) the term ``agency'' means an Executive agency (as 
        defined by section 105 of title 5, United States Code), but 
        does not include the Department of Defense, the Central 
        Intelligence Agency, or the General Accounting Office; and
            (2) the term ``employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) who is employed by 
        an agency, is serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 12 months; such term includes an individual 
        employed by a county committee established under section 8(b) 
        of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 
        590h(b)), but does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States 
                Code, or another retirement system for employees of the 
                Government; or
                    (B) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under the applicable retirement 
                system referred to in subparagraph (A).
    (b) Authority.--
            (1) In general.--In order to avoid or minimize the need for 
        involuntary separations due to a reduction in force, 
        reorganization, transfer of function, or other similar action, 
        and subject to paragraph (2), the head of an agency may pay, or 
        authorize the payment of, voluntary separation incentive 
        payments to agency employees--
                    (A) in any component of the agency;
                    (B) in any occupation;
                    (C) in any geographic location; or
                    (D) on the basis of any combination of factors 
                under subparagraphs (A) through (C).
            (2) Condition.--
                    (A) In general.--In order to receive an incentive 
                payment, an employee must separate from service with 
                the agency (whether by retirement or resignation) 
                before January 1, 1995.
                    (B) Exception.--An employee who does not separate 
                from service before the date specified in subparagraph 
                (A) shall be ineligible for an incentive payment under 
                this section unless--
                            (i) the agency head determines that, in 
                        order to ensure the performance of the agency's 
                        mission, it is necessary to delay such 
                        employee's separation; and
                            (ii) the employee separates after 
                        completing any additional period of service 
                        required (but not later December 31, 1996).
    (c) Amount and Treatment of Payments.--A voluntary separation 
incentive payment--
            (1) shall be paid in a lump sum after the employee's 
        separation;
            (2) shall be equal to the lesser of--
                    (A) an amount equal to the amount the employee 
                would be entitled to receive under section 5595(c) of 
                title 5, United States Code, if the employee were 
                entitled to payment under such section; or
                    (B) $25,000;
            (3) shall not be a basis for payment, and shall not be 
        included in the computation, of any other type of Government 
        benefit;
            (4) shall not be taken into account in determining the 
        amount of any severance pay to which an employee may be 
        entitled under section 5595 of title 5, United States Code, 
        based on any other separation; and
            (5) shall be paid from appropriations or funds available 
        for the payment of the basic pay of the employee.
    (d) Effect of Subsequent Employment With the Government.--
            (1) In general.--An employee who has received a voluntary 
        separation incentive payment under this section and accepts 
        employment with the Government of the United States within 5 
        years after the date of the separation on which the payment is 
        based shall be required to repay the entire amount of the 
        incentive payment to the agency that paid the incentive 
        payment.
            (2) Waiver authority.--
                    (A) Executive agency.--If the employment is with an 
                Executive agency (as defined in section 105 of title 5, 
                United States Code), the Director of the Office of 
                Personnel Management may, at the request of the head of 
                the agency, waive the repayment if the individual 
                involved possesses unique abilities and is the only 
                qualified applicant available for the position.
                    (B) Legislative branch.--If the employment is with 
                an entity in the legislative branch, the head of the 
                entity or the appointing official may waive the 
                repayment if the individual involved possesses unique 
                abilities and is the only qualified applicant available 
                for the position.
                    (C) Judicial branch.--If the employment is with the 
                judicial branch, the Director of the Administrative 
                Office of the United States Courts may waive the 
                repayment if the individual involved possesses unique 
                abilities and is the only qualified applicant available 
                for the position.
            (3) Definition.--For purposes of paragraph (1) (but not 
        paragraph (2)), the term ``employment'' includes employment 
        under a personal services contract with the United States.
    (e) Regulations.--The Director of the Office of Personnel 
Management may prescribe any regulations necessary for the 
administration of subsections (a) through (d).
    (f) Employees of the Judicial Branch.--The Director of the 
Administrative Office of the United States Courts may, by regulation, 
establish a program consistent with the program established by 
subsections (a) through (d) for individuals serving in the judicial 
branch.

SEC. 3. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND.

    (a) In General.--In addition to any other payments which it is 
required to make under subchapter III of chapter 83 of title 5, United 
States Code, an agency shall remit to the Office of Personnel 
Management for deposit in the Treasury of the United States to the 
credit of the Civil Service Retirement and Disability Fund an amount 
equal to 9 percent of the final basic pay of each employee of the 
agency--
            (1) who retires under section 8336(d)(2) of such title; and
            (2) to whom a voluntary separation incentive payment under 
        section 2 (including under any program established under 
        section 2(f)) has been paid by such agency based on that 
        retirement.
    (b) Definition.--For the purpose of this section, the term ``final 
basic pay'', with respect to an employee, means the total amount of 
basic pay which would be payable for a year of service by such 
employee, computed using the employee's final rate of basic pay, and, 
if last serving on other than a full-time basis, with appropriate 
adjustment therefor.
    (c) Regulations.--The Director of the Office of Personnel 
Management may prescribe any regulations necessary to carry out this 
section.

SEC. 4. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.

    (a) Definition.--For purposes of this section, the term ``agency'' 
means an Executive agency as defined under section 105 of title 5, 
United States Code, but does not include the General Accounting Office.
    (b) Limitations on Full-Time Equivalent Positions.--The President, 
through the Office of Management and Budget (in consultation with the 
Office of Personnel Management), shall ensure that the total number of 
full-time equivalent positions in all agencies shall not exceed--
            (1) 2,084,600 during fiscal year 1994;
            (2) 2,043,300 during fiscal year 1995;
            (3) 2,003,300 during fiscal year 1996;
            (4) 1,963,300 during fiscal year 1997;
            (5) 1,922,300 during fiscal year 1998; and
            (6) 1,882,300 during fiscal year 1999.
    (c) Monitoring and Notification.--The Office of Management and 
Budget, after consultation with the Office of Personnel Management, 
shall--
            (1) continuously monitor all agencies and make a 
        determination on the first date of each quarter of each 
        applicable fiscal year of whether the requirements under 
        subsection (b) are met; and
            (2) notify the President and the Congress on the first date 
        of each quarter of each applicable fiscal year of any 
        determination that any requirement of subsection (b) is not 
        met.
    (d) Compliance.--If at any time during a fiscal year, the Office of 
Management and Budget notifies the President and the Congress that any 
requirement under subsection (b) is not met, no agency may hire any 
employee for any position in such agency until the Office of Management 
and Budget notifies the President and the Congress that the total 
number of full-time equivalent positions for all agencies equals or is 
less than the applicable number required under subsection (b).
    (e) Waiver.--
            (1) Emergencies.--Any provision of this section may be 
        waived upon a determination by the President that--
                    (A) the existence of a state of war or other 
                national security concern so requires; or
                    (B) the existence of an extraordinary emergency 
                threatening life, health, safety, property, or the 
                environment so requires.
            (2) Agency efficiency or critical mission.--
                    (A) Subsection (d) may be waived, in the case of a 
                particular position or category of positions in an 
                agency, upon a determination of the President that the 
                efficiency of the agency or the performance of a 
                critical agency mission so requires.
                    (B) Whenever the President grants a waiver pursuant 
                to subparagraph (A), the President shall take all 
                necessary actions to ensure that the overall 
                limitations set forth in subsection (b) are not 
                exceeded.
    (f) Employment Backfill Prevention.--
            (1) In general.--The total number of funded employee 
        positions in all agencies (excluding the Department of Defense 
        and the Central Intelligence Agency) shall be reduced by one 
        position for each vacancy created by the separation of any 
        employee who has received, or is due to receive, a voluntary 
        separation incentive payment under section 2 (a)-(e). For 
        purposes of this subsection, positions and vacancies shall be 
        counted on a full-time-equivalent basis.
            (2) Related restriction.--No funds budgeted for and 
        appropriated by any Act for salaries or expenses of positions 
        eliminated under this subsection may be used for any purpose 
        other than authorized separation costs.

            Passed the House of Representatives February 10, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
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