II

103D CONGRESS

1ST SESSION S. 1535

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

employee training, to provide a temporary voluntary separation incentive,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 7 (legislative day, SEPTEMBER 27), 1993

Mr. GLENN (for himself, Mr. STEVENS, and Mr. PRYOR) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

A BILL

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

restrictions on employee training, to provide a temporary

voluntary separation incentive, 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’’.

6 SEC. 2. EMPLOYEE TRAINING.

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

8 States Code, is amended—
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1 (1) in section 4101(4) by striking out ‘‘fields’’

2 and all that follows through the semicolon and in3 serting in lieu thereof ‘‘fields which will improve in4 dividual and organizational performance and assist

5 in achieving the agency’s mission and performance

6 goals;’’;

7 (2) in section 4103—

8 (A) in subsection (a) by striking out ‘‘In’’

9 and all that follows through ‘‘proficiency’’ and

10 inserting in lieu thereof ‘‘In order to assist in

11 achieving an agency’s mission and performance

12 goals by improving employee and organizational

13 performance’’; and

14 (B) in subsection (b)—

15 (i) in paragraph (1) by striking out

16 ‘‘determines’’ and all that follows through

17 the period and inserting in lieu thereof

18 ‘‘determines that such training would be in

19 the interests of the Government.’’;

20 (ii) by striking out paragraph (2) and

21 redesignating paragraph (3) as paragraph

22 (2); and

23 (iii) in subparagraph (C) of paragraph

24 (2) (as redesignated under clause (ii) of

25 this subparagraph) by striking out ‘‘retain-
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1 ing’’ and all that follows through the pe2 riod and inserting in lieu thereof ‘‘such

3 training.’’;

4 (3) in section 4105—

5 (A) in subsection (a) by striking out ‘‘(a)’’;

6 and

7 (B) by striking out subsections (b) and (c);

8 (4) by repealing section 4106;

9 (5) in section 4107—

10 (A) by amending the section heading to

11 read as follows:

12 ‘‘§ 4107. Restriction on degree training’’;

13 (B) by striking out subsections (a) and (b)

14 and redesignating subsections (c) and (d) as

15 subsections (a) and (b), respectively;

16 (C) by amending subsection (a) (as redes17 ignated under subparagraph (B) of this para18 graph)—

19 (i) by striking out ‘‘subsection (d)’’

20 and inserting in lieu thereof ‘‘subsection

21 (b)’’; and

22 (ii) by striking out ‘‘by, in, or through

23 a non-Government facility’’; and

24 (D) by amending paragraph (1) of sub25 section (b) (as redesignated under subpara-
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1 graph (B) of this paragraph) by striking out

2 ‘‘subsection (c)’’ and inserting in lieu thereof

3 ‘‘subsection (a)’’;

4 (6) in section 4108(a) by striking out ‘‘by, in,

5 or through a non-Government facility under this

6 chapter’’ and inserting in lieu thereof ‘‘for more

7 than a minimum period prescribed by the head of

8 the agency’’;

9 (7) in section 4113(b) by striking out all that

10 follows the first sentence;

11 (8) by repealing section 4114; and

12 (9) in section 4118—

13 (A) in subsection (a)(7) by striking out

14 ‘‘by, in, and through non-Government facili15 ties’’;

16 (B) by striking out 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 The table of sections for chapter 41 of title 5, United

21 States Code, is amended—

22 (1) by striking out the items relating to sections

23 4106 and 4114; and

24 (2) by amending the item relating to section

25 4107 to read as follows:

‘‘4107. Restriction on degree training.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on the date of enactment of

3 this Act.

4 SEC. 3. VOLUNTARY SEPARATION INCENTIVES.

5 (a) DEFINITIONS.—For purposes of this section, the

6 term—

7 (1) ‘‘agency’’ means an Executive agency, as

8 defined under section 105 of title 5, United States

9 Code, but does not include the Department of De10 fense, the Central Intelligence Agency, or the Gen11 eral Accounting Office; and

12 (2) ‘‘employee’’ means an employee, as defined

13 under section 2105 of title 5, United States Code,

14 of an agency, serving under an appointment without

15 time limitation, who has been currently employed for

16 a continuous period of at least 12 months, including

17 an individual employed by a county committee estab18 lished under section 8(b) of the Soil Conservation

19 and Domestic Allotment Act (16 U.S.C. 590h(b)),

20 but does not include—

21 (A) a reemployed annuitant under sub22 chapter III of chapter 83 or chapter 84 of title

23 5, United States Code, or another retirement

24 system for employees of the Government; or
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1 (B) an employee having a disability on the

2 basis of which such employee is or would be eli3 gible for disability retirement under the applica4 ble retirement system referred to in subpara5 graph (A).

6 (b) AUTHORITY TO MAKE PAYMENT.—(1) In order

7 to assist in the restructuring of the Federal workforce

8 while minimizing involuntary separations, the head of an

9 agency may pay, or authorize the payment of, a voluntary

10 separation incentive payment to employees—

11 (A) in any component of the agency;

12 (B) in any occupation;

13 (C) in any geographic location; or

14 (D) on the basis of any combination of the fac15 tors described under subparagraphs (A) through

16 (C).

17 (2) In order to receive an incentive payment under

18 paragraph (1), an employee shall separate from service

19 with the agency (whether by retirement or resignation)

20 during the 90-day period described under paragraph (3).

21 (3) The head of an agency shall designate a continu22 ous 90-day period for purposes of separation under this

23 subsection for such agency or any component thereof.

24 Such 90-day period shall begin no earlier than the date
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1 of the enactment of this Act and shall end no later than

2 September 30, 1994.

3 (4) Notwithstanding the provisions of paragraphs (2)

4 and (3), an employee may receive an incentive payment

5 under this section and delay a separation from service if—

6 (A) the agency head determines that it is nec7 essary to delay such employee’s separation from

8 service in order to ensure the performance of the

9 agency’s mission; and

10 (B) no later than 2 years after the date of the

11 last day of the 90-day period designated under para12 graph (3), such employee separates from service in

13 the agency.

14 (c) VOLUNTARY SEPARATION INCENTIVE PAY15 MENT.—A voluntary separation incentive payment—

16 (1) shall be paid in a lump sum after the em17 ployee’s separation;

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

19 (A) an amount equal to the amount the

20 employee would be entitled to receive under sec21 tion 5595(c) of title 5, United States Code, if

22 the employee were entitled to payment under

23 such section; or

24 (B) $25,000;
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1 (3) shall not be a basis for payment, and shall

2 not be included in the computation, of any other

3 type of Government benefit;

4 (4) shall not be taken into account in determin5 ing the amount of any severance pay to which an

6 employee may be entitled under section 5595 of title

7 5, United States Code, based on any other separa8 tion; and

9 (5) shall be paid from appropriations or funds

10 available for the payment of the basic pay of the em11 ployee.

12 (d) SUBSEQUENT EMPLOYMENT AND REPAYMENT OF

13 INCENTIVE PAYMENT.—(1) An employee who has received

14 a voluntary separation incentive payment under this sec15 tion and accepts employment with the Government of the

16 United States within 5 years of the date of the separation

17 on which payment of the incentive is based shall be re18 quired to repay the entire amount of the incentive pay19 ment to the agency that paid the incentive payment.

20 (2) If the employment is with an Executive agency

21 (as defined under section 105 of title 5, United States

22 Code), the Director of the Office of Personnel Manage23 ment may, at the request of the head of the agency, waive

24 the repayment if the employment is in a position for which
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1 there is exceptional difficulty in recruiting a qualified em2 ployee.

3 (3) If the employment is with an entity in the legisla4 tive branch, the head of the entity or the appointing offi5 cial may waive the repayment if the employment is in a

6 position for which there is exceptional difficulty in recruit7 ing a qualified employee.

8 (4) If the employment is with the judicial branch, the

9 Director of the Administrative Office of the United States

10 Courts may waive the repayment if the employment is in

11 a position for which there is exceptional difficulty in re12 cruiting a qualified employee.

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

14 Personnel Management may prescribe any regulations

15 necessary for the administration of this section.

16 (f) JUDICIAL BRANCH PROGRAM.—The Director of

17 the Administrative Office of the United States Courts

18 may, by regulation, establish a program consistent with

19 the program established by subsections (a) through (d) of

20 this section for employees of the judicial branch.

21 (g) REDUCTION GOALS.—It is the sense of Congress

22 that—

23 (1) employment in the executive branch should

24 be reduced by not less than one full-time equivalent
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1 position for each 2 employees who are paid voluntary

2 separation incentives under this Act; and

3 (2) each agency should adjust its employment

4 levels to achieve such result.

5 SEC. 4. SUBSEQUENT EMPLOYMENT AND REPAYMENT OF

6 SEPARATION PAYMENT.

7 (a) DEFENSE AGENCY SEPARATION PAY.—Section

8 5597 of title 5, United States Code, is amended by adding

9 at the end thereof the following new subsection:

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

11 under this section on the basis of a separation occurring

12 on or after the date of enactment of the Federal

13 Workforce Restructuring Act of 1993 and accepts employ14 ment with the Government of the United States within

15 2 years of the date of the separation on which payment

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

17 the entire amount of the separation pay to the defense

18 agency that paid the separation pay.

19 ‘‘(2) If the employment is with an Executive agency

20 (as defined under section 105 of title 5, United States

21 Code), the Director of the Office of Personnel Manage22 ment may, at the request of the head of the agency, waive

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

24 there is exceptional difficulty in recruiting a qualified em25 ployee.
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1 ‘‘(3) If the employment is with an entity in the legis2 lative branch, the head of the entity or the appointing offi3 cial may waive the repayment if the employment is in a

4 position for which there is exceptional difficulty in recruit5 ing a qualified employee.

6 ‘‘(4) If the employment is with the judicial branch,

7 the Director of the Administrative Office of the United

8 States Courts may waive the repayment if the employment

9 is in a position for which there is exceptional difficulty

10 in recruiting a qualified employee.’’.

11 (b) CENTRAL INTELLIGENCE AGENCY SEPARATION

12 PAYMENT.—Section 2(b) of the Central Intelligence Agen13 cy Voluntary Separation Pay Act (Public Law 103–36;

14 107 Stat. 104) is amended by adding at the end thereof

15 the following: ‘‘An employee who receives separation pay

16 under this section on the basis of a separation occurring

17 on or after the date of the enactment of the Federal

18 Workforce Restructuring Act of 1993 and accepts employ19 ment with the Government of the United States within

20 2 years of the date of the separation on which payment

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

22 the entire amount of the separation pay to the Central

23 Intelligence Agency. If the employment is with an Execu24 tive agency (as defined under section 105 of title 5, United

25 States Code), the Director of the Office of Personnel Man-
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1 agement may, at the request of the head of the agency,

2 waive the repayment if the employment is in a position

3 for which there is exceptional difficulty in recruiting a

4 qualified employee. If the employment is with an entity

5 in the legislative branch, the head of the entity or the ap6 pointing official may waive the repayment if the employ7 ment is in a position for which there is exceptional dif8 ficulty in recruiting a qualified employee. If the employ9 ment is with the judicial branch, the Director of the Ad10 ministrative Office of the United States Courts may waive

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

12 there is exceptional difficulty in recruiting a qualified em13 ployee.’’.

14 SEC. 5. FUNDING OF EARLY RETIREMENTS IN CIVIL SERV15 ICE RETIREMENT SYSTEM.

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

17 States Code, is amended by adding at the end thereof the

18 following new subsection:

19 ‘‘(l) In addition to any other payments required by

20 this subchapter, an agency shall remit to the Office for

21 deposit in the Treasury of the United States to the credit

22 of the Fund an amount equal to 9 percent of the final

23 rate of basic pay of each employee of the agency who re24 tires under section 8336(d).’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 this section shall apply with respect to retirements occur3 ring on or after the date of the enactment of this Act.

Æ