II

106TH CONGRESS

2D SESSION S. 2674

To amend title 5, United States Code to provide for realignment of the

Department of Defense workforce.

IN THE SENATE OF THE UNITED STATES

JUNE 6, 2000

Mr. VOINOVICH (for himself and Mr. DEWINE) 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 provide for

realignment of the Department of Defense workforce.

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 ‘‘Department of Defense

5 Civilian Workforce Realignment Act of 2000’’.

6 SEC. 2. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPA7 RATIONS IN REDUCTIONS IN FORCE.

8 Section 3502(f)(5) of title 5, United States Code, is

9 amended by striking ‘‘September 30, 2001’’ and inserting

10 ‘‘September 30, 2005’’.
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1 SEC. 3. EXTENSION, REVISION, AND EXPANSION OF AU2 THORITIES FOR USE OF VOLUNTARY SEPARA3 TION INCENTIVE PAY AND VOLUNTARY

4 EARLY RETIREMENT.

5 (a) EXTENSION OF AUTHORITY.—Subsection (e) of

6 section 5597 of title 5, United States Code, is amended

7 by striking ‘‘September 30, 2003’’ and inserting ‘‘Sep8 tember 30, 2005’’.

9 (b) REVISION AND ADDITION OF PURPOSES FOR DE10 PARTMENT OF DEFENSE VSIP.—Subsection (b) of such

11 section is amended by inserting after ‘‘transfer of func12 tion,’’ the following: ‘‘restructuring of the workforce (to

13 meet mission needs, to achieve one or more strength re14 ductions, to correct skill imbalances, or to reduce the num15 ber of high-grade, managerial, or supervisory positions),’’.

16 (c) INSTALLMENT PAYMENTS.—Subsection (d) of

17 such section is amended—

18 (1) by striking paragraph (1) and inserting the

19 following:

20 ‘‘(1) shall be paid in a lump-sum or in install21 ments;’’;

22 (2) by striking ‘‘and’’ at the end of paragraph

23 (3);

24 (3) by striking the period at the end of para25 graph (4) and inserting ‘‘; and’’; and

26 (4) by adding at the end the following:
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1 ‘‘(5) if paid in installments, shall cease to be

2 paid upon the recipient’s acceptance of employment

3 by the Federal Government as described in sub4 section (g)(1).’’.

5 SEC. 4. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY

6 EARLY RETIREMENT AUTHORITY.

7 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

8 8336 of title 5, United States Code, is amended—

9 (1) in subsection (d)(2), by inserting ‘‘except in

10 the case of an employee described in subsection

11 (o)(1),’’ after ‘‘(2)’’; and

12 (2) by adding at the end the following:

13 ‘‘(o)(1) An employee of the Department of Defense

14 who, before October 1, 2005, is separated from the service

15 after completing 25 years of service or after becoming 50

16 years of age and completing 20 years of service is entitled

17 to an immediate annuity under this subchapter if the em18 ployee is eligible for the annuity under paragraph (2) or

19 (3).

20 ‘‘(2)(A) An employee referred to in paragraph (1) is

21 eligible for an immediate annuity under this paragraph if

22 the employee—

23 ‘‘(i) is separated from the service involuntarily

24 other than for cause; and
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1 ‘‘(ii) has not declined a reasonable offer of an2 other position in the Department of Defense for

3 which the employee is qualified, which is not lower

4 than 2 grades (or pay levels) below the employee’s

5 grade (or pay level), and which is within the employ6 ee’s commuting area.

7 ‘‘(B) For the purposes of paragraph (2)(A)(i), a sepa8 ration for failure to accept a directed reassignment to a

9 position outside the commuting area of the employee con10 cerned or to accompany a position outside of such area

11 pursuant to a transfer of function may not be considered

12 to be a removal for cause.

13 ‘‘(3) An employee referred to in paragraph (1) is eli14 gible for an immediate annuity under this paragraph if

15 the employee satisfies all of the following conditions:

16 ‘‘(A) The employee is separated from the serv17 ice voluntarily during a period in which the organi18 zation within the Department of Defense in which

19 the employee is serving is undergoing a major orga20 nizational adjustment, as determined by the Sec21 retary of Defense.

22 ‘‘(B) The employee has been employed continu23 ously by the Department of Defense for more than

24 30 days before the date on which the head of the
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1 employee’s organization requests the determinations

2 required under subparagraph (A).

3 ‘‘(C) The employee is serving under an appoint4 ment that is not limited by time.

5 ‘‘(D) The employee is not in receipt of a deci6 sion notice of involuntary separation for misconduct

7 or unacceptable performance.

8 ‘‘(E) The employee is within the scope of an

9 offer of voluntary early retirement, as defined on the

10 basis of one or more of the following objective cri11 teria:

12 ‘‘(i) One or more organizational units.

13 ‘‘(ii) One or more occupational groups, se14 ries, or levels.

15 ‘‘(iii) One or more geographical locations.

16 ‘‘(iv) Any other similar criteria that the

17 Secretary of Defense determines appropriate.

18 ‘‘(4) The determinations necessary for establishing

19 the eligibility of a person for an immediate annuity under

20 paragraph (2) or (3) shall be made in accordance with

21 regulations prescribed by the Secretary of Defense.

22 ‘‘(5) In this subsection, the term ‘major organiza23 tional adjustment’ means any of the following:

24 ‘‘(A) A major reorganization.

25 ‘‘(B) A major reduction in force.
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1 ‘‘(C) A major transfer of function.

2 ‘‘(D) A workforce restructuring—

3 ‘‘(i) to meet mission needs;

4 ‘‘(ii) to achieve one or more reductions in

5 strength;

6 ‘‘(iii) to correct skill imbalances; or

7 ‘‘(iv) to reduce the number of high-grade,

8 managerial, supervisory, or similar positions.’’.

9 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

10 Section 8414 of such title is amended—

11 (1) in subsection (b)(1)(B), by inserting ‘‘except

12 in the case of an employee described in subsection

13 (d)(1),’’ after ‘‘(B)’’; and

14 (2) by adding at the end the following:

15 ‘‘(d)(1) An employee of the Department of Defense

16 who, before October 1, 2005, is separated from the service

17 after completing 25 years of service or after becoming 50

18 years of age and completing 20 years of service is entitled

19 to an immediate annuity under this subchapter if the em20 ployee is eligible for the annuity under paragraph (2) or

21 (3).

22 ‘‘(2)(A) An employee referred to in paragraph (1) is

23 eligible for an immediate annuity under this paragraph if

24 the employee—
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1 ‘‘(i) is separated from the service involuntarily

2 other than for cause; and

3 ‘‘(ii) has not declined a reasonable offer of an4 other position in the Department of Defense for

5 which the employee is qualified, which is not lower

6 than 2 grades (or pay levels) below the employee’s

7 grade (or pay level), and which is within the employ8 ee’s commuting area.

9 ‘‘(B) For the purposes of paragraph (2)(A)(i), a sepa10 ration for failure to accept a directed reassignment to a

11 position outside the commuting area of the employee con12 cerned or to accompany a position outside of such area

13 pursuant to a transfer of function may not be considered

14 to be a removal for cause.

15 ‘‘(3) An employee referred to in paragraph (1) is eli16 gible for an immediate annuity under this paragraph if

17 the employee satisfies all of the following conditions:

18 ‘‘(A) The employee is separated from the serv19 ice voluntarily during a period in which the organi20 zation within the Department of Defense in which

21 the employee is serving is undergoing a major orga22 nizational adjustment, as determined by the Sec23 retary of Defense.

24 ‘‘(B) The employee has been employed continu25 ously by the Department of Defense for more than
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1 30 days before the date on which the head of the

2 employee’s organization requests the determinations

3 required under subparagraph (A).

4 ‘‘(C) The employee is serving under an appoint5 ment that is not limited by time.

6 ‘‘(D) The employee is not in receipt of a deci7 sion notice of involuntary separation for misconduct

8 or unacceptable performance.

9 ‘‘(E) The employee is within the scope of an

10 offer of voluntary early retirement, as defined on the

11 basis of one or more of the following objective cri12 teria:

13 ‘‘(i) One or more organizational units.

14 ‘‘(ii) One or more occupational groups, se15 ries, or levels.

16 ‘‘(iii) One or more geographical locations.

17 ‘‘(iv) Any other similar criteria that the

18 Secretary of Defense determines appropriate.

19 ‘‘(4) The determinations necessary for establishing

20 the eligibility of a person for an immediate annuity under

21 paragraph (2) or (3) shall be made in accordance with

22 regulations prescribed by the Secretary of Defense.

23 ‘‘(5) In this subsection, the term ‘major organiza24 tional adjustment’ means any of the following:

25 ‘‘(A) A major reorganization.
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1 ‘‘(B) A major reduction in force.

2 ‘‘(C) A major transfer of function.

3 ‘‘(D) A workforce restructuring—

4 ‘‘(i) to meet mission needs;

5 ‘‘(ii) to achieve one or more reductions in

6 strength;

7 ‘‘(iii) to correct skill imbalances; or

8 ‘‘(iv) to reduce the number of high-grade,

9 managerial, supervisory, or similar positions.’’.

10 (c) CONFORMING AMENDMENTS.—(1) Section

11 8339(h) of such title is amended by striking out ‘‘or ( j)’’

12 in the first sentence and inserting ‘‘( j), or (o)’’.

13 (2) Section 8464(a)(1)(A)(i) of such title is amended

14 by striking out ‘‘or (b)(1)(B)’’ and ‘‘, (b)(1)(B), or (d)’’.

15 (d) EFFECTIVE DATE; APPLICABILITY.—The amend16 ments made by this section—

17 (1) shall take effect on October 1, 2000; and

18 (2) shall apply with respect to an approval for

19 voluntary early retirement made on or after that

20 date.

21 SEC. 5. RESTRICTIONS ON PAYMENTS FOR ACADEMIC

22 TRAINING.

23 (a) SOURCES OF POSTSECONDARY EDUCATION.—

24 Subsection (a) of section 4107 of title 5, United States

25 Code, is amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph

2 (1);

3 (2) by striking the period at the end of para4 graph (2) and inserting ‘‘; or’’; and

5 (3) by adding at the end the following:

6 ‘‘(3) any course of postsecondary education that

7 is administered or conducted by an institution not

8 accredited by a national or regional accrediting body

9 (except in the case of a course or institution for

10 which standards for accrediting do not exist or are

11 determined by the head of the employee’s agency as

12 being inappropriate), regardless of whether the

13 course is provided by means of classroom instruc14 tion, electronic instruction, or otherwise.’’.

15 (b) WAIVER OF RESTRICTION ON DEGREE TRAIN16 ING.—Subsection (b)(1) of such section is amended by

17 striking ‘‘if necessary’’ and all that follows through the

18 end and inserting ‘‘if the training provides an opportunity

19 for an employee of the agency to obtain an academic de20 gree pursuant to a planned, systematic, and coordinated

21 program of professional development approved by the head

22 of the agency.’’.

23 (c) CONFORMING AND CLERICAL AMENDMENTS.—

24 The heading for such section is amended to read as fol25 lows:
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1 ‘‘§ 4107. Restrictions’’.

2 (3) The item relating to such section in the table of

3 sections at the beginning of chapter 41 of title 5, United

4 States Code, is amended to read as follows:

‘‘4107. Restrictions.’’.

5 SEC. 6. STRATEGIC PLAN.

6 (a) REQUIREMENT FOR PLAN.—Not later than six

7 months after the date of the enactment of this Act, the

8 Secretary of Defense shall submit to the appropriate com9 mittees of Congress a strategic plan for the exercise of

10 the authorities provided or extended by the amendments

11 made by this Act. The plan shall include an estimate of

12 the number of Department of Defense employees that

13 would be affected by the uses of authorities as described

14 in the plan.

15 (b) CONSISTENCY WITH DOD PERFORMANCE AND

16 REVIEW STRATEGIC PLAN.—The strategic plan submitted

17 under subsection (a) shall be consistent with the strategic

18 plan of the Department of Defense that is in effect under

19 section 306 of title 5, United States Code.

20 (c) APPROPRIATE COMMITTEES.—For the purposes

21 of this section, the appropriate committees of Congress are

22 as follows:

23 (1) The Committee on Armed Services and the

24 Committee on Governmental Affairs of the Senate.
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1 (2) The Committee on Armed Services and the

2 Committee on Government Reform of the House of

3 Representatives.

4 ‘‘(C) A major transfer of function.

5 ‘‘(D) A workforce restructuring—

6 ‘‘(i) to meet mission needs;

7 ‘‘(ii) to achieve one or more reductions in

8 strength;

9 ‘‘(iii) to correct skill imbalances; or

10 ‘‘(iv) to reduce the number of high-grade,

11 managerial, supervisory, or similar positions.’’.

12 (c) CONFORMING AMENDMENTS.—(1) Section

13 8339(h) of such title is amended by striking out ‘‘or ( j)’’

14 in the first sentence and inserting ‘‘( j), or (o)’’.

15 (2) Section 8464(a)(1)(A)(i) of such title is amended

16 by striking out ‘‘or (b)(1)(B)’’ and ‘‘, (b)(1)(B), or (d)’’.

17 (d) EFFECTIVE DATE; APPLICABILITY.—The amend18 ments made by this section—

19 (1) shall take effect on October 1, 2000; and

20 (2) shall apply with respect to an approval for

21 voluntary early retirement made on or after that

22 date.
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1 SEC. 5. RESTRICTIONS ON PAYMENTS FOR ACADEMIC

2 TRAINING.

3 (a) SOURCES OF POSTSECONDARY EDUCATION.—

4 Subsection (a) of section 4107 of title 5, United States

5 Code, is amended—

6 (1) by striking ‘‘or’’ at the end of paragraph

7 (1);

8 (2) by striking the period at the end of para9 graph (2) and inserting ‘‘; or’’; and

10 (3) by adding at the end the following:

11 ‘‘(3) any course of postsecondary education that

12 is administered or conducted by an institution not

13 accredited by a national or regional accrediting body

14 (except in the case of a course or institution for

15 which standards for accrediting do not exist or are

16 determined by the head of the employee’s agency as

17 being inappropriate), regardless of whether the

18 course is provided by means of classroom instruc19 tion, electronic instruction, or otherwise.’’.

20 (b) WAIVER OF RESTRICTION ON DEGREE TRAIN21 ING.—Subsection (b)(1) of such section is amended by

22 striking ‘‘if necessary’’ and all that follows through the

23 end and inserting ‘‘if the training provides an opportunity

24 for an employee of the agency to obtain an academic de25 gree pursuant to a planned, systematic, and coordinated
14

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1 program of professional development approved by the head

2 of the agency.’’.

3 (c) CONFORMING AND CLERICAL AMENDMENTS.—

4 The heading for such section is amended to read as fol5 lows:

6 ‘‘§ 4107. Restrictions’’.

7 (3) The item relating to such section in the table of

8 sections at the beginning of chapter 41 of title 5, United

9 States Code, is amended to read as follows:

‘‘4107. Restrictions.’’.

10 SEC. 6. STRATEGIC PLAN.

11 (a) REQUIREMENT FOR PLAN.—Not later than six

12 months after the date of the enactment of this Act, the

13 Secretary of Defense shall submit to the appropriate com14 mittees of Congress a strategic plan for the exercise of

15 the authorities provided or extended by the amendments

16 made by this Act. The plan shall include an estimate of

17 the number of Department of Defense employees that

18 would be affected by the uses of authorities as described

19 in the plan.

20 (b) CONSISTENCY WITH DOD PERFORMANCE AND

21 REVIEW STRATEGIC PLAN.—The strategic plan submitted

22 under subsection (a) shall be consistent with the strategic

23 plan of the Department of Defense that is in effect under

24 section 306 of title 5, United States Code.
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1 (c) APPROPRIATE COMMITTEES.—For the purposes

2 of this section, the appropriate committees of Congress are

3 as follows:

4 (1) The Committee on Armed Services and the

5 Committee on Governmental Affairs of the Senate.

6 (2) The Committee on Armed Services and the

7 Committee on Government Reform of the House of

8 Representatives.

Æ