I 

112TH CONGRESS 

1ST SESSION H. R. 3029 

To reduce the size of the Federal workforce through attrition, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2011 

Mr. MULVANEY (for himself, Mr. ISSA, Mr. ROSS of Florida, Mr. CHAFFETZ, 

Mrs. BLACKBURN, Mr. BURTON of Indiana, Mr. FLEMING, Mr. FLORES, 

Mr. GARRETT, Mr. GOWDY, Mr. GRAVES of Georgia, Mr. HUELSKAMP, 

Mr. SAM JOHNSON of Texas, Mr. LANDRY, Mr. RIBBLE, Mr. ROKITA, 

Mrs. SCHMIDT, Mr. WALSH of Illinois, Mr. WILSON of South Carolina, 

and Mr. YODER) introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To reduce the size of the Federal workforce through attrition, 

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 ‘‘Reducing the Size of 

5 the Federal Government Through Attrition Act of 2011’’. 

6 SEC. 2. REDUCTION IN FEDERAL WORKFORCE. 

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


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1 (1) the term ‘‘total number of Federal employ2 ees’’ means the total number of Federal employees 

3 in all agencies; 

4 (2) the term ‘‘Federal employee’’ means an em5 ployee as defined by section 2105 of title 5, United 

6 States Code; and 

7 (3) the term ‘‘agency’’ means an Executive 

8 agency as defined by section 105 of title 5, United 

9 States Code, excluding the Government Account10 ability Office. 

11 (b) LIMITATION.—The President, through the Office 

12 of Management and Budget (in consultation with the Of13 fice of Personnel Management), shall take appropriate 

14 measures to ensure that, effective beginning in fiscal year 

15 2015, the total number of Federal employees (as deter16 mined under subsection (c)) shall not exceed 90 percent 

17 of the total number of Federal employees as of September 

18 30, 2011 (as so determined). 

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

20 Management and Budget (in consultation with the Office 

21 of Personnel Management)— 

22 (1) shall continuously monitor all agencies and 

23 make a determination, as of September 30, 2011, 

24 and the last day of each quarter of each fiscal year 

25 beginning thereafter, as to whether or not the total 


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1 number of Federal employees exceeds the maximum 

2 number allowable under subsection (b); and 

3 (2) whenever a determination under paragraph 

4 (1) is made that the total number of Federal em5 ployees exceeds the maximum number allowable 

6 under subsection (b), shall provide written notice to 

7 that effect to the President and Congress within 14 

8 days after the last day of the quarter to which such 

9 determination relates. 

10 (d) COMPLIANCE.—Whenever, with respect to the 

11 quarter ending on September 30, 2014, or any subsequent 

12 quarter, the Office of Management and Budget provides 

13 written notice under subsection (c)(2) that the total num14 ber of Federal employees exceeds the maximum number 

15 allowable under subsection (b), no agency may thereafter 

16 appoint any employee to fill any vacancy within such agen17 cy until the Office of Management and Budget provides 

18 written notice to the President and Congress of a deter19 mination under subsection (c)(1) that the total number 

20 of Federal employees no longer exceeds the maximum 

21 number allowable under subsection (b). Any notice under 

22 the preceding sentence shall be provided within 14 days 

23 after the last day of the quarter to which the determina24 tion relates. 

25 (e) WAIVER.— 


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1 (1) EMERGENCIES.—This section may be 

2 waived upon a determination by the President 

3 that— 

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

5 national security concern so requires; or 

6 (B) the existence of an extraordinary 

7 emergency threatening life, health, public safe8 ty, property, or the environment so requires. 

9 (2) AGENCY EFFICIENCY OR CRITICAL MIS10 SION.—This section may be waived, with respect to 

11 a particular position or category of positions in an 

12 agency, upon a determination by the President that 

13 the efficiency of the agency or the performance of a 

14 critical agency mission so requires. 

15 (f) REPLACEMENT RATE.—To the extent necessary 

16 to achieve the workforce reduction required by subsection 

17 (b), the Office of Management and Budget (in consulta18 tion with the Office of Personnel Management) shall take 

19 appropriate measures to ensure that agencies shall ap20 point no more than 1 employee for every 3 employees retir21 ing or otherwise separating from Government service after 

22 the date of the enactment of this Act. This subsection 

23 shall cease to apply after September 30, 2014. 


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1 (g) COUNTING RULE.—For purposes of this Act, any 

2 determination of the number of employees in an agency 

3 shall be expressed on a full-time equivalent basis. 

4 (h) LIMITATION ON PROCUREMENT OF SERVICE

5 CONTRACTS.—The President, through the Office of Man6 agement and Budget (in consultation with the Office of 

7 Personnel Management), shall take appropriate measures 

8 to ensure that there is no increase in the procurement of 

9 service contracts by reason of the enactment of this Act, 

10 except in cases in which a cost comparison demonstrates 

11 that such contracts would be to the financial advantage 

12 of the Government. 

13 (i) REGULATIONS.—Any regulations necessary to 

14 carry out this Act may be prescribed by the President or 

15 his designee. 

Æ 


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