223
ties and equipment are available, the Chairman may, at
his or her discretion, afford the appellant an opportunity
to participate in a hearing before the Board through the
use of such facilities and equipment in lieu of a hearing
held by personally appearing before a Board member or
members as provided in subsection (c).’’.
SEC. 12309. TABLE OF CONTENTS.
The table of contents at the beginning of chapter 71
is amended by—
(1) striking ‘‘7102. Assignment of members of
Board.’’ and inserting ‘‘7102. Assignment of appel-
late matters.’’;
(2) striking ‘‘7109. Independent medical opin-
ions.’’ and inserting ‘‘7109. Medical opinions.’’; and
(3) striking ‘‘7110. Traveling sections.’’ and in-
serting ‘‘7110. Hearings.’’.
SEC. 12310. EFFECTIVE DATES OF AWARDS BASED ON DIF-
FERENCE OF OPINION.
Section 5110 is amended by adding at the end the
following new subsection:
‘‘(o) The effective date of the award of any benefit,
or any increase therein, pursuant to section 7103(d) of
this title on the basis of a difference of opinion shall be—
‘‘(1) if the award resulted from review initiated
by an application to reopen the claim for the benefit
224
in question under the provision of section 5108 of
this title, fixed in accordance with the facts found
but shall not be earlier than the date the Depart-
ment of Veterans Affairs received such application;
or
‘‘(2) if the award resulted from review of the
final determination undertaken by the Department
of Veterans Affairs solely on its own initiative, the
date the Chairman or Vice Chairman of the Board
of Veterans’ Appeals approved the award.’’.
Subtitle D—Veterans’ Appeals
Improvements
SEC. 12301. BOARD OF VETERANS’ APPEALS.
(a) BOARD
MEMBERS
AND
PERSONNEL.—Section
7101(a) of title 38, United States Code, is amended to read
as follows:
‘‘(a)(1) There is in the Department a Board of Veter-
ans’ Appeals (hereinafter in this chapter referred to as the
‘Board’). The Board is under the administrative control
and supervision of a Chairman directly responsible to the
Secretary.
‘‘(2) The members of the Board shall be the Chairman,
a Vice Chairman, such number of Deputy Vice Chairmen
as the Chairman may designate under subsection (b)(4),
and such number of other members as may be found nec-
225
essary to conduct hearings and consider and dispose of mat-
ters properly before the Board in a timely manner. The
Board shall have such other professional, administrative,
clerical, and stenographic personnel as are necessary to con-
duct hearings and consider and dispose of matters properly
before the Board in a timely manner.’’.
(b) ETHICAL AND LEGAL LIMITATIONS ON CHAIR-
MAN.—Section 7101(b)(1) of such title is amended by in-
serting after the first sentence the following: ‘‘The Chairman
shall be subject to the same ethical and legal limitations
and restrictions concerning involvement in partisan politi-
cal activities as apply to judges of the United States Court
of Veterans Appeals.’’.
(c) APPOINTMENT AND REMOVAL OF BOARD MEM-
BERS.—Section 7101(b) of such title is further amended—
(1) in paragraph (2)(A) by striking ‘‘other mem-
bers of the Board (including the Vice Chairman)’’ and
inserting ‘‘Board members other than the Chairman’’;
(2) in paragraph (2)(B) by striking ‘‘para-
graph’’ and inserting ‘‘subparagraph’’; and
(3) by striking paragraph (4) and inserting the
following:
‘‘(4) The Secretary shall designate one Board
member as Vice Chairman based upon recommenda-
tions of the Chairman. The Chairman may designate
226
one or more Board members as Deputy Vice Chair-
men. The Vice Chairman and any Deputy Vice
Chairman shall perform such functions as the Chair-
man may specify. The Vice Chairman shall serve as
Vice Chairman at the pleasure of the Secretary. Any
Deputy Vice Chairman shall serve as Deputy Vice
Chairman at the pleasure of the Chairman.’’.
(d) ACTING BOARD MEMBERS.—Section 7101(c) of
such title is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) The Chairman may from time to time des-
ignate one or more employees of the Department to
serve as acting Board members.’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (2) and in that paragraph by—
(A) striking ‘‘temporary Board members
designated under this subsection and the number
of’’; and
(B) striking ‘‘section 7102(a)(2)(A)(ii) of
this title’’ and inserting ‘‘paragraph (1)’’.
(e) 
CHAIRMAN’S
ANNUAL
REPORT.—Section
7101(d)(2) of such title is amended—
227
(1) by striking out ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking out the period at the end of sub-
paragraph (E) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new sub-
paragraph:
‘‘(F) the names of those employees of the Depart-
ment designated under subsection (c)(1) to serve as
acting Board members during that year and the num-
ber of cases each such acting Board member partici-
pated in during that year.’’.
(e) CONFORMING AMENDMENTS.—Section 7101 of such
title is further amended—
(1) in subsection (d)(3)(B), by striking ‘‘section
7103(d)’’ and inserting ‘‘section 7101(a)(2)’’; and
(2) in subsection (e), by striking ‘‘a temporary
or’’ and inserting ‘‘an’’
SEC. 12302. DECISIONS BY THE BOARD.
(a) ACTION BY BVA THROUGH SECTIONS.—Sections
7102 and 7103 of title 38, United States Code, are amended
to read as follows:
‘‘§ 7102. Decisions by the Board
‘‘A proceeding instituted before the Board shall be as-
signed to an individual member or a panel of members of
228
the Board (other than the Chairman). A member or panel
of members who are assigned a proceeding shall render a
decision thereon, including any motion filed in connection
therewith. The member or panel of members shall make a
report under section 7104(d) of this title on any such deter-
mination, which report shall constitute the Board’s final
disposition of the proceeding. Decisions by a panel shall be
made by a majority of the members of the panel.
‘‘§ 7103. Reconsideration; correction of obvious errors
‘‘(a) The decision of a member or panel of the Board
under section 7102 of this title is final unless the Chairman
orders reconsideration of the case. Such an order may be
made on the Chairman’s initiative or upon motion of the
claimant.
‘‘(b)(1) If the Chairman orders reconsideration in a
case decided by a single member, the matter shall be referred
to a panel of not less than three Board members, not includ-
ing the member who rendered the initial decision, which
shall render its decision after reviewing the entire record
before the Board. Such decisions shall be made by a major-
ity vote of the members of the panel and shall constitute
the final decision of the Board.
‘‘(2) If the Chairman orders reconsideration in a case
decided by a panel of members, the matter shall be referred
to an enlarged panel, not including the members of the
229
panel which rendered the initial decision, which shall
render its decision after reviewing the entire record before
the Board. Such decisions shall be made by a majority vote
of the members of the expanded panel and shall constitute
the final decision of the Board.
‘‘(c) The Board on its own motion may correct an ob-
vious error in the record, without regard to whether there
has been a motion or order for reconsideration.’’.
(b) CLERICAL AMENDMENT.—The items relating to
sections 7102 and 7103 in the table of sections at the begin-
ning of chapter 71 are amended to read as follows:
‘‘7102. Decisions by the Board.
‘‘7103. Reconsideration; correction of obvious errors.’’.
SEC. 12303. TECHNICAL CORRECTION.
Section 7104(a) of title 38, United States Code, is
amended by striking out ‘‘211(a)’’ and inserting in lieu
thereof ‘‘511(a)’’.
SEC. 12304. HEARINGS.
(a) IN GENERAL.—Section 7110 of title 38, United
States Code, is amended to read as follows:
‘‘§ 7110. Hearings
‘‘(a) The Board shall decide any appeal only after af-
fording the appellant an opportunity for a hearing.
‘‘(b) A hearing docket shall be maintained and formal
recorded hearings shall be held by such member or members
of the Board as the Chairman may designate. Such member
230
or members designated by the Chairman to conduct the
hearing will participate in making the final determination
in the claim.
‘‘(c)(1) An appellant may request a hearing before the
Board at either its principal location or at a regional office
of the Department. A hearing held at a regional office shall
(except as provided in paragraph (2)) be scheduled for hear-
ing in the order in which the requests for hearing in that
area are received by the Department at the place specified
by the Department for the filing of requests for those hear-
ings.
‘‘(2) In a case in which the Secretary is aware that
the appellant is seriously ill or is under severe financial
hardship, a hearing may be scheduled at a time earlier than
would be provided under paragraph (1).
‘‘(d) At the request of the Chairman, the Secretary may
provide suitable facilities and equipment to the Board or
other components of the Department to enable an appellant
located at a facility within the area served by a regional
office to participate, through voice transmission, or picture
and voice transmission, by electronic or other means, in a
hearing with a Board member or members sitting at the
Board’s principal location. When such facilities and equip-
ment are available, the Chairman may afford the appellant
an opportunity to participate in a hearing before the Board
231
through the use of such facilities and equipment in lieu of
a hearing held by personally appearing before a Board
member or members as provided in subsection (c). Any such
hearing shall be conducted in the same manner as, and shall
be considered the equivalent of, a personal hearing. If the
appellant declines to participate in a hearing through the
use of such facilities and equipment, the opportunity of the
appellant to a hearing as provided in subsection (c) shall
not be affected.’’.
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 7110 in the table of sections at the beginning of chapter
71 of such title is amended to read as follows:
‘‘7110. Hearings.’’.
SEC. 12305. ELIMINATION OF REQUIREMENT FOR ANNUAL
INCOME QUESTIONNAIRES.
Section 1506 of title 38, United States Code, is amend-
ed—
(1) in paragraph (2), by striking out ‘‘shall’’
and inserting in lieu thereof ‘‘may’’; and
(2) in paragraph (3), by striking out ‘‘file a re-
vised report’’ and inserting in lieu thereof ‘‘notify the
Secretary’’.
232
TITLE XIII—HUMAN RESOURCE
MANAGEMENT
Subtitle A—Federal Workforce
Restructuring Act of 1993
SEC. 13001. SHORT TITLE.
This subtitle may be cited as the ‘‘Federal Workforce
Restructuring Act of 1993’’.
SEC. 13002. AMENDMENTS TO CHAPTER 41 OF TITLE 5,
UNITED STATES CODE.
(a) Chapter 41 of title 5, United States Code, is
amended—
(1) in section 4101(4) by striking ‘‘fields’’ and
all that follows through the semicolon and inserting
‘‘fields which will improve individual and organiza-
tional performance and assist in achieving the agen-
cy’s mission and performance goals;’’;
(2) in section 4103—
(A) in subsection (a) by striking ‘‘In’’ and
all that follows through ‘‘proficiency’’ and in-
serting ‘‘In order to assist in achieving an agen-
cy’s mission and performance goals by improv-
ing employee and organizational performance’’;
and
(B) in subsection (b)—
233
(i) in paragraph (1) by striking ‘‘de-
termines’’ and all that follows through the
period and inserting ‘‘determines that such
training would be in the interests of the
Government.’’;
(ii) by repealing paragraph (2) and
redesignating paragraph (3) as paragraph
(2); and
(iii) in subparagraph (C) of paragraph
(2) (as so redesignated) by striking ‘‘re-
taining’’ and all that follows through the
period and inserting ‘‘such training.’’;
(3) in section 4105—
(A) by striking ‘‘(a) at the beginning; and
(B) by repealing subsections (b) and (c);
(4) by repealing section 4106;
(5) in section 4107—
(A) by amending the catchline to read as
follows:
‘‘§ 4107. Restriction on degree training’’;
(B) by repealing subsections (a) and (b)
and redesignating subsections (c) and (d) as
subsections (a) and (b), respectively;
(C) by amending subsection (a) (as so re-
designated)—
234
(i) by striking ‘‘subsection (d)’’ and
inserting ‘‘subsection (b)’’; and
(ii) by striking ‘‘by, in, or through a
non-Government facility’’; and
(D) by amending paragraph (1) of sub-
section (b) (as so redesignated) by striking
‘‘subsection (c)’’ and inserting ‘‘subsection (a)’’;
(6) in section 4108(a) by striking ‘‘by, in, or
through a non-Government facility under this chap-
ter’’ and inserting ‘‘for more than a minimum period
prescribed by the head of the agency’’;
(7) in section 4113(b) by striking everything
following the first sentence;
(8) by repealing section 4114; and
(9) in section 4118—
(A) in subsection (a)(7) by striking ‘‘by,
in, and through non-Government facilities’’;
(B) by repealing subsection (b); and
(C) by redesignating subsections (c) and
(d) as subsections (b) and (c), respectively.
(b) The analysis of chapter 41 of title 5, United
States Code, is amended—
(1) by striking the items relating to sections
4106 and 4114; and
235
(2) by amending the item relating to section
4107 to read as follows:
‘‘4107. Restriction on degree training.’’.
(c) The amendments made by this section are effec-
tive on the date of enactment of this Act.
SEC. 13003. VOLUNTARY SEPARATION INCENTIVES.
(a) For the purpose of this section—
(1) ‘‘agency’’ means an Executive agency, as
defined in section 105 of title 5, United States Code,
but does not include the Department of Defense, the
Central Intelligence Agency, or the General Account-
ing Office; and
(2) ‘‘employee’’ means an employee, as defined
in section 2105 of title 5, United States Code, of an
agency, serving under an appointment without time
limitation, who has been currently employed for a
continuous period of at least 12 months, including
an individual employed by a county committee estab-
lished under section 590h(b) of title 16, United
States Code, but does not include—
(A) a reemployed annuitant under sub-
chapter 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 eli-
236
gible for disability retirement under the applica-
ble retirement system referred to in subpara-
graph (A).
(b)(1) In order to assist in the restructuring of the
Federal workforce while minimizing involuntary separa-
tions, the head of an agency may pay, or authorize the
payment of, a voluntary separation incentive to employees
in any component of the agency, employees in any occupa-
tion or geographic location, or any combination thereof,
who agree, during a continuous 90-day period designated
by the agency head for the agency or a component thereof,
beginning no earlier than the date of enactment of this
Act and ending no later than September 30, 1994, to sep-
arate from service with the agency, whether by retirement
or resignation.
(2) In order to receive a voluntary separation incen-
tive, an employee shall separate from service no later than
the last day of the 90-day period designated by the agency
head under paragraph (1), unless the agency head deter-
mines that, in order to ensure the performance of the
agency’s mission, the employee must agree to continue in
service until a later date, but not later than 2 years after
such last day of the 90-day period.
(c) A voluntary separation incentive—
237
(1) shall be paid in a lump sum after the em-
ployee’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 sec-
tion 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 determin-
ing 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 separa-
tion; and
(5) shall be paid from appropriations or funds
available for the payment of the basic pay of the em-
ployee.
(d) An employee who has received a voluntary separa-
tion incentive under this section and accepts employment
with the Government of the United States within 2 years
of the date of the separation on which payment of the in-
centive is based shall be required to repay the entire
238
amount of the incentive to the agency that paid the incen-
tive. 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 employment is in a position for which there is excep-
tional difficulty in recruiting a qualified employee. 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 employment is in a position for which
there is exceptional difficulty in recruiting a qualified em-
ployee. 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 employment is in
a position for which there is exceptional difficulty in re-
cruiting a qualified employee.
(e) The Director of the Office of Personnel Manage-
ment may prescribe any regulations necessary for the ad-
ministration of this Act.
(f) The Director of the Administrative Office of the
United States Courts may, by regulation, establish a pro-
gram consistent with the program established by sub-
sections (a) through (d) of this section for employees of
the judicial branch.
(g) It is the sense of Congress that—
239
(1) employment in the Executive Branch should
be reduced by not less than one full-time equivalent
position for each two employees who are paid vol-
untary separation incentives under this Act; and
(2) each agency should adjust its employment
levels to achieve this result.
SEC. 13004. REPAYMENT OF SEPARATION PAY.
(a) Section 5597 of title 5, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(g) An employee who receives separation pay under
this section on the basis of a separation occurring on or
after the date of enactment of the Federal Workforce Re-
structuring Act of 1993 and accepts employment with the
Government of the United States within 2 years of the
date of the separation on which payment of the separation
pay is based shall be required to repay the entire amount
of the separation pay to the defense agency that paid the
separation pay. 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 Manage-
ment may, at the request of the head of the agency, waive
the repayment if the employment is in a position for which
there is exceptional difficulty in recruiting a qualified em-
ployee. If the employment is with an entity in the legisla-
240
tive branch, the head of the entity or the appointing offi-
cial may waive the repayment if the employment is in a
position for which there is exceptional difficulty in recruit-
ing a qualified employee. 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 employment is in a position for which there is excep-
tional difficulty in recruiting a qualified employee.’’.
(b) Section 2(b) of the Central Intelligence Agency
Voluntary Separation Pay Act (Public Law 103–36; 107
Stat. 104) is amended by adding at the end the following:
‘‘An employee who receives separation pay under this sec-
tion on the basis of a separation occurring on or after the
date of enactment of the Federal Workforce Restructuring
Act of 1993 and accepts employment with the Government
of the United States within 2 years of the date of the sepa-
ration on which payment of the separation pay is based
shall be required to repay the entire amount of the separa-
tion pay to the Central Intelligence Agency. If the employ-
ment 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 employ-
ment is in a position for which there is exceptional dif-
ficulty in recruiting a qualified employee. If the employ-
241
ment is with an entity in the legislative branch, the head
of the entity or the appointing official may waive the re-
payment if the employment is in a position for which there
is exceptional difficulty in recruiting a qualified employee.
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 employment is in a posi-
tion for which there is exceptional difficulty in recruiting
a qualified employee.’’.
SEC. 13005. ADDITIONAL AGENCY PAYMENTS TO FUND.
(a) Section 8334 of title 5, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(1) In addition to any other payments re-
quired by this subchapter, an agency shall remit to
the Office for deposit in the Treasury of the United
States to the credit of the Fund an amount equal to
9 percent of the final rate of basic pay of each em-
ployee of the agency who retires under section
8336(d).’’.
(b) The amendment made by this section shall apply
with respect to retirements occurring on or after the date
of enactment of this Act.
242
SEC. 13001. SHORT TITLE.
This subtitle may be cited as the ‘‘Federal Workforce
Restructuring Act of 1993’’.
SEC. 13002. TRAINING.
(a) IN GENERAL.—Chapter 41 of title 5, United States
Code, is amended—
(1) in section 4101(4) by striking ‘‘fields’’ and
all that follows through the semicolon and inserting
‘‘fields which will improve individual and organiza-
tional performance and assist in achieving the agen-
cy’s mission and performance goals;’’;
(2) in section 4103—
(A) in subsection (a)—
(i) by striking ‘‘In’’ and all that fol-
lows through ‘‘maintain’’ and inserting ‘‘In
order to assist in achieving an agency’s
mission and performance goals by improv-
ing employee and organizational perform-
ance, the head of each agency, in conformity
with this chapter, shall establish, operate,
maintain, and evaluate’’;
(ii) by striking ‘‘and’’ at the end of
paragraph (2);
(iii) by redesignating paragraph (3) as
paragraph (4); and
243
(iv) by inserting after paragraph (2)
the following:
‘‘(3) provide that information concerning the se-
lection and assignment of employees for training and
the applicable training limitations and restrictions be
made available to employees of the agency; and’’; and
(B) in subsection (b)—
(i) in paragraph (1) by striking ‘‘de-
termines’’ and all that follows through the
period and inserting ‘‘determines that such
training would be in the interests of the
Government.’’; and
(ii) by striking paragraph (2) and re-
designating paragraph (3) as paragraph
(2);
(3) in section 4105—
(A) in subsection (a) by striking ‘‘(a)’’; and
(B) by striking subsections (b) and (c);
(4) by repealing section 4106;
(5) in section 4107—
(A) by amending the catchline to read as
follows:
244
‘‘§ 4107. Restriction on degree training’’;
(B) by striking subsections (a) and (b) and
redesignating subsections (c) and (d) as sub-
sections (a) and (b), respectively;
(C) by amending subsection (a) (as so redes-
ignated)—
(i) by striking ‘‘subsection (d)’’ and in-
serting ‘‘subsection (b)’’; and
(ii) by striking ‘‘by, in, or through a
non-Government facility’’; and
(D) by amending paragraph (1) of sub-
section (b) (as so redesignated) by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (a)’’;
(6) in section 4108(a) by striking ‘‘by, in, or
through a non-Government facility under this chap-
ter’’ and inserting ‘‘for more than a minimum period
prescribed by the head of the agency’’;
(7) in section 4113(b)—
(A) in the first sentence by striking ‘‘annu-
ally to the Office,’’ and inserting ‘‘to the Office,
at least once every 3 years, and’’; and
(B) by striking the matter following the
first sentence and inserting the following: ‘‘The
report shall set forth—
‘‘(1) information needed to determine that train-
ing is being provided in a manner which is in com-
245
pliance with applicable laws intended to protect or
promote equal employment opportunity; and
‘‘(2) information concerning the expenditures of
the agency in connection with training and such
other information as the Office considers appro-
priate.’’;
(8) by repealing section 4114; and
(9) in section 4118—
(A) in subsection (a)(7) by striking ‘‘by, in,
and through non-Government facilities’’;
(B) by striking subsection (b); and
(C) by redesignating subsections (c) and (d)
as subsections (b) and (c), respectively.
(b) TECHNICAL
AND CONFORMING AMENDMENTS.—
Title 5, United States Code, is amended—
(1) in section 3381(e) by striking ‘‘4105(a),’’ and
inserting ‘‘4105,’’; and
(2) in the analysis for chapter 41—
(A) by repealing the items relating to sec-
tions 4106 and 4114; and
(B) by amending the item relating to sec-
tion 4107 to read as follows:
‘‘4107. Restriction on degree training.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall become effective on the date of enactment of
this Act.
246
SEC. 13003. VOLUNTARY SEPARATION INCENTIVES.
(a) DEFINITIONS.—For the purpose of this section—
(1) the term ‘‘agency’’ means an Executive agen-
cy (as defined by section 105 of title 5, United States
Code), but does not include the Department of De-
fense, 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 em-
ployed by a county committee established under sec-
tion 8(b) of the Soil Conservation and Domestic Allot-
ment Act (16 U.S.C. 590h(b)), but does not include—
(A) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84 of title
5, United States Code, or another retirement sys-
tem for employees of the Government; or
(B) an employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under the applica-
ble retirement system referred to in subpara-
graph (A).
(b) AUTHORITY.—
247
(1) IN GENERAL.—In order to avoid or minimize
the need for involuntary separations due to a reduc-
tion in force, reorganization, transfer of function, or
other similar action, and subject to paragraphs (2)
and (3), the head of an agency may pay, or authorize
the payment of, voluntary separation incentive pay-
ments 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 fac-
tors under subparagraphs (A) through (C).
(2) REQUIREMENTS
APPLICABLE
TO
EMPLOY-
EES.—
(A) IN GENERAL.—In order to receive an
incentive payment, an employee must agree, dur-
ing the applicable period under subparagraph
(B), to separate from service with the agency
(whether by retirement or resignation) before
such period ends.
(B) DESIGNATION OF PERIOD.—The appli-
cable period, for purposes of any agency compo-
nent, occupation, geographic location, or com-
bination thereof—
248
(i) shall be a continuous 90-day pe-
riod;
(ii) shall be designated by the head of
the agency involved; and
(iii) shall end not later than December
31, 1994.
(C) EXCEPTION.—An employee who does
not separate from service before the end of the
applicable period under subparagraph (B) 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 agen-
cy’s mission, it is necessary to delay such
employee’s separation; and
(ii) the employee completes any addi-
tional period of service agreed to (ending
not later than 2 years after the last day of
the period otherwise applicable under sub-
paragraph (B)).
(3) REQUIREMENTS
APPLICABLE
TO
AGEN-
CIES.—Before offering any voluntary separation in-
centive payments to employees within any agency
component, occupation, geographic location, or com-
bination thereof, the head of the agency involved shall
249
make available to all employees of such agency, and
to the exclusive representative of any such employees,
a written plan which—
(A) shall specify which agency components,
occupations, geographic locations, or combina-
tions thereof have been identified for incentives,
and the percentage of employees within each who
are supervisors or managers;
(B) shall indicate the beginning and ending
dates of any periods under paragraph (2)(B),
and the agency components, occupations, geo-
graphic locations, or combinations thereof to
which they apply;
(C) shall state whether any additional per-
sonnel reductions are anticipated after any exer-
cise of authority under this section and, if so,
what types of retraining, placement, or other
similar measures will be provided in order to
avoid involuntary separations; and
(D) shall include any other information
which may be necessary in order to permit em-
ployees who are eligible for voluntary separation
incentive payments to make an informed deci-
sion.
250
(c) AMOUNT AND TREATMENT OF PAYMENTS.—A vol-
untary separation incentive payment—
(1) shall be paid in a lump sum after the em-
ployee’s separation;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the em-
ployee would be entitled to receive under section
5595(c) of title 5, United States Code, if the em-
ployee were entitled to payment under such sec-
tion; 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 determin-
ing the amount of any severance pay to which an em-
ployee 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 em-
ployee.
(d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE
GOVERNMENT.—
251
(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 2 years after the date of
the separation on which the payment is based shall
be required to repay the entire amount of the incen-
tive payment to the agency that paid the incentive
payment.
(2) WAIVER AUTHORITY.—
(A) EXECUTIVE
AGENCY.—If the employ-
ment 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 employment is in a
position for which there is exceptional difficulty
in recruiting a qualified employee.
(B) LEGISLATIVE BRANCH.—If the employ-
ment is with an entity in the legislative branch,
the head of the entity or the appointing official
may waive the repayment if the employment is
in a position for which there is exceptional dif-
ficulty in recruiting a qualified employee.
(C) JUDICIAL BRANCH.—If the employment
is with the judicial branch, the Director of the
252
Administrative Office of the United States
Courts may waive the repayment if the employ-
ment is in a position for which there is excep-
tional difficulty in recruiting a qualified em-
ployee.
(e) REGULATIONS.—The Director of the Office of Per-
sonnel Management may prescribe any regulations nec-
essary for the administration of subsections (a) through (d).
(f) EMPLOYEES OF THE JUDICIAL BRANCH.—The Di-
rector 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. 13004. COORDINATION WITH OTHER PROVISIONS OF
LAW.
(a) DEFENSE AGENCIES.—Section 5597 of title 5,
United States Code, is amended by adding at the end the
following:
‘‘(g)(1) An employee who receives separation pay
under this section on the basis of a separation occurring
on or after the date of enactment of the Federal Workforce
Restructuring Act of 1993, and accepts employment with
the Government of the United States within 2 years after
the date of the separation on which payment of the separa-
tion pay is based shall be required to repay the entire
253
amount of the separation pay to the defense agency that
paid the separation pay.
‘‘(2)(A) If the employment is with an Executive agen-
cy, the Director of the Office of Personnel Management may,
at the request of the head of the agency, waive the repay-
ment if the employment is in a position for which there
is exceptional difficulty in recruiting a qualified employee.
‘‘(B) If the employment is with an entity in the legisla-
tive branch, the head of the entity or the appointing official
may waive the repayment if the employment is in a posi-
tion for which there is exceptional difficulty in recruiting
a qualified employee.
‘‘(C) 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 employment
is in a position for which there is exceptional difficulty in
recruiting a qualified employee.’’.
(b) CENTRAL INTELLIGENCE AGENCY.—Section 2(b) of
the Central Intelligence Agency Voluntary Separation Pay
Act (Public Law 103–36; 107 Stat. 104) is amended by
adding at the end the following: ‘‘An employee who receives
separation pay under this section on the basis of a separa-
tion occurring on or after the date of enactment of the Fed-
eral Workforce Restructuring Act of 1993 and accepts em-
ployment with the Government of the United States within
254
2 years after the date of the separation on which payment
of the separation pay is based shall be required to repay
the entire amount of the separation pay to the Central In-
telligence 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 employment is in a position for which
there is exceptional difficulty in recruiting a qualified em-
ployee. 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 employment is in a position
for which there is exceptional difficulty in recruiting a
qualified employee. 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 em-
ployment is in a position for which there is exceptional dif-
ficulty in recruiting a qualified employee.’’.
SEC. 13005. ADDITIONAL AGENCY CONTRIBUTIONS TO THE
RETIREMENT FUND.
(a) IN GENERAL.—Section 8334 of title 5, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(m)(1) In addition to any other payments required
by this subchapter, an agency shall remit to the Office for
255
deposit in the Treasury of the United States to the credit
of the Fund an amount equal to 9 percent of the final basic
pay of each employee of the agency who retires under section
8336(d).
‘‘(2) For the purpose of this subsection, 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.’’.
(b) APPLICABILITY.—The amendment made by this
section shall apply with respect to retirements occurring on
or after the date of enactment of this Act.
Subtitle B—SES Annual Leave
Accumulation
SEC. 1301. SES ANNUAL LEAVE ACCUMULATION.
(a) Effective on the last day of the last applicable
pay period beginning in calendar year 1993, subsection (f)
of section 6304 of title 5, United States Code, is repealed.
SEC. 13101. SES ANNUAL LEAVE ACCUMULATION.
(a) Effective on the last day of the last applicable pay
period beginning in calendar year 1993, subsection (f) of
section 6304 of title 5, United States Code, is amended to
read as follows:
256
‘‘(f)(1) This subsection applies with respect to annual
leave accrued by an individual while serving in a position
in—
‘‘(A) the Senior Executive Service;
‘‘(B) the Senior Foreign Service;
‘‘(C) the Defense Intelligence Senior Executive
Service;
‘‘(D) the Senior Cryptologic Executive Service;
or
‘‘(E) the Federal Bureau of Investigation and
Drug Enforcement Administration Senior Executive
Service.
‘‘(2) For purposes of applying any limitation on accu-
mulation under this section with respect to any annual
leave described in paragraph (1)—
‘‘(A) ‘30 days’ in subsection (a) shall be deemed
to read ‘90 days’; and
‘‘(B) ‘45 days’ in subsection (b) shall be deemed
to read ‘90 days’.’’.
(b) Notwithstanding the amendment made by sub-
section (a), in the case of an employee who, on the effec-
tive date of subsection (a), is subject to subsection (f) of
section 6304 of title 5, United States Code, and who has
to such employee’s credit annual leave in excess of the
maximum accumulation otherwise permitted by subsection
257
(a) or (b) of section 6304, 6304 (determined applying the
amendment made by subsection (a)), such excess annual
leave shall remain to the credit of the employee and be
subject to reduction, in the same manner as provided in
subsection (c) of section 6304.
TITLE XIV—REINVENTING
SUPPORT SERVICES
SEC. 14001. SHORT TITLE.
This title may be cited as the ‘‘Government Informa-
tion Dissemination and Printing Improvement Act of
1993’’.
SEC. 14002. PURPOSE.
The purpose of this title is to enhance public access
to public information, through a diversity of sources and
in a variety of forms and formats, by improving the print-
ing and dissemination practices of the Federal Govern-
ment.
SEC. 14003. DEFINITIONS.
As used herein—
(1) ‘‘information dissemination product’’ means
any book, paper, map, machine-readable material,
audiovisual production, or other documentary mate-
rial, regardless of physical form or characteristic,
disseminated by an agency to the public; and
258
(2) ‘‘public information’’ means any informa-
tion, regardless of form or format, that an agency
discloses, disseminates, or makes available to the
public pursuant to law, rule, regulation, policy, or
practice, and any part of that information.
SEC. 14004. EXECUTIVE BRANCH PRINTING POLICY.
(a) The President shall establish policy for the acqui-
sition of printing by Executive branch agencies and pro-
mulgate government-wide regulations as appropriate.
(b) To the extent practicable and appropriate, the
policies promulgated for the acquisition of printing by Ex-
ecutive branch agencies shall be consistent with the prin-
ciples contained in the Federal Acquisition Regulation,
promulgated pursuant to 41 U.S.C. 405a.
(c) The policies promulgated pursuant to this section
shall ensure that the Government Printing Office has the
opportunity to compete on an equal basis for Executive
branch agency printing acquisitions.
SEC. 14005. TRANSITION TO EXECUTIVE BRANCH PRINTING.
(a) The Government Printing Office shall remain the
mandatory source for Executive branch agencies’ printing
for 2 years after the effective date of this Act.
(b) Notwithstanding subsection (a), Executive agen-
cies are authorized to obtain printing services costing
under $2500 from commercial sources, other printing
259
sources operated by Executive branch agencies, or the
Government Printing Office during this period.
(c) Subsection (a) does to apply to (1) printing for
the Central Intelligence Agency, the Defense Intelligence
Agency, and the National Security Agency, or (2) printing
from other sources that are specifically authorized by law
at the time of enactment of this Act.
SEC. 14006. AUTHORITY AND FUNCTIONS OF THE DIREC-
TOR OF THE OFFICE OF MANAGEMENT AND
BUDGET.
The Director of the Office of Management and Budg-
et (the Director) shall develop policies and practices for
agency dissemination of public information to ensure that
agencies—
(1) make information dissemination products
available on timely, equitable and cost effective
terms;
(2) encourage a diversity of public and private
information dissemination products;
(3) avoid establishing, or permitting others to
establish, exclusive, restricted, or other distribution
arrangements that interfere with the availability of
information dissemination products on a timely and
equitable basis; and