(C) by amending subsection (a) (as so re-
designated)—
(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)—
(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
training is being provided in a manner which is in
compliance 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 enact-
ment of this Act.
SEC. 3. 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 individ-
ual employed by a county committee established
under section 8(b) of the Soil Conservation and Do-
mestic Allotment 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
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-
gible for disability retirement under the applica-
ble retirement system referred to in subpara-
graph (A).
(b) AUTHORITY.—
(1) IN GENERAL.—In order to avoid or mini-
mize the need for involuntary separations due to a
reduction in force, reorganization, transfer of func-
tion, or other similar action, and subject to para-
graphs (2) and (3), 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 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,
during the applicable period under subpara-
graph (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—
(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 Decem-
ber 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
agency’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 make available to all employees of such agency,
and to the exclusive representative of any such em-
ployees, 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 end-
ing dates of any periods under paragraph
(2)(B), and the agency components, occupa-
tions, geographic locations, or combinations
thereof to which they apply;
(C) shall state whether any additional per-
sonnel reductions are anticipated after any ex-
ercise 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.
(1) IN GENERAL.—An employee who has re-
ceived 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 pay-
ment 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 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 em-
ployment is with an entity in the legislative
branch, the head of the entity or the appointing
official 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.
(C) JUDICIAL
BRANCH.—If the employ-
ment is with the judicial branch, the Director of
the 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
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. 4. 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 em-
ployment with the Government of the United States within
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 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
repayment if the employment is in a position for which
there is exceptional difficulty in recruiting a qualified em-
ployee.
‘‘(B) If the employment is with an entity in the legis-
lative 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.
‘‘(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 re-
ceives 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 separation pay is based shall be re-
quired to repay the entire amount of the separation pay
to the Central Intelligence 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 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 employee. If the employ-
ment is with the judicial branch, the Director of the Ad-
ministrative 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 em-
ployee.’’.
SEC. 5. 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 follow-
ing new subsection:
‘‘(m)(1) In addition to any other payments required
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 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 em-
ployee’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.
Æ