H. R. 3870—2
(G) an employee covered by statutory reemployment
rights who is on transfer to another organization; or
(H) any employee who, during the 24-month period
preceding the date of separation, received a recruitment
or relocation bonus under section 5753 of title 5, United
States Code, or who, within the 12-month period preceding
the date of separation, received a retention allowance under
section 5754 of such title 5.
(b) AGENCY STRATEGIC PLAN.—
(1) IN GENERAL.—The Administrator, before obligating any
resources for voluntary separation incentive payments under
this Act, shall submit to the House and Senate Committees
on Appropriations and the Committee on Governmental Affairs
of the Senate and the Committee on Government Reform and
Oversight of the House of Representatives a strategic plan
outlining the intended use of such incentive payments and
a proposed organizational chart for the agency once such incen-
tive payments have been completed.
(2) CONTENTS.—The agency’s plan shall include—
(A) the positions and functions to be reduced or elimi-
nated, identified by organizational unit, geographic loca-
tion, occupational category and grade level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate without
the eliminated positions and functions.
(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.—
(1) IN GENERAL.—A voluntary separation incentive payment
under this Act may be paid by the agency to not more than
100 employees of such agency and only to the extent necessary
to eliminate the positions and functions identified by the strate-
gic plan.
(2) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary
separation incentive payment under this Act—
(A) shall be paid in a lump sum after the employee’s
separation;
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of—
(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
title 5, United States Code, if the employee were enti-
tled to payment under such section; or
(ii) an amount determined by the agency head
not to exceed $25,000;
(D) may not be made except in the case of any employee
who voluntarily separates (whether by retirement or res-
ignation) before February 1, 1997;
(E) shall not be a basis for payment, and shall not
be included in the computation, of any other type of Govern-
ment benefit; and
(F) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United States
Code, based on any other separation.
H. R. 3870—3
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.—
(1) IN GENERAL.—In addition to any other payments which
it is required to make under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, the agency shall
remit to the Office of Personnel Management for deposit in
the Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund an amount equal to
15 percent of the final basic pay of each employee of the
agency who is covered under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, to whom a vol-
untary separation incentive has been paid under this Act.
(2) DEFINITION.—For the purpose of paragraph (1), 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 employ-
ee’s final rate of basic pay, and, if last serving on other than
a full-time basis, with appropriate adjustment therefor.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN-
MENT.—An individual who has received a voluntary separation
incentive payment under this Act and accepts any employment
for compensation with the Government of the United States, or
who works for any agency of the Government of the United States
through a personal services contract, within 5 years after the date
of the separation on which the payment is based shall be required
to pay, prior to the individual’s first day of employment, the entire
amount of the incentive payment to the agency that paid the
incentive payment.
(f) REDUCTION OF AGENCY EMPLOYMENT LEVELS.—
(1) IN GENERAL.—The total number of funded employee
positions in the agency shall be reduced by one position for
each vacancy created by the separation of any employee who
has received, or is due to receive, a voluntary separation incen-
tive payment under this Act. For the purposes of this sub-
section, positions shall be counted on a full-time-equivalent
basis.
H. R. 3870—4
(2) ENFORCEMENT.—The President, through the Office of
Management and Budget, shall monitor the agency and take
any action necessary to ensure that the requirements of this
subsection are met.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.