I
103D CONGRESS
1ST SESSION
H. R. 3218
To amend title 5, United States Code, to eliminate narrow restrictions on
employee training; to provide a temporary voluntary separation incentive;
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 5, 1993
Mr. CLAY (by request) introduced the following bill; which was referred to the
Committee on Post Office and Civil Service
A BILL
To amend title 5, United States Code, to eliminate narrow
restrictions on employee training; to provide a temporary
voluntary separation incentive; and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Workforce Re-
structuring Act of 1993’’.
SEC. 2. 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) 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)—
(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 striking paragraph (2) and re-
designating 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) in subsection (a) by striking ‘‘(a)’’;
and
(B) by striking subsections (b) and (c);
(4) by striking section 4106;
(5) in section 4107—
(A) by amending the catchline to read as
follows:
‘‘§ 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 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) by striking the matter
following the first sentence;
(8) by striking 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) CHAPTER ANALYSIS.—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
(2) by amending the item relating to section
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 in 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 in section 2105 of title 5, United States
Code, of an agency, serving under an appointment
without time limitation, who has been currently em-
ployed for a continuous period of at least 12 months,
including an individual employed by a county com-
mittee established under section 8(b) of the Soil
Conservation and Domestic 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) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—In order to assist in the re-
structuring of the Federal workforce while minimiz-
ing involuntary separations, 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 occupation or geo-
(2) WAIVER AUTHORITY.—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 ap-
pointing official may waive the repayment if the em-
ployment is in a position for which there is excep-
tional difficulty in recruiting a qualified employee. If
the employment is with the judicial branch, the Di-
rector 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 excep-
tional difficulty in recruiting a qualified employee.
(e) REGULATIONS.—The Director of the Office of
Personnel Management may prescribe any regulations
necessary for the administration of this Act.
(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) of this section for employees of the judicial branch.
(g) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) employment in the executive branch should
be reduced by not less than one full-time equivalent
position for each 2 employees who are paid voluntary
separation incentives under this Act; and
(2) each agency should adjust its employment
levels to achieve this result.
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) 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, 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-
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) 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 of 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 RE-
TIREMENT 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) 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
rate of basic pay of each employee of the agency who re-
tires under section 8336(d).’’.
(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.