I
104TH CONGRESS
2D SESSION
H. R. 3870
To authorize the Agency for International Development to offer voluntary
separation incentive payments to employees of that agency.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 1996
Mr. GILMAN introduced the following bill; which was referred to the Commit-
tee on Government Reform and Oversight, and in addition to the Com-
mittee on International Relations, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To authorize the Agency for International Development to
offer voluntary separation incentive payments to employ-
ees of that agency.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. VOLUNTARY SEPARATION INCENTIVES FOR
EMPLOYEES OF THE AGENCY FOR INTER-
NATIONAL DEVELOPMENT.
(a) DEFINITIONS.—For the purposes of this Act—
(1) the term ‘‘agency’’ means the Agency for
International Development;
(2) the term ‘‘Administrator’’ means the Ad-
ministrator, Agency for International Development;
and
(3) the term ‘‘employee’’ means an employee
(as defined by section 2105 of title 5, United States
Code) who is employed by the agency, is serving
under an appointment without time limitation, and
has been currently employed for a continuous period
of at least 12 months, but does not include—
(A) any employee who, upon separation
and application, would then be eligible for an
immediate annuity under subchapter III of
chapter 83 (except for section 8336(d)(2)) or
chapter 84 (except for section 8414(b)(1)(B))
of title 5, United States Code, or corresponding
provisions of another retirement system for em-
ployees of the agency;
(B) 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 agency;
(C) an employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under the applica-
ceding the date of separation, received a reten-
tion allowance under section 5754 of such title
5.
(b) AGENCY STRATEGIC PLAN.—
(1) IN
GENERAL.—The Administrator, before
obligating any resources for voluntary separation in-
centive 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 in-
centive payments and a proposed organizational
chart for the agency once such incentive payments
have been completed.
(2) CONTENTS.—The agency’s plan shall in-
clude—
(A) the positions and functions to be re-
duced or eliminated, identified by organizational
unit, geographic location, occupational category
and grade level;
(B) the number and amounts of voluntary
separation incentive payments to be offered;
(C) a description of how the agency will
operate without the eliminated positions and
functions; and
(D) a report on the anticipated impact of
the reductions or eliminations referred to in
subparagraph (A) (as the case may be) with re-
spect to the implementation of the Foreign As-
sistance Act of 1961 and the State Department
Basic Authorities Act of 1956, respectively.
(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARA-
TION INCENTIVE PAYMENTS.—
(1) IN GENERAL.—A voluntary separation in-
centive 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 entitled
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 (wheth-
er by retirement or resignation) before Feb-
ruary 1, 1997;
(E) shall not be a basis for payment, and
shall not be included in the computation, of any
other type of Government benefit; and
(F) shall not be taken into account in de-
termining the amount of any severance pay to
which the employee may be entitled under sec-
tion 5595 of title 5, United States Code, based
on any other separation.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE
RETIREMENT FUND.—
(1) IN
GENERAL.—In addition to any other
payments which it is required to make under sub-
chapter 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 voluntary separa-
tion incentive has been paid under this Act.
(2) DEFINITION.—For the purpose of para-
graph (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 employee’s final rate
of basic pay, and, if last serving on other than a
full-time basis, with appropriate adjustment there-
for.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH
THE GOVERNMENT.—An individual who has received a
voluntary separation incentive payment under this Act and
accepts any employment for compensation with the Gov-
ernment of the United States, or who works for any agen-
cy of the Government of the United States through a per-
sonal services contract, within 5 years after the date of
the separation on which the payment is based shall be re-
quired to pay, prior to the individual’s first day of employ-
ment, the entire amount of the incentive payment to the
agency that paid the incentive payment.
(f) REDUCTION
OF AGENCY EMPLOYMENT LEV-
ELS.—
(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 separa-
tion of any employee who has received, or is due to
receive, a voluntary separation incentive payment
under this Act. For the purposes of this subsection,
positions shall be counted on a full-time-equivalent
basis.
(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.
SEC. 2. AUTHORIZATION.
There are hereby authorized to be appropriated to the
Agency for International Development such sums as may
be necessary to carry out the provisions of this Act.
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