weather and runway observation and other such functions
to help ensure the safety of aviation operations.
SEC. 346. VOLUNTARY SEPARATION INCENTIVES FOR
EMPLOYEES.—
(a) AUTHORITY.—Notwithstanding any other
provision of law, in order to avoid or minimize the
need for involuntary separations due to a reduction
in force, reorganization, transfer of function, or other
similar action, the Secretary of Transportation may
pay, or authorize the payment of, voluntary separa-
tion incentive payments to employees of the United
States Coast Guard, Research and Special Programs
Administration, St. Lawrence Seaway Development
Corporation, Office of the Secretary, Federal Railroad
Administration, and employees of the Department in
positions targeted for reduction under the National
Performance Review who separate from Federal serv-
ice voluntarily through September 30, 2000 (whether
by retirement or resignation).
(b) AGENCY
STRATEGIC
PLAN.—The Secretary
shall submit, for review and approval, a strategic
plan to the Director of the Office of Management and
Budget prior to obligating any resources for vol-
untary separation incentive payments allowed under
this Act.
(1) The plan shall—
(A) include the number and amounts
of voluntary separation incentive payments
to be offered;
(B) specify how the voluntary separa-
tion incentives will achieve downsizing
goals;
(C) include a proposed time period for
the payment of such incentives; and
(D) include the positions and functions
to be reduced or eliminated identified by or-
ganizational unit, geographic location or
occupational category and grade level.
(2) A voluntary separation incentive pay-
ment under this section may be paid to any eli-
gible employee only to the extent necessary to
eliminate the positions and functions identified
by the strategic plan.
(c) CONDITIONS AND AMOUNT OF PAYMENTS.—In
order to receive a voluntary separation incentive pay-
ment, an employee must separate from service with
the Department (whether by retirement or resigna-
tion) within the applicable period of time specified in
the agency plan. An employee’s agreement to separate
with an incentive payment is binding upon the em-
ployee and the Department, unless the employee and
the Department mutually agree otherwise.
(1) A voluntary separation incentive pay-
ment shall be paid in a lump sum after the em-
ployee’s separation and be equal to the lesser
of—
(A) an amount equal to the amount the
employee would have been entitled to receive
under section 5595(c) of title 5, United
States Code (without adjustment for any
previous payment made under such section),
if the employee were entitled to payment
under such section; or
(B) if the employee separates during—
(i) fiscal year 1997, $25,000;
(ii) fiscal year 1998, $20,000;
(iii) fiscal year 1999, $15,000;
(iv) fiscal year 2000, $10,000;
(3) not be a basis for payment, and shall
not be included in the computation of any other
type of benefit;
(4) not be taken into account in determin-
ing 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;
(5) be available from appropriations or
funds available for the payment of the basic pay
of the employee.
(d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH
THE GOVERNMENT.—An employee who has received a
voluntary separation incentive payment under this
section and accepts employment with, or enters into
a personal services contract with, any Federal agency
or instrumentality of the United States within 5
years after the date of the separation on which the
payment is based shall be required to repay the entire
amount of the incentive payment to the Department.
(1) The repayment required under this sub-
section may be waived only by the Secretary.
(e) 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 Department 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 De-
partment covered by chapters 83 or 84 of title 5,
United States Code, to whom a voluntary sepa-
ration incentive payment has been made.
(2) DEFINITION.—For the purpose of this
section, 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.
(f) VOLUNTARY
RELEASE
PROGRAM.—Notwith-
standing any other provision of law, the Department
shall implement regulations that shall permit its em-
ployees, who are not scheduled for separation by RIF,
to volunteer for RIF separation in place of other em-
ployees who are scheduled for RIF separation until
September 30, 2000.
(g) CONTINUANCE OF GOVERNMENT SHARE OF
HEALTH BENEFITS COVERAGE.—Notwithstanding any
other provision of law, the Department shall pay the
Government share of the health benefits coverage of
any of its employees separated by RIF for up to 18