The fourth month ..............................................................................
The fifth month .................................................................................
The sixth month .................................................................................
20.
(e) STATUS OF PAYMENTS AND PERIODS COVERED
BY PAYMENTS.—
(1) STATUS OF PAYMENTS.—A payment under
this section—
(A) shall not be considered to constitute
basic pay;
(B) shall not be a basis for payment, and
may not be included in the computation, of any
other type of benefit from the United States
Government; and
(C) shall not be taken into account in de-
termining the amount of any severance pay to
which an employee may be entitled under sec-
tion 5595 of title 5, United States Code, based
on any other separation.
(2) PERIODS COVERED BY PAYMENTS.—A pe-
riod covered by a payment under this section shall
not be considered a period of service with or employ-
ment by the Government of the United States. Not-
withstanding the preceding sentence, an individual
shall be ineligible to receive unemployment com-
pensation for any period for which such individual is
eligible to receive any payment under this section.
(f) CONDITION
FOR RECEIVING ANY BENEFITS
UNDER THIS SECTION.—
(1) AGREEMENT.—Before receiving any pay-
ment or other benefit under this section, an em-
ployee must enter into a written agreement under
which the employee shall agree to give prompt writ-
ten notice of any employment (for compensation) ob-
tained by the employee within the 6-month period
referred to in subsection (b)(2).
(2) REPAYMENT.—Under the agreement, if the
employee fails to give any notice required under such
agreement, a sum equal to all payments made to
such employee under this section shall be recoverable
by the Government from the employee (or such em-
ployee’s estate, if applicable) by—
(A) setoff against accrued pay, compensa-
tion, amount of retirement credit, or another
amount due the employee from the Government;
and
(B) such other method as is provided by
law for the recovery of amounts owing to the
Government.
The head of the agency concerned may waive, in
whole or in part, a right of recovery under this sub-
section, if it is shown that recovery would be against
equity and good conscience or against the public in-
terest.
(3) DISPOSITION
OF
ANY
AMOUNT
RECOV-
ERED.—Any amount repaid by, or recovered from,
an individual (or an estate) under this subsection
shall be credited to the appropriation account from
which the amount involved was originally paid. Any
amount so credited shall be merged with other sums
in such account and shall be available for the same
purposes and period, and subject to the same limita-
tions (if any), as the sums with which merged.
(g) LIMITATION.—An individual who becomes eligible
for any payments or other benefit under this section as
a result of a separation from service may not again become
so eligible based on any subsequent separation.
SEC. 203. EFFECT OF SUBSEQUENT EMPLOYMENT WITH
THE GOVERNMENT AND EMPLOYEE BACK-
FILL PREVENTION.
(a) IN GENERAL.—An employee who has received any
payment under section 201 or 202 and accepts employ-
ment with the Government of the United States within
5 years after the date of the separation on which the pay-
ment is based shall be required to repay the entire amount
of the payment to the agency that made such payment.
(b) WAIVER AUTHORITY.—
(1) IN
GENERAL.—The appropriate authority
under paragraph (2) may waive the repayment if the
individual so accepting any such employment pos-
sesses unique abilities and is the only qualified appli-
cant available for the position.
(2) APPROPRIATE
AUTHORITY.—For purposes
of paragraph (1), the appropriate authority is—
(A) the Director of the Office of Personnel
Management, if the employment is with an Ex-
ecutive agency (as defined by section 105 of
title 5, United States Code), subject to para-
graph (3);
(B) the head of the employing entity, if the
employment is with the legislative branch; and
(C) the Director of the Administrative Of-
fice of the United States Courts, if the employ-
ment is with the judicial branch.
(3) REQUIREMENT
SPECIFIC
TO
EXECUTIVE
AGENCIES.—If the employment is with an Executive
agency (as so defined), waiver authority under this
subsection may be exercised only upon the request of
the head of the agency.
(4) NO
DOUBLE
REPAYMENT.—In no event
shall any individual who receives any amounts under
section 202 be required, by reason of repayment ob-
ligations arising under the preceding provisions of
this section and those of section 202(f), respectively,
with respect to the same amount, to repay more
than the amounts so received by such individual.
(c) DEFINITION.—For purposes of subsection (a)
(but not subsection (b)), the term ‘‘employment’’ includes
employment under a personal services contract with the
Government of the United States.
(d) EMPLOYEE BACKFILL PREVENTION.—Paragraph
(1) of section 5(f) of the Federal Workforce Restructuring
Act of 1994 (Public Law 103–226; 5 U.S.C. 3101 note)
is amended by inserting ‘‘of this Act or section 201 or
202 of the Federal Employee Separation Incentive and
Reemployment Assistance Act’’ after ‘‘section 3(a)–(e)’’.
TITLE III—REEMPLOYMENT
ASSISTANCE PROGRAMS
SEC. 301. PRIORITY PLACEMENT PROGRAMS FOR FEDERAL
EMPLOYEES AFFECTED BY A REDUCTION IN
FORCE.
(a) IN GENERAL.—Subchapter I of chapter 33 of title
5, United States Code, is amended by adding at the end
the following:
‘‘§ 3329b. Priority placement programs for employees
affected by a reduction in force
‘‘(a) Not later than 6 months after the date of the
enactment of this section, the Office of Personnel Manage-
ment shall establish a Governmentwide priority placement
program, and each agency shall establish an agencywide
priority placement program, to facilitate employment
placement for employees who—
‘‘(1) are scheduled to be separated from service
due to a reduction in force under—
‘‘(A) regulations prescribed under section
3502; or
‘‘(B) procedures established under section
3595; or
‘‘(2) are separated from service due to such a
reduction in force.
‘‘(b)(1) Each agencywide priority placement program
shall include provisions under which a vacant position
shall not (except as provided in this subsection) be filled
by the appointment or transfer of any individual from out-
side of that agency (other than an individual described in
paragraph (2)) if—
‘‘(A) there is then available any individual de-
scribed in paragraph (2) who is qualified for the po-
sition; and
‘‘(B) the position—
(2) The table of sections for chapter 33 of title 5,
United States Code, is amended by striking the item relat-
ing to the second section which is designated as section
3329 and inserting the following:
‘‘3329a.
Government-wide list of vacant positions.
‘‘3329b.
Priority placement programs for employees affected by a reduction
in force.’’.
SEC. 302. NON-FEDERAL EMPLOYMENT INCENTIVES.
(a) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘eligible employee’’ means an em-
ployee who is voluntarily or involuntarily separated
from the service, except by removal for cause on
charges of misconduct or delinquency; however, such
term does not include an employee who, at the time
of separation, meets the age and service require-
ments for an immediate annuity under subchapter
III of chapter 83 or chapter 84 of title 5, United
States Code, other than under section 8336(d) or
8414(b) of such title; and
(2) the term ‘‘non-Federal employer’’ means an
employer that is neither an Executive agency within
the meaning of section 105 of title 5, United States
Code, nor within the legislative or judicial branch of
the Government.
(b) AUTHORITY.—The head of an agency may pay
retraining and relocation incentives in accordance with
this section in order to facilitate the reemployment of eligi-
ble employees who are separated from the agency.
(c) RETRAINING INCENTIVE.—
(1) AGREEMENT.—The head of an agency may
enter into an agreement with a non-Federal em-
ployer under which the non-Federal employer
agrees—
(A) to employ an individual referred to in
subsection (b) for at least 12 months for a sal-
ary which is mutually agreeable to the employer
and such individual; and
(B) to certify to the head of the agency
any costs incurred by the employer for any nec-
essary training provided to such individual in
connection with the employment by such em-
ployer.
(2) PAYMENT
OF
RETRAINING
INCENTIVE.—
The head of the agency shall pay a retraining incen-
tive to the non-Federal employer upon the employ-
ee’s completion of 12 months of continuous employ-
ment by that employer. Subject to subsection (e),
the head of the agency shall prescribe the amount of
the incentive.
(3) PRORATION RULE.—The head of the agency
shall pay a prorated amount of the full retraining in-
centive to the non-Federal employer for an employee
who does not remain employed by the non-Federal
employer for at least 12 months, but only if the em-
ployee remains so employed for at least 6 months.
(4) LIMITATION.—In no event may the amount
of the retraining incentive paid for the training of
any individual exceed the amount certified for such
individual under paragraph (1).
(d) RELOCATION INCENTIVE.—The head of an agen-
cy may pay a relocation incentive to an eligible employee
if it is necessary for the employee to relocate in order to
commence employment with a non-Federal employer. Sub-
ject to subsection (e), the amount of the incentive shall
not exceed the amount that would be payable for travel,
transportation, and subsistence expenses under sub-
chapter II of chapter 57 of title 5, United States Code,
including any reimbursement authorized under section
5724b of such title, to a Federal employee who transfers
between the same locations as the individual to whom the
incentive is payable.
(e) LIMITATION.—The amount of retraining and relo-
cation incentives that may be paid to any individual may
not exceed $20,000.
(f) DURATION.—No incentive may be paid for train-
ing or relocation commencing after June 30, 2000.
SEC. 303. JOB PLACEMENT AND COUNSELING SERVICES.
(a) AUTHORITY FOR SERVICES.—The head of an
agency may establish a program to provide job placement
and counseling services to current and former employees
and their families.
(b) TYPES OF SERVICES AUTHORIZED.—A program
established under this section may include such services
as—
(1) career and personal counseling;
(2) training in job search skills; and
(3) job placement assistance, including assist-
ance provided through cooperative arrangements
with State and local employment service offices.
(c) ELIGIBILITY FOR SERVICES.—Services authorized
by this section may be provided to—
(1) current employees of the agency or any
other agency;
(2) employees of the agency or any other agen-
cy who have been separated for less than 1 year, if
the separation was not a removal for cause on
charges of misconduct or delinquency; and
(3) any spouse or dependent child of an em-
ployee referred to in paragraph (1) or (2).
(d) REIMBURSEMENT
FOR COSTS.—The costs of
services provided to current or former employees of an-
other agency, or to any of their family members, shall be
reimbursed by that agency.
TITLE IV—EXTENSION OF
BENEFITS
SEC. 401. LIFE INSURANCE.
(a) IN GENERAL.—Section 8706 of title 5, United
States Code, is amended by redesignating subsections (d)
through (f) as subsections (e) through (g), respectively,
and by inserting after subsection (c) the following:
‘‘(d) Notwithstanding subsections (a) and (b), any
employee who, on or after the date of the enactment of
the Federal Employee Separation Incentive and Reem-
ployment Assistance Act, and before October 1, 1999—
‘‘(1) is separated involuntarily, except by re-
moval for cause on charges of misconduct or delin-
quency, or
‘‘(2) retires on an immediate annuity under
subchapter III of chapter 83 or subchapter II of
chapter 84, but does not satisfy the requirements of
subsection (b)(1),
and who is insured on the date of separation or retirement,
may, within 60 days after such date, elect to continue such
employee’s insurance and arrange to pay currently into
the Employees’ Life Insurance Fund both employee and
agency contributions in accordance with procedures pre-
scribed by the Office. If the employee does not so elect,
such employee’s insurance will terminate as provided by
subsection (a).’’.
(b) CONFORMING AMENDMENT.—Section 8706(g) of
title 5, United States Code, as so redesignated by sub-
section (a), is amended by striking ‘‘subsection (e)’’ and
inserting ‘‘subsection (f)’’.
SEC. 402. HEALTH INSURANCE.
Section 8905(b) of title 5, United States Code, is
amended by adding at the end the following: ‘‘. The Office
shall waive the requirements of this subsection in the case
of an individual who fails to satisfy such requirements if
such individual—
‘‘(A) retires on or after the date of the enact-
ment of the Federal Employee Separation Incentive
and Reemployment Assistance Act, and before Octo-
ber 1, 1999, on an immediate annuity under sub-
chapter III of chapter 83 or subchapter II of chap-
ter 84; and
‘‘(B) is enrolled in a health benefits plan under
this chapter as an employee immediately before re-
tirement.’’.
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