To authorize the Agency for International Development to offer voluntary separation incentive payments to employees of that agency.
PL 104-190 (H.R.3870), enacted 08/20/1996

110 STAT. 1932 
PUBLIC LAW 104-190—AUG. 20, 1996 
Public Law 104-190 
104th Congress 
An Act 
Aug. 20, 1996 
To authorize the Agency for International Development to offer voluntary separation 
[H-R- 3870] 
incentive payments to employees of that agency. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
5 use 5597 note. 
SECTION 1. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES 
OF THE AGENCY FOR INTERNATIONAL 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 Administrator, 
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 applica-
tion, 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 employees of the agency; 
(B) a reemployed annuitant under subchapter 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 eligible for disability 
retirement under the applicable retirement system referred 
to in subparagraph (A); 
(D) an employee who is to be separated involuntarily 
for misconduct or unacceptable performance, and to whom 
specific notice has been given with respect to that separa-
tion; 
(E) an employee who, upon completing an additional 
period of service, as referred to in section 3(bX2)(BXii) 
of the Federal Workforce Restructuring Act of 1994 (5 
U.S.C. 5597 note), would qualify for a voluntary separation 
incentive payment under section 3 of such Act; 
(F) an employee who has previously received any vol-
untary separation incentive payment by the Government 
of the United States under this Act or any other authority 
and has not repaid such payment; 
PUBLIC LAW 104-190—AUG. 20, 1996 
110 STAT. 1933 
(G) an employee covered by statutory reemplojnnent 
rights who is on transfer to another organization; or 
(HI 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 pajonent 
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 pajonent 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 pa3anent, 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 seversince pay to which the employee 
may be entitled under section 5595 of title 5, United States 
Code, based on any other separation. 
110 STAT. 1934 
PUBLIC LAW 104-190—AUG. 20, 1996 
(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 pa3anent is based shall be required 
to pay, prior to the individual's first day of emplojrment, 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. 
PUBLIC LAW 104-190—AUG. 20, 1996 
110 STAT. 1935 
(2) ENFORCEMENT.—The President, through the Office of President. 
Management and Budget, shall monitor the agency and take 
any action necessary to ensure that the requirements of this 
subsection are met. 
Approved August 20, 1996. 
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LEGISLATIVE HISTORY—H.R. 3870: 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
July 29, considered and passed House. 
Aug. 2, considered and passed Senate.