[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3218 Introduced in House (IH)]

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Workforce Restructuring 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 organizational performance and assist in 
        achieving the agency's mission and performance goals;'';
            (2) in section 4103--
                    (A) in subsection (a) by striking ``In'' and all 
                that follows through ``proficiency'' and inserting ``In 
                order to assist in achieving an agency's mission and 
                performance goals by improving employee and 
                organizational performance''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1) by striking 
                        ``determines'' 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 
                        redesignating paragraph (3) as paragraph (2); 
                        and
                            (iii) in subparagraph (C) of paragraph (2) 
                        (as so redesignated) by striking ``retaining'' 
                        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:
``Sec. 4107. Restriction on degree training'';
                    (B) by striking subsections (a) and (b) and 
                redesignating subsections (c) and (d) as subsections 
                (a) and (b), respectively;
                    (C) by amending subsection (a) (as so 
                redesignated)--
                            (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 subsection (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 chapter'' 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 enactment 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 employed for a continuous period of at least 12 
        months, including an individual employed by a county committee 
        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 subchapter 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 eligible for 
                disability retirement under the applicable retirement 
                system referred to in subparagraph (A).
    (b) Establishment of Program.--
            (1) In general.--In order to assist in the restructuring of 
        the Federal workforce while minimizing 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 geographic location, 
        or any combination thereof, who agree, during a continuous 90-
        day period designated by the agency head for the agency or a 
        component thereof, beginning no earlier than the date of 
        enactment of this Act and ending no later than September 30, 
        1994, to separate from service with the agency, whether by 
        retirement or resignation.
            (2) Requirements relating to separation date.--In order to 
        receive a voluntary separation incentive, an employee shall 
        separate from service no later than the last day of the 90-day 
        period designated by the agency head under paragraph (1), 
        unless the agency head determines that, in order to ensure the 
        performance of the agency's mission, the employee must agree to 
        continue in service until a later date, but not later than 2 
        years after such last day of the 90-day period.
    (c) Amount and Treatment of Payments.--A voluntary separation 
incentive--
            (1) shall be paid in a lump sum after the employee's 
        separation;
            (2) shall be equal to the lesser of--
                    (A) 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
                    (B) $25,000;
            (3) shall not be a basis for payment, and shall not be 
        included in the computation, of any other type of Government 
        benefit;
            (4) shall not be taken into account in determining the 
        amount of any severance pay to which an employee may be 
        entitled under section 5595 of title 5, United States Code, 
        based on any other separation; and
            (5) shall be paid from appropriations or funds available 
        for the payment of the basic pay of the employee.
    (d) Effect of Subsequent Employment With the Government.--
            (1) In general.--An employee who has received a voluntary 
        separation incentive under this section and accepts employment 
        with the Government of the United States within 2 years of the 
        date of the separation on which payment of the incentive is 
        based shall be required to repay the entire amount of the 
        incentive to the agency that paid the incentive.
            (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 
        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 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 exceptional 
        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 Congress 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 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 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 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 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 exceptional 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 receives 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 
required 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 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 
exceptional difficulty in recruiting a qualified employee.''.

SEC. 5. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND.

    (a) In General.--Section 8334 of title 5, United States Code, is 
amended by adding at the end the following 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 retires 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.

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