[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3345 Reported in House (RH)]

                                                 Union Calendar No. 211

103d CONGRESS

  1st Session

                               H. R. 3345

                          [Report No. 103-386]

_______________________________________________________________________

                                 A BILL

To amend title 5, United States Code, to eliminate certain restrictions 
   on employee training; to provide temporary authority to agencies 
  relating to voluntary separation incentive payments; and for other 
                               purposes.

_______________________________________________________________________

                           November 19, 1993

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                 Union Calendar No. 211
103d CONGRESS
  1st Session
                                H. R. 3345

                          [Report No. 103-386]

To amend title 5, United States Code, to eliminate certain restrictions 
   on employee training; to provide temporary authority to agencies 
  relating to voluntary separation incentive payments; and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 22, 1993

Mr. Clay (for himself, Mrs. Schroeder, Mr. McCloskey, Mr. Ackerman, Mr. 
Sawyer, Mr. Kanjorski, Ms. Norton, Miss Collins of Michigan, Ms. Byrne, 
 Mr. Watt, Mr. Wynn, Mr. Laughlin, Mr. Bishop, Mr. Brown of Ohio, Mr. 
    Hastings, Mr. Young of Alaska, Mrs. Morella, and Mr. Boehlert) 
 introduced the following bill; which was referred to the Committee on 
                     Post Office and Civil Service

                           November 19, 1993

                    Additional sponsor: Mrs. Unsoeld

                           November 19, 1993

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to eliminate certain restrictions 
   on employee training; to provide temporary authority to agencies 
  relating to voluntary separation incentive payments; 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)--
                            (i) by striking ``In'' and all that follows 
                        through ``maintain'' and inserting ``In order 
                        to assist in achieving an agency's mission and 
                        performance goals by improving employee and 
                        organizational performance, the head of each 
                        agency, in conformity with this chapter, shall 
                        establish, operate, maintain, and evaluate'';
                            (ii) by striking ``and'' at the end of 
                        paragraph (2);
                            (iii) by redesignating paragraph (3) as 
                        paragraph (4); and
                            (iv) by inserting after paragraph (2) the 
                        following:
            ``(3) provide that information concerning the selection and 
        assignment of employees for training and the applicable 
        training limitations and restrictions be made available to 
        employees of the agency; and''; 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.''; and
                            (ii) by striking paragraph (2) and 
                        redesignating paragraph (3) as paragraph (2);
            (3) in section 4105--
                    (A) in subsection (a) by striking ``(a)''; and
                    (B) by striking subsections (b) and (c);
            (4) by repealing 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)--
                    (A) in the first sentence by striking ``annually to 
                the Office,'' and inserting ``to the Office, at least 
                once every 3 years, and''; and
                    (B) by striking the matter following the first 
                sentence and inserting the following: ``The report 
                shall set forth--
            ``(1) information needed to determine that training is 
        being provided in a manner which is in compliance with 
        applicable laws intended to protect or promote equal employment 
        opportunity; and
            ``(2) information concerning the expenditures of the agency 
        in connection with training and such other information as the 
        Office considers appropriate.'';
            (8) by repealing 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) Technical and Conforming Amendments.--Title 5, United States 
Code, is amended--
            (1) in section 3381(e) by striking ``4105(a),'' and 
        inserting ``4105,''; and
            (2) in the analysis for chapter 41--
                    (A) by repealing the items relating to sections 
                4106 and 4114; and
                    (B) 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 by 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 by 
        section 2105 of title 5, United States Code) who is employed by 
        an agency, is serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 12 months; such term includes 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) Authority.--
            (1) In general.--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, 
        and subject to paragraphs (2) and (3), the head of an agency 
        may pay, or authorize the payment of, voluntary separation 
        incentive payments to agency employees--
                    (A) in any component of the agency;
                    (B) in any occupation;
                    (C) in any geographic location; or
                    (D) on the basis of any combination of factors 
                under subparagraphs (A) through (C).
            (2) Requirements applicable to employees.--
                    (A) In general.--In order to receive an incentive 
                payment, an employee must agree, during the applicable 
                period under subparagraph (B), to separate from service 
                with the agency (whether by retirement or resignation) 
                before such period ends.
                    (B) Designation of period.--The applicable period, 
                for purposes of any agency component, occupation, 
                geographic location, or combination thereof--
                            (i) shall be a continuous 90-day period;
                            (ii) shall be designated by the head of the 
                        agency involved; and
                            (iii) shall end not later than Decem- ber 
                        31, 1994.
                    (C) Exception.--An employee who does not separate 
                from service before the end of the applicable period 
                under subparagraph (B) shall be ineligible for an 
                incentive payment under this section unless--
                            (i) the agency head determines that, in 
                        order to ensure the performance of the agency's 
                        mission, it is necessary to delay such 
                        employee's separation; and
                            (ii) the employee completes any additional 
                        period of service agreed to (ending not later 
                        than 2 years after the last day of the period 
                        otherwise applicable under subparagraph (B)).
            (3) Requirements applicable to agencies.--Before offering 
        any voluntary separation incentive payments to employees within 
        any agency component, occupation, geographic location, or 
        combination thereof, the head of the agency involved shall make 
        available to all employees of such agency, and to the exclusive 
        representative of any such employees, a written plan which--
                    (A) shall specify which agency components, 
                occupations, geographic locations, or combinations 
                thereof have been identified for incentives, and the 
                percentage of employees within each who are supervisors 
                or managers;
                    (B) shall indicate the beginning and ending dates 
                of any periods under paragraph (2)(B), and the agency 
                components, occupations, geographic locations, or 
                combinations thereof to which they apply;
                    (C) shall state whether any additional personnel 
                reductions are anticipated after any exercise of 
                authority under this section and, if so, what types of 
                retraining, placement, or other similar measures will 
                be provided in order to avoid involuntary separations; 
                and
                    (D) shall include any other information which may 
                be necessary in order to permit employees who are 
                eligible for voluntary separation incentive payments to 
                make an informed decision.
    (c) Amount and Treatment of Payments.--A voluntary separation 
incentive payment--
            (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 payment under this section and accepts 
        employment with the Government of the United States within 2 
        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 agency that paid the incentive 
        payment.
            (2) Waiver authority.--
                    (A) Executive 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.
                    (B) Legislative branch.--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.
                    (C) Judicial branch.--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 subsections (a) through (d).
    (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) for individuals serving in the judicial 
branch.

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)(1) 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 after 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.
    ``(2)(A) 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.
    ``(B) 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.
    ``(C) 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 after 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)(1) 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 basic pay of each employee of the agency who 
retires under section 8336(d).
    ``(2) For the purpose of this subsection, 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.''.
    (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.