[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1535 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1535

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 SENATE OF THE UNITED STATES

            October 7 (legislative day, September 27), 1993

  Mr. Glenn (for himself, Mr. Stevens, and Mr. Pryor) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 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. EMPLOYEE TRAINING.

    (a) In General.--Chapter 41 of title 5, United States Code, is 
amended--
            (1) in section 4101(4) by striking out ``fields'' and all 
        that follows through the semicolon and inserting in lieu 
        thereof ``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 out ``In'' and 
                all that follows through ``proficiency'' and inserting 
                in lieu thereof ``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 out 
                        ``determines'' and all that follows through the 
                        period and inserting in lieu thereof 
                        ``determines that such training would be in the 
                        interests of the Government.'';
                            (ii) by striking out paragraph (2) and 
                        redesignating paragraph (3) as paragraph (2); 
                        and
                            (iii) in subparagraph (C) of paragraph (2) 
                        (as redesignated under clause (ii) of this 
                        subparagraph) by striking out ``retaining'' and 
                        all that follows through the period and 
                        inserting in lieu thereof ``such training.'';
            (3) in section 4105--
                    (A) in subsection (a) by striking out ``(a)''; and
                    (B) by striking out subsections (b) and (c);
            (4) by repealing section 4106;
            (5) in section 4107--
                    (A) by amending the section heading to read as 
                follows:
``Sec. 4107. Restriction on degree training'';
                    (B) by striking out subsections (a) and (b) and 
                redesignating subsections (c) and (d) as subsections 
                (a) and (b), respectively;
                    (C) by amending subsection (a) (as redesignated 
                under subparagraph (B) of this paragraph)--
                            (i) by striking out ``subsection (d)'' and 
                        inserting in lieu thereof ``subsection (b)''; 
                        and
                            (ii) by striking out ``by, in, or through a 
                        non-Government facility''; and
                    (D) by amending paragraph (1) of subsection (b) (as 
                redesignated under subparagraph (B) of this paragraph) 
                by striking out ``subsection (c)'' and inserting in 
                lieu thereof ``subsection (a)'';
            (6) in section 4108(a) by striking out ``by, in, or through 
        a non-Government facility under this chapter'' and inserting in 
        lieu thereof ``for more than a minimum period prescribed by the 
        head of the agency'';
            (7) in section 4113(b) by striking out all that follows the 
        first sentence;
            (8) by repealing section 4114; and
            (9) in section 4118--
                    (A) in subsection (a)(7) by striking out ``by, in, 
                and through non-Government facilities'';
                    (B) by striking out subsection (b); and
                    (C) by redesignating subsections (c) and (d) as 
                subsections (b) and (c), respectively.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 41 of title 5, United States Code, is amended--
            (1) by striking out 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 take 
effect on the date of enactment of this Act.

SEC. 3. VOLUNTARY SEPARATION INCENTIVES.

    (a) Definitions.--For purposes of this section, the term--
            (1) ``agency'' means an Executive agency, as defined under 
        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) ``employee'' means an employee, as defined under 
        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) Authority To Make Payment.--(1) 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 payment to 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 the factors 
        described under subparagraphs (A) through (C).
    (2) In order to receive an incentive payment under paragraph (1), 
an employee shall separate from service with the agency (whether by 
retirement or resignation) during the 90-day period described under 
paragraph (3).
    (3) The head of an agency shall designate a continuous 90-day 
period for purposes of separation under this subsection for such agency 
or any component thereof. Such 90-day period shall begin no earlier 
than the date of the enactment of this Act and shall end no later than 
September 30, 1994.
    (4) Notwithstanding the provisions of paragraphs (2) and (3), an 
employee may receive an incentive payment under this section and delay 
a separation from service if--
            (A) the agency head determines that it is necessary to 
        delay such employee's separation from service in order to 
        ensure the performance of the agency's mission; and
            (B) no later than 2 years after the date of the last day of 
        the 90-day period designated under paragraph (3), such employee 
        separates from service in the agency.
    (c) Voluntary Separation Incentive Payment.--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) Subsequent Employment and Repayment of Incentive Payment.--(1) 
An employee who has received a voluntary separation incentive payment 
under this section and accepts employment with the Government of the 
United States within 5 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 payment to the agency that paid the incentive 
payment.
    (2) If the employment is with an Executive agency (as defined under 
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.
    (3) 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.
    (4) 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 section.
    (f) Judicial Branch Program.--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) Reduction Goals.--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 such result.

SEC. 4. SUBSEQUENT EMPLOYMENT AND REPAYMENT OF SEPARATION PAYMENT.

    (a) Defense Agency Separation Pay.--Section 5597 of title 5, United 
States Code, is amended by adding at the end thereof the following new 
subsection:
    ``(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 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.
    ``(2) If the employment is with an Executive agency (as defined 
under 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.
    ``(3) 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.
    ``(4) 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 Separation Payment.--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 thereof the 
following: ``An employee who receives separation pay under this section 
on the basis of a separation occurring on or after the date of the 
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 under 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. FUNDING OF EARLY RETIREMENTS IN CIVIL SERVICE RETIREMENT 
              SYSTEM.

    (a) In General.--Section 8334 of title 5, United States Code, is 
amended by adding at the end thereof the following new subsection:
    ``(l) 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) Effective Date.--The amendment made by this section shall apply 
with respect to retirements occurring on or after the date of the 
enactment of this Act.

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