[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2487 Introduced in House (IH)]

  1st Session
                                H. R. 2487

   To amend title 5, United States Code, to allow periods of certain 
     service performed as an employee under certain Federal-State 
  cooperative programs to be creditable for purposes of civil service 
                              retirement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 17, 1995

   Mr. Rose introduced the following bill; which was referred to the 
 Committee on Government Reform and Oversight, and in addition to the 
     Committees on Agriculture, and the Budget, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To amend title 5, United States Code, to allow periods of certain 
     service performed as an employee under certain Federal-State 
  cooperative programs to be creditable for purposes of civil service 
                              retirement.

    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 ``Agricultural Extended Retirement 
Credit Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to extend creditable service, for purposes of the Civil 
        Service Retirement System, for periods of service in certain 
        qualified Federal-State cooperative programs which had 
        agricultural or related purposes;
            (2) to expedite the retirement of certain Federal 
        Government employees, thereby mitigating potentially adverse 
        effects of deficit control measures on the welfare of those and 
        other employees of the Department of Agriculture; and
            (3) to effect savings in budget authority and outlays in 
        the Department of Agriculture in such a manner that the 
        potential for adverse effects on program effectiveness is 
        minimized.

SEC. 3. EXTENSION OF CREDITABLE SERVICE.

    (a) Definition.--Section 8331 of title 5, United States Code, is 
amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (25);
            (2) by striking the period at the end of paragraph (26) and 
        inserting ``; and''; and
            (3) by adding after such paragraph (26) the following:
            ``(27) `extended credit' means creditable service for 
        periods of service in Federal-State cooperative programs under 
        section 8332(b)(17).''.
    (b) Creditable Service.--Section 8332(b) of title 5, United States 
Code, is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (15);
            (2) by striking the period at the end of paragraph (16) and 
        inserting ``; and''; and
            (3) by adding after such paragraph (16) the following:
            ``(17) subject to sections 8334(c) and 8339(i), service 
        performed before January 1, 1984, by an individual in the 
        employ of a State who performed duties related to the carrying 
        out of a Federal-State cooperative program described in 
        subsection (o)(1) of this section--
                    ``(A) only if (i) the individual was later employed 
                in a position which at that time was subject to this 
                subchapter, and (ii) the individual, or the 
                individual's survivor, makes application for 
                certification of credit for such service on or before 
                the 150th day following the date of the enactment of 
                the Agricultural Extended Retirement Credit Act; and
                    ``(B) if the individual is an employee of the 
                Federal Government on the date of enactment of the 
                Agricultural Extended Retirement Credit Act, other than 
                as a reemployed annuitant, and if, after having 
                received extended credit, the individual is, or becomes 
                eligible for immediate retirement on or before August 1 
                of the fiscal year in which the `hiring limitation 
                period' (within the meaning of section 4 of the 
                Agricultural Extended Retirement Credit Act) ends, only 
                if the individual retires either on or before the 240th 
                day following the date of enactment of the Agricultural 
                Extended Retirement Credit, or on or before the 60th 
                day following the date on which eligibility for 
                immediate retirement is attained, whichever occurs 
                later.''.
    (c) Certification.--Section 8332(b) of title 5, United States Code, 
is further amended by adding at the end the following: ``The Office of 
Personnel Management shall accept the certification of the Secretary of 
Agriculture, or his designee, concerning service for the purposes of 
this subchapter of the type described in paragraph (17).''.
    (d) Description of Federal-State Cooperative Programs.--Section 
8332 of title 5, United States Code, is amended by adding at the end 
the following:
    ``(o)(1) The Federal-State cooperative programs described in this 
subsection for which creditable service is allowable under subsection 
(b)(17) of this section are as follows:
            ``(A) The Federal-State cooperative program of agricultural 
        research of the State agricultural experiment stations as 
        defined in section 1 of the Act entitled `An Act to consolidate 
        the Hatch Act of 1887 and laws supplementary thereto relating 
        to the appropriation of Federal funds for support of 
        agricultural experiment stations in the States, Alaska, Hawaii, 
        and Puerto Rico', approved August 11, 1955, as amended (69 
        Stat. 671).
            ``(B) The Federal-State cooperative program of forestry 
        research at eligible institutions of the State as defined in 
        section 2 of the Act entitled `An Act to authorize the 
        Secretary of Agriculture to encourage and assist the several 
        States in carrying on a program of forestry research, and for 
        other purposes', approved October 10, 1962, as amended (76 
        Stat. 806), and popularly referred to as the McIntire-Stennis 
        Act.
            ``(C) The Federal-State cooperative program of agricultural 
        research for the fiscal year ending June 30, 1967, and later 
        fiscal years at the 1890 land-grant colleges, including 
        Tuskegee Institute, as defined in section 1445(a) of the Act 
        entitled the `National Agricultural Research, Extension, and 
        Teaching Policy Act of 1977', approved September 29, 1977, as 
        amended (91 Stat. 1009).
            ``(D) The Federal-State cooperative program of agricultural 
        extension work authorized by the Act entitled `An Act to 
        provide for cooperative agricultural extension work between the 
        agricultural colleges in the several States receiving the 
        benefits of an Act of Congress approved July 2, 1862, and of 
        Acts supplementary thereto, and the United States Department of 
        Agriculture', approved May 8, 1914 (38 Stat. 372), and Acts 
        supplementary thereto.
            ``(E) The Federal-State cooperative program of vocational 
        education, including, but not limited to, State programs of 
        instruction in vocational agriculture and home economics, 
        authorized by the Act entitled `An Act to provide for the 
        promotion of vocational education; to provide for cooperation 
        with the States in the promotion of such education in 
        agriculture and the trades and industries; to provide for 
        cooperation with the States in the preparation of teachers of 
        vocational subjects; and to appropriate money and regulate its 
        expenditure', approved February 23, 1917 (39 Stat. 929), and 
        Acts supplementary thereto.
            ``(F) The Federal-State cooperative program in marketing 
        service and research authorized by the Act entitled the 
        `Agricultural Marketing Act of 1946', approved August 14, 1946 
        (60 Stat. 1087), and predecessor programs, including, but not 
        limited to, programs to inspect, certify, and identify the 
        class, quality, quantity, and condition of agricultural 
        products shipped or received in interstate commerce.
            ``(G) The Federal-State cooperative program for the control 
        of plant pests and animal diseases authorized by the subheading 
        `Federal Horticulture Board' under the heading `Department of 
        Agriculture' of the Act entitled `An Act making appropriations 
        to supply urgent deficiencies in appropriations for the fiscal 
        year ending June 30, 1918, and prior fiscal years, on account 
        of war expenses, and for other purposes', approved October 6, 
        1917 (40 Stat. 374); by section 102 of the Act entitled the 
        `Department of Agriculture Organic Act of 1944', approved 
        September 21, 1944 (58 Stat. 734); by the joint resolution 
        entitled `Joint resolution making funds available for the 
        control of incipient or emergency outbreaks of insect pests or 
        plant diseases, including grasshoppers, mormon crickets, and 
        chinch bugs', approved April 6, 1937 (50 Stat. 57); by the Act 
        entitled `An Act to provide for regulating, inspecting, 
        cleaning, and, when necessary, disinfecting railway cars, other 
        vehicles, and other materials entering the United States from 
        Mexico', approved January 31, 1942 (56 Stat. 40); by the Act 
        entitled `An Act to regulate the importation of nursery stock 
        and other plants and plant products; to enable the Secretary of 
        Agriculture to establish and maintain quarantine districts for 
        plant diseases and insect pests; to permit and regulate the 
        movement of fruits, plants, and vegetables therefrom, and for 
        other purposes', approved August 20, 1912 (37 Stat. 315); by 
        the first paragraph under the subheading `Enforcement of the 
        Plant-Quarantine Act' under the heading `Miscellaneous' of the 
        Act entitled `An Act making appropriations for the Department 
        of Agriculture for the fiscal year ending June 30, 1914', 
        approved March 4, 1913 (37 Stat. 853), insofar as such 
        paragraph relates to the importation of certain plants for 
        scientific purposes; by the second, third, and fourth 
paragraphs under the subheading `Enforcement of the Plant Quarantine 
Act' under the heading `Miscellaneous' of the Act `An Act making 
appropriations for the Department of Agriculture for the fiscal year 
ending June 30, 1916', approved March 4, 1915 (38 Stat. 1113); and by 
section 11 of the Act entitled `An Act for the establishment of a 
Bureau of Animal Industry, to prevent the exportation of diseased 
cattle, and to provide for the suppression and extirpation of 
pleuropneumonia and other contagious diseases among domestic animals', 
approved May 29, 1884 (23 Stat. 31).
            ``(H) The Federal-State cooperative programs of forest 
        protection, management, and improvement performed under 
        authority of the Act entitled `An Act to provide for the 
        protection of forest lands, for the reforestation of denuded 
        areas, for the extension of national forests, and for other 
        purposes, in order to promote the continuous production of 
        timber on the lands chiefly suitable therefore', approved June 
        7, 1924 (43 Stat. 653); of the `Cooperative Forest Management 
        Act' approved August 25, 1950 (64 Stat. 473); and of the 
        `Forest Pest Control Act', approved June 25, 1947 (61 Stat. 
        177); and the predecessor programs of any Act referred to in 
        this subparagraph.
            ``(I) The Federal-State cooperative programs of emergency 
        relief, including, but not limited to, State rural 
        rehabilitation corporation programs, established for the 
        purposes of the Federal Emergency Relief Act of 1933, approved 
        May 12, 1933 (48 Stat. 55); the Act entitled `An Act making an 
        additional appropriation to carry out the purposes of the 
        Federal Emergency Relief Act of 1933, for continuation of the 
        civil works program, and for other purposes', approved February 
        15, 1934 (48 Stat. 351); and title 11 of the Act entitled `An 
        Act making appropriations to supply deficiencies in certain 
        appropriations for the fiscal year ending June 30, 1934, and 
        prior fiscal years, to provide supplemental general and 
        emergency appropriations for the fiscal years ending June 30, 
        1934, and June 30, 1935, and for other purposes', approved June 
        19, 1934 (48 Stat. 1021).
            ``(J) The Federal-State Cooperative Veterans' educational 
        programs, including, but not limited to, part-time instruction 
        in on-the-farm training programs, as provided for in title II, 
        chapter IV, `Education of Veterans', of the `Serviceman's 
        Readjustment Act of 1944', approved June 22, 1944 (58 Stat. 
        287), and subsequent amendments and Acts pertaining thereto.
            ``(K) The Federal-State cooperative programs in wildlife 
        restoration and in fish restoration and management authorized 
        respectively by the Acts entitled `An Act to provide that the 
        United States shall aid these States in wildlife restoration 
        projects, and for other purposes', approved September 2, 1937 
        (50 Stat. 917) and popularly referred to as the Pittman-
        Robertson Act, and `An Act to provide that the United States 
        shall aid the States in fish restoration and management 
        projects, and for other purposes', approved August 9, 1950 and 
        popularly referred to as the Dingell-Johnson Act (64 Stat. 431) 
        and the program of animal damage control authorized by the Act 
        entitled `An Act to authorize the Secretary of Agriculture to 
        carry out his ten year cooperative program for the eradication, 
        suppression, or bringing under control of predatory and other 
        wild animals injurious to agriculture, horticulture, forestry, 
        animal husbandry, wild game, and other interests, and for the 
        suppression of rabies and tularemia in predatory or other wild 
        animals, and for other purposes', approved March 2, 1931 (46 
        Stat. 1468) as amended and supplemented.
    ``(2) Within 60 days following the date of enactment of the 
Agricultural Extended Requirement Credit Act, the Office of Personnel 
Management shall prescribe specific instructions to be followed by the 
Secretary of Agriculture in determining eligibility for extended credit 
for periods of service in the Federal-State cooperative programs 
enumerated in paragraph (1), and by individuals in making application 
for such extended credit.''.
    (e) Annuity Adjustments.--Section 8345 of title 5, United States 
Code, is amended by adding at the end the following:
    ``(m) If the Secretary of Agriculture certifies to the Office of 
Personnel Management creditable service for purposes of this subchapter 
of the type described in section 8332(b)(17) in response to application 
by an annuitant or survivor annuitant, then the annuity of the 
annuitant or survivor annuitant shall be adjusted on the first day of 
the month following the date of enactment of the Agricultural Extended 
Retirement Credit Act so that the amount of the annuity shall be the 
same as if the total creditable service of the employee or Member, on 
whose creditable service the annuity was computed, had included, on the 
original date on which the annuity was computed, the amount of service 
certified.''.

SEC. 4. LIMITATION ON REPLACEMENT OF RETIREES.

    (a) In General.--Notwithstanding any other provision of law, except 
as provided in subsection (b), an appointment may not be made to a 
position of civilian employment in the Department of Agriculture on any 
day during the hiring limitation period, unless the full-time employee 
equivalent of the total number of civilian employees in the Department, 
after such appointment on such day does not exceed the maximum 
authorized full-time employee equivalent number determined for such 
day, as provided in subsection (e)(2).
    (b) Waiver.--The Secretary of Agriculture or his designate may 
waive the application of subsection (a) in the case of a position or a 
category of positions in the Department of Agriculture if the Secretary 
(or his designee) determines that the estimated aggregate cost of such 
position or positions during the hiring limitation period does not 
exceed the estimated aggregate amount of user fees that will be 
collected by the Federal Government for services performed under a 
Federal Government program or programs during such period by an 
employee in such position or employees in such positions.
    (c) Inapplicability of Limitation to Inter-Agency Transfer.--
Subsection (a) does not prohibit the transfer of employees within the 
Department of Agriculture for the purpose of filling a vacancy in a 
Department of Agriculture position.
    (d) Inapplicability of Limitation During a Period of War or 
National Emergency.--Subsection (a) shall not apply during a period of 
war declared by the Congress or for a period of national emergency 
declared by the Congress or the President.
    (e) Definitions.--For the purposes of this section--
            (1) the term ``employee'' has the same meaning as provided 
        in section 2105 of title 5, United States Code;
            (2) the term ``maximum authorized full-time employee 
        equivalent number'' means the excess of--
                    (A) the smaller of the full-time employee 
                equivalent number that describes the total number of 
                employees employed in positions in the Department of 
                Agriculture on the day before the hiring limitation 
                retirement period commences, or the full-time employee 
                equivalent number that describes the maximum number of 
                employees authorized to be employed in the Department 
                of Agriculture under authority of the Act appropriating 
                funds to the Department of Agriculture for the fiscal 
                year in which occurs the day for which the maximum 
                authorized full-time employee equivalent number is 
                computed, over,
                    (B) the full-time employee equivalent number that 
                describes the total number of such employees who, on or 
                before the day for which the maximum authorized number 
                is computed, have retired during such period and who 
                received extended credit under provisions of this Act; 
                and
            (3) the term ``hiring limitation period'' means the period 
        beginning on the date 60 days after the date of enactment of 
        this Act and ending at the end of the fourth fiscal year which 
        begins on or after the first day of such period.

SEC. 5. LIMITATION ON USE OF SAVINGS.

    (a) In General.--(1) None of the budget authority and outlays saved 
in any fiscal year by reason of the reduced pay and other personnel 
costs and by reason of reduced direct support costs for personnel 
resulting from the implementation of this Act and the amendments made 
by this Act may be obligated or expended for any purpose. For purposes 
of this paragraph, ``reduced direct support costs for personnel'' shall 
be 60 percent of pay and other personnel costs.
    (2) The total amount of budget authority and outlays saved in any 
fiscal year (as described in paragraph (1)) shall, at the end of that 
fiscal year be carried to the surplus fund of the Department of 
Agriculture and deposited by the Secretary of Agriculture in the 
Treasury of the United States to the credit of the Civil Service 
Retirement and Disability Fund, as a contribution of the United States 
Government to such Fund, under such procedures as the Comptroller 
General of the United States may prescribe.
    (3) The total amount of budget authority and outlays saved in any 
fiscal year (as described in paragraph (1)) shall be credited against 
any amount of pay and other personnel and direct support costs required 
to be sequestered in such fiscal year under the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177).
    (b) Audits.--The Comptroller General of the United States shall 
notify Congress, in writing, of each noncompliance with the 
requirements of subsection (a).

SEC. 6. PROGRAM REPORT.

    (a) In General.--Not later than 1 year after the first day of the 
extended credit retirement period, the Director of the Office of 
Personnel Management shall transmit to Congress a report containing an 
evaluation of the extended credit retirement program and the limitation 
on replacement of retirees provided in this Act.
    (b) Contents of Report.--The report under subsection (a) shall 
include the following matters:
            (1) The number of employees who retired under the extended 
        credit retirement program, stated by age group of the retirees, 
        and by grade or other position classification of the retirees.
            (2) The amount of savings in pay, other personnel costs, 
        and direct costs that have resulted, before the date of the 
        report, from the implementation of this Act and the amendments 
        made by this Act.
    (c) Administrative Provision.--The Director of the Office of 
Personnel Management may obtain from any agency of the Federal 
Government such information as the Director determines necessary to 
prepare the report required by subsection (a).
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HR 2487 IH----2