[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3870 Enrolled Bill (ENR)]

        H.R.3870

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
To authorize the Agency for International Development to offer voluntary 
       separation 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,

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 application, 
        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 separation;
            (E) an employee who, upon completing an additional period 
        of service, as referred to in section 3(b)(2)(B)(ii) 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 voluntary 
        separation incentive payment by the Government of the United 
        States under this Act or any other authority and has not repaid 
        such payment;
            (G) an employee covered by statutory reemployment rights 
        who is on transfer to another organization; or
            (H) 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 incentive payments have been completed.
        (2) Contents.--The agency's plan shall include--
            (A) the positions and functions to be reduced or 
        eliminated, identified by organizational unit, geographic 
        location, 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 payment 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 strategic 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 entitled to 
            payment 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 resignation) 
        before February 1, 1997;
            (E) shall not be a basis for payment, and shall not be 
        included in the computation, of any other type of Government 
        benefit; and
            (F) shall not be taken into account in determining the 
        amount of any severance pay to which the employee may be 
        entitled under section 5595 of title 5, United States Code, 
        based on any other separation.
    (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 voluntary 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 employee'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 Government.--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 payment is 
based shall be required to pay, prior to the individual's first day of 
employment, 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 incentive payment under this 
    Act. For the purposes of this subsection, positions shall be 
    counted on a full-time-equivalent basis.
        (2) Enforcement.--The President, through the Office of 
    Management and Budget, shall monitor the agency and take any action 
    necessary to ensure that the requirements of this subsection are 
    met.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.