[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3870 Received in Senate (RDS)]
2d Session
H. R. 3870
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 1996
Received
_______________________________________________________________________
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; and
(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.
Passed the House of Representatives July 29, 1996.
Attest:
ROBIN H. CARLE,
Clerk.