[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4382 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4382

To amend title 5, United States Code, to provide temporary authority to 
offer voluntary separation incentives and early retirement to civilian 
      employees of the Department of the Air Force and to provide 
    experimental hiring and personnel management authority for the 
Department for the purpose of maintaining continuity in the skill level 
  of employees and adapting workforce skills to emerging technologies 
                critical to the needs of the Department.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2000

Mr. Hall of Ohio (for himself and Mr. Hobson) introduced the following 
     bill; which was referred to the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to provide temporary authority to 
offer voluntary separation incentives and early retirement to civilian 
      employees of the Department of the Air Force and to provide 
    experimental hiring and personnel management authority for the 
Department for the purpose of maintaining continuity in the skill level 
  of employees and adapting workforce skills to emerging technologies 
                critical to the needs of the Department.

    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 ``Air Force Work Force Renewal Act''.

SEC. 2. TEMPORARY AUTHORITY REGARDING VOLUNTARY SEPARATION INCENTIVES 
              AND EARLY RETIREMENT FOR EMPLOYEES OF THE DEPARTMENT OF 
              THE AIR FORCE.

    (a) Separation Pay.--Section 5597(b) of title 5, United States 
Code, is amended by adding at the end the following: ``Under such 
program separation pay may also be offered for the purpose of 
maintaining continuity of skills among employees of the Department of 
the Air Force and adapting the skills of the workforce of such 
Department to emerging technologies critical to the needs and goals of 
such Department.''.
    (b) Retirement Under Civil Service Retirement System.--Section 8336 
of such title is amended by adding at the end the following new 
subsection:
    ``(o)(1) An employee of the Department of the Air Force who is 
separated from the service voluntarily as a result of a determination 
described in paragraph (2) after completing 25 years of service or 
after becoming 50 years of age and completing 20 years of service is 
entitled to an annuity.
    ``(2) A determination under this paragraph is a determination by 
the Secretary of the Air Force that the separation described in 
paragraph (1) is necessary for the purpose of maintaining continuity of 
skills among employees of the Department of the Air Force and adapting 
the skills of the workforce of the Department to emerging technologies 
critical to the needs and goals of the Department.''.
    (c) Retirement Under Federal Employees' Retirement System.--Section 
8414 of such title is amended by adding at the end the following new 
subsection:
    ``(d)(1) An employee of the Department of the Air Force who is 
separated from the service voluntarily as a result of a determination 
described in paragraph (2) after completing 25 years of service or 
after becoming 50 years of age and completing 20 years of service is 
entitled to an annuity.
    ``(2) A determination under this paragraph is a determination by 
the Secretary of the Air Force that the separation described in 
paragraph (1) is necessary for the purpose of maintaining continuity of 
skills among employees of the Department of the Air Force and adapting 
the skills of the workforce of the Department to emerging technologies 
critical to the needs and goals of the Department.''.
    (d) Limitation of Applicability.--The authority to provide 
separation pay and retirement benefits under the amendments made by 
this section--
            (1) may be exercised with respect to not more than 1000 
        civilian employees of the Department of the Air Force during 
        each calendar year; and
            (2) shall expire on the date that is five years after the 
        date of the enactment of this Act.

SEC. 3. AIR FORCE EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR 
              TECHNICAL PERSONNEL.

    (a) Program Authorized.--During the 5-year period beginning on the 
date of the enactment of this Act, the Secretary of the Air Force may 
carry out a program of experimental use of the special personnel 
management authority provided in subsection (b) in order to facilitate 
recruitment of civilian personnel to perform the following:
            (1) Research and exploratory or advanced development.
            (2) Acquisition of major weapons systems, excluding 
        sustainment activities.
    (b) Special Personnel Management Authority.--(1) Under the program, 
the Secretary may--
            (A) appoint eminent scientists and engineers from outside 
        the civil service and uniformed services (as such terms are 
        defined in section 2101 of title 5, United States Code) to not 
        more than 62 positions in the Department of the Air Force 
        without regard to the provisions of such title governing the 
        appointment of employees in the civil service, except that the 
        Secretary shall--
                    (i) provide for consideration of veterans' 
                preference eligibility as described in section 2108 of 
                such title; and
                    (ii) follow merit system principles, as established 
                in chapter 23 of such title;
            (B) prescribe the rates of basic pay for positions to which 
        employees are appointed under subparagraph (A) at rates not in 
        excess of the rate payable for positions at level I of the 
        Executive Schedule under section 5312 of such title; and
            (C) make payments to any employee appointed under 
        subparagraph (A) in addition to basic pay within the limitation 
        applicable to the employee under subsection (d)(1).
    (2) Of the 62 positions described in paragraph (1)--
            (A) 50 of such positions shall be allocated to 
        organizations performing research and exploratory or advanced 
        development; and
            (B) 12 of such positions shall be allocated to 
        organizations whose primary mission is the development and 
        acquisition of major weapons systems, excluding sustainment 
        activities.
    (c) Limitation on Term of Appointment.--(1) Except as provided in 
paragraph (2), the service of an employee under an appointment under 
subsection (b)(1) may not exceed 4 years.
    (2) The Secretary may, in the case of a particular employee, extend 
the period to which service is limited under paragraph (1) by not more 
than 2 years if the Secretary determines that such action in necessary 
to promote the efficiency of the Department of the Air Force.
    (d) Limitations on Additional Payments.--(1) The total amount of 
additional payments paid to an employee under subsection (b)(1)(C) for 
any 12-month period may not exceed the lesser of the following amounts:
            (A) $25,000.
            (B) The amount equal to 25 percent of the employee's annual 
        rate of basic pay.
    (2) An employee appointed under subsection (b)(1) is not eligible 
for a bonus, monetary award, or other monetary incentive for service 
other than payments authorized under subsection (b)(1)(C).
    (e) Period of Program.--(1) The program authorized under this 
section shall terminate at the end of the 5-year period referred to in 
subsection (a).
    (2) After the termination of the program--
            (A) no appointment may be made under subsection (b)(1);
            (B) a rate of basic pay prescribed under subsection 
        (b)(1)(B) may not take effect for a position; and
            (C) no period of service may be extended under subsection 
        (c).
    (f) Savings Provisions.--In the case of an employee who, on the day 
before the termination of the program, is serving in a position 
pursuant to an appointment under subsection (b)(1)--
            (1) the termination of the program shall not terminate the 
        employee's employment in that position before the expiration of 
        the lesser of--
                    (A) the period for which the employee was 
                appointed; or
                    (B) the period to which the employee's service is 
                limited under subsection (c), including any extension 
                made under paragraph (2) of that subsection before the 
                termination of the program; and
            (2) the rate of basic pay prescribed for the position under 
        subsection (b)(1)(B) may not be reduced for so long (within the 
        period applicable to the employee under paragraph (1)) as the 
        employee continues to serve in the position without a break in 
        service.
    (g) Annual Report.--(1) Not later than October 15 of each of years 
2001 through 2006, the Secretary shall submit a report on the program 
to the Committees on Armed Services of the Senate and the House of 
Representatives.
    (2) The annual report shall contain, for the period covered by the 
report, the following:
            (A) A detailed discussion of the exercise of authority 
        under this section.
            (B) The sources from which individuals appointed under 
        subsection (b)(1) were recruited.
            (C) The methodology used for identifying and selecting such 
        individuals.
            (D) Any additional information that the Secretary considers 
        helpful for assessing the utility of the authority under this 
        section.

SEC. 4. AIR FORCE EXPERIMENTAL HIRING PROGRAM.

    (a) Program Authorized.--During the 5-year period beginning on the 
date of the enactment of this Act, the Secretary of the Air Force may 
carry out a program of experimental use of the authority provided in 
subsections (b), (c), and (d) in order to facilitate recruitment of 
civilian personnel to carry out the following:
            (1) Research and exploratory or advanced development.
            (2) Acquisition of major weapons systems, excluding 
        sustainment activities.
    (b) Category Ranking.--(1) Notwithstanding sections 3309, 3313, 
3317(a), and 3318(a) of title 5, United States Code, the Secretary may 
provide that applicants for positions in the Department of the Air 
Force be evaluated according to a quality category rating system based 
on relative degrees of merit, rather than according to numerical 
ratings.
    (2) Under the system described in paragraph (1), each applicant who 
meets the minimum qualification requirements shall be assigned to the 
appropriate category based on an evaluation of the quality of the 
applicant's knowledge, skills, and abilities relative to successful 
performance in the position to be filled.
    (3) Within each such quality category, applicants who are eligible 
for veterans' preference under section 2108 of such title shall have 
priority over applicants who are not eligible for such preference.
    (4)(A) Each applicant, other than applicants for scientific and 
professional positions at the GS-9 level or above, or the equivalent, 
who meets the minimum qualifications requirements and who is eligible 
for veterans' preference under section 2108(3)(C) of such title and who 
has a compensable service-connected disability of 10 percent or more 
shall have the highest priority in the quality category.
    (B) Applicants for scientific or professional positions at the GS-9 
level or above, or the equivalent, shall be listed within their 
category grouping, except that applicants who are eligible for 
veterans' preference under such section 2108 shall have priority over 
applicants who are not eligible for preference. Among preference 
eligibles, preference shall be given without regard to the type of 
preference.
    (5) Under the system described in paragraph (1), an appointing 
official may select any qualified applicant within the highest 
category, except that such an official may not pass over a preference 
eligible for an individual who is not a preference eligible in the same 
category unless the requirements of section 3312(b) or 3318(b) of title 
5, United States Code, are satisfied. If fewer than 3 applicants have 
been assigned to the highest category, an appointing official may 
select any qualified applicant in the next lower category or 
categories, if necessary to provide a pool of at least 3 qualified 
applicants. An appointing official may not pass over a preference 
eligible applicant to select a nonpreference eligible applicant in a 
lower category.
    (c) Shortage and Critical Need Hiring Authority.--(1) 
Notwithstanding section 3304(b) of title 5, United States Code, the 
Secretary of the Air Force may appoint individuals into the competitive 
service to fill civilian positions in the Department of the Air Force 
without competition, provided public notice has been given and the 
positions meet one of the following criteria:
            (A) There is a severe shortage of qualified candidates for 
        the position.
            (B) There is a need for expedited hiring for the position.
            (C) The position is unique and has special qualifications.
            (D) The position has a historically high turnover rate.
    (2) The Secretary may appoint individuals with exceptional academic 
qualifications or special experience to positions described in 
paragraph (1). Individuals who qualify on the basis of education must 
possess a cumulative grade point average of 3.5 or higher on a 4.0 
scale (or the equivalent grade point average on a different scale).
    (3) Applicants who are eligible for veterans' preference under 
section 2108 of title 5, United States Code, shall have priority over 
applicants who are not eligible for such preference. Among preference 
eligibles, a preference eligible applicant under subparagraphs (C) 
through (G) of section 2108(3) of such title shall have priority over 
an applicant who is eligible for preference under subparagraphs (A) or 
(B) of such section. An appointing official may not pass over a 
preference eligible applicant to select a nonpreference eligible 
applicant unless the requirements of section 3312(b) or 3318(b) of such 
title are satisfied.
                                 <all>