[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2674 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2674

To amend title 5, United States Code to provide for realignment of the 
                    Department of Defense workforce.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2000

  Mr. Voinovich (for himself and Mr. DeWine) 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 provide for realignment of the 
                    Department of Defense workforce.

    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 ``Department of Defense Civilian 
Workforce Realignment Act of 2000''.

SEC. 2. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS IN REDUCTIONS 
              IN FORCE.

    Section 3502(f)(5) of title 5, United States Code, is amended by 
striking ``September 30, 2001'' and inserting ``September 30, 2005''.

SEC. 3. EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES FOR USE OF 
              VOLUNTARY SEPARATION INCENTIVE PAY AND VOLUNTARY EARLY 
              RETIREMENT.

    (a) Extension of Authority.--Subsection (e) of section 5597 of 
title 5, United States Code, is amended by striking ``September 30, 
2003'' and inserting ``September 30, 2005''.
    (b) Revision and Addition of Purposes for Department of Defense 
VSIP.--Subsection (b) of such section is amended by inserting after 
``transfer of function,'' the following: ``restructuring of the 
workforce (to meet mission needs, to achieve one or more strength 
reductions, to correct skill imbalances, or to reduce the number of 
high-grade, managerial, or supervisory positions),''.
    (c) Installment Payments.--Subsection (d) of such section is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) shall be paid in a lump-sum or in installments;'';
            (2) by striking ``and'' at the end of paragraph (3);
            (3) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(5) if paid in installments, shall cease to be paid upon 
        the recipient's acceptance of employment by the Federal 
        Government as described in subsection (g)(1).''.

SEC. 4. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY RETIREMENT 
              AUTHORITY.

    (a) Civil Service Retirement System.--Section 8336 of title 5, 
United States Code, is amended--
            (1) in subsection (d)(2), by inserting ``except in the case 
        of an employee described in subsection (o)(1),'' after ``(2)''; 
        and
            (2) by adding at the end the following:
    ``(o)(1) An employee of the Department of Defense who, before 
October 1, 2005, is separated from the service after completing 25 
years of service or after becoming 50 years of age and completing 20 
years of service is entitled to an immediate annuity under this 
subchapter if the employee is eligible for the annuity under paragraph 
(2) or (3).
    ``(2)(A) An employee referred to in paragraph (1) is eligible for 
an immediate annuity under this paragraph if the employee--
            ``(i) is separated from the service involuntarily other 
        than for cause; and
            ``(ii) has not declined a reasonable offer of another 
        position in the Department of Defense for which the employee is 
        qualified, which is not lower than 2 grades (or pay levels) 
        below the employee's grade (or pay level), and which is within 
        the employee's commuting area.
    ``(B) For the purposes of paragraph (2)(A)(i), a separation for 
failure to accept a directed reassignment to a position outside the 
commuting area of the employee concerned or to accompany a position 
outside of such area pursuant to a transfer of function may not be 
considered to be a removal for cause.
    ``(3) An employee referred to in paragraph (1) is eligible for an 
immediate annuity under this paragraph if the employee satisfies all of 
the following conditions:
            ``(A) The employee is separated from the service 
        voluntarily during a period in which the organization within 
        the Department of Defense in which the employee is serving is 
        undergoing a major organizational adjustment, as determined by 
        the Secretary of Defense.
            ``(B) The employee has been employed continuously by the 
        Department of Defense for more than 30 days before the date on 
        which the head of the employee's organization requests the 
        determinations required under subparagraph (A).
            ``(C) The employee is serving under an appointment that is 
        not limited by time.
            ``(D) The employee is not in receipt of a decision notice 
        of involuntary separation for misconduct or unacceptable 
        performance.
            ``(E) The employee is within the scope of an offer of 
        voluntary early retirement, as defined on the basis of one or 
        more of the following objective criteria:
                    ``(i) One or more organizational units.
                    ``(ii) One or more occupational groups, series, or 
                levels.
                    ``(iii) One or more geographical locations.
                    ``(iv) Any other similar criteria that the 
                Secretary of Defense determines appropriate.
    ``(4) The determinations necessary for establishing the eligibility 
of a person for an immediate annuity under paragraph (2) or (3) shall 
be made in accordance with regulations prescribed by the Secretary of 
Defense.
    ``(5) In this subsection, the term `major organizational 
adjustment' means any of the following:
            ``(A) A major reorganization.
            ``(B) A major reduction in force.
            ``(C) A major transfer of function.
            ``(D) A workforce restructuring--
                    ``(i) to meet mission needs;
                    ``(ii) to achieve one or more reductions in 
                strength;
                    ``(iii) to correct skill imbalances; or
                    ``(iv) to reduce the number of high-grade, 
                managerial, supervisory, or similar positions.''.
    (b) Federal Employees' Retirement System.--Section 8414 of such 
title is amended--
            (1) in subsection (b)(1)(B), by inserting ``except in the 
        case of an employee described in subsection (d)(1),'' after 
        ``(B)''; and
            (2) by adding at the end the following:
    ``(d)(1) An employee of the Department of Defense who, before 
October 1, 2005, is separated from the service after completing 25 
years of service or after becoming 50 years of age and completing 20 
years of service is entitled to an immediate annuity under this 
subchapter if the employee is eligible for the annuity under paragraph 
(2) or (3).
    ``(2)(A) An employee referred to in paragraph (1) is eligible for 
an immediate annuity under this paragraph if the employee--
            ``(i) is separated from the service involuntarily other 
        than for cause; and
            ``(ii) has not declined a reasonable offer of another 
        position in the Department of Defense for which the employee is 
        qualified, which is not lower than 2 grades (or pay levels) 
        below the employee's grade (or pay level), and which is within 
        the employee's commuting area.
    ``(B) For the purposes of paragraph (2)(A)(i), a separation for 
failure to accept a directed reassignment to a position outside the 
commuting area of the employee concerned or to accompany a position 
outside of such area pursuant to a transfer of function may not be 
considered to be a removal for cause.
    ``(3) An employee referred to in paragraph (1) is eligible for an 
immediate annuity under this paragraph if the employee satisfies all of 
the following conditions:
            ``(A) The employee is separated from the service 
        voluntarily during a period in which the organization within 
        the Department of Defense in which the employee is serving is 
        undergoing a major organizational adjustment, as determined by 
        the Secretary of Defense.
            ``(B) The employee has been employed continuously by the 
        Department of Defense for more than 30 days before the date on 
        which the head of the employee's organization requests the 
        determinations required under subparagraph (A).
            ``(C) The employee is serving under an appointment that is 
        not limited by time.
            ``(D) The employee is not in receipt of a decision notice 
        of involuntary separation for misconduct or unacceptable 
        performance.
            ``(E) The employee is within the scope of an offer of 
        voluntary early retirement, as defined on the basis of one or 
        more of the following objective criteria:
                    ``(i) One or more organizational units.
                    ``(ii) One or more occupational groups, series, or 
                levels.
                    ``(iii) One or more geographical locations.
                    ``(iv) Any other similar criteria that the 
                Secretary of Defense determines appropriate.
    ``(4) The determinations necessary for establishing the eligibility 
of a person for an immediate annuity under paragraph (2) or (3) shall 
be made in accordance with regulations prescribed by the Secretary of 
Defense.
    ``(5) In this subsection, the term `major organizational 
adjustment' means any of the following:
            ``(A) A major reorganization.
            ``(B) A major reduction in force.
            ``(C) A major transfer of function.
            ``(D) A workforce restructuring--
                    ``(i) to meet mission needs;
                    ``(ii) to achieve one or more reductions in 
                strength;
                    ``(iii) to correct skill imbalances; or
                    ``(iv) to reduce the number of high-grade, 
                managerial, supervisory, or similar positions.''.
    (c) Conforming Amendments.--(1) Section 8339(h) of such title is 
amended by striking out ``or (j)'' in the first sentence and inserting 
``(j), or (o)''.
    (2) Section 8464(a)(1)(A)(i) of such title is amended by striking 
out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''.
    (d) Effective Date; Applicability.--The amendments made by this 
section--
            (1) shall take effect on October 1, 2000; and
            (2) shall apply with respect to an approval for voluntary 
        early retirement made on or after that date.

SEC. 5. RESTRICTIONS ON PAYMENTS FOR ACADEMIC TRAINING.

    (a) Sources of Postsecondary Education.--Subsection (a) of section 
4107 of title 5, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) any course of postsecondary education that is 
        administered or conducted by an institution not accredited by a 
        national or regional accrediting body (except in the case of a 
        course or institution for which standards for accrediting do 
        not exist or are determined by the head of the employee's 
        agency as being inappropriate), regardless of whether the 
        course is provided by means of classroom instruction, 
        electronic instruction, or otherwise.''.
    (b) Waiver of Restriction on Degree Training.--Subsection (b)(1) of 
such section is amended by striking ``if necessary'' and all that 
follows through the end and inserting ``if the training provides an 
opportunity for an employee of the agency to obtain an academic degree 
pursuant to a planned, systematic, and coordinated program of 
professional development approved by the head of the agency.''.
    (c) Conforming and Clerical Amendments.--The heading for such 
section is amended to read as follows:
``Sec. 4107. Restrictions''.
    (3) The item relating to such section in the table of sections at 
the beginning of chapter 41 of title 5, United States Code, is amended 
to read as follows:

``4107. Restrictions.''.

SEC. 6. STRATEGIC PLAN.

    (a) Requirement for Plan.--Not later than six months after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the appropriate committees of Congress a strategic plan for the 
exercise of the authorities provided or extended by the amendments made 
by this Act. The plan shall include an estimate of the number of 
Department of Defense employees that would be affected by the uses of 
authorities as described in the plan.
    (b) Consistency With DoD Performance and Review Strategic Plan.--
The strategic plan submitted under subsection (a) shall be consistent 
with the strategic plan of the Department of Defense that is in effect 
under section 306 of title 5, United States Code.
    (c) Appropriate Committees.--For the purposes of this section, the 
appropriate committees of Congress are as follows:
            (1) The Committee on Armed Services and the Committee on 
        Governmental Affairs of the Senate.
            (2) The Committee on Armed Services and the Committee on 
        Government Reform of the House of Representatives.
            ``(C) A major transfer of function.
            ``(D) A workforce restructuring--
                    ``(i) to meet mission needs;
                    ``(ii) to achieve one or more reductions in 
                strength;
                    ``(iii) to correct skill imbalances; or
                    ``(iv) to reduce the number of high-grade, 
                managerial, supervisory, or similar positions.''.
    (c) Conforming Amendments.--(1) Section 8339(h) of such title is 
amended by striking out ``or (j)'' in the first sentence and inserting 
``(j), or (o)''.
    (2) Section 8464(a)(1)(A)(i) of such title is amended by striking 
out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''.
    (d) Effective Date; Applicability.--The amendments made by this 
section--
            (1) shall take effect on October 1, 2000; and
            (2) shall apply with respect to an approval for voluntary 
        early retirement made on or after that date.

SEC. 5. RESTRICTIONS ON PAYMENTS FOR ACADEMIC TRAINING.

    (a) Sources of Postsecondary Education.--Subsection (a) of section 
4107 of title 5, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) any course of postsecondary education that is 
        administered or conducted by an institution not accredited by a 
        national or regional accrediting body (except in the case of a 
        course or institution for which standards for accrediting do 
        not exist or are determined by the head of the employee's 
        agency as being inappropriate), regardless of whether the 
        course is provided by means of classroom instruction, 
        electronic instruction, or otherwise.''.
    (b) Waiver of Restriction on Degree Training.--Subsection (b)(1) of 
such section is amended by striking ``if necessary'' and all that 
follows through the end and inserting ``if the training provides an 
opportunity for an employee of the agency to obtain an academic degree 
pursuant to a planned, systematic, and coordinated program of 
professional development approved by the head of the agency.''.
    (c) Conforming and Clerical Amendments.--The heading for such 
section is amended to read as follows:
``Sec. 4107. Restrictions''.
    (3) The item relating to such section in the table of sections at 
the beginning of chapter 41 of title 5, United States Code, is amended 
to read as follows:

``4107. Restrictions.''.

SEC. 6. STRATEGIC PLAN.

    (a) Requirement for Plan.--Not later than six months after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the appropriate committees of Congress a strategic plan for the 
exercise of the authorities provided or extended by the amendments made 
by this Act. The plan shall include an estimate of the number of 
Department of Defense employees that would be affected by the uses of 
authorities as described in the plan.
    (b) Consistency With DoD Performance and Review Strategic Plan.--
The strategic plan submitted under subsection (a) shall be consistent 
with the strategic plan of the Department of Defense that is in effect 
under section 306 of title 5, United States Code.
    (c) Appropriate Committees.--For the purposes of this section, the 
appropriate committees of Congress are as follows:
            (1) The Committee on Armed Services and the Committee on 
        Governmental Affairs of the Senate.
            (2) The Committee on Armed Services and the Committee on 
        Government Reform of the House of Representatives.
                                 <all>