[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3029 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3029

To reduce the size of the Federal workforce through attrition, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2011

Mr. Mulvaney (for himself, Mr. Issa, Mr. Ross of Florida, Mr. Chaffetz, 
  Mrs. Blackburn, Mr. Burton of Indiana, Mr. Fleming, Mr. Flores, Mr. 
   Garrett, Mr. Gowdy, Mr. Graves of Georgia, Mr. Huelskamp, Mr. Sam 
Johnson of Texas, Mr. Landry, Mr. Ribble, Mr. Rokita, Mrs. Schmidt, Mr. 
    Walsh of Illinois, Mr. Wilson of South Carolina, and Mr. Yoder) 
 introduced the following bill; which was referred to the Committee on 
                    Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
To reduce the size of the Federal workforce through attrition, and for 
                            other purposes.

    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 ``Reducing the Size of the Federal 
Government Through Attrition Act of 2011''.

SEC. 2. REDUCTION IN FEDERAL WORKFORCE.

    (a) Definition.--For the purpose of this section--
            (1) the term ``total number of Federal employees'' means 
        the total number of Federal employees in all agencies;
            (2) the term ``Federal employee'' means an employee as 
        defined by section 2105 of title 5, United States Code; and
            (3) the term ``agency'' means an Executive agency as 
        defined by section 105 of title 5, United States Code, 
        excluding the Government Accountability Office.
    (b) Limitation.--The President, through the Office of Management 
and Budget (in consultation with the Office of Personnel Management), 
shall take appropriate measures to ensure that, effective beginning in 
fiscal year 2015, the total number of Federal employees (as determined 
under subsection (c)) shall not exceed 90 percent of the total number 
of Federal employees as of September 30, 2011 (as so determined).
    (c) Monitoring and Notification.--The Office of Management and 
Budget (in consultation with the Office of Personnel Management)--
            (1) shall continuously monitor all agencies and make a 
        determination, as of September 30, 2011, and the last day of 
        each quarter of each fiscal year beginning thereafter, as to 
        whether or not the total number of Federal employees exceeds 
        the maximum number allowable under subsection (b); and
            (2) whenever a determination under paragraph (1) is made 
        that the total number of Federal employees exceeds the maximum 
        number allowable under subsection (b), shall provide written 
        notice to that effect to the President and Congress within 14 
        days after the last day of the quarter to which such 
        determination relates.
    (d) Compliance.--Whenever, with respect to the quarter ending on 
September 30, 2014, or any subsequent quarter, the Office of Management 
and Budget provides written notice under subsection (c)(2) that the 
total number of Federal employees exceeds the maximum number allowable 
under subsection (b), no agency may thereafter appoint any employee to 
fill any vacancy within such agency until the Office of Management and 
Budget provides written notice to the President and Congress of a 
determination under subsection (c)(1) that the total number of Federal 
employees no longer exceeds the maximum number allowable under 
subsection (b). Any notice under the preceding sentence shall be 
provided within 14 days after the last day of the quarter to which the 
determination relates.
    (e) Waiver.--
            (1) Emergencies.--This section may be waived upon a 
        determination by the President that--
                    (A) the existence of a state of war or other 
                national security concern so requires; or
                    (B) the existence of an extraordinary emergency 
                threatening life, health, public safety, property, or 
                the environment so requires.
            (2) Agency efficiency or critical mission.--This section 
        may be waived, with respect to a particular position or 
        category of positions in an agency, upon a determination by the 
        President that the efficiency of the agency or the performance 
        of a critical agency mission so requires.
    (f) Replacement Rate.--To the extent necessary to achieve the 
workforce reduction required by subsection (b), the Office of 
Management and Budget (in consultation with the Office of Personnel 
Management) shall take appropriate measures to ensure that agencies 
shall appoint no more than 1 employee for every 3 employees retiring or 
otherwise separating from Government service after the date of the 
enactment of this Act. This subsection shall cease to apply after 
September 30, 2014.
    (g) Counting Rule.--For purposes of this Act, any determination of 
the number of employees in an agency shall be expressed on a full-time 
equivalent basis.
    (h) Limitation on Procurement of Service Contracts.--The President, 
through the Office of Management and Budget (in consultation with the 
Office of Personnel Management), shall take appropriate measures to 
ensure that there is no increase in the procurement of service 
contracts by reason of the enactment of this Act, except in cases in 
which a cost comparison demonstrates that such contracts would be to 
the financial advantage of the Government.
    (i) Regulations.--Any regulations necessary to carry out this Act 
may be prescribed by the President or his designee.
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