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

                                                 Union Calendar No. 225
112th CONGRESS
  1st Session
                                H. R. 3029

                          [Report No. 112-334]

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

                           December 19, 2011

 Additional sponsors: Mr. Duncan of South Carolina, Mrs. Ellmers, Mr. 
 Labrador, Mr. DesJarlais, Mr. Scott of South Carolina, Mr. Mack, Mrs. 
 Bono Mack, Mr. Southerland, Mr. McHenry, Mr. Bilbray, Mr. McClintock, 
  Mr. Guinta, Mr. Harris, Mr. Kelly, Mr. Farenthold, Mr. Jordan, Mr. 
           Stutzman, Mr. Gohmert, Ms. Buerkle, and Mr. Amash

                           December 19, 2011

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
  [Omit the part struck through and insert the part printed in italic]


_______________________________________________________________________

                                 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.
<DELETED>    (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.</DELETED>
    (h) Reduction in Procurement of Service Contracts.--The President, 
through the Office of Management and Budget and subject to subsection 
(e), shall take appropriate measures to ensure that there is a 
reduction in the amount expended for the procurement of service 
contracts in each fiscal year occurring after the date of the enactment 
of this Act equal to the reduction in the amount expended for the 
Federal workforce in each such fiscal year caused by reason of the 
enactment of this Act.
    (i) Report.--The Office of Management and Budget shall submit a 
report to Congress detailing the effect of the requirements under 
subsection (b) on programs, activities, and services, including those 
provided to the general population. In such a report, the Office of 
Management and Budget shall pay special attention to any reductions 
that will harm national security or endanger life, public health, 
public safety, property, or the environment. Each report shall be 
submitted annually, with the first report provided within 30 days after 
the date of enactment of this Act.
    <DELETED>(i)</DELETED> (j) Regulations.--Any regulations necessary 
to carry out this Act may be prescribed by the President or his 
designee.
                                                 Union Calendar No. 225

112th CONGRESS

  1st Session

                               H. R. 3029

                          [Report No. 112-334]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 19, 2011

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed