FEDERAL WORKFORCE RESTRUCTURING ACT OF 1994
Public Law 103–226, as amended
FEDERAL WORKFORCE RESTRUCTURING ACT OF 1994
226
108–487
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Federal Workforce Restructuring Act of 1994
1447
103
1994-03-30
FEDERAL WORKFORCE RESTRUCTURING ACT OF 1994
[Public Law 103–226; Approved March 30, 1994]
[As Amended Through P.L. 108–487, Enacted December 23, 2004]
[Currency: This publication is a compilation of the text of Public Law 103–226. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SEC. 4.
[5 U.S.C. 8331 note]

ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND.
(a)

Relating to Voluntary Separation Incentive Payments.—
(1)

In general.—
In addition to any other payments which it is required to make under subchapter III of chapter 83 of title 5, United States Code, an 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 9 percent of the final basic pay of each employee of the agency—
(A)
who, on or after the date of the enactment of this Act retires under section 8336(d)(2) of such title; and
(B)
to whom a voluntary separation incentive payment has been or is to be paid by such agency based on that retirement.
(2)

Definitions.—
For the purpose of this subsection—
(A)
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; and
(B)
the term “voluntary separation incentive payment” means—
(i)
a voluntary separation incentive payment under section 3 (including under any program established under section 3(f)); and
(ii)
any separation pay under section 5597 of title 5, United States Code.
(b)

Relating to Fiscal Years 1995 Through 1998.—
(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, in fiscal years 1995, 1996, 1997, and 1998 (and in addition to any amounts required under subsection (a)), each agency shall, before the end of each such fiscal year, 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 the product of—
(A)
the number of employees of such agency who, as of March 31st of such fiscal year, are subject to subchapter III of chapter 83 or chapter 84 of such title; multiplied by
(B)
$80.
(2)

Definition.—
For the purpose of this subsection, the term “agency” means an Executive agency (as defined by section 105 of title 5, United States Code), but does not include the General Accounting Office.
(c)

Regulations.—
The Director of the Office of Personnel Management may prescribe any regulations necessary to carry out this section.
SEC. 5.
[5 U.S.C. 3101 note]

REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.
(a)

Definition.—
For the purpose of this section, the term “agency” means an Executive agency (as defined by section 105 of title 5, United States Code), but does not include the General Accounting Office.
(b)

Limitations on Full-Time Equivalent Positions.—
The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall ensure that the total number of full-time equivalent positions in all agencies shall not exceed—
(1)
2,084,600 during fiscal year 1994;
(2)
2,043,300 during fiscal year 1995;
(3)
2,003,300 during fiscal year 1996;
(4)
1,963,300 during fiscal year 1997;
(5)
1,922,300 during fiscal year 1998; and
(6)
1,882,300 during fiscal year 1999.
(c)

Monitoring and Notification.—
The Office of Management and Budget, after consultation with the Office of Personnel Management, shall—
(1)
continuously monitor all agencies and make a determination on the first date of each quarter of each applicable fiscal year of whether the requirements under subsection (b) are met; and
(2)
notify the President and the Congress on the first date of each quarter of each applicable fiscal year of any determination that any requirement of subsection (b) is not met.
(d)

Compliance.—
If, at any time during a fiscal year, the Office of Management and Budget notifies the President and the Congress that any requirement under subsection (b) is not met, no agency may hire any employee for any position in such agency until the Office of Management and Budget notifies the President and the Congress that the total number of full-time equivalent positions for all agencies equals or is less than the applicable number required under subsection (b).
(e)

Waiver.—
(1)

Emergencies.—
Any provision of 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, safety, property, or the environment so requires.
(2)

Agency efficiency or critical mission.—
(A)
Subsection (d) may be waived, in the case of a particular position or category of positions in an agency, upon a determination of the President that the efficiency of the agency or the performance of a critical agency mission so requires.
(B)
Whenever the President grants a waiver pursuant to subparagraph (A), the President shall take all necessary actions to ensure that the overall limitations set forth in subsection (b) are not exceeded.
(f)

Employment Backfill Prevention.—
(1)

In general.—
The total number of funded employee positions in all agencies (excluding the Department of Defense and the Central Intelligence 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 section 3 (a)–(e). For purposes of this subsection, positions and vacancies shall be counted on a full-time-equivalent basis.
(2)

Related restriction.—
No funds budgeted for and appropriated by any Act for salaries or expenses of positions eliminated under this subsection may be used for any purpose other than authorized separation costs.
(3)

Applicability of backfill prevention provisions to agencies otherwise exempted from fte reduction.—
(A)

In general.—
If any agency is otherwise exempted by any law from the limitations on full-time equivalent positions or the restrictions on hiring established by this section—
(i)
paragraph (1) shall apply to vacancies created in such agency; and
(ii)
the reductions required pursuant to clause (i) shall be made in the number of funded employee positions in such agency.
(B)

Waiver authority.—
In the case of a particular position in an agency, subparagraph (A) may be waived upon a determination by the head of the agency that the performance of a critical agency mission requires the waiver.
(C)

Relation to other law.—
No law may be construed as suspending or modifying this paragraph unless such law specifically amends this paragraph.
(g)

Limitation on Procurement of Service Contracts.—
The President shall take appropriate action 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 such contracts would be to the financial advantage of the Federal Government.