[Congressional Record Volume 162, Number 142 (Tuesday, September 20, 2016)]
[House]
[Page H5666]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





   DISTRICT OF COLUMBIA COURTS AND PUBLIC DEFENDER SERVICE VOLUNTARY 
                   SEPARATION INCENTIVE PAYMENTS ACT

  Mr. CARTER of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5037) to authorize the establishment of a program 
of voluntary separation incentive payments for nonjudicial employees of 
the District of Columbia courts and employees of the District of 
Columbia Public Defender Service, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5037

       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 ``District of Columbia Courts 
     and Public Defender Service Voluntary Separation Incentive 
     Payments Act''.

     SEC. 2. AUTHORIZATION FOR PROGRAM OF VOLUNTARY SEPARATION 
                   INCENTIVE PAYMENTS FOR DISTRICT OF COLUMBIA 
                   COURTS.

       (a) In General.--Chapter 17 of title 11, District of 
     Columbia Official Code, is amended by inserting after section 
     11-1726 the following new section:

     ``Sec. 11-1726A. Voluntary Separation Incentive Payments

       ``The Joint Committee on Judicial Administration may, by 
     regulation, establish a program substantially similar to the 
     program established under subchapter II of chapter 35 of 
     title 5, United States Code, for nonjudicial employees of the 
     District of Columbia [courts] courts, except that the maximum 
     amount of the payment made under the program to any 
     individual may not exceed the amount referred to in section 
     3523(b)(3)(B) of title 5, United States Code.''.
       (b) Clerical Amendment.--The table of contents of chapter 
     17 of title 11, District of Columbia Official Code, is 
     amended by inserting after the item relating to section 11-
     1726 the following new item:

``11-1726A. Voluntary separation incentive payments.''.

     SEC. 3. AUTHORIZATION FOR PROGRAM OF VOLUNTARY SEPARATION 
                   INCENTIVE PAYMENTS FOR DISTRICT OF COLUMBIA 
                   PUBLIC DEFENDER SERVICE.

       Section 305 of the District of Columbia Court Reform and 
     Criminal Procedure Act of 1970 (sec. 2-1605, D.C. Official 
     Code) is amended by adding at the end the following new 
     subsection:
       ``(d) The Director may establish a program substantially 
     similar to the program established under subchapter II of 
     chapter 35 of title 5, United States Code, for employees of 
     the [Service] Service, except that the maximum amount of the 
     payment made under the program to any individual may not 
     exceed the amount referred to in section 3523(b)(3)(B) of 
     title 5, United States Code.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Carter) and the gentlewoman from the District of Columbia 
(Ms. Norton) each will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. CARTER of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. CARTER of Georgia. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in support of H.R. 5037, the District of Columbia Courts 
and Public Defender Service Voluntary Separation Incentive Payments 
Act, introduced by my colleague from the District of Columbia, Delegate 
Eleanor Holmes Norton.
  Voluntary separation incentive payments provide agencies an effective 
and efficient tool for reducing the size of their workforce, cutting 
costs in the process.
  As stewards of taxpayers' dollars, it is important that every agency 
ensure it is staffed only to the extent that their work requires. H.R. 
5037 will provide authority for the District of Columbia to offer 
buyouts for employees of the D.C. courts and public defenders.
  This legislation would authorize the District to set up a 
substantially similar system to that already used by Federal agencies. 
Utilizing a voluntary separation incentive payment program will assist 
the D.C. court and public defender systems in reducing cost.
  When compared to other force reduction efforts, the Government 
Accountability Office found voluntary separation incentive payments 
result in greater cost reductions and savings. The GAO review found 
that voluntary separation payments generate greater savings than direct 
workforce reductions because the payment encourages higher paid staff 
to depart.
  H.R. 5037 will allow the District to decrease the cost and increase 
the efficiency of administering the judicial system.
  I urge my colleagues to support H.R. 5037.
  Mr. Speaker, I reserve the balance of my time.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Again, I thank the gentleman from Georgia (Mr. Carter) and especially 
Chairman Chaffetz and Ranking Member Cummings for working together and 
with me to move this bill to the floor today.
  This bill, the District of Columbia Courts and Public Defender 
Service Voluntary Separation Incentive Payments Act, as amended, would 
make a minor change to the authorities of the District of Columbia 
courts and the Public Defender Service by placing these entities in the 
same position as their Federal counterparts for more effective 
management and operation.
  The bill would give the D.C. courts and PDS the same authority 
Federal agencies and Federal courts already have to offer voluntary 
separation incentive payments, or buyouts, to their employees. The 
fiscal year 2016 omnibus bill already gives D.C. courts buyout 
authority. But my bill would make this authorization permanent--so I 
don't have to keep coming back to this floor on such a minor 
administrative matter--and it would extend it to PDS, in addition to 
the courts. Buyouts would allow the D.C. courts and PDS to respond to 
their future administrative and budget needs and would provide the 
flexibility to extend buyout offers to their employees.
  The U.S. Government Accountability Office has determined that 
voluntary separation incentive payments may be made only where 
statutorily authorized. While Federal agencies and Federal courts have 
the statutory authority to offer buyouts, PDS and the D.C. courts have 
not been expressly permitted to permanently provide them to their 
employees. PDS and the D.C. courts seek the same buyout authority in 
order to manage their workforce as budget conditions and needs change.
  I yield back the balance of my time.
  Mr. CARTER of Georgia. Mr. Speaker, I urge adoption of the bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Curbelo of Florida). The question is on 
the motion offered by the gentleman from Georgia (Mr. Carter) that the 
House suspend the rules and pass the bill, H.R. 5037, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HUELSKAMP. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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