[House Report 114-764]
[From the U.S. Government Publishing Office]


114th Congress    }                                       {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                       {    114-764

======================================================================



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

                                _______
                                

 September 20, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5037]

    The Committee on Oversight and Government Reform, to whom 
was referred 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, having considered the same, report favorably 
thereon with amendments and recommend that the bill as amended 
do pass.

                                CONTENTS

Committee Statement and Views....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     4
Committee Consideration..........................................     4
Roll Call Votes..................................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     5
Federal Advisory Committee Act...................................     5
Unfunded Mandate Statement.......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill, as Reported............     5

    The amendments (stated in terms of the page and line 
numbers of the introduced bill) are as follows:
  Page 2, line 13, strike ``courts'' and insert the following: 
``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''.
  Page 3, line 4, strike ``Service'' and insert the following: 
``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''.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 5037, the District of Columbia Courts and Public 
Defender Service Voluntary Separation Incentive Payments Act, 
authorizes the District of Columbia Joint Committee on Judicial 
Administration and the director of the Public Defender Service 
for the District of Columbia to establish a program to provide 
for voluntary separation incentive payments. These payments 
would be provided to individuals in exchange for their 
voluntarily separation from the agency.

                  BACKGROUND AND NEED FOR LEGISLATION

    The use of voluntary separation incentive payments (VSIPs) 
by federal agencies was established in 2002 and is currently 
codified in title 5, United States Code sections 3521-3525. The 
program established under statute provides authority for the 
Office of Personnel Management (OPM) to authorize agencies to 
provide buyouts to employees in surplus positions or employees 
whose skill sets are no longer needed. These payments are used 
to encourage these employees to voluntarily resign or retire. 
The payments are calculated as the lesser of either the amount 
of severance pay the individual would receive under a reduction 
in force per section 5595 of title 5, United States Code, or an 
amount determined by the agency head that does not exceed 
$25,000 per individual.\1\
---------------------------------------------------------------------------
    \1\Workforce Restructuring, OPM, https://www.opm.gov/policy-data-
oversight/workforce-restructuring/voluntary-separation-incentive-
payments/ (Last Accessed July 27, 2016).
---------------------------------------------------------------------------
    In 1996, the United States Government Accountability Office 
(GAO) preformed a review of cost savings that could be realized 
through the use of VSIPs.\2\ The review compared the savings 
that result from a VSIP program, termed buyouts in the study, 
to that of a reduction in force effort. GAO found that buyouts 
could result in up to 50 percent greater savings than reduction 
in force efforts due to a number of factors. The most 
significant of these factors is that while reductions in force 
generally impact junior employees, VSIP offers attract more 
senior employees, particularly those eligible for retirement. 
As a result of this disparate impact, GAO found that the 
average salary for individuals receiving buyouts was $34,745 
for resigning employees and $48,000 for retiring employees, 
compared to an average salary of $29,495 for employees 
separated through a reduction in force. In addition to the 
greater cost savings of VSIPs, OPM also notes that VSIPs are 
far less disruptive than reductions in force on impacted 
agencies.\3\
---------------------------------------------------------------------------
    \2\United States General Accounting Office, Federal Downsizing: The 
Costs and Savings of Buyouts Versus Reductions-in-Force, GA)-96-63 (May 
14, 1996).
    \3\United States Office of Personnel Management, Guide to Voluntary 
Separation Incentive Payments (2006).
---------------------------------------------------------------------------
    Although VSIP authority is available to federal agencies, 
the D.C. Court system and Public Defender Service do not have 
this authority. To remedy this situation, H.R. 5037 will 
provide the necessary authority for the District Court system 
and the Public Defender Service to implement a VSIP program. As 
a result of this legislation, the agencies will have a much 
needed tool to enable them to eliminate unnecessary positions 
and realize associated cost savings.

                          LEGISLATIVE HISTORY

    H.R. 5037, the District of Columbia Courts and Public 
Defender Service Voluntary Separation Incentive Payments Act, 
was introduced on April 21, 2016 by Delegate Eleanor Holmes 
Norton (D-DC) and referred to the Committee on Oversight and 
Government Reform. On July 12, 2016, the Committee on Oversight 
and Government Reform ordered H.R. 5037 favorably reported, as 
amended, by voice vote.
    A version of H.R. 5037 was introduced in past Congresses, 
including the 113th and 109th. In the 113th Congress, H.R. 5006 
was introduced by Delegate Norton and referred to the House 
Committee on Oversight and Government Reform. The Committee did 
not ultimately consider the legislation. During the 109th 
Congress, H.R. 5711, also introduced by Del. Norton, was 
referred to the House Committee on Government Reform and 
ordered reported on June 29, 2006. While the Committee 
ultimately declined to file a report on H.R. 5711, the bill did 
receive a score from the Congressional Budget Office (CBO). The 
score found the bill would result in overall cost savings to 
the federal government.\4\
---------------------------------------------------------------------------
    \4\Congressional Budget Office Estimate, H.R. 5711 (Sept. 21, 
2006).
---------------------------------------------------------------------------

                           Section-by-Section


Section 1. Short title

    Designates the short title of the bill as the ``District of 
Columbia Courts and Public Defender Service Voluntary 
Separation Incentive Payments Act.''

Section 2. Authorization for program of voluntary separation incentive 
        payments for District of Columbia Courts

    Amends Chapter 17 of title 11 of the D.C. Official Code by 
inserting a new section 11-1726A to grant authority to the 
Joint Committee on Judicial Administration to establish a 
program for voluntary separation payments for non-judicial 
employees of the District of Columbia Courts. The program is 
required to be substantially similar to the program established 
under subchapter II of chapter 35 of title 5, United States 
Code.
    Amends the table of contents of chapter 17 to reflect the 
additional section.

Section 3. Authorization for program of voluntary separation incentive 
        payments for District of Columbia Public Defender Service

    Amends section 305 of the D.C. Court Reform and Criminal 
Procedure Act of 1970 by adding a new subsection (d), which 
would provide that the Director may establish a program similar 
to that established under subchapter II of chapter 35 of title 
5, United States Code.

                       Explanation of Amendments

    During Full Committee consideration of the bill, Delegate 
Eleanor Holmes Norton (D-DC) offered an amendment that provides 
that the voluntary separation incentive payment program to be 
set up by the District of Columbia Courts system and the Public 
Defender service is subject to the $25,000 per employee cap. 
The $25,000 cap is the same limit applied to the federal agency 
voluntary separation incentive payment program administered 
through OPM. The Norton amendment was adopted by voice vote.

                        Committee Consideration

    On July 12, 2016, the Committee met in open session and 
ordered reported favorably the bill, H.R. 5037, as amended, by 
voice vote, a quorum being present.

                            Roll Call Votes

    No roll call votes were requested or conducted during Full 
Committee consideration of H.R. 5037.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill authorizes 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 such this 
bill does not relate to employment or access to public services 
and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is 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.

                    Duplication of Federal Programs

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    At the time of this writing, the Committee had yet to 
receive a formal cost estimate from the Congressional Budget 
Office for H.R. 5037. However, the Committee considered 
substantially similar legislation during the 109th Congress, 
H.R. 5711, from which it bases its committee estimate for H.R. 
5037. Based on that earlier score, the Committee expects slight 
discretionary savings over the 10-year period.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has not 
received a cost estimate for this bill from the Director of 
Congressional Budget Office, and instead has included a 
committee estimate in the section prior to this one.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

DISTRICT OF COLUMBIA OFFICIAL CODE

           *       *       *       *       *       *       *


TITLE 2--GOVERNMENT ADMINISTRATION

           *       *       *       *       *       *       *


CHAPTER 16--PUBLIC DEFENDER SERVICE

           *       *       *       *       *       *       *


Sec. 2-1605. Employment of attorneys and other personnel; compensation; 
                    private practice by attorneys not permitted

  (a) The Director shall employ a staff of attorneys and 
clerical and other personnel necessary to provide adequate and 
effective services. The Director shall make assignments of the 
personnel of the Service. The compensation of all employees of 
the Service, other than the Director and the Deputy Director, 
shall be fixed by the Director, but shall not exceed the 
compensation which may be paid to persons of similar 
qualifications and experience in the office of the United 
States Attorney for the District of Columbia. All attorneys 
employed by the Service to represent persons shall be members 
of the bar of the District of Columbia.
  (b) No attorney employed by the Service shall engage in the 
private practice of law or receive a fee for representing any 
person.
  (c)(1) Employees of the Service shall be treated as employees 
of the Federal Government solely for purposes of any of the 
following provisions of Title 5, United States Code: subchapter 
1 of Chapter 81 (relating to compensation for work injuries), 
Chapter 83 (relating to retirement), Chapter 84 (relating to 
Federal Employees' Retirement System), Chapter 87 (relating to 
life insurance), and Chapter 89 (relating to health insurance).
  (2) The Service shall make contributions under the provisions 
referred to in paragraph (1) of this subsection at the same 
rates applicable to agencies of the Federal Government.
  (3) An individual who is an employee of the Service on the 
date of the enactment of this subsection may make, within 60 
days after the issuance of regulations under paragraph (4) of 
this subsection, an election under Sec.  8351 or 8432 of Title 
5, United States Code, to participate in the Thrift Savings 
Plan for Federal employees.
  (4) This subsection shall apply with respect to all months 
beginning after the date on which the Director of the Office of 
Personnel Management issues regulations to carry out this 
subsection.
  (5) For purposes of vesting pursuant to Sec.  1-626.10(b), 
creditable service with the District for employees whose 
participation in the District Defined Contribution Plan ceases 
as a result of implementation of this subsection shall include 
service performed thereafter for the Service.
  (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, 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.

           *       *       *       *       *       *       *


TITLE 11--ORGANIZATION AND JURISDICTION OF THE COURTS

           *       *       *       *       *       *       *


CHAPTER 17--ADMINISTRATION OF DISTRICT OF COLUMBIA COURTS

           *       *       *       *       *       *       *


Sec.
11-1701. Administration of District of Columbia court system.
     * * * * * * *
11-1726A. Voluntary separation incentive payments.
     * * * * * * *

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, 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.

           *       *       *       *       *       *       *


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