Pub.L. 104-191 To amend the Internal Revenue Code of 1986 to improve portability and ...

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[[Page 1931]]

  AGENCY FOR INTERNATIONAL DEVELOPMENT VOLUNTARY SEPARATION INCENTIVE 
                                PAYMENTS

[[Page 110 STAT. 1932]]

Public Law 104-190
104th Congress

                                 An Act


 
To authorize the Agency for International Development to offer voluntary 
separation incentive payments to employees of that agency. <<NOTE: Aug. 
                       20, 1996 -  [H.R. 3870]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION <<NOTE: 5 USC 5597 note.>>  1. VOLUNTARY SEPARATION INCENTIVES 
            FOR EMPLOYEES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.

    (a) Definitions.--For the purposes of this Act--
            (1) the term ``agency'' means the Agency for International 
        Development;
            (2) the term ``Administrator'' means the Administrator, 
        Agency for International Development; and
            (3) the term ``employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) who is employed by 
        the agency, is serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 12 months, but does not include--
                    (A) any employee who, upon separation and 
                application, would then be eligible for an immediate 
                annuity under subchapter III of chapter 83 (except for 
                section 8336(d)(2)) or chapter 84 (except for section 
                8414(b)(1)(B)) of title 5, United States Code, or 
                corresponding provisions of another retirement system 
                for employees of the agency;
                    (B) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code, 
                or another retirement system for employees of the 
                agency;
                    (C) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under the applicable retirement 
                system referred to in subparagraph (A);
                    (D) an employee who is to be separated involuntarily 
                for misconduct or unacceptable performance, and to whom 
                specific notice has been given with respect to that 
                separation;
                    (E) an employee who, upon completing an additional 
                period of service, as referred to in section 
                3(b)(2)(B)(ii) of the Federal Workforce Restructuring 
                Act of 1994 (5 U.S.C. 5597 note), would qualify for a 
                voluntary separation incentive payment under section 3 
                of such Act;
                    (F) an employee who has previously received any 
                voluntary separation incentive payment by the Government 
                of the United States under this Act or any other 
                authority and has not repaid such payment;

[[Page 110 STAT. 1933]]

                    (G) an employee covered by statutory reemployment 
                rights who is on transfer to another organization; or
                    (H) any employee who, during the 24-month period 
                preceding the date of separation, received a recruitment 
                or relocation bonus under section 5753 of title 5, 
                United States Code, or who, within the 12-month period 
                preceding the date of separation, received a retention 
                allowance under section 5754 of such title 5.

    (b) Agency Strategic Plan.--
            (1) In general.--The Administrator, before obligating any 
        resources for voluntary separation incentive payments under this 
        Act, shall submit to the House and Senate Committees on 
        Appropriations and the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Reform and Oversight of 
        the House of Representatives a strategic plan outlining the 
        intended use of such incentive payments and a proposed 
        organizational chart for the agency once such incentive payments 
        have been completed.
            (2) Contents.--The agency's plan shall include--
                    (A) the positions and functions to be reduced or 
                eliminated, identified by organizational unit, 
                geographic location, occupational category and grade 
                level;
                    (B) the number and amounts of voluntary separation 
                incentive payments to be offered; and
                    (C) a description of how the agency will operate 
                without the eliminated positions and functions.

    (c) Authority To Provide Voluntary Separation Incentive Payments.--
            (1) In general.--A voluntary separation incentive payment 
        under this Act may be paid by the agency to not more than 100 
        employees of such agency and only to the extent necessary to 
        eliminate the positions and functions identified by the 
        strategic plan.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment under this Act--
                    (A) shall be paid in a lump sum after the employee's 
                separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) shall be equal to the lesser of--
                          (i) an amount equal to the amount the employee 
                      would be entitled to receive under section 5595(c) 
                      of title 5, United States Code, if the employee 
                      were entitled to payment under such section; or
                          (ii) an amount determined by the agency head 
                      not to exceed $25,000;
                    (D) may not be made except in the case of any 
                employee who voluntarily separates (whether by 
                retirement or resignation) before February 1, 1997;
                    (E) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (F) shall not be taken into account in determining 
                the amount of any severance pay to which the employee 
                may be entitled under section 5595 of title 5, United 
                States Code, based on any other separation.

[[Page 110 STAT. 1934]]

    (d) Additional Agency Contributions to the Retirement Fund.--
            (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, the 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 15 percent of 
        the final basic pay of each employee of the agency who is 
        covered under subchapter III of chapter 83 or chapter 84 of 
        title 5, United States Code, to whom a voluntary separation 
        incentive has been paid under this Act.
            (2) Definition.--For the purpose of paragraph (1), 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.

    (e) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this Act and accepts any employment for compensation with the 
Government of the United States, or who works for any agency of the 
Government of the United States through a personal services contract, 
within 5 years after the date of the separation on which the payment is 
based shall be required to pay, prior to the individual's first day of 
employment, the entire amount of the incentive payment to the agency 
that paid the incentive payment.
    (f) Reduction of Agency Employment Levels.--
            (1) In general.--The total number of funded employee 
        positions in the 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 this Act. For the purposes of this subsection, 
        positions shall be counted on a full-time-equivalent basis.

[[Page 110 STAT. 1935]]

            (2) Enforcement.--The <<NOTE: President.>>  President, 
        through the Office of Management and Budget, shall monitor the 
        agency and take any action necessary to ensure that the 
        requirements of this subsection are met.

    Approved August 20, 1996.

LEGISLATIVE HISTORY--H.R. 3870:
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CONGRESSIONAL RECORD, Vol. 142 (1996):
            July 29, considered and passed House.
            Aug. 2, considered and passed Senate.

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