article: that except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Employment Reduction Assistance Act of 1999''. SEC. 2. DEFINITIONS. For the purpose of this Act: (1) ``Department'' means the Department of Veterans Affairs. (2) ``Employee'' means an employee (as defined by section 2105 of title 5, United States Code) of the Department of Veterans Affairs, who is serving under an appointment without time limitation, and has been currently employed by such Department for a continuous period of at least 3 years, but does not include-- (A) 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 Federal Government; (B) an employee having a disability on the basis of which such employee is eligible for disability retirement under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Federal Government; (C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (D) an employee who previously has received any voluntary separation incentive payment by the Federal Government under this Act or any other authority; (E) an employee covered by statutory reemployment rights who is on transfer to another organization; or (F) any employee who, during the twenty-four month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or a recruitment bonus under section 7458 of title 38, United States Code; (G) any employee who, during the twelve-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code, or a retention bonus under section 7458 of title 38, United States Code. (3) ``Secretary'' means the Secretary of Veterans Affairs. SEC. 3. DEPARTMENT PLANS; APPROVAL. (a) In General.--The Secretary, before obligating any resources for voluntary separation incentive payments, shall submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such incentive payments and a proposed organizational chart for the Department once such incentive payments have been completed. (b) Contents.--The plan shall specify-- (1) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; the proposed coverage may be based on-- (A) any component of the Department; (B) any occupation, level or type of position; (C) any geographic location; (D) other nonpersonal factors; or (E) any appropriate combination of the factors in paragraphs (A), (B), (C), and (D); (2) the manner in which such reductions will improve operating efficiency or meet actual or anticipated levels of budget or staffing resources; (3) the period of time during which incentives may be paid; and (4) a description of how the affected component(s) of the Department will operate without the eliminated functions and positions. (c) Approval.--The Director of the Office of Management and Budget shall approve or disapprove each plan submitted under subsection (a), and may make appropriate modifications to the plan with respect to the time period in which voluntary separation incentives may be paid, with respect to the number and amounts of incentive payments, or with respect to the coverage of incentives on the basis of the factors in subsection (b)(1). SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--The Secretary may pay a voluntary separation incentive payment to an employee only to the extent necessary to reduce or eliminate the positions and functions identified by the strategic plan; (2) Employees who may receive incentives.--In order to receive a voluntary separation incentive payment, an employee must separate from service with the Department voluntarily (whether by retirement or resignation) under the provisions of this Act; (b) Amount and Treatment of Payments.--A voluntary separation incentive payment-- (1) shall be paid in a lump sum after the employee's separation; (2) shall be equal to the lesser of-- (A) 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 (without adjustment for any previous payment made under that section); or (B) an amount determined by the Secretary, not to exceed $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT. (a) An individual who has received a voluntary separation incentive payment under this Act and accepts any employment with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to the Department. (b)(1) If the employment under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under subsection (a) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (c) For the purpose of this section, the term ``employment'' includes-- (1) for the purposes of subsections (a) and (b), employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) for the purposes of subsection (a), employment with any agency of the United States Government through a personal services contract. SEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. (a) In addition to any other payments which it is required to make under subchapter III of chapter 983 or chapter 84 of title 5, United States Code, the Department 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 Department who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom a voluntary separation incentive has been paid under this Act. (b) For the purpose of this section, the term ``final basic pay'', with respect to an employee, means the total amount of basic pay that would be payable for a year of service by that 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. SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS. (a) In General.--The total full-time equivalent employment in the Department shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act. the reduction will be calculated by comparing the Department's full- time equivalent employment for the fiscal; year in which the voluntary separation payments are made with the actual full-time equivalent employment for the prior fiscal year. (b) Enforcement.--The President, through the Office of Management and Budget, shall monitor the Department and take any action necessary to ensure that the requirements of this section are met. (c) Subsection (a) of this section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national emergency so requires; or (2) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment, so requires. SEC. 8. CONTINUED HEALTH INSURANCE COVERAGE. Section 8905a(d)(4) of title 5, United States Code, is amended-- (1) in subparagraph (A) by inserting after force ``, or an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing adjustment''; (2) in subparagraph (B) by inserting at the beginning thereof ``With respect to the Department of Defense,''; (3) by redesignating subparagraph (C) as subparagraph (D); (4) by adding a new subparagraph (C) as follows: (C) With respect to the Department of Veterans Affairs, this paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before-- (i) October 1, 2004; or (ii) February 1, 2005, if specific notice of such separation was given to such individual before October 1, 2004. SEC. 9. REGULATIONS. The Director of the Office of Personnel Management may prescribe any regulations necessary to administer the provisions of this Act. SEC. 10. LIMITATION; SAVINGS CLAUSE. (a) No voluntary separation incentive under this Act may be paid based on the separation of an employee after September 30, 2004.; (b) This Act supplements and does not supersede other authority of the Secretary. SEC. 11. EFFECTIVE DATE. (a) This Act shall take effect on the date of enactment.
summary: Authorizes the Secretary to make such a payment only to reduce or eliminate positions or functions identified in the plan. Requires such payments to be in a lump sum and no greater than $25,000 apiece. Requires full repayment from any individual who is subsequently reemployed with any Federal department or agency, with exceptions for certain employment in which the individual possesses unique abilities and is the only qualified applicant available. Requires the Department to remit to the Office of Personnel Management for credit to the Civil Service Retirement and Disability Fund 15 percent of the final basic pay of each individual receiving such payments. Reduces the total number of full-time equivalent employees in the Department by one for each individual receiving such a payment. Authorizes the President to waive such reductions upon a determination of the existence of: (1) a state of war or other national emergency; or (2) an extraordinary emergency which threatens life, health, safety, property, or the environment. Provides for continued temporary health insurance coverage for individuals receiving such payments. Prohibits any payment based on the separation of an employee after September 30, 2004.