text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Department of Veterans Affairs 
  Employment Reduction Assistance Act of 1998''.
  
  SEC. 2. DEFINITIONS.
  
      For the purpose of this Act:
              (1) The term ``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 the 
          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 
                  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 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 
                  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) an employee who, during the 24-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; and
                      (G) any employee who, during the 12-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.
              (2) The term ``Department'' means the Department of 
          Veterans Affairs.
              (3) The term ``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 of Veterans 
                  Affairs;
                      (B) any occupation, occupation level or type of 
                  position;
                      (C) any geographic location; or
                      (D) any appropriate combination of the factors in 
                  subparagraphs (A), (B), and (C);
              (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 components of the 
          Department of Veterans Affairs 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) Repayment Upon Subsequent Employment.--An individual who has 
  received a voluntary separation incentive payment under this Act and 
  accepts any employment with the Government, or who works for any agency 
  of the Government through a personal services contract, within five 
  years after the date of the separation on which the payment is based 
  shall be required to repay, before the individual's first day of 
  employment, the entire amount of the incentive payment to the 
  Department.
      (b) Waiver Authority for Certain Individuals.--(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) Definition.--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 Government through a personal services contract.
  
  SEC. 6. ADDITIONAL AGENCY CONTRIBUTION TO RETIREMENT FUND.
  
      (a) Additional Contribution.--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 Secretary 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) Definition.--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 shall 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) Waiver Authority.--Subsection (a) 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 inserting after subparagraph (B) the following new 
          subparagraph (C):
                      ``(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 the 
                  enactment of this subparagraph 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) Limitation.--No voluntary separation incentive under this Act 
  may be paid based on the separation of an employee after September 30, 
  2004.
      (b) Savings Clause.--This Act supplements and does not supersede 
  other authority of the Secretary.
  
  SEC. 11. EFFECTIVE DATE.
  
      This Act shall take effect on the date of the enactment of this 
  Act.
target: Department of Veterans Affairs Employment Reduction Assistance Act of 1998 - Directs the Secretary of Veterans Affairs, before obligating any resources for voluntary separation incentive payments (payments), to submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such payments and a proposed organizational chart for the Department of Veterans Affairs once such payments have been completed.  Requires such plan to include:  (1) the positions and functions to be reduced or eliminated; (2) their effects on meeting efficiency, budget, or staffing goals; (3) the period of time during which such incentives may be paid; and (4) a description of how the affected Department components will operate without the eliminated functions and positions. 
  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 Secretary 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 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.
feat_title: Department of Veterans Affairs Employment Reduction Assistance Act of 1998