252,000 as outlined in the National Performance Review. This amendment will help to ensure that the administration's downsizing and rightsizing goals are met without interfering with the flexibility espoused in the National Performance Review. The FTE levels in FY 1994 and FY 1995 are specified in President Clinton's FY 1994 budget. The remaining cuts needed to reach 252,000 are allocated evenly among FY 1996 through FY 1999. On October 28, 1993 Senators Gramm and Grassley offered an amendment to the Unemployment Insurance Extension bill to reduce the workforce in a similar fashion. The Senator overwhelmingly voted in favor of this amendment 82-14. The House has also voted on that amendment. In a motion to instruct conferees to the unemployment insurance extension bill, the House voted 275-146 in favor of keeping the Gramm/Grassley amendment. Further, Senator Byrd's amendment to the Crime Bill was almost identical to the FTE amendment I offered to S. 1535. The difference is that expected savings from the downsizing of the 252,000 FTES (over $21 billion according to CBO) is, in the Byrd amendment, wholly dedicated to be spent to fund the crime bill. The Senate, again in an overwhelming vote, passed the Byrd amendment 94-4 on November 4, 1993. If for any reason the crime bill or the Byrd amendment fails enactment, it is important that the savings from employment reductions go to reduce the deficit. The Roth amendment to the reported bill would do that. In the three months that have passed since the Governmental Affairs Committee marked up S. 1535, many of my colleagues have asked about the relationship between my amendment and Senator Byrd's amendment to the Crime bill. Simply put, both amendments contain two components: (1) FTE reductions totalling 252,000 over the next five years, (2) commensurate savings resulting from the 252,000 FTE cut going to reduce the discretionary spending caps as estimated by CBO. Senator Byrd's amendment to the Crime bill has an additional component: (3) Creation of a Trust Fund to pay for the Crime bill with the savings from the 252,000 FTE cut. Therefore, given that the Roth amendment incorporates the first two components of the Byrd amendment, if both the Byrd amendment to the crime bill and the Roth amendment to S. 1535 as reported by this Committee are enacted, the Roth amendment then becomes redundant and could be dropped. But until the Byrd amendment becomes law, the Roth amendment is necessary assur ance. BILL ROTH. IX. CHANGES IN EXISTING LAW Rule XXVI of the Standing Rules of the Senate requires that 4102. Exceptions; Presidential authority. 4103. Establishment of training programs. 4104. Government facilities; use of. 4105. Non-Government facilities; use of. 4106. [Non-Government facilities; amount of training limited.] 4107. [Non-Government facilities; restrictions.] 4107. Restriction on degree training.". 4108. Employee agreements; service after training. 4110. Expenses of attendance at meetings. 4111. Acceptance of contributions, awards, and other payments.. 4112. Absorpition of costs within funds available. 4113. Agency review of training needs; annual program reports. 4114. [Non-Government facilities; review of training programs.] 4115. Collection of training information. Supart C-Employee Performance $4101. Definitions CHAPTER 41-TRAINING For the purpose of this chapter (1) "agency", subject to section 4102 of this title, means- (B) an independent establishment; (C) a Government corporation subject to chapter 91 of title 31; (D) the Library of Congress; (E) the Government Printing Office; and (F) the government of the District of Columbia; (2) "employee, subject to section 4102 of this title, means— (A) an individual employed in or under an agency; and (B) a commissioned officer of the Environmental Science Services Administration; (3) "Government" means the Government of the United States and the government of the District of Columbia; (4) "training" means the process of providing for and making available to an employee, and placing or enrolling the employee in, a planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other [fields which are or will be directly related to the performance by the employee of official duties for the Government, in order to increase the knowledge, proficiency, ability, skill, and qualifications of the employee in the performance of official duties; [(5) "Government facility" means property owned or substantially controlled by the Government and the services of any civilian and military personnel of the Government;] fields which will improve individual and organizational performance and assist in achieving the agency's mission and performance goals; and (6) "non-Government facility" means (A) the government of a State or of a territory or possession of the United States including the Commonwealth of Puerto Rico, and an interstate governmental organization, or a unit, subdivision, or instrumentality of any of the foregoing; (B) a foreign government or international organization, or instrumentality of either, which is designated by the President as eligible to provide training under this chapter; (C) a medical, scientific, technical, educational, research, or professional institution, foundation, or organization; (D) a business, commercial, or industrial firm, corporation, partnership, proprietorship, or other organization; (E) individuals other than civilian or military personnel of the Government; and (F) the services and property of any of the foregoing furnishing the training. § 4103. Establishment of training programs (a) [In order to increase economy and efficiency in the operations of the agency and to raise the standards of performance by employees of their official duties to the maximum possible level of proficiency] In order to assist in achieving an agency's mission and performance goals by improving employee and organizational performance, the head of each agency, in conformity with this chapter, shall establish, operate, and maintain a program or programs, and a plan or plans thereunder, for the training of employees in or under the agency by, in, and through Government facilities and non-Government facilities. Each program, and plan thereunder, shall (1) conform to the principles, standards, and related requirements contained in the regulations prescribed under section 4118 of this title; (2) provide for adequate administrative control by appropriate authority; and (3) provide for the encouragement of self-training by employees by means of appropriate recognition of resultant increases in proficiency, skill, and capacity. Two or more agencies jointly may operate under a training program. (b)(1) Notwithstanding any other provision of this chapter, an agency may train any employee of the agency to prepare the employee for placement in another agency if the head of the agency [determine that the employee will otherwise be seaprated under conditions which would entitle the employee to severance pay under section 5595 of this title.] determines that such training would be in the interests of the Government. (2) [Before undertaking any training under this subsection, the head of the agency shall obtain verification from the Office of Personnel Management that there exists a reasonable expectation of placement in another agency.] [(3)] In selecting an employee for training under this subsection, the head of the agency shall consider (A) the extent to which the current skills, knowledge, and abilities of the employee may be utilized in the new position; (B) the employee's capability to learn skills and acquire knowledge and abilities needed in the new position; and (C) the benefits to the Government which would result from [retaining the employee in the Federal service.] such training. §4105. Non-Governmental facilities; use of [(a)] The head of an agency, without regard to section 5 of title 41, may make agreements or other arrangements for the training of employees of the agency by, in, or through non-Government facilities under this chapter. [(b) An agency program for the training of employees by, in, and through non-Government facilities under this chapter shall— (1) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and (2) give consideration to the needs and requirements of the agency in recruiting and retaining scientific, professional, technical, and administrative employees. (c) In order to protect the Government concerning payment and reimbursement of training expenses, each agency shall prescribe such regulations as it considers necessary to implement the regulations prescribed under section 4118(a)(8) of this title.] § 4107. [Non-Governmental facilities; restrictions] Restriction on degree training [(a) Appropriations or other funds available to an agency are not available for payment for training an employee [(1) by, in or through a non-Government facility which teaches or advocates the overthrow of the Government of the United States by force or violence; or [(2) by or through an individual concerning whom determination has been made by a proper Government administrative or investigatory authority that, on the basis of information or evidence developed in investigations and procedures authorized by law or Executive order, there exists a reasonable doubt of his loyalty to the United States. [(b) This chapter does not authorize training an employee by, in, or through a non-Government facility a substantial part of the activities of which is [(1) carrying on propaganda, or otherwise attempting, to influence legislation; or [(2) participating or intervening, including publishing or distributing statements, in a political campaign on behalf of a candidate for public office.] (a) [(c)] Except as provided in subsection [(d)](b) of this section, this chapter does not authorize the selection and assignment of an employee for training [by, in, or through a non-Government facility], or the payment or reimbursement of the costs of training, for (1) the purpose of providing an opportunity to an employee to obtain an academic degree in order to qualify for appointment to a particular position for which the academic degree is a basic requirement; or (2) the sole purpose of providing an opportunity to an employee to obtain one or more academic degrees. [d](b)(1) The regulations prescribed under section 4118 of this title shall include provisions under which the head of an agency may provide training, or payment or reimbursement for the costs of any training, not otherwise allowable under [subsection (c)] subsection (a) of this section, if necessary to assist in the recruitment or retention of employees in occupations in which the Government has or anticipates a shortage of qualified personnel, especially in occupations involving critical skills (as defined under such regulations). |