[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5608 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5608
To reduce the size of the Federal workforce through attrition, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19 (legislative day, December 16), 2024
Mr. Johnson (for himself, Mr. Scott of Florida, and Mr. Lee) introduced
the following bill; which was read twice and referred to the Committee
on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To reduce the size of the Federal workforce through attrition, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing the Size of the Federal
Government Through Attrition Act of 2024''.
SEC. 2. REDUCTION IN FEDERAL WORKFORCE.
(a) Definitions.--In this section--
(1) the term ``agency'' means an Executive agency, as
defined in section 105 of title 5, United States Code;
(2) the term ``Director'' means the Director of the Office
of Management and Budget; and
(3) the term ``Federal employee'' means an employee, as
defined in section 2105 of title 5, United States Code, except
that the term does not include a political appointee, as
defined in section 709(d)(3) of the Homeland Security Act of
2002 (6 U.S.C. 349(d)(3)).
(b) Limitation.--The President, through the Director (in
consultation with the Director of the Office of Personnel Management),
shall take appropriate measures to ensure that, effective beginning in
fiscal year 2028, the total number of Federal employees in all agencies
(as determined under subsection (c)) shall not exceed 90 percent of the
total number of Federal employees in all agencies as of September 30,
2025 (as so determined).
(c) Agency-Specific Caps.--
(1) Agency identification of number of employees.--Not
later than October 31, 2025, the head of each agency shall
submit to the Director a report identifying the total number of
Federal employees employed by that agency, as of September 30,
2025.
(2) OMB establishment of maximum allowable number of
employees.--Not later than the last day of the first quarter of
fiscal year 2026, the Director shall submit to the head of each
agency a report that establishes the maximum allowable number
of Federal employees that the agency may employ for the
purposes of complying with subsection (b).
(d) Replacement Rate.--During the period beginning on the first day
of the second quarter of fiscal year 2026 and ending on September 30,
2027, in order to achieve the workforce reduction required by
subsection (b), the Director (in consultation with the Director of the
Office of Personnel Management) shall take appropriate measures to
ensure that an agency may not appoint more than 1 individual for every
3 Federal employees retiring or otherwise separating from Government
service.
(e) Monitoring and Notification.--The Director (in consultation
with the Director of the Office of Personnel Management) shall take the
following actions:
(1) During the period beginning on the first day of the
second quarter of fiscal year 2026 and ending on the last day
of fiscal year 2027, continuously monitor each agency to
determine whether each agency is on track to be in compliance
with the requirement under subsection (c)(2) for that agency,
as of the first day of fiscal year 2028.
(2) Beginning on the first day of fiscal year 2028,
continuously monitor each agency and make a determination
regarding whether the total number of Federal employees
employed by each agency exceeds the maximum number of Federal
employees allowable for that agency under subsection (c)(2).
(3) Whenever the Director makes a determination under
paragraph (2) that the total number of Federal employees
employed by an agency exceeds the maximum number allowable for
that agency under subsection (c)(2), provide written notice of
that determination to the President and Congress not later than
14 days after the last day of the quarter in which the Director
makes the determination.
(f) Compliance.--
(1) In general.--Whenever the Director provides written
notice under subsection (e)(3) that the total number of Federal
employees employed by an agency exceeds the maximum number
allowable for that agency under subsection (c)(2), the
following shall apply:
(A) The Director shall also provide written notice
to the head of the agency that the total number of
Federal employees employed by the agency exceeds the
maximum number allowable for that agency under
subsection (c)(2).
(B) Until the Director provides written notice to
the President and Congress of a subsequent
determination that the total number of Federal
employees employed by that agency no longer exceeds the
maximum number allowable under subsection (c)(2), the
agency may not engage in any of the following:
(i) Appoint any individual to fill any
vacancy within the agency.
(ii) Appoint any individual to a position
for which any amount of the job
responsibilities are expected to be performed
in a remote location with respect to the duty
station for the position.
(iii) Issue any approval for an existing
Federal employee to increase the number of
hours for which the Federal employee could
perform the job responsibilities for the
position of the Federal employee in a remote
location with respect to the duty station for
the position.
(iv) Issue any approval of an increase in
the amount of official time authorized for a
Federal employee under section 7131 of title 5,
United States Code.
(2) Deadline.--Any notice described in paragraph (1)(B)
with respect to a subsequent determination shall be provided
not later than 14 days after the last day of the quarter in
which the subsequent determination is made.
(g) Waiver for Emergencies.--This section may be waived, with
respect to a particular position or category of positions in an agency,
upon a determination by the President that--
(1) the existence of a state of war or other national
security concern requires such a waiver; or
(2) the existence of an extraordinary emergency threatening
life, health, public safety, or property requires such a
waiver.
(h) Counting Rule.--For purposes of this section, any determination
of the number of Federal employees in an agency--
(1) shall be expressed on a full-time equivalent basis; and
(2) shall not be subject to any collective bargaining
agreement.
(i) Limitation on Procurement of Service Contracts.--The President,
through the Director (in consultation with the Director of the Office
of Personnel Management), shall take appropriate measures to ensure
that there is no increase in the procurement of service contracts by
reason of the enactment of this Act, except in cases in which a cost
comparison demonstrates that those contracts would be to the financial
advantage of the Government.
(j) Rule of Construction Regarding Transfers.--Nothing in this
section may be construed to prohibit the ability of a Federal employee
to transfer from a position in an agency to a position in another
agency if that other agency is in compliance with the requirements of
this section, as of the date on which that Federal employee transfers
positions.
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