119-s295

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 295 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 295

To reduce the size of the Federal workforce through attrition, and for 
 other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 29, 2025

 Mr. Johnson (for himself and Mr. Scott of Florida) 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 Federal Workforce 
Through Attrition Act''.

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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