H.R. 6938House115th Congress (2017-2019)In Committee

Rightsizing the Federal Workforce Through Attrition Act

Introduced September 27, 2018

AI-Generated Summary

Updated April 15, 2026 at 11:54 PM UTC

The Rightsizing the Federal Workforce Through Attrition Act would cap the total number of federal employees at 90 % of the workforce size as of September 30, 2018. The President, through the Office of Management and Budget (OMB) and in consultation with the Office of Personnel Management, must monitor agency staffing and stop new hires when the cap is exceeded, using attrition (retirements and separations) to bring numbers down. The law applies to all executive agencies and includes a waiver for war or national emergencies.

Key Provisions

  • Starting FY 2019, the total federal workforce cannot exceed 90 % of the September 30, 2018 headcount, measured in full‑time equivalents.
  • OMB, with OPM, must track agency staffing quarterly and notify the President and Congress if the workforce exceeds the limit.
  • If the limit is exceeded, agencies are prohibited from filling any vacancies until the workforce falls back below the cap.
  • Hiring is limited to no more than one new employee for every three employees who retire or separate from service.
  • The President may waive the restrictions in cases of war, national security, or an extraordinary emergency affecting life, health, safety, property, or the environment.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Oversight and Government Reform.

September 27, 2018

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HouseIntro Referral

Introduced in House

September 27, 2018

HouseIntro Referral

Referred to the House Committee on Oversight and Government Reform.

September 27, 2018

Bill Text

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Introduced in HouseIssued September 27, 2018

I

115th CONGRESS

2d Session

H. R. 6938

IN THE HOUSE OF REPRESENTATIVES

September 27, 2018

Mr. Bishop of Michigan introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

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

1.

Short title

This Act may be cited as the Rightsizing the Federal Workforce Through Attrition Act.

2.

Federal workforce reductions through attrition

(a)

Limitation

(1)

In general

The President, acting through the Office of Management and Budget and in consultation with the Office of Personnel Management, shall take appropriate measures to ensure that, effective beginning in fiscal year 2019 and during each fiscal year thereafter, the total number of Federal employees shall not exceed 90 percent of the total number of Federal employees as of September 30, 2018, as determined under subsection (b).

(2)

Counting rule

For purposes of this Act, any determination of the number of employees in an agency shall be expressed on a full-time equivalent basis.

(b)

Monitoring and notification

The Office, in consultation with the Office of Personnel Management—

(1)

shall continuously monitor all agencies and make a determination, as of September 30, 2018, and the last day of each quarter of each fiscal year beginning thereafter, as to whether the total number of Federal employees exceeds the maximum number allowable under subsection (a); and

(2)

if a determination under paragraph (1) is made that the total number of Federal employees exceeds such maximum, shall provide written notice of that determination to the President and Congress.

(c)

Compliance

(1)

In general

Whenever, with respect to the quarter ending after September 30, 2018, the Office provides written notice under subsection (b)(2) that the total number of Federal employees exceeds the maximum number allowable under subsection (a), no agency may appoint any employee to fill any vacancy within such agency until the Office provides written notice to the President and Congress of a determination under subsection (b)(1) that the total number of Federal employees no longer exceeds the maximum number allowable under subsection (a).

(2)

Replacement rate

To the extent necessary to achieve the workforce reduction required by this section, the Office, in consultation with the Office of Personnel Management, shall take appropriate measures to ensure that agencies shall appoint no more than 1 employee for every 3 employees retiring or otherwise separating from Government service after the date of the enactment of this Act.

(d)

Waiver for emergencies

This section may be waived upon a determination by the President that—

(1)

the existence of a state of war or other national security concern so requires; or

(2)

the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires.

(e)

Definitions

In this section—

(1)

the term agency means an Executive agency as defined by section 105 of title 5, United States Code, but does not include the Government Accountability Office;

(2)

the term Federal employee means an employee as defined by section 2105 of such title;

(3)

the term Office means the Office of Management and Budget; and

(4)

the term total number of Federal employees means the total number of Federal employees in all agencies.