[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4642 Enrolled Bill (ENR)]

        H.R.4642

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
 To make certain personnel flexibilities available with respect to the 
           General Accounting Office, 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. VOLUNTARY EARLY RETIREMENT AUTHORITY.

    (a) Civil Service Retirement System.--Effective for purposes of the 
period beginning on the date of the enactment of this Act and ending on 
December 31, 2003, paragraph (2) of section 8336(d) of title 5, United 
States Code, shall, with respect to officers and employees of the 
General Accounting Office, be applied as if it had been amended to read 
as follows:
        ``(2)(A) has been employed continuously by the General 
    Accounting Office for at least the 31-day period immediately 
    preceding the start of the period referred to in subparagraph (D);
        ``(B) is serving under an appointment that is not time limited;
        ``(C) has not received a notice of involuntary separation, for 
    misconduct or unacceptable performance, with respect to which final 
    action remains pending; and
        ``(D) is separated from the service voluntarily during a period 
    with respect to which the Comptroller General determines that the 
    application of this subsection is necessary and appropriate for the 
    purpose of--
            ``(i) realigning the General Accounting Office's workforce 
        in order to meet budgetary constraints or mission needs;
            ``(ii) correcting skill imbalances; or
            ``(iii) reducing high-grade, managerial, or supervisory 
        positions;''.
    (b) Federal Employees' Retirement System.--Effective for purposes 
of the period beginning on the date of the enactment of this Act and 
ending on December 31, 2003, subparagraph (B) of section 8414(b)(1) of 
title 5, United States Code, shall, with respect to officers and 
employees of the General Accounting Office, be applied as if it had 
been amended to read as follows:
        ``(B)(i) has been employed continuously by the General 
    Accounting Office for at least the 31-day period immediately 
    preceding the start of the period referred to in clause (iv);
        ``(ii) is serving under an appointment that is not time 
    limited;
        ``(iii) has not received a notice of involuntary separation, 
    for misconduct or unacceptable performance, with respect to which 
    final action remains pending; and
        ``(iv) is separated from the service voluntarily during a 
    period with respect to which the Comptroller General determines 
    that the application of this subsection is necessary and 
    appropriate for the purpose of--
            ``(I) realigning the General Accounting Office's workforce 
        in order to meet budgetary constraints or mission needs;
            ``(II) correcting skill imbalances; or
            ``(III) reducing high-grade, managerial, or supervisory 
        positions;''.
    (c) Numerical Limitation.--Not to exceed 10 percent of the General 
Accounting Office's workforce (as of the start of a fiscal year) shall 
be permitted to take voluntary early retirement in such fiscal year 
pursuant to this section.
    (d) Regulations.--The Comptroller General shall prescribe any 
regulations necessary to carry out this section, including regulations 
under which an early retirement offer may be made to any employee or 
group of employees based on--
        (1) geographic area, organizational unit, or occupational 
    series or level;
        (2) skills, knowledge, or performance; or
        (3) such other similar factors (or combination of factors 
    described in this or any other paragraph of this subsection) as the 
    Comptroller General considers necessary and appropriate in order to 
    achieve the purpose involved.

SEC. 2. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

    (a) In General.--Effective for purposes of the period beginning on 
the date of the enactment of this Act and ending on December 31, 2003, 
the authority to provide voluntary separation incentive payments shall 
be available to the Comptroller General with respect to employees of 
the General Accounting Office.
    (b) Terms and Conditions.--The authority to provide voluntary 
separation incentive payments under this section shall be available in 
accordance with the provisions of subsections (a)(2)-(e) of section 663 
of the Treasury, Postal Service, and General Government Appropriations 
Act, 1997, as contained in Public Law 104-208 (5 U.S.C. 5597 note), 
except that--
        (1) subsection (a)(2)(D) of such section shall be disregarded;
        (2) subsection (a)(2)(G) of such section shall be applied by 
    construing the citations therein to be references to the 
    appropriate authorities in connection with employees of the General 
    Accounting Office;
        (3) subsection (b)(1) of such section shall be applied by 
    substituting ``Committee on Government Reform'' for ``Committee on 
    Government Reform and Oversight'';
        (4)(A) subsection (b)(2)(A) of such section shall be applied by 
    substituting ``eliminated (if any)'' for ``eliminated'';
        (B) subsection (b)(2)(C) of such section shall be applied by 
    substituting ``such positions or functions as are to be eliminated 
    and such employees as are to be separated'' for ``the eliminated 
    positions and functions''; and
        (C) the agency strategic plan referred to in subsection (b) of 
    such section shall, in addition to the information described in 
    paragraph (2) thereof, contain the following: the steps to be taken 
    to realign the General Accounting Office's workforce in order to 
    meet budgetary constraints or mission needs, correct skill 
    imbalances, or reduce high-grade, managerial, or supervisory 
    positions;
        (5) subsection (c)(1) of such section shall be applied by 
    substituting ``to the extent necessary (A) to realign the General 
    Accounting Office's workforce in order to meet budgetary 
    constraints or mission needs, (B) to correct skill imbalances, or 
    (C) to reduce high-grade, managerial, or supervisory positions, in 
    conformance with that agency's strategic plan (as referred to in 
    subsection (b)).'' for the matter following ``only'';
        (6) subsection (c)(2)(D) of such section shall be applied by 
    substituting ``December 31, 2003, or the end of the 3-month period 
    beginning on the date on which such payment is offered to such 
    employee, whichever is earlier'' for ``December 31, 1997''; and
        (7) instead of the amount described in paragraph (1) of 
    subsection (d) of such section, the amount required under such 
    paragraph shall be determined in accordance with subsection (c)(1) 
    of this section.
    (c) Additional Contribution to Retirement Fund.--
        (1) Determination of amount required.--The amount required 
    under this paragraph shall be the amount determined under 
    subparagraph (A) or (B), whichever is greater, for the fiscal year 
    involved.
            (A) First method.--The amount required under this 
        subparagraph shall be determined as follows:
                (i) First, determine the sum of the following:

                    (I) The amount equal to 19 percent of the final 
                basic pay of each employee described in paragraph (2) 
                who takes early retirement under section 8336(d) of 
                title 5, United States Code.
                    (II) The amount equal to 58 percent of the final 
                basic pay of each employee described in paragraph (2) 
                who retires on an immediate annuity under section 8336 
                of such title 5 (not including any employee covered by 
                subclause (I)).

                (ii) Second, reduce the sum of the amounts determined 
            under clause (i) by the sum of the following (but not below 
            zero):

                    (I) The amount equal to 419 percent of the final 
                basic pay of each employee described in paragraph (2), 
                who is covered by subchapter III of chapter 83 of title 
                5, United States Code, and who resigns.
                    (II) The amount equal to 17 percent of the final 
                basic pay of each employee described in paragraph (2) 
                who takes early retirement under section 8414(b) of 
                such title 5.
                    (III) The amount equal to 8 percent of the final 
                basic pay of each employee described in paragraph (2) 
                who retires on an immediate annuity under section 8412 
                of such title 5.
                    (IV) The amount equal to 211 percent of the final 
                basic pay of each employee described in paragraph (2), 
                who is covered by chapter 84 of such title 5, and who 
                resigns.

            (B) Second method.--The amount required under this 
        subparagraph shall be equal to 45 percent of the final basic 
        pay of each employee described in paragraph (2).
        (2) Computations to be based on separations occurring in the 
    fiscal year involved.--The employees described in this paragraph 
    are those employees who receive a voluntary separation incentive 
    payment under this section based on their separating from service 
    during the fiscal year involved.
        (3) Regulations.--
            (A) In general.--The Office of Personnel Management shall 
        prescribe any regulations necessary to carry out this 
        subsection, including provisions under which any additional 
        contribution determined under this subsection shall, at the 
        election of the General Accounting Office, be payable either in 
        a lump sum or through installment payments made over a period 
        of not to exceed 3 years.
            (B) Interest.--The regulations shall include provisions 
        under which, if the installment method is chosen, interest 
        shall be payable at the same rate as provided for under section 
        8348(f) of title 5, United States Code.
        (4) Rule of construction.--As used in this subsection, the term 
    ``resign'' shall not be considered to include early retirement or a 
    separation giving rise to an immediate annuity.
    (d) Definitions.--
        (1) Final basic pay.--As used in this section, the term ``final 
    basic pay'' has the same meaning as under section 663(d)(2) of the 
    Treasury, Postal Service, and General Government Appropriations 
    Act, 1997, as contained in Public Law 104-208 (5 U.S.C. 5597 note).
        (2) Employee.--As used in this section and, for purposes of 
    this section, the provisions of law cited in subsection (b), the 
    term ``employee'' shall be considered to refer to an officer or 
    employee of the General Accounting Office.
    (e) Numerical Limitation.--Not to exceed 5 percent of the General 
Accounting Office's workforce (as of the start of a fiscal year) shall 
be permitted to receive a voluntary separation incentive payment under 
this section based on their separating from service in such fiscal 
year.
    (f) Regulations.--The Comptroller General shall prescribe any 
regulations necessary to carry out this section, excluding subsection 
(c). Such regulations shall include provisions under which a voluntary 
separation incentive payment may be offered to any employee or group of 
employees based on--
        (1) geographic area, organizational unit, or occupational 
    series or level;
        (2) skills, knowledge, or performance; or
        (3) such other similar factors (or combination of factors 
    described in this or any other paragraph of this subsection) as the 
    Comptroller General considers necessary and appropriate in order to 
    achieve the purpose involved.

SEC. 3. REDUCTIONS IN FORCE.

    (a) Modified Procedures.--
        (1) In general.--Subsection (h) of section 732 of title 31, 
    United States Code, is amended to read as follows:
    ``(h)(1)(A) Notwithstanding any other provision of law, the 
Comptroller General shall prescribe regulations, consistent with 
regulations issued by the Office of Personnel Management under 
authority of section 3502(a) of title 5 for the separation of employees 
of the General Accounting Office during a reduction in force or other 
adjustment in force.
    ``(B) The regulations must give effect to the following factors in 
descending order of priority--
        ``(i) tenure of employment;
        ``(ii) military preference subject to section 3501(a)(3) of 
    title 5;
        ``(iii) veterans' preference under sections 3502(b) and 3502(c) 
    of title 5;
        ``(iv) performance ratings;
        ``(v) length of service computed in accordance with the second 
    sentence of section 3502(a) of title 5; and
        ``(vi) other objective factors such as skills and knowledge 
    that the Comptroller General considers necessary and appropriate to 
    realign the agency's workforce in order to meet current and future 
    mission needs, to correct skill imbalances, or to reduce high-
    grade, managerial, or supervisory positions.
    ``(C) Notwithstanding subparagraph (B), the regulations relating to 
removal from the General Accounting Office Senior Executive Service in 
a reduction in force or other adjustment in force shall be consistent 
with section 3595(a) of title 5.
    ``(2)(A) The regulations shall provide a right of appeal to the 
General Accounting Office Personnel Appeals Board regarding a personnel 
action under the regulations, consistent with section 753 of this 
title.
    ``(B) The regulations shall provide that final decision by the 
General Accounting Office Personnel Appeals Board may be reviewed by 
the United States Court of Appeals for the Federal Circuit consistent 
with section 755 of this title.
    ``(3)(A) Except as provided in subparagraph (B), an employee may 
not be released, due to a reduction force, unless such employee is 
given written notice at least 60 days before such employee is so 
released. Such notice shall include--
        ``(i) the personnel action to be taken with respect to the 
    employee involved;
        ``(ii) the effective date of the action;
        ``(iii) a description of the procedures applicable in 
    identifying employees for release;
        ``(iv) the employee's ranking relative to other competing 
    employees, and how that ranking was determined; and
        ``(v) a description of any appeal or other rights which may be 
    available.
    ``(B) The Comptroller General may, in writing, shorten the period 
of advance notice required under subparagraph (A) with respect to a 
particular reduction in force, if necessary because of circumstances 
not reasonably foreseeable, except that such period may not be less 
than 30 days.''.
        (2) Effective date.--Subject to paragraph (3), the amendment 
    made by paragraph (1) shall apply with respect to all reduction-in-
    force actions taking effect on or after--
            (A) the 180th day following the date of the enactment of 
        this Act; or
            (B) if earlier, the date the Comptroller General issues the 
        regulations required under such amendment.
        (3) Savings provisions.--If, before the effective date 
    determined under paragraph (2), specific notice of a reduction-in-
    force action is given to an individual in accordance with section 1 
    of chapter 5 of GAO Order 2351.1 (dated February 28, 1996), then, 
    for purposes of determining such individual's rights in connection 
    with such action, the amendment made by paragraph (1) shall be 
    treated as if it had never been enacted.
    (b) Authority To Permit Voluntary Separations To Avoid Reductions 
in Force.--
        (1) In general.--Section 732 of title 31, United States Code 
    (as amended by subsection (a)), is amended by adding at the end the 
    following:
    ``(i) The regulations under subsection (h) shall include provisions 
under which, at the discretion of the Comptroller General, the 
opportunity to separate voluntarily (in order to permit the retention 
of an individual occupying a similar position) shall, with respect to 
the General Accounting Office, be available to the same extent and in 
the same manner as described in subsection (f)(1)-(4) of section 3502 
of title 5 (with respect to the Department of Defense or a military 
department).''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    take effect on the date of the enactment of this Act.

SEC. 4. SENIOR-LEVEL POSITIONS.

    (a) Critical Positions.--
        (1) In general.--Title 31, United States Code, is amended by 
    inserting after section 732 the following:

``Sec. 732a. Critical positions

    ``(a) The Comptroller General may establish senior-level positions 
to meet critical scientific, technical or professional needs of the 
General Accounting Office. An individual serving in such a position 
shall--
        ``(1) be subject to the laws and regulations applicable to the 
    General Accounting Office Senior Executive Service under section 
    733 of this title, with respect to rates of basic pay, performance 
    awards, ranks, carry over of annual leave, benefits, performance 
    appraisals, removal or suspension, and reductions in force;
        ``(2) have the same rights of appeal to the General Accounting 
    Office Personnel Appeals Board as are provided to the Office Senior 
    Executive Service;
        ``(3) be exempt from the same provisions of law as are made 
    inapplicable to the Office Senior Executive Service under section 
    733(d) of this title, except for section 732(e) of this title;
        ``(4) be entitled to discontinued service retirement under 
    chapter 83 or 84 of title 5 as if a member of the Office Senior 
    Executive Service; and
        ``(5) be subject to reassignment by the Comptroller General to 
    any position in the Office Senior Executive Service under section 
    733 of this title, as the Comptroller General determines necessary 
    and appropriate.
    ``(b) Senior-level positions under this section may include 
positions referred to in section 731(d), (e)(1), or (e)(2) of this 
title.''.
        (2) Numerical limitation applies.--Section 732(c)(4) of title 
    31, United States Code, is amended--
            (A) by inserting ``(including senior-level positions under 
        section 732a of this title)'' after ``129 positions''; and
            (B) by striking ``title);'' and inserting ``title and 
        senior-level positions described in section 732a(b) of this 
        title);''.
        (3) Clerical amendment.--The table of sections for chapter 7 of 
    title 31, United States Code, is amended by inserting after the 
    item relating to section 732 the following:

``732a. Critical positions.''.

    (b) Reassignment to Senior-Level Positions.--Section 733(a) of 
title 31, United States Code, is amended--
        (1) by striking ``and'' at the end of paragraph (6);
        (2) by redesignating paragraph (7) as paragraph (8); and
        (3) by inserting after paragraph (6) the following:
        ``(7) allowing the Comptroller General to reassign an officer 
    or employee in the Office Senior Executive Service to any senior-
    level position established under section 732a of this title, as the 
    Comptroller General determines necessary and appropriate; and''.

SEC. 5. EXPERTS AND CONSULTANTS.

    Section 731(e) of title 31, United States Code, is amended--
        (1) in paragraph (1) by striking ``not more than 3 years'' and 
    inserting ``terms of not more than 3 years, but which shall be 
    renewable''; and
        (2) in paragraph (2) by striking ``level V'' and inserting 
    ``level IV''.

SEC. 6. REPORTING REQUIREMENTS.

    (a) Annual Reports.--The Comptroller General shall include in each 
report submitted to Congress under section 719(a) of title 31, United 
States Code, during the 5-year period beginning on the date of the 
enactment of this Act--
        (1) a review of all actions taken pursuant to sections 1 
    through 3 of this Act during the period covered by the report, 
    including--
            (A) the number of officers or employees who separated from 
        service pursuant to section 1 or 2, or who were released 
        pursuant to a reduction in force conducted under the amendment 
        made by section 3, during such period;
            (B) an assessment of the effectiveness and usefulness of 
        those sections in contributing to the agency's ability to carry 
        out its mission, meet its performance goals, and fulfill its 
        strategic plan; and
            (C) with respect to the amendment made by section 3, an 
        assessment of the impact such amendment has had with respect to 
        preference eligibles, including--
                (i) whether a disproportionate number or percentage of 
            preference eligibles were included among those who became 
            subject to reduction-in-force actions as a result of such 
            amendment;
                (ii) whether a disproportionate number or percentage of 
            preference eligibles were in fact released pursuant to 
            reductions in force under such amendment; and
                (iii) to the extent that either of the foregoing is 
            answered in the affirmative, the reasons for the 
            disproportionate impact involved (particularly, whether 
            such amendment caused or contributed to the 
            disproportionate impact involved); and
        (2) recommendations for any legislation which the Comptroller 
    General considers appropriate with respect to any of those 
    sections.
    (b) Three-Year Assessment.--Not later than 3 years after the date 
of the enactment of this Act, the Comptroller General shall submit to 
the Congress a report concerning the implementation and effectiveness 
of this Act. Such report shall include--
        (1) a summary of the portions of the annual reports required 
    under subsection (a);
        (2) recommendations for continuation of section 1 or 2 or any 
    legislative changes to section 1 or 2 or the amendment made by 
    section 3; and
        (3) any assessment or recommendations of the General Accounting 
    Office Personnel Appeals Board or of any interested groups or 
    associations representing officers or employees of the General 
    Accounting Office.
    (c) Preference Eligible Defined.--For purposes of this section, the 
term ``preference eligible'' has the meaning given such term under 
section 2108(3) of title 5, United States Code.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.