[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4642 Referred in Senate (RFS)]

  2d Session
                                H. R. 4642


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2000

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 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.

            Passed the House of Representatives September 19, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.