Assessment of Public Law 106-303: The Role of Personnel 	 
Flexibilities in Strengthening GAO's Human Capital (27-JUN-03,	 
GAO-03-954SP).							 
                                                                 
Leading public organizations here and abroud have found that	 
strategic human capital management must be the centerpiece of any
serious change management initiative and effort to transform the 
culture of government agancies. GAO is not immune to these	 
challenges facing the federal government. Over the past 3 years, 
however, we have made considerable progress toward addressing a  
number of our major human capital challenges through various	 
initiatives. While many of the initiatives were administrative in
nature, the additional flexibilities that the Congress authorized
in Public Law 106-303 have helped to ensure that we have the	 
right staff, with the right skills, in the right locations to	 
better meet the needs of the Congress and the American people.	 
-------------------------Indexing Terms------------------------- 
REPORTNUM:   GAO-03-954SP					        
    ACCNO:   A07382						        
  TITLE:     Assessment of Public Law 106-303: The Role of Personnel  
Flexibilities in Strengthening GAO's Human Capital		 
     DATE:   06/27/2003 
  SUBJECT:   Strategic planning 				 
	     Human resources utilization			 
	     Federal law					 
	     Labor force					 

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GAO-03-954SP

Report to Congressional Committees

United States General Accounting Office

GAO

June 2003 ASSESSMENT OF PUBLIC LAW 106- 303

The Role of Personnel Flexibilities in Strengthening GAO's Human Capital

GAO- 03- 954SP

Page i GAO- 03- 954SP Assessment of Public Law 106- 303 Letter 1
Introduction 5

Implementation of the Act 7 Public Law 106- 303 8 Section 1: Voluntary
Early Retirement 8 Section 2: Voluntary Separation Incentive Payments 11
Section 3: Reduction in Force 12 Section 4: Senior- Level Positions 13
Employees*, Personnel Appeals Board*s, and Senior Executives* Assessments
14

Appendix I GAO Order 2831.1 16

Appendix II GAO Order 2351.1 21

Appendix III GAO Order 2319.1 51

Table

Table 1: Summary Data on Voluntary Early Retirements 9 Figure

Figure 1: GAO*s Human Capital Profile 10 Contents

This is a work of the U. S. Government and is not subject to copyright
protection in the United States. It may be reproduced and distributed in
its entirety without further permission from GAO. It may contain
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materials separately from GAO*s product.

Page 1 GAO- 03- 954SP Assessment of Public Law 106- 303

June 27, 2003 Congressional Committees Leading public organizations here
and abroad have found that strategic human capital management must be the
centerpiece of any serious change management initiative and effort to
transform the culture of government agencies. GAO is not immune to these
challenges facing the federal government. Over the past 3 years, however,
we have made considerable progress toward addressing a number of our major
human capital challenges through various initiatives. While many of the
initiatives were administrative in nature, the additional flexibilities
that the Congress authorized in Public Law 106- 303 have helped to ensure
that we have the right staff, with the right skills, in the right
locations to better meet the needs of the Congress and the American
people. As we approach the third anniversary of Public Law 106- 303*s
passage, we

are submitting this assessment in accordance with section 6( b) of that
law. This report contains information about our use of the flexibilities
authorized by section 1, Voluntary Early Retirement; section 2, Voluntary
Separation Incentive Payments; and section 3, Modified Reduction in Force
Procedures; and presents our recommendations on the retention of sections
1 and 2. We do not have any recommendations for modifying section 3 at
this time. To the extent possible, we have provided our assessment of the
effectiveness of the flexibilities in addressing the challenges we faced
when we requested the legislation. We have also included information about
our use of the law*s senior- level provision. Lastly, we have included a
summary of the responses provided by the Personnel Appeals Board, GAO*s
Employee Advisory Council and GAO*s senior executives with regard to this
report and our recommendations.

United States General Accounting Office Washington, DC 20548

Comptroller General of the United States

Page 2 GAO- 03- 954SP Assessment of Public Law 106- 303

If you or members of your staff have any questions or comments about
matters discussed in this report, please contact me at (202) 512- 5500 or
walkerd@ gao. gov or Gene L. Dodaro, Chief Operating Officer, at (202)
5125600 or dodarog@ gao. gov.

Sincerely yours, David M. Walker Comptroller General of the United States

Page 3 GAO- 03- 954SP Assessment of Public Law 106- 303

List of Congressional Committees The Honorable Ted Stevens Chairman The
Honorable Robert C. Byrd Ranking Minority Member Committee on
Appropriations United States Senate

The Honorable Ben Nighthorse Campbell Chairman The Honorable Richard J.
Durbin Ranking Minority Member Subcommittee on the Legislative Branch
Committee on Appropriations United States Senate

The Honorable Susan M. Collins Chairman The Honorable Joseph I. Lieberman
Ranking Minority Member Committee on Governmental Affairs United States
Senate

The Honorable Peter G. Fitzgerald Chairman The Honorable Daniel K. Akaka
Ranking Minority Member Subcommittee on Financial Management,

the Budget and International Security Committee on Governmental Affairs
United States Senate

The Honorable George V. Voinovich Chairman The Honorable Richard J. Durbin
Ranking Minority Member Subcommittee on Oversight of

Government Management, the Federal Workforce and the District of Columbia
Committee on Governmental Affairs United States Senate

Page 4 GAO- 03- 954SP Assessment of Public Law 106- 303

The Honorable C. W. Bill Young Chairman The Honorable David Obey Ranking
Minority Member Committee on Appropriations House of Representatives

The Honorable Jack Kingston Chairman The Honorable James P. Moran Ranking
Minority Member Subcommittee on Legislative Committee on Appropriations
House of Representatives

The Honorable Tom Davis Chairman The Honorable Henry A. Waxman Ranking
Minority Member Committee on Government Reform House of Representatives

The Honorable Jo Ann Davis Chairwoman The Honorable Danny K. Davis

Ranking Minority Member Subcommittee on Civil Service

and Agency Organization Committee on Government Reform House of
Representatives

Introduction Page 5 GAO- 03- 954SP Assessment of Public Law 106- 303

The U. S. General Accounting Office exists to support the Congress in
meeting its constitutional responsibilities and to help improve the
performance and assure the accountability of the federal government for
the benefit of the American people. Given GAO*s role as a key provider of
information and analyses to the Congress, maintaining the right mix of
technical knowledge and subject matter expertise as well as general
analytical skills is vital to achieving the agency*s mission. GAO spends
about 80 percent of its resources on its people. And yet, like other
federal agencies, GAO has faced significant human capital challenges*
challenges that if not effectively addressed, could impair the timeliness
and quality of its work for its congressional clients and the American
people they

represent. A number of these challenges were created by the significant
reduction in the size of GAO undertaken in the mid- 1990s. Specifically,
from 1992 through 1997, GAO underwent budgetary cuts totaling 33 percent
in constant fiscal 1992 dollars. To achieve those budgetary reductions
while meeting other agency needs, GAO reduced the number of its employees
39 percent through extensive field office closings and targeted reductions
in

headquarters staff. To conform to the reduced budgetary ceiling, GAO then
instituted a virtual hiring freeze at the entry level, cut training for
all staff, suspended agencywide incentive programs, and at times used mid-
level promotions as a retention strategy. Because of the reduction in
hiring, the average age of the agency*s workforce increased, and the
retirement eligibility of staff accelerated. GAO*s analyses showed that by
the end of fiscal 2004, about 34 percent of all GAO employees would be
eligible to retire. For upper- level staff, the proportion eligible to
retire was even larger* 48 percent of all band III management- level
employees and 55 percent of all Senior Executive Service members.

Thus, as at many federal agencies, GAO*s human capital profile reflected a
workforce that was smaller, closer to retirement, and at increasingly
higher- grade levels. In addition to the succession- related concerns
raised by such a profile, GAO also faced a range of skills gaps. As major
policy issues have become more complex and as technology has radically
altered the way the federal government conducts business, the types of
skills and

knowledge needed by GAO staff have been evolving, and the need for
sophisticated technical skills has been increasing. Early in his tenure,
Comptroller General David Walker recognized that

GAO*s human capital profile and selected skills gaps presented serious
challenges to GAO*s future ability to serve the Congress. Comptroller
General Walker also sought to have GAO become a model federal agency
Introduction

Introduction Page 6 GAO- 03- 954SP Assessment of Public Law 106- 303

and a world- class professional services organization that focuses on
delivering positive results for the Congress and the country. The agency*s
ability to operate in an efficient, effective, and economical manner and
meet the ever- changing and increasingly complex needs of the Congress
could be seriously compromised if GAO*s human capital challenges were not
effectively addressed. As a first step in addressing these concerns, GAO
used its internal

administrative authority to implement measures to improve the alignment of
its human capital with the agency*s overall strategic goals and objectives
as contained in GAO*s Strategic Plan. Subsequent to developing its first
strategic plan, GAO undertook a number of major human capital

initiatives, including an agencywide realignment and reorganization, an
overall human capital self- assessment, the revitalization of its
recruiting and college relations programs, an agencywide knowledge and
skills inventory, the development of competency- based performance
appraisal systems, the establishment of an Employee Advisory Council, the
enhancement of GAO*s employee benefit programs, a comprehensive employee
feedback survey, a workforce- planning process, and the establishment of a
professional development program for entry- level analysts.

In addition to these initiatives, GAO*s leadership recognized that
additional steps to reshape the agency*s workforce were necessary and that
preexisting personnel authorities did not allow the agency to address
these challenges effectively. Therefore, GAO sought legislation
establishing narrowly tailored flexibilities that would help to reshape
the agency*s workforce and recruit and retain staff with needed technical
skills. Based on a sound business case, Public Law 106- 303* known as the
GAO Personnel Flexibilities Act* became law in October 2000. The act
authorized the Comptroller General to implement the following personnel
flexibilities:

1. Offer voluntary early retirement to realign the workforce to meet
budgetary constraints or mission needs; correct skill imbalances; or
reduce high- grade, managerial, or supervisory positions.

2. Offer separation incentive payments to realign the workforce to meet
budgetary constraints or mission needs; correct skill imbalances; or
reduce high- grade, supervisory, or managerial positions.

Introduction Page 7 GAO- 03- 954SP Assessment of Public Law 106- 303

3. Establish modified regulations for the separation of employees during a
reduction or other adjustment in force. 4. Establish senior- level
scientific, technical, and professional

positions and provide those positions with the same pay and benefits
applicable to the Senior Executive Service while remaining within GAO*s
current allocation of super- grade positions.

After the Congress passed the act in 2000 and the President signed it into
law, GAO began the process of developing regulations to implement the four
authorities it established. Because stakeholder involvement is a critical
component of successful human capital management, particularly when
initiatives are being introduced, GAO established a standard practice

to ensure employee involvement in significant agency initiatives. GAO*s
standard practice involves the initial discussion and presentation of
draft proposals to members of GAO*s Employee Advisory Council* a panel of
employees representing a variety of employee constituent groups* and also
to the agency*s senior executives. The Comptroller General was personally
involved in the vast majority of those exchanges, which afforded an
opportunity for the direct communication of employees* and managers*
reactions. After the views of employees and managers were considered,
further changes were made, if needed, before the draft proposal was issued
to all employees for their review and consideration. Materials were posted
on GAO*s intranet home page, and employees were notified by E- mail that
proposals were available for their review, comments, and suggestions for a
period of 30 days. The documents were posted in a user- friendly format
that allowed employees to access the documents and provide comments
directly on any or all of the provisions. Generally, the regulations were
accompanied by *Frequently Asked Questions,* which elaborated on and
explained the details of the provisions. The agency received 60 comments
on the voluntary early retirement order, 33 on the workforce restructuring
order, and 12 on the senior- level order. These comments were collected,
reviewed, and carefully considered by GAO*s Executive Committee prior to
finalizing the regulations. The approaches that GAO took in implementing
these four flexibilities as

well as the results that the agency has achieved are described in the
following four sections. Implementation of the

Act

Public Law 106- 303 Page 8 GAO- 03- 954SP Assessment of Public Law 106-
303

At the time the GAO Personnel Flexibilities Act was passed, GAO*s
workforce was sparse at the entry level and plentiful at the midlevel. The
agency was concerned about its ability to support the Congress with
experienced and knowledgeable staff, given the significant percentage of
the agency*s senior managers and analysts reaching retirement eligibility
and the relatively small number of entry- level employees who were in
training to replace more senior staff. The use of the voluntary early
retirement authority provided in section 1 of the act is one of the tools
that the agency has used to confront this serious issue* one that is
facing much of the federal community.

The act allows the Comptroller General to offer voluntary early retirement
to up to 10 percent of the workforce when necessary or appropriate to
realign the workforce to address budgetary or mission constraints; correct
skill imbalances; or reduce high- grade, supervisory, or managerial
positions. This flexibility represents a proactive use of early retirement
to shape the workforce to prevent or ameliorate future problems. GAO Order
2831. 1, Voluntary Early Retirement, containing the agency*s final
regulations, was issued in April 2001 and is included in appendix I. Under
the regulations, each time the Comptroller General approves a voluntary
early retirement opportunity, he establishes the categories of employees

who are eligible to apply. These categories are based on the need to
ensure that those employees who are eligible to request voluntary early
retirement are those whose separations are consistent with one or more of
the three reasons for which the Comptroller General may authorize early
retirements. Pursuant to GAO*s regulations, these categories are defined
in terms of one or more of the following criteria:

 organizational unit or subunit,  occupational series,  grade or band
level,  skill or knowledge requirements,  performance appraisal average,
 geographic location, or  other similar factors that the Comptroller
General deems necessary

and appropriate. Since it is essential that GAO retain employees with
critical skills as well as its highest performers, certain categories of
employees have been ineligible under the criteria. Some examples of
ineligible categories are employees receiving retention allowances because
of their unusually high or unique qualifications; economists, because of
the difficulty that the

agency has experienced in recruiting them; and staff in the information
Public Law 106- 303

Section 1: Voluntary Early Retirement

Public Law 106- 303 Page 9 GAO- 03- 954SP Assessment of Public Law 106-
303

technology area. In addition, employees with performance appraisal
averages above a specified level have not been eligible under the
criteria. To give the fullest consideration to all interested employees,
however, any

employee may apply for consideration when an early retirement opportunity
is announced, even if he or she does not meet the stated criteria. The
Comptroller General may authorize early retirements for these applicants
on the basis of the facts and circumstances of each case. The Comptroller
General or his Executive Committee designee( s) considers each applicant
and makes final decisions on the basis of the institutional needs of GAO.
Only employees whose release is consistent with the law and GAO*s
objective in allowing early retirement are authorized to retire early. In
some cases, this has meant that employees* requests must be denied. GAO
held its first voluntary early retirement opportunity in July 2001.

Employees who were approved for early retirement were required to separate
in the first quarter of fiscal 2002. As required by the act, information
on the fiscal 2002 early retirements was reported in an appendix to our
2002 Performance and Accountability Report. Another voluntary early
retirement opportunity was authorized in fiscal 2003, and employees were
required to separate by March 14, 2003. Table 1 provides

the data on the number of employees separated by voluntary early
retirement as of May 30, 2003.

Table 1: Summary Data on Voluntary Early Retirements Fiscal year 2002
Fiscal year 2003 Totals Applications/ Status of applications Number
Percentage

of total Number Percentage of total Number Percentage

of total

Total applications submitted 78 100.0 39 100.0 117 100.0 Approved
applications 72 92.3 37 94.8 109 93.1 Disapproved applications 6 7. 7 2 5.
1 8 6. 8 Approved applications withdrawn by employees 18 23.0 12 30.7 30
25.6 Applicants separated by voluntary early retirement 54 69.3 25 64.1 79
67.5 Source: GAO. Of the 79 employees who separated from GAO through
voluntary early

retirement, 66, or 83.5 percent, were high- grade, supervisory, or
managerial employees. High- grade, supervisory, or managerial employees
are those who are in grade GS- 13 or above, if covered by GAO*s General
Schedule, in band II or above, if covered by GAO*s banded systems for

Public Law 106- 303 Page 10 GAO- 03- 954SP Assessment of Public Law 106-
303

Analysts and Attorneys or in any position in GAO*s Senior Executive
Service or Senior Level system.

GAO*s transformation effort is a work- in- progress and, for that reason,
the agency supports additional legislation to make the voluntary early
retirement provision in section 1 of Public Law 106- 303 permanent. While
the overall number of employees electing early retirement has been
relatively small, GAO believes that careful use of voluntary early
retirement has been an important tool in incrementally improving the
agency*s overall human capital profile. Each separation has freed
resources for another use, enabling GAO to fill an entry- level position
or to fill a position that will reduce a skill gap or address other
succession concerns. Importantly, these separations are accomplished
voluntarily with the acquiescence of both the employee and the agency.
Although GAO has made progress in improving its human capital profile,
there is still work to do. GAO needs to retain its option to use this
flexibility when necessary to address current and future concerns.

In making this recommendation, GAO points to its progress in changing the
overall shape of the organization. As illustrated in figure 1, by the end
of fiscal year 2002, GAO had almost a 74 percent increase in the
proportion of staff at the entry level (Band I) compared with fiscal year
1998. Also, the proportion of the agency*s workforce at the midlevel (Band
II) decreased by about 16 percent.

Figure 1: GAO*s Human Capital Profile

a Attorneys and criminal investigators. b Mission support includes both
mission and mission support offices. Since the beginning of fiscal 2001, a
total of 447 employees have retired

from GAO; 79 (or 17.6 percent) of those retirements are the result of

Public Law 106- 303 Page 11 GAO- 03- 954SP Assessment of Public Law 106-
303

GAO*s early retirement offerings, and as noted above, 83.5 percent of
those retiring were high- grade, supervisory, or managerial employees. The
loss of these higher- level staff, along with other employees whose skills
are no longer essential to GAO has helped the agency address succession

planning and skill imbalance issues, in addition to increasing the numbers
of entry- level staff who can be hired. In addition to authorizing
voluntary early retirement for GAO employees,

the act permits the Comptroller General to offer voluntary separation
incentive payments* also known as *buyouts** when necessary or appropriate
to realign the workforce to meet budgetary constraints or mission needs;
correct skill imbalances; or reduce high- grade, supervisory, or
managerial positions. Under the act, up to 5 percent of employees could be
offered such an incentive, subject to criteria established by the
Comptroller General.

The act requires GAO to deposit into the U. S. Treasury an amount
equivalent to 45 percent of the final annual basic salary of each employee
to whom a buyout is paid. The deposit is in addition to the actual buyout
amount, which can be up to $25,000 for an approved individual. Given the
many demands on agency resources, these costs present a strong financial
incentive to use the provision sparingly, if at all. GAO anticipates
little, if any, use of this authority because of the associated costs. For
this reason, as well as to avoid creating unrealistic employee
expectations, GAO has not developed and issued agency regulations to
implement this section of the act.

GAO also supports legislation making section 2*- authorizing the payment
of voluntary separation incentives* permanent. GAO notes that the Homeland
Security Act of 2002 provides most federal agencies with buyout authority.
Agencies with preexisting legislative authority to offer buyouts retain
their authority, although they may be covered under the Homeland Security
Act provision as well. Although GAO has not yet used its buyout authority
and has no plans to do so in the foreseeable future,

GAO recommends the retention of this flexibility and the elimination of
the expiration date of December 31, 2003. The continuation of this
provision maximizes the options available to the agency to deal with
future circumstances. Since GAO is also eligible to request buyouts under
the provisions of the Homeland Security Act, the agency will consider its
options under this provision as well. Section 2: Voluntary

Separation Incentive Payments

Public Law 106- 303 Page 12 GAO- 03- 954SP Assessment of Public Law 106-
303

Section 3 of the act allows the Comptroller General to prescribe
regulations for the separation of GAO employees during a reduction in
force or other adjustment in force consistent with those issued by the
Office of Personnel Management under section 3502( a) of title 5. In the
event that GAO is required to initiate involuntary job reductions,
employees would compete for retention on the basis of the following
factors in descending order of priority: tenure, veteran*s preference,
performance ratings, and length of federal service. At the discretion of
the Comptroller General, retention may also be based on other objective
factors, including skills and knowledge in addition to the preceding
criteria.

After careful analysis and deliberation, GAO Order 2351.1, Workforce
Restructuring Procedures for the General Accounting Office, containing
final agency regulations, was issued in January 2003. Those regulations,
which are included in appendix II, provide for establishing *zones of
consideration,* which define the geographical and organizational
boundaries within which employees compete for retention. All employees
would be placed in *job groups* that comprise all positions within a zone

of consideration that are at the same grade or band level and that perform
the same duties and responsibilities. The highest priority would be placed
on an employee*s tenure of employment and veteran*s preference. After
consideration of those two factors, an employee would be ranked on the
basis of his or her retention score. This score is based on the employee*s
3- year appraisal average and his or her length of creditable federal
service; greater weight is placed on performance than on length of
service.

GAO has not taken any actions under its workforce restructuring
regulations and is sensitive to concerns that were expressed prior to the
passage of Public Law 106- 303 about the potential impact of GAO*s
modified reduction in force procedures on veterans. GAO is committed to
protecting the rights of veterans in a manner consistent with title 5 and
has retained all veterans* protections in GAO orders. Therefore, GAO does
not foresee any impact on veterans that would differ from those at any
other agency involved in realigning or reducing their workforce.

Section 3, authorizing the Comptroller General to develop modified
regulations for the conduct of a reduction or other adjustment in force,
is a permanent authority. The act requires GAO to provide any
recommendations for changes to the section at this time. GAO is unable to

offer recommendations, however, because the procedures have not yet been
used. Circumstances leading to the decision to separate employees
involuntarily are infrequent, and it may be years before the agency has
any Section 3: Reduction

in Force

Public Law 106- 303 Page 13 GAO- 03- 954SP Assessment of Public Law 106-
303

significant experience with the use of its procedures. Therefore, GAO has
no recommendations for changes to section 3 at this time.

To address a variety of complex issues, GAO needed to increase its skill
base in such highly competitive hiring areas as economics, information
technology, actuarial science, and evaluation methodology. Section 4 of
the act permits GAO to establish senior- level positions to meet critical
scientific, technical, or professional needs. To recruit and retain
qualified individuals, the act allows GAO to extend the rights and
benefits of Senior Executive Service employees to these positions. GAO
Order 2319. 1,

containing the agency*s regulations for the employment of senior- level
staff, was issued in March 2001 and is included in appendix III.

GAO has used this authority to fill eight senior- level positions,
including that of a Chief Accountant, Chief Economist, Chief Statistician,
and Chief Actuary. In addition, three senior- level technologists have
been appointed as well as a senior- level technologist with expertise in
cryptography. The expertise of these senior experts in highly specialized
areas of economics, technology, statistics, and cryptography has
contributed significantly to GAO*s efforts to support the Congress. The
accomplishments achieved with the expertise and contributions of the
agency*s senior- level employees include work on biometric technologies
for U. S. border security, anthrax irradiation of U. S. mail, and National
Missile Defense systems. These experts have also contributed to ensuring
that GAO*s work is based on the most technically accurate methodologies
for conducting cost- benefit studies and for utilizing appropriate data
sources. GAO has found this flexibility to be a critical component in its
efforts to ensure that the agency maintains the skills and knowledge
necessary to address the many highly complex areas of interest to the
Congress.

The act does not require recommendations from GAO on section 4, which
permits the agency to establish senior- level positions to meet critical
scientific, technical, or professional needs. Section 4: SeniorLevel

Positions

Employees*, Personnel Appeals Board*s, and Senior Executives* Assessments

Page 14 GAO- 03- 954SP Assessment of Public Law 106- 303

When the act was under consideration, some GAO employees expressed their
concerns about the legislation to their Congressional representatives. To
ensure the active consideration of employees* views, the act requires that
this report include any assessments or recommendations of the GAO
Personnel Appeals Board and of any interested groups or associations
representing officers or employees of GAO. GAO also agreed to include in
this report information about any impact upon employees* attitudes and

opinions, as measured by employee feedback survey responses. In response
to these requirements, GAO*s Human Capital Officer sent a request
soliciting recommendations for inclusion in this report to the Executive
Director of the Personnel Appeals Board. The agency also alerted the
members of GAO*s Employee Advisory Council by sending all members a
memorandum notifying them of this provision. The topic was included on the
agenda of the council*s quarterly meeting with the

Comptroller General in March, and all members of the Employee Advisory
Council were given a draft copy of the report for their review. GAO*s
managing directors were also given a draft of this report for review. In
addition, on May 21, 2003, a meeting of all GAO*s senior executives was
held. At this meeting the Comptroller General solicited the views of
senior staff on extending provisions of Public Law 106- 303.

The Personnel Appeals Board did not submit a specific assessment of the
act*s implementation. However, in letter to GAO*s Human Capital Officer,
dated May 15, 2003, Beth Don, Executive Director of the Personnel Appeals
Board, stated that the board would be *willing to do a more comprehensive
report in a year or so, at which point we think there will be more
information available on the implementation and effectiveness of the
personnel flexibilities granted under the Act.* Importantly, Ms. Don
indicated that no cases had been filed with the Personnel Appeals Board
concerning the matters covered by the act. She also stated that the board
did not believe it was appropriate to comment, among other things, on the
substantive nature of the regulations promulgated by GAO, or the manner in
which the regulations were promulgated since the Board may be called upon
to adjudicate matters relating to the act and its implementation. The
Employee Advisory Council responded on May 13, 2002, that it did not have
any comments on the report at this time. Using electronic polling
technology that allows for confidential responses, GAO*s senior executives
were asked if the voluntary early retirement and voluntary separation
incentive authorities should be made permanent. All but one of the 110
respondents agreed or strongly agreed that GAO should seek legislation to
make these provisions permanent. One respondent was undecided. Employees*,
Personnel Appeals Board*s, and Senior Executives* Assessments

Employees*, Personnel Appeals Board*s, and Senior Executives* Assessments

Page 15 GAO- 03- 954SP Assessment of Public Law 106- 303

As part of ongoing agency efforts to monitor progress in people measures,
GAO conducted employee feedback surveys in 1999 and 2002* before and after
the act*s passage. This survey asked employees for their agreement or
disagreement with a variety of statements relating to their work life but
was not designed to measure the impact of the act*s flexibilities on
employee satisfaction. The 2000 survey elicited an 89 percent response
rate, which was even better than the outstanding 87 percent achieved in
1999. On the basis of a comparison of responses to key questions in 2002
and 1999, employee satisfaction (as measured by the number of *strongly
agree*/* agree* responses) was up in 50 of the 52 categories. Negative
responses (as measured by the number of *strongly disagree*/* disagree*
responses) also declined in 50 of 52 categories.

GAO believes that the impact of the legislation on its employees has been
positive. Clearly, the employees who requested and were approved for early
retirement benefited from the act. Furthermore, the realignment of
resources resulting from these retirements has had a positive impact on
the remaining employees, as well. Ultimately, GAO*s efforts to improve the
strategic management of GAO*s human capital, of which the legislation is a
part, benefit all of GAO. Having the right people in the right places
makes it easier for all GAO employees to be successful in accomplishing
their part of the agency*s mission. In the final analysis, the agency*s
efforts to maximize its value allow us to better serve the Congress and
the American people.

Appendix I: GAO Order 2831. 1 Page 16 GAO- 03- 954SP Assessment of Public
Law 106- 303 Appendix I: GAO Order 2831.1

Appendix II: GAO Order 2351.1 Page 21 GAO- 03- 954SP Assessment of Public
Law 106- 303 Appendix II: GAO Order 2351.1

Appendix III: GAO Order 2319. 1 Page 51 GAO- 03- 954SP Assessment of
Public Law 106- 303 Appendix III: GAO Order 2319.1

Appendix III: GAO Order 2319. 1 Page 62 GAO- 03- 954SP Assessment of
Public Law 106- 303 (997250)

The General Accounting Office, the audit, evaluation and investigative arm
of Congress, exists to support Congress in meeting its constitutional
responsibilities and to help improve the performance and accountability of
the federal government for the American people. GAO examines the use of
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