[106th Congress Public Law 303]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ303.106]


[[Page 114 STAT. 1063]]

Public Law 106-303
106th Congress

                                 An Act


 
 To make certain personnel flexibilities available with respect to the 
  General Accounting Office, and for other purposes. <<NOTE: Oct. 13, 
                         2000 -  [H.R. 4642]>> 

    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. <<NOTE: 5 USC 8336 
            note.>> 

    (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;

[[Page 114 STAT. 1064]]

            ``(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. <<NOTE: 5 USC 5597 note.>>  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

[[Page 114 STAT. 1065]]

        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.

[[Page 114 STAT. 1066]]

                                    (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.--

[[Page 114 STAT. 1067]]

            (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) <<NOTE: Notice.>>  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) <<NOTE: 31 USC 732 note.>>  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--

[[Page 114 STAT. 1068]]

                    (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) <<NOTE: 31 USC 732 note.>>  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.

[[Page 114 STAT. 1069]]

    ``(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. <<NOTE: 31 USC 719 note.>>  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

[[Page 114 STAT. 1070]]

                          (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) <<NOTE: Deadline. Reports.>>  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.

    Approved October 13, 2000.

LEGISLATIVE HISTORY--H.R. 4642:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 146 (2000):
            Sept. 19, considered and passed House.
            Oct. 4, considered and passed Senate.

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