[106th Congress Public Law 303]
[From the U.S. Government Printing Office]
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[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:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 19, considered and passed House.
Oct. 4, considered and passed Senate.
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