106TH CONGRESS
2D SESSION
H. R. 4642
AN ACT
To make certain personnel flexibilities available
with respect to the General Accounting Office,
and for other purposes.
106TH CONGRESS
2D SESSION
H. R. 4642
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 Representa-
tives 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 perform-
ance, with respect to which final action remains
pending; and
‘‘(D) is separated from the service voluntarily
during a period with respect to which the Comp-
troller General determines that the application of
this subsection is necessary and appropriate for the
purpose of—
‘‘(i) realigning the General Accounting Of-
fice’s workforce in order to meet budgetary con-
straints 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 em-
ployees 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 perform-
ance, with respect to which final action remains
pending; and
‘‘(iv) is separated from the service voluntarily
during a period with respect to which the Comp-
troller General determines that the application of
this subsection is necessary and appropriate for the
purpose of—
‘‘(I) realigning the General Accounting Of-
fice’s workforce in order to meet budgetary con-
straints or mission needs;
‘‘(II) correcting skill imbalances; or
‘‘(III) reducing high-grade, managerial, or
supervisory positions;’’.
(c) NUMERICAL LIMITATION.—Not to exceed 10 per-
cent of the General Accounting Office’s workforce (as of
the start of a fiscal year) shall be permitted to take vol-
untary early retirement in such fiscal year pursuant to
this section.
(d) REGULATIONS.—The Comptroller General shall
prescribe any regulations necessary to carry out this sec-
tion, including regulations under which an early retire-
ment offer may be made to any employee or group of em-
ployees based on—
(1) geographic area, organizational unit, or oc-
cupational 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 con-
siders necessary and appropriate in order to achieve
the purpose involved.
SEC. 2. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) IN GENERAL.—Effective for purposes of the pe-
riod beginning on the date of the enactment of this Act
and ending on December 31, 2003, the authority to pro-
vide voluntary separation incentive payments shall be
available to the Comptroller General with respect to em-
ployees of the General Accounting Office.
(b) TERMS AND CONDITIONS.—The authority to pro-
vide 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 ref-
erences 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 func-
tions 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 sub-
section (b) of such section shall, in addition to the
information described in paragraph (2) thereof, con-
tain the following: the steps to be taken to realign
the General Accounting Office’s workforce in order
to meet budgetary constraints or mission needs, cor-
rect skill imbalances, or reduce high-grade, manage-
rial, 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 re-
duce high-grade, managerial, or supervisory posi-
tions, in conformance with that agency’s strategic
plan (as referred to in subsection (b)).’’ for the mat-
ter 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 para-
graph (1) of subsection (d) of such section, the
amount required under such paragraph shall be de-
termined 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 in-
volved.
(A) FIRST
METHOD.—The amount re-
quired under this subparagraph shall be deter-
mined as follows:
(i) First, determine the sum of the
following:
(I) The amount equal to 19 per-
cent of the final basic pay of each em-
ployee described in paragraph (2) who
takes early retirement under section
8336(d) of title 5, United States
Code.
(II) The amount equal to 58 per-
cent of the final basic pay of each em-
ployee described in paragraph (2) who
retires on an immediate annuity under
section 8336 of such title 5 (not in-
cluding any employee covered by sub-
clause (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 per-
cent of the final basic pay of each em-
ployee 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 per-
cent of the final basic pay of each em-
ployee described in paragraph (2) who
takes early retirement under section
8414(b) of such title 5.
(III) The amount equal to 8 per-
cent of the final basic pay of each em-
ployee 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 re-
quired under this subparagraph shall be equal
to 45 percent of the final basic pay of each em-
ployee described in paragraph (2).
(2) COMPUTATIONS TO BE BASED ON SEPARA-
TIONS
OCCURRING
IN
THE
FISCAL
YEAR
IN-
VOLVED.—The employees described in this para-
graph 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 contribu-
tion determined under this subsection shall, at
the election of the General Accounting Office,
be payable either in a lump sum or through in-
stallment payments made over a period of not
to exceed 3 years.
(B) INTEREST.—The regulations shall in-
clude 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 per-
cent 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 sec-
tion based on their separating from service in such fiscal
year.
(f) REGULATIONS.—The Comptroller General shall
prescribe any regulations necessary to carry out this sec-
tion, excluding subsection (c). Such regulations shall in-
clude provisions under which a voluntary separation incen-
tive payment may be offered to any employee or group
of employees based on—
(1) geographic area, organizational unit, or oc-
cupational 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 con-
siders 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 Per-
sonnel Management under authority of section 3502(a) of
title 5 for the separation of employees of the General Ac-
counting Office during a reduction in force or other ad-
justment 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 mis-
sion needs, to correct skill imbalances, or to reduce
high-grade, managerial, or supervisory positions.
‘‘(C) Notwithstanding subparagraph (B), the regula-
tions relating to removal from the General Accounting Of-
fice 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 ap-
peal 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 Ap-
peals 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 re-
spect 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 de-
termined; and
‘‘(v) a description of any appeal or other rights
which may be available.
‘‘(B) The Comptroller General may, in writing, short-
en the period of advance notice required under subpara-
graph (A) with respect to a particular reduction in force,
if necessary because of circumstances not reasonably fore-
seeable, 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 effec-
tive 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 amend-
ment made by paragraph (1) shall be treated as if
it had never been enacted.
(b) AUTHORITY TO PERMIT VOLUNTARY SEPARA-
TIONS 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 in-
clude provisions under which, at the discretion of the
Comptroller General, the opportunity to separate volun-
tarily (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 Depart-
ment 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:
‘‘§ 732a. Critical positions
‘‘(a) The Comptroller General may establish senior-
level positions to meet critical scientific, technical or pro-
fessional needs of the General Accounting Office. An indi-
vidual serving in such a position shall—
‘‘(1) be subject to the laws and regulations ap-
plicable to the General Accounting Office Senior Ex-
ecutive Service under section 733 of this title, with
respect to rates of basic pay, performance awards,
ranks, carry over of annual leave, benefits, perform-
ance appraisals, removal or suspension, and reduc-
tions in force;
‘‘(2) have the same rights of appeal to the Gen-
eral 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 Execu-
tive Service under section 733(d) of this title, except
for section 732(e) of this title;
‘‘(4) be entitled to discontinued service retire-
ment under chapter 83 or 84 of title 5 as if a mem-
ber of the Office Senior Executive Service; and