H. R. 4642
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To make certain personnel flexibilities available with respect to the General Account-
ing Office, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. VOLUNTARY EARLY RETIREMENT AUTHORITY.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Effective for purposes
of the period beginning on the date of the enactment of this Act
and ending on December 31, 2003, paragraph (2) of section 8336(d)
of title 5, United States Code, shall, with respect to officers and
employees of the General Accounting Office, be applied as if it
had been amended to read as follows:
‘‘(2)(A) has been employed continuously by the General
Accounting Office for at least the 31-day period immediately
preceding the start of the period referred to in subparagraph
(D);
‘‘(B) is serving under an appointment that is not time
limited;
‘‘(C) has not received a notice of involuntary separation,
for misconduct or unacceptable performance, with respect to
which final action remains pending; and
‘‘(D) is separated from the service voluntarily during a
period with respect to which the Comptroller General deter-
mines 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;
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‘‘(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 deter-
mines that the application of this subsection is necessary and
appropriate for the purpose of—
‘‘(I) 
realigning 
the 
General 
Accounting 
Office’s
workforce in order to meet budgetary constraints or mission
needs;
‘‘(II) correcting skill imbalances; or
‘‘(III) reducing high-grade, managerial, or supervisory
positions;’’.
(c) NUMERICAL LIMITATION.—Not to exceed 10 percent of the
General Accounting Office’s workforce (as of the start of a fiscal
year) shall be permitted to take voluntary early retirement in
such fiscal year pursuant to this section.
(d) REGULATIONS.—The Comptroller General shall prescribe any
regulations necessary to carry out this section, including regulations
under which an early retirement offer may be made to any employee
or group of employees based on—
(1) geographic area, organizational unit, or occupational
series or level;
(2) skills, knowledge, or performance; or
(3) such other similar factors (or combination of factors
described in this or any other paragraph of this subsection)
as the Comptroller General considers necessary and appropriate
in order to achieve the purpose involved.
SEC. 2. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) IN GENERAL.—Effective for purposes of the period beginning
on the date of the enactment of this Act and ending on December
31, 2003, the authority to provide voluntary separation incentive
payments shall be available to the Comptroller General with respect
to employees of the General Accounting Office.
(b) TERMS
AND CONDITIONS.—The authority to provide vol-
untary 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 ‘‘Com-
mittee 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 elimi-
nated 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
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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 super-
visory 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 con-
straints 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 para-
graph (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 para-
graph (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 deter-
mined 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 para-
graph (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 para-
graph (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 para-
graph (2) who retires on an immediate annuity
under section 8412 of such title 5.
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(IV) The amount equal to 211 percent of the
final basic pay of each employee described in para-
graph (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 retire-
ment 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 Govern-
ment 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 vol-
untary 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.—
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(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 appro-
priate to realign the agency’s workforce in order to meet current
and future mission needs, to correct skill imbalances, or to
reduce high-grade, managerial, or supervisory positions.
‘‘(C) Notwithstanding subparagraph (B), the regulations
relating to removal from the General Accounting Office Senior
Executive Service in a reduction in force or other adjustment in
force shall be consistent with section 3595(a) of title 5.
‘‘(2)(A) The regulations shall provide a right of appeal to the
General Accounting Office Personnel Appeals Board regarding a
personnel action under the regulations, consistent with section 753
of this title.
‘‘(B) The regulations shall provide that final decision by the
General Accounting Office Personnel Appeals Board may be
reviewed by the United States Court of Appeals for the Federal
Circuit consistent with section 755 of this title.
‘‘(3)(A) Except as provided in subparagraph (B), an employee
may not be released, due to a reduction force, unless such employee
is given written notice at least 60 days before such employee is
so released. Such notice shall include—
‘‘(i) the personnel action to be taken with respect to the
employee involved;
‘‘(ii) the effective date of the action;
‘‘(iii) a description of the procedures applicable in identi-
fying employees for release;
‘‘(iv) the employee’s ranking relative to other competing
employees, and how that ranking was determined; and
‘‘(v) a description of any appeal or other rights which may
be available.
‘‘(B) The Comptroller General may, in writing, shorten the
period of advance notice required under subparagraph (A) with
respect to a particular reduction in force, if necessary because
of circumstances not reasonably foreseeable, except that such period
may not be less than 30 days.’’.
(2) EFFECTIVE DATE.—Subject to paragraph (3), the amend-
ment made by paragraph (1) shall apply with respect to all
reduction-in-force actions taking effect on or after—
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(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 deter-
mined 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 para-
graph (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 provi-
sions under which, at the discretion of the Comptroller General,
the opportunity to separate voluntarily (in order to permit the
retention of an individual occupying a similar position) shall, with
respect to the General Accounting Office, be available to the same
extent and in the same manner as described in subsection (f )(1)-
(4) of section 3502 of title 5 (with respect to the Department
of Defense or a military department).’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect on the date of the enactment of this Act.
SEC. 4. SENIOR-LEVEL POSITIONS.
(a) CRITICAL POSITIONS.—
(1) IN GENERAL.—Title 31, United States Code, is amended
by inserting after section 732 the following:
‘‘§ 732a. Critical positions
‘‘(a) The Comptroller General may establish senior-level posi-
tions 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.
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‘‘(b) Senior-level positions under this section may include posi-
tions 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 appro-
priate; and’’.
SEC. 5. EXPERTS AND CONSULTANTS.
Section 731(e) of title 31, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘not more than 3 years’’
and inserting ‘‘terms of not more than 3 years, but which
shall be renewable’’; and
(2) in paragraph (2) by striking ‘‘level V’’ and inserting
‘‘level IV’’.
SEC. 6. REPORTING REQUIREMENTS.
(a) ANNUAL REPORTS.—The Comptroller General shall include
in each report submitted to Congress under section 719(a) of title
31, United States Code, during the 5-year period beginning on
the date of the enactment of this Act—
(1) a review of all actions taken pursuant to sections 1
through 3 of this Act during the period covered by the report,
including—
(A) the number of officers or employees who separated
from service pursuant to section 1 or 2, or who were
released pursuant to a reduction in force conducted under
the amendment made by section 3, during such period;
(B) an assessment of the effectiveness and usefulness
of those sections in contributing to the agency’s ability
to carry out its mission, meet its performance goals, and
fulfill its strategic plan; and
(C) with respect to the amendment made by section
3, an assessment of the impact such amendment has had
with respect to preference eligibles, including—
(i) whether a disproportionate number or percent-
age 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 percent-
age of preference eligibles were in fact released pursu-
ant to reductions in force under such amendment; and
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(iii) to the extent that either of the foregoing is
answered in the affirmative, the reasons for the dis-
proportionate impact involved (particularly, whether
such amendment caused or contributed to the dis-
proportionate impact involved); and
(2) recommendations for any legislation which the Comp-
troller General considers appropriate with respect to any of
those sections.
(b) THREE-YEAR ASSESSMENT.—Not later than 3 years after
the date of the enactment of this Act, the Comptroller General
shall submit to the Congress a report concerning the implementa-
tion 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 sec-
tion, the term ‘‘preference eligible’’ has the meaning given such
term under section 2108(3) of title 5, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.