(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) IN GENERAL.—Subsection (h) of section 732 of
title 31, United States Code, is amended to read as fol-
lows:
‘‘(h)(1)(A) Notwithstanding the provisions of sub-
chapter I of chapter 35 of title 5, the Comptroller General
shall prescribe regulations for the release of officers and
employees of the General Accounting Office in a reduction
in force.
‘‘(B) Under the regulations—
‘‘(i) a reduction in force may be carried out to
realign the agency’s workforce in order to meet
budgetary constraints or current or future mission
needs, to correct skill imbalances, or to reduce high-
grade, managerial, or supervisory positions;
‘‘(ii)(I) due effect shall be given to military
preference; and
(II) other factors, such as skills, knowledge,
performance or contributions to the agency’s goals
and objectives, tenure of employment, and length of
service, may be taken into account to such extent
and in such manner as the Comptroller General con-
siders necessary and appropriate; and
‘‘(iii) at the discretion of the Comptroller Gen-
eral, the opportunity to separate voluntarily (in
order to permit the retention of an individual occu-
pying 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 sub-
section (f)(1)–(4) of section 3502 of title 5 (with re-
spect to the Department of Defense or a military de-
partment).
‘‘(2)(A) Except as provided in subparagraph (B), an
employee may not be released, due to a reduction in 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.’’.
(b) EFFECTIVE DATE.—Subject to subsection (c), the
amendment made by this section shall apply with respect
to all reduction-in-force actions taking effect on or after—
(1) the 180th day following the date of enact-
ment of this Act; or
(2) if earlier, the date the Comptroller General
issues the regulations required under such amend-
ment.
(c) SAVINGS PROVISION.—If, before the effective date
determined under subsection (b), specific notice of a re-
duction-in-force action is given to an individual in accord-
ance with section 1 of chapter 5 of GAO Order 2351.1
(dated February 28, 1996), then, for purposes of deter-
mining such individual’s rights in connection with such ac-
tion, the amendment made by this section shall be treated
as if it had never been enacted.
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
‘‘(5) be subject to reassignment by the Comp-
troller General to any position in the Office Senior
Executive Service under section 733 of this title, as
the Comptroller General determines necessary and
appropriate.
‘‘(b) Senior-level positions under this section may in-
clude 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—