To make certain personnel flexibilities available with respect to the General Accounting Office, and for other purposes.
PL 106-303 (H.R.4642), enacted 10/13/2000

PUBLIC LAW 106-303—OCT. 13, 2000 
114 STAT. 1063 
Public Law 106-303 
106th Congress 
An Act 
To make certain personnel flexibilities available with respect to the General Account- 
Oct. 13, 2000 
ing Office, and for other purposes. 
[HR 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. 
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 Greneral 
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 o
f
— 
"(i) 
realigning 
the 
General 
Accotmting 
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; 
114 STAT. 1064 
PUBLIC LAW 106-303—OCT. 13, 2000 
"(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 o
f
— 
"(I) 
realigning 
the 
General 
Accounting 
Office's 
workforce in order to meet budgetary constraints or mission 
needs; 
"(11) 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. 
5 u s e 5597 note. 
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 pa3rments 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 
PUBLIC LAW 106-303—OCT. 13, 2000 
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 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 amoiint 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) ofsuch 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. 
114 STAT. 1066 
PUBLIC LAW 106-303—OCT. 13, 2000 
(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.—Tlie 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 pa3nnent 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 pajonents 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 mesming 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 
pa5nnent 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 imit, 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.— 
PUBLIC LAW 106-303—OCT. 13, 2000 
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 emplo3niient; 
"(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 aind 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 Notice. 
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- 31USC 732 note, 
ment made by paragraph (1) shall apply with respect to all 
reduction-in-force actions taking effect on or after— 
114 STAT. 1068 
PUBLIC LAW 106-303—OCT. 13, 2000 
(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 occup3dng 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).". 
31 use 732 note. 
(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. AQ individual serving in such a 
position shall— 
"(1) be subject to the laws and regulations applicable to 
the General Accounting Office Senior Executive Service vmder 
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 fi*om 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 imder 
section 733 of this title, as the Comptroller General determines 
necessary and appropriate. 
PUBLIC LAW 106-303—OCT. 13, 2000 
114 STAT. 1069 
"(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. 
31 USC 719 note. 
(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 
fiilfill 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 
114 STAT. 1070 
PUBLIC LAW 106-303—OCT. 13, 2000 
(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. 
Deadline. 
(b) THREE-YEAR ASSESSMENT.—Not later than 3 years after 
Reports. 
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. 
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.