Home > 106th Congressional Bills > H.R. 4516 (eh) Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2001, and for other purposes. [Engrossed in House] ...H.R. 4516 (eh) Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2001, and for other purposes. [Engrossed in House] ...
Public Administration (ACIPA) shall be available to finance an
appropriate share of ACIPA costs as determined by the ACIPA, including
any expenses attributable to membership of ACIPA in the International
Institute of Administrative Sciences.
Administrative Provisions
Sec. 209. Senior Level Positions. (a) Subchapter III of chapter 7
of subtitle I of title 31, United States Code, is amended by inserting
after section 732 the following:
``Sec. 732a. Critical positions
``The Comptroller General may establish senior-level positions to
meet critical scientific, technical or professional needs of the Office
from the positions authorized under sections 731(d), (e)(1), (e)(2),
and 732(c)(4) of this title. 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
established 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 reduction in force;
``(2) have the same rights of appeal to the General
Accounting Office Personnel Appeals Board that are provided to
the General Accounting Office Senior Executive Service;
``(3) be exempt from the same provisions of law made
inapplicable to the General Accounting Office Senior Executive
Service under section 733(d) of this title, except for section
732(e) of this title;
``(4) be entitled to receive a discontinued service
retirement under chapter 83 or 84 of title 5 as if a member of
the General Accounting Office Senior Executive Service; and
``(5) be subject to reassignment by the Comptroller General
to any Senior Executive Service position created under section
733 of this title as the Comptroller General determines
necessary and appropriate.''.
(b) 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.''.
Sec. 210. 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) the Comptroller General may reassign a member of the
Senior Executive Service to any senior-level position created
under section 732a of this title as the Comptroller determines
necessary and appropriate; and''.
Sec. 211. Experts and Consultants. Section 731(e) of title 31,
United States Code, is amended--
(1) by striking ``not more than 3 years'' in paragraph (1)
and inserting ``3-year renewable terms''; and
(2) by striking ``level V'' in paragraph (2) and inserting
``level IV''.
Sec. 212. Voluntary Early Retirement Authority. Section 732 of
title 31, United States Code, is amended by adding at the end the
following:
``(i)(1) An officer or employee of the General Accounting Office
who is separated from the service under conditions described in
paragraph (2) of this subsection after completing 25 years of service
or after becoming 50 years of age and completing 20 years of service is
entitled to an annuity in accordance with the provisions of chapter 83
or 84 of title 5, as applicable.
``(2) Paragraph (1) of this subsection applies to an officer or
employee who--
``(A) has been employed continuously by the General
Accounting Office for more than 30 days before the date on
which the Comptroller General makes the determination required
under subparagraph (D);
``(B) is serving under an appointment that is not limited
by time;
``(C) has not received a decision notice of involuntary
separation for misconduct or unacceptable performance that is
pending decision; and
``(D) is separated from the service voluntarily during a
period in which the Comptroller General offers the officer or
employee an early retirement for the purpose of realigning the
agency workforce in order to meet mission needs, correcting
skill imbalances, or reducing high-grade, managerial, or
supervisory positions.
``(3) For purposes of chapters 83 and 84 of title 5 (including for
purposes of computation of an annuity under such chapters), an officer
or employee entitled to an annuity under this subsection shall be
treated as an employee entitled to an annuity under section 8336(d) or
8414(b) of such title, as applicable.
``(4) The Comptroller General shall promulgate regulations to
implement paragraph (1) that provide for offers of early retirement to
any individual employee or groups of employees based on skills,
knowledge, performance, or other similar factors or combination of such
factors determined by the Comptroller General.
``(5) As used in this subsection, the terms `employee' and
`annuity' shall have the same meaning as defined in chapters 83 and 84
of title 5, as applicable. The term `officer' shall have the same
meaning as `employee.'
``(6) The Comptroller General may not utilize the authority granted
under this subsection to grant voluntary early retirements to more than
10 percent of the workforce of the General Accounting Office in any
fiscal year.''.
Sec. 213. Separation Pay. Section 732 of title 31, United States
Code, as amended by section 212 of this Act, is amended by adding at
the end the following:
``(j) The Comptroller General may offer separation pay to an
officer or employee under this subsection subject to such limitations
or conditions as the Comptroller General may require for purposes of
realigning the workforce in order to meet mission needs, correcting
skill imbalances, or reducing high-grade, managerial, or supervisory
positions. Such separation pay--
``(1) shall be paid, at the option of the officer or
employee, in a lump sum or equal installment payments;
``(2) shall be equal to the lesser of--
``(A) an amount equal to the amount the officer or
employee would be entitled to receive under section
5595(c) of title 5 if the officer or employee were
entitled to payment under such section; or
``(B) $25,000;
``(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
``(4) shall not be taken into account for purposes of
determining the amount of any severance pay to which an
individual may be entitled under section 5595 of title 5 based
on any other separation;
``(5) shall only be paid to an officer or employee serving
under an appointment without time limitation, who has been
currently employed for a continuous period of at least 12
months, but does not include--
``(A) a reemployed annuitant under subchapter III
of chapter 83 of title 5, chapter 84 of title 5, or
another retirement system for employees of the
Government; or
``(B) an officer or employee having a disability on
the basis of which such officer or employee is or would
be eligible for disability retirement under any of the
retirement systems referred to in subparagraph (A);
``(6) shall terminate, upon reemployment in the Federal
Government, during receipt of installment payments;
``(7) shall be repaid in its entirety upon reemployment in
the Federal Government or working for any agency of the
Government through personal services contract within 5 years
after the date of the separation on which payment of the
separation pay is based, except that--
``(A) if the employment is with an Executive
agency, the Director of the Office of Personnel
Management may, at the request of the head of the
agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position;
``(B) if the employment is with an entity in the
legislative branch, the head of the entity or the
appointing official may waive the repayment if the
individual involved possesses unique abilities and is
the only qualified applicant available for the
position;
``(C) if the employment is with the judicial
branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is
the only qualified applicant available for the
position; or
``(D) if the employment is without compensation,
the appointing official may waive the repayment;
``(8) shall be paid under regulations providing that offers
of separation pay shall be based on skills, knowledge,
performance, or other similar factors or combination of such
factors determined by the Comptroller General;
``(9) shall be paid upon the condition that the General
Accounting Office remit to the Office of Personnel Management
for deposit in the Treasury to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 45 percent of
the final annual basic pay for each employee covered under
subchapter III of chapter 83 or chapter 84 of title 5 to whom
separation pay has been paid under this section and--
``(A) such remittance shall be in addition to any
other payments which the General Accounting Office is
required to make under subchapter III of chapter 83 or
chapter 84 of title 5; and
``(B) for purposes of this paragraph the term
`final basic pay' with respect to an employee means the
total amount of basic pay which would be payable for a
year of service by such employee, computed using the
employee's final rate of basic pay, and, if last
serving on other than a full-time basis, with
appropriate adjustment therefore;
``(10) shall not be paid to more than 5 percent of the
workforce of the General Accounting Office in any fiscal year;
and
``(11) shall be paid to employees under this section for a
period of 5 years following the enactment of this section
unless Congress renews the authority for an additional period
of time.''.
Sec. 214. Reduction in Force. Section 732(h) of title 31, United
States Code, is amended to read as follows:
``(h)(1) Notwithstanding the provisions of subchapter 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 which is carried out for downsizing,
realigning, or correcting skill imbalances. The regulations shall give
effect to military preference and may take into account such other
factors as skills, knowledge, and performance in such a manner and to
such an extent as the Comptroller General determines necessary and
appropriate.
``(2) Except as provided under paragraph (3), 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--
``(A) the personnel action to be taken with respect to the
employee involved;
``(B) the effective date of the action;
``(C) a description of the procedures applicable in
identifying employees for release;
``(D) the employee's ranking relative to other competing
employees, and how that ranking was determined; and
``(E) a description of any appeal or other rights which may
be available.
``(3) The Comptroller General may, in writing, shorten the period
of advance notice required under paragraph (2) 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.''.
Sec. 215. Annual Report. Section 719 of title 31, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``and'' after the
semicolon;
(B) in paragraph (2) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) appropriate legislative changes to sections 732(h),
(i), and (j) of this title.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (B) by striking ``and'' after
the semicolon;
(B) in subparagraph (C) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) a description of the actions taken under
sections 732 (h), (i), and (j) of this title, including
information on the number of employees who received
voluntary early retirements and separation pay under
sections 732(i) and (j) and who were released under a
reduction in force action under section 732(h), and an
assessment of the effectiveness and usefulness of these
human capital initiatives in achieving the agency's
mission, meeting its performance goals, and fulfilling
its strategic plan.''.
Sec. 216. Five-Year Assessment. (a) Not later than 5 years after
the date of the enactment of this Act, the Comptroller General shall
submit to Congress a report concerning the implementation and
effectiveness of sections 209 through 214 of this Act.
(b) The report under this section shall include--
(1) a summary of the portions of the annual reports
required under sections 719(a)(3) and (b)(1)(D) of title 31,
United States Code;
(2) recommendations for continuation of or legislative
changes to sections 732(h), (i), and (j) of title 31, United
States Code; and
(3) any assessments or recommendations of the General
Accounting Office Personnel Appeals Board and interested
employee groups or associations within the General Accounting
Office.
TITLE III--GENERAL PROVISIONS
Sec. 301. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
Sec. 302. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2001 unless
expressly so provided in this Act.
Sec. 303. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 is
appropriated for or the rate of compensation or designation of any
office or position appropriated for is different from that specifically
established by such Act, the rate of compensation and the designation
in this Act shall be the permanent law with respect thereto: Provided,
That the provisions in this Act for the various items of official
expenses of Members, officers, and committees of the Senate and House
of Representatives, and clerk hire for Senators and Members of the
House of Representatives shall be the permanent law with respect
thereto.
Sec. 304. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 305. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |