Home > 106th Congressional Bills > H.R. 4643 (eh) To provide for the settlement of issues and claims related to the trust lands of the Torres-Martinez Desert Cahuilla Indians, and for other purposes. [Engrossed in House] ...H.R. 4643 (eh) To provide for the settlement of issues and claims related to the trust lands of the Torres-Martinez Desert Cahuilla Indians, and for other purposes. [Engrossed in House] ...
106th CONGRESS
2d Session
H. R. 4642
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2000
Received; read twice and referred to the Committee on Governmental
Affairs
_______________________________________________________________________
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 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 determines
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;
``(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 determines
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 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 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 ``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 functions 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 subsection (b)
of such section shall, in addition to the information described
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
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 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 paragraph (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 paragraph (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
determined 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 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 percent
of the final basic pay of each employee
described in paragraph (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 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 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
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 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 voluntary
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.--
(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
appropriate 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
identifying 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
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. |
 |