Page:United States Statutes at Large Volume 114 Part 2.djvu/185

 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 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 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 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 than 30 days.". (2) EFFECTIVE DATE.— Subject to paragraph (3), the amend- 31 USC 732 note, ment made by paragraph (1) shall apply with respect to all reduction-in-force actions taking effect on or after—

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