[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5298 Introduced in House (IH)]

  2d Session
                                H. R. 5298

 To provide for reform relating to Federal employee career development 
                 and benefits, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2002

 Mrs. Morella introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
 To provide for reform relating to Federal employee career development 
                 and benefits, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Good People, Good 
Government Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--CHIEF HUMAN CAPITAL OFFICERS

Sec. 101. Chief human capital officers.
Sec. 102. Chief human capital officers council.
Sec. 103. Report on human capital metrics for the Federal Government.
Sec. 104. Effective date.
 TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND 
                                BENEFITS

Sec. 201. Agency training.
Sec. 202. Agency recruiting.
Sec. 203. Increase in Government contribution for Federal employee 
                            health insurance.
TITLE III--ALTERNATIVE RANKING AND SELECTION PROCEDURES FOR COMPETITIVE 
                                SERVICE

Sec. 301. Alternative ranking and selection procedures for applicants 
                            for positions in competitive service.

                 TITLE I--CHIEF HUMAN CAPITAL OFFICERS

SEC. 101. CHIEF HUMAN CAPITAL OFFICERS.

    (a) In General.--Part II of title 5, United States Code, is amended 
by inserting after chapter 13 the following:

               ``CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS


``Sec.
``1401. Establishment of Chief Human Capital Officers.
``1402. Authority and functions of Chief Human Capital Officers.
``Sec. 1401. Establishment of Chief Human Capital Officers
    ``The head of each Executive agency shall appoint or designate a 
Chief Human Capital Officer, who shall advise and assist the head of 
the agency and other agency officials in carrying out the agency's 
responsibilities with respect to--
            ``(1) selecting, developing, and managing a high-quality, 
        productive workforce in accordance with merit system 
        principles; and
            ``(2) implementing the rules and regulations of the 
        President and the Office of Personnel Management and the laws 
        governing the civil service within the agency.
``Sec. 1402. Authority and functions of Chief Human Capital Officers
    ``(a) The functions of each Chief Human Capital Officer shall 
include--
            ``(1) setting the workforce development strategy of the 
        agency;
            ``(2) assessing workforce characteristics and future needs 
        based on the agency's mission;
            ``(3) reviewing agency training and other human resources 
        policies and programs to assess their effectiveness in 
        promoting the achievement of the agency's mission and goals;
            ``(4) developing and advocating a culture of continuous 
        learning to attract and retain employees with superior 
        abilities;
            ``(5) identifying best practices and benchmarking studies; 
        and
            ``(6) applying methods for measuring intellectual capital 
        and identifying links of that capital to organizational 
        performance and growth.
    ``(b)(1) In order to carry out this chapter, each Chief Human 
Capital Officer--
            ``(A) shall have access to all records, reports, audits, 
        reviews, documents, papers, recommendations, or other material 
        that--
                    ``(i) are in the possession or under the control of 
                the agency;
                    ``(ii) relate to programs or operations with 
                respect to which that Chief Human Capital Officer has 
                any duties or responsibilities under this chapter;
            ``(B) may request such information or assistance, from any 
        Federal, State, or local governmental entity, as the Chief 
        Human Capital Officer considers necessary; and
            ``(C) may, to the extent and in such amounts as may be 
        provided in advance by appropriations Acts, enter into 
        contracts and other arrangements for studies, analyses, and 
        other services with public agencies and with private persons, 
        and make such payments as may be necessary.
    ``(2)(A) Upon request of a Chief Human Capital Officer for 
information or assistance under paragraph (1)(B), the head of any 
Federal entity involved shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or regulation of 
the Federal entity from which the information is requested, furnish to 
such Chief Human Capital Officer, or to an authorized designee, such 
information or assistance.
    ``(B) Whenever information or assistance requested under paragraph 
(1)(A) or (1)(B) is, in the judgment of a Chief Human Capital Officer, 
unreasonably refused or not provided, the Chief Human Capital Officer 
shall report the circumstances to the head of the establishment 
involved without delay.''.
    (b) Clerical Amendment.--The table of chapters for part II of title 
5, United States Code, is amended by inserting after the item relating 
to chapter 13 the following:

``14. Chief Human Capital Officers..........................    1401''.

SEC. 102. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.

    (a) Establishment.--There is established a Chief Human Capital 
Officers Council, consisting of--
            (1) the Director of the Office of Personnel Management, who 
        shall serve as chairperson of the Council;
            (2) the Deputy Director of the Office of Management and 
        Budget; and
            (3) the Chief Human Capital Officers of Executive 
        departments (as defined by section 101 of title 5, United 
        States Code) and any other members who are designated by the 
        Director of the Office of Personnel Management.
    (b) Functions.--The Chief Human Capital Officers Council shall meet 
periodically to advise and coordinate the activities of the agencies of 
its members on such matters as modernization of human resources 
systems, improved quality of human resources information, and 
legislation affecting human resources operations and organizations.

SEC. 103. REPORT ON HUMAN CAPITAL METRICS FOR THE FEDERAL GOVERNMENT.

    (a) In General.--The General Accounting Office shall conduct a 
study and prepare a report on the feasibility and desirability of 
developing human capital metrics for use by the Federal Government.
    (b) Contents.--The report under subsection (a) shall examine the 
feasibility and desirability of developing a proposed set of metrics 
that--
            (1) may be applied to the Federal Government human capital 
        process;
            (2) provides for the basic quantitative analysis and 
        measurement for human capital that are necessary for reform 
        efforts;
            (3) provides for standardized measurements of--
                    (A) the efficiency of the human capital process of 
                a Federal agency; and
                    (B) the success of a Federal agency in achieving 
                human capital objectives;
            (4) provides for an accurate comparison among agencies to 
        encourage management focus on human capital issues; and
            (5) may be used as the basis for regular reports prepared 
        by Chief Human Capital Officers.
    (c) Submission of Report.--Not later than 1 year after the date of 
enactment of this Act, the General Accounting Office shall submit the 
report prepared under this section to--
            (1) the Committee on Governmental Affairs of the Senate; 
        and
            (2) the Committee on Government Reform of the House of 
        Representatives.

SEC. 104. EFFECTIVE DATE.

    (a) In General.--Except as provided under subsection (b), this 
title shall take effect 180 days after the date of enactment of this 
Act.
    (b) Report.--Section 103 shall take effect on the date of enactment 
of this Act.

 TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND 
                                BENEFITS

SEC. 201. AGENCY TRAINING.

    (a) Training To Accomplish Performance Plans and Strategic Goals.--
Section 4103 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(c) The head of each agency shall--
            ``(1) evaluate each program and plan established, operated, 
        or maintained under subsection (a) with respect to 
        accomplishing specific agency goals and objectives; and
            ``(2) modify such program or plan to accomplish such goals 
        and objectives.''.
    (b) Agency Training Officers.--Section 4103 of title 5, United 
States Code, is further amended by adding after subsection (c) (as 
added by subsection (a)) the following:
    ``(d) The head of each agency shall appoint or designate a training 
officer, who shall advise and assist the head of the agency in carrying 
out the duties and responsibilities of that agency head under this 
chapter.''.
    (c) Records Maintenance; Specific Training Programs.--
            (1) In general.--Chapter 41 of title 5, United States Code, 
        is amended by inserting after section 4112 the following:
``Sec. 4113. Specific training programs
    ``In consultation with the Office of Personnel Management, the head 
of each agency shall establish--
            ``(1) a comprehensive program to provide training to 
        employees to develop managers for the agency; and
            ``(2) a program to provide training to managers on actions, 
        options, and strategies a manager may use relating to employees 
        with unacceptable performance.
``Sec. 4114. Records maintenance
    ``Each agency shall maintain detailed records of all activities 
relating to training of employees of such agency.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 41 of title 5, United States Code, is 
        amended by inserting after the item relating to section 4112 
        the following:

``4113. Specific training programs.
``4114. Records maintenance.''.

    (d) Academic Degree Training.--
            (1) In general.--Subsection (b) of section 4107 of title 5, 
        United States Code, is amended to read as follows:
    ``(b)(1) The regulations prescribed under section 4118 shall 
include provisions under which the head of an agency may provide 
training, or payment or reimbursement for the costs of any training, 
not otherwise allowable under subsection (a), if such training--
            ``(A) contributes significantly to--
                    ``(i) meeting an identified agency training need;
                    ``(ii) resolving an identified agency staffing 
                problem; or
                    ``(iii) accomplishing goals in the agency's 
                strategic plan (developed under section 306);
            ``(B) is part of a planned, systematic, and coordinated 
        agency employee development program linked to accomplishing the 
        goals referred to in subparagraph (A)(iii); and
            ``(C) is administered or conducted by a college or 
        university, or other comparable educational institution, 
        recognized under standards implemented by a national or 
        regional accrediting body, except in a case in which such 
        standards do not exist or the use of such standards would not 
        be appropriate.
    ``(2) In exercising any authority under this subsection, an agency 
shall, consistent with the merit system principles set forth in 
paragraphs (2) and (7) of section 2301(b), take into consideration the 
need to--
            ``(A) maintain a balanced workforce in which women, members 
        of racial and ethnic minority groups, and persons with 
        disabilities are appropriately represented in Government 
        service; and
            ``(B) provide employees effective education and training to 
        improve organizational and individual performance.
    ``(3) No authority under this subsection may be exercised on behalf 
of any employee occupying or seeking to qualify for appointment to--
            ``(A) a position in the Senior Executive Service as a 
        noncareer appointee (as defined by section 3132(a)(7)); or
            ``(B) a position which is excepted from the competitive 
        service because of its confidential policy-determining, policy-
        making, or policy-advocating character.''.
            (2) Technical and conforming amendments.--Section 4107 of 
        such title 5, as amended by paragraph (1), is further amended--
                    (A) in subsection (a), by striking ``subsections 
                (b) and (c) of this section,'' and inserting 
                ``subsection (b),''; and
                    (B) by striking subsection (c).
    (e) Agency Training as Separate Statement in Accountability 
Reports.--Section 902(a)(6) of title 31, United States Code, is 
amended--
            (1) in subparagraph (D), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) expenditures on agency training; and''.

SEC. 202. AGENCY RECRUITING.

    (a) In General.--Subpart B of part III of title 5, United States 
Code, is amended by inserting before chapter 31 the following:

                  ``CHAPTER 30--RECRUITMENT AUTHORITY


``Sec.
``3001. Definition.
``3002. Appointment of recruitment officers.
``3003. Records maintenance.
``Sec. 3001. Definition
    ``For the purpose of this chapter, the term `agency' means an 
Executive agency.
``Sec. 3002. Appointment of recruitment officers
    ``The head of each agency shall appoint or designate a recruitment 
officer, who shall advise and assist the head of the agency in carrying 
out such functions as the agency head may specify relating to the 
recruitment of qualified candidates for positions within that agency.
``Sec. 3003. Records maintenance
    ``Each agency shall maintain detailed records of all recruitment 
activities of that agency.''.
    (b) Agency Recruiting as Separate Statement in Accountability 
Reports.--Section 902(a)(6) of title 31, United States Code (as amended 
by section 201(e)), is further amended--
            (1) in subparagraph (E), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) expenditures on agency recruiting; and''.
    (c) Clerical Amendments.--
            (1) The analysis for part III of title 5, United States 
        Code, is amended by inserting before the item relating to 
        chapter 31 the following:

``30. Recruitment Authority.................................    3001''.
            (2)(A) The heading for subpart B of part III of title 5, 
        United States Code, is amended to read as follows:

         ``Subpart B--Recruitment, Employment, and Retention''.

            (B) The analysis for part III of title 5, United States 
        Code, is amended by striking the item relating to subpart B and 
        inserting the following:

         ``Subpart B--Recruitment, Employment, and Retention''.

SEC. 203. INCREASE IN GOVERNMENT CONTRIBUTION FOR FEDERAL EMPLOYEE 
              HEALTH INSURANCE.

    (a) Increase in the Maximum Contribution Payable by the Government 
(Expressed as a Percentage of Governmentwide Weighted Averages).--
Section 8906(b)(1) of title 5, United States Code, is amended by 
striking ``72'' and inserting ``76''.
    (b) Increase in the Maximum Percentage of an Enrollee's Actual 
Subscription Charges Payable by the Government.--Section 8906(b)(2) of 
title 5, United States Code, is amended by striking ``75'' and 
inserting ``79''.
    (c) Effective Date.--This section shall take effect on the first 
day of the first contract year beginning after the date of the 
enactment of this Act.

TITLE III--ALTERNATIVE RANKING AND SELECTION PROCEDURES FOR COMPETITIVE 
                                SERVICE

SEC. 301. ALTERNATIVE RANKING AND SELECTION PROCEDURES FOR APPLICANTS 
              FOR POSITIONS IN COMPETITIVE SERVICE.

    (a) In General.--Chapter 33 of title 5, United States Code, is 
amended by inserting after section 3318 the following new section:
``Sec. 3319. Alternative ranking and selection procedures
    ``(a) Notwithstanding section 2302(b)(11) or any other provision of 
this chapter--
            ``(1) the Office, in exercising its authority under section 
        3304; or
            ``(2) an agency to which the Office has delegated examining 
        authority under section 1104(a)(2),
may establish category rating systems for evaluating applicants for 
positions in the competitive service, under which qualified candidates 
are divided into 2 or more quality categories, consistent with 
regulations prescribed by the Office of Personnel Management, rather 
than assigned individual numerical ratings.
    ``(b) Within each quality category established under subsection 
(a), preference-eligibles shall be listed ahead of individuals who are 
not preference eligibles. For other than scientific and professional 
positions at GS-9 of the General Schedule (equivalent or higher), 
qualified preference-eligibles who have a compensable service-connected 
disability of 10 percent or more shall be listed in the highest quality 
category.
    ``(c)(1) An appointing official must select any applicant in the 
highest quality category or, if fewer than 3 candidates have been 
assigned to the highest quality category, in a merged category 
consisting of the highest and the second highest quality categories.
    ``(2) Notwithstanding paragraph (1), the appointing official may 
not pass over a preference-eligible in the same category from which 
selection is made, unless the requirements of section 3317(b) or 
3318(b), as applicable, are satisfied.
    ``(d) The Office of Personnel Management may prescribe such 
regulations as it considers necessary to carry out the provisions of 
this section.''
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 33 of title 5, United States Code, is amended by inserting 
after the item relating to section 3318 the following:

``3319. Alternative ranking and selection procedures.''.
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