[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2751 Referred in Senate (RFS)]

  2d Session
                                H. R. 2751


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2004

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 AN ACT


 
To provide new human capital flexibilities with respect to the GAO, 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; AMENDMENT OF TITLE 31.

    (a) Short Title.--This Act may be cited as the ``GAO Human Capital 
Reform Act of 2004''.
    (b) Amendment of Title 31.--Except as otherwise expressly provided, 
whenever in this Act an amendment is expressed in terms of an amendment 
to a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 31, United States 
Code.

SEC. 2. AMENDMENTS TO PUBLIC LAW 106-303.

    (a) Authorities Made Permanent.--Sections 1 and 2 of Public Law 
106-303 (5 U.S.C. 8336 note and 5597 note) are amended by striking 
``for purposes of the period beginning on the date of the enactment of 
this Act and ending on December 31, 2003'' each place it appears and 
inserting ``October 13, 2000''.
    (b) Sense of Congress.--
            (1) Voluntary early retirement authority.--Section 1 of 
        Public Law 106-303 is amended by adding at the end the 
        following:
    ``(e) Sense of Congress.--It is the sense of Congress that the 
implementation of this section is intended to reshape the General 
Accounting Office workforce and not downsize the General Accounting 
Office workforce.''.
            (2) Voluntary separation incentive payments.--Section 2 of 
        Public Law 106-303 is amended by adding at the end the 
        following:
    ``(g) Sense of Congress.--It is the sense of Congress that the 
implementation of this section is intended to reshape the General 
Accounting Office workforce and not downsize the General Accounting 
Office workforce.''.
    (c) Additional Limitation Relating to VSIPs.--Section 2(b) of 
Public Law 106-303 is amended by striking paragraph (2) and inserting 
the following:
            ``(2) subsection (a)(2)(G) of such section shall be 
        applied--
                    ``(A) by construing the citations therein to be 
                references to the appropriate authorities in connection 
                with employees of the General Accounting Office; and
                    ``(B) by deeming such subsection to be amended by 
                striking `Code.' and inserting `Code, or who, during 
                the thirty-six month period preceding the date of 
                separation, performed service for which a student loan 
                repayment benefit was or is to be paid under section 
                5379 of title 5, United States Code.';''.

SEC. 3. ANNUAL PAY ADJUSTMENTS.

    (a) Officers and Employees Generally.--Paragraph (3) of section 
732(c) is amended to read as follows:
            ``(3) except as provided under section 733(a)(3)(B) of this 
        title, basic rates of officers and employees of the Office 
        shall be adjusted annually to such extent as determined by the 
        Comptroller General, and in making that determination the 
        Comptroller General shall consider--
                    ``(A) the principle that equal pay should be 
                provided for work of equal value within each local pay 
                area;
                    ``(B) the need to protect the purchasing power of 
                officers and employees of the Office, taking into 
                consideration the Consumer Price Index or other 
                appropriate indices;
                    ``(C) any existing pay disparities between officers 
                and employees of the Office and non-Federal employees 
                in each local pay area;
                    ``(D) the pay rates for the same levels of work for 
                officers and employees of the Office and non-Federal 
                employees in each local pay area;
                    ``(E) the appropriate distribution of agency funds 
                between annual adjustments under this section and 
                performance-based compensation; and
                    ``(F) such other criteria as the Comptroller 
                General considers appropriate, including, but not 
                limited to, the funding level for the Office, amounts 
                allocated for performance-based compensation, and the 
                extent to which the Office is succeeding in fulfilling 
                its mission and accomplishing its strategic plan;
        notwithstanding any other provision of this paragraph, an 
        adjustment under this paragraph shall not be applied in the 
        case of any officer or employee whose performance is not at a 
        satisfactory level, as determined by the Comptroller General 
        for purposes of such adjustment;''.
    (b) Officers and Employees in the Office Senior Executive 
Service.--Subparagraph (B) of section 733(a)(3) is amended to read as 
follows:
                    ``(B) adjusted annually by the Comptroller General 
                after taking into consideration the factors listed 
                under section 732(c)(3) of this title, except that an 
                adjustment under this subparagraph shall not be applied 
                in the case of any officer or employee whose 
                performance is not at a satisfactory level, as 
                determined by the Comptroller General for purposes of 
                such adjustment;''.
    (c) Conforming Amendment.--Section 732(b)(6) is amended by striking 
``title 5.'' and inserting ``title 5, except as provided under 
subsection (c)(3) of this section and section 733(a)(3)(B) of this 
title.''.

SEC. 4. PAY RETENTION.

    Paragraph (5) of section 732(c) is amended to read as follows:
            ``(5) the Comptroller General shall prescribe regulations 
        under which an officer or employee of the Office shall be 
        entitled to pay retention if, as a result of any reduction-in-
        force or other workforce adjustment procedure, position 
        reclassification, or other appropriate circumstances as 
        determined by the Comptroller General, such officer or employee 
        is placed in or holds a position in a lower grade or band with 
        a maximum rate of basic pay that is less than the rate of basic 
        pay payable to the officer or employee immediately before the 
        reduction in grade or band; such regulations--
                    ``(A) shall provide that the officer or employee 
                shall be entitled to continue receiving the rate of 
                basic pay that was payable to the officer or employee 
                immediately before the reduction in grade or band until 
                such time as the retained rate becomes less than the 
                maximum rate for the grade or band of the position held 
                by such officer or employee; and
                    ``(B) shall include provisions relating to the 
                minimum period of time for which an officer or employee 
                must have served or for which the position must have 
                been classified at the higher grade or band in order 
                for pay retention to apply, the events that terminate 
                the right to pay retention (apart from the one 
                described in subparagraph (A)), and exclusions based on 
                the nature of an appointment; in prescribing 
                regulations under this subparagraph, the Comptroller 
                General shall be guided by the provisions of sections 
                5362 and 5363 of title 5.''.

SEC. 5. RELOCATION BENEFITS.

    Section 731 is amended by adding after subsection (e) the 
following:
    ``(f) The Comptroller General shall prescribe regulations under 
which officers and employees of the Office may, in appropriate 
circumstances, be reimbursed for any relocation expenses under 
subchapter II of chapter 57 of title 5 for which they would not 
otherwise be eligible, but only if the Comptroller General determines 
that the transfer giving rise to such relocation is of sufficient 
benefit or value to the Office to justify such reimbursement.''.

SEC. 6. INCREASED ANNUAL LEAVE FOR KEY EMPLOYEES.

    Section 731 is amended by adding after subsection (f) (as added by 
section 5 of this Act) the following:
    ``(g) The Comptroller General shall prescribe regulations under 
which key officers and employees of the Office who have less than 3 
years of service may accrue leave in accordance with section 6303(a)(2) 
of title 5, in those circumstances in which the Comptroller General has 
determined such increased annual leave is appropriate for the 
recruitment or retention of such officers and employees. Such 
regulations shall define key officers and employees and set forth the 
factors in determining which officers and employees should be allowed 
to accrue leave in accordance with this subsection.''.

SEC. 7. EXECUTIVE EXCHANGE PROGRAM.

    Section 731 is amended by adding after subsection (g) (as added by 
section 6 of this Act) the following:
    ``(h) The Comptroller General may by regulation establish an 
executive exchange program under which officers and employees of the 
Office may be assigned to private sector organizations, and employees 
of private sector organizations may be assigned to the Office, to 
further the institutional interests of the Office or Congress, 
including for the purpose of providing training to officers and 
employees of the Office. Regulations to carry out any such program--
            ``(1) shall include provisions (consistent with sections 
        3702 through 3704 of title 5) as to matters concerning--
                    ``(A) the duration and termination of assignments;
                    ``(B) reimbursements; and
                    ``(C) status, entitlements, benefits, and 
                obligations of program participants;
            ``(2) shall limit--
                    ``(A) the number of officers and employees who are 
                assigned to private sector organizations at any one 
                time to not more than 15; and
                    ``(B) the number of employees from private sector 
                organizations who are assigned to the Office at any one 
                time to not more than 30;
            ``(3) shall require that an employee of a private sector 
        organization assigned to the Office may not have access to any 
        trade secrets or to any other nonpublic information which is of 
        commercial value to the private sector organization from which 
        such employee is assigned;
            ``(4) shall require that, before approving the assignment 
        of an officer or employee to a private sector organization, the 
        Comptroller General shall determine that the assignment is an 
        effective use of the Office's funds, taking into account the 
        best interests of the Office and the costs and benefits of 
        alternative methods of achieving the same results and 
        objectives; and
            ``(5) shall not allow any assignment under this subsection 
        to commence after the end of the 5-year period beginning on the 
        date of the enactment of this subsection.
    ``(i) An employee of a private sector organization assigned to the 
Office under the executive exchange program shall be considered to be 
an employee of the Office for purposes of--
            ``(1) chapter 73 of title 5;
            ``(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 
        643, 654, 1905, and 1913 of title 18;
            ``(3) sections 1343, 1344, and 1349(b) of this title;
            ``(4) chapter 171 of title 28 (commonly referred to as the 
        `Federal Tort Claims Act') and any other Federal tort liability 
        statute;
            ``(5) the Ethics in Government Act of 1978 (5 U.S.C. App.);
            ``(6) section 1043 of the Internal Revenue Code of 1986; 
        and
            ``(7) section 27 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 423).''.

SEC. 8. REDESIGNATION.

    (a) In General.--The General Accounting Office is hereby 
redesignated the Government Accountability Office.
    (b) References.--Any reference to the General Accounting Office in 
any law, rule, regulation, certificate, directive, instruction, or 
other official paper in force on the date of enactment of this Act 
shall be considered to refer and apply to the Government Accountability 
Office.

SEC. 9. PERFORMANCE MANAGEMENT SYSTEM.

    Paragraph (1) of section 732(d) is amended to read as follows:
            ``(1) for a system to appraise the performance of officers 
        and employees of the General Accounting Office that meets the 
        requirements of section 4302 of title 5 and in addition 
        includes--
                    ``(A) a link between the performance management 
                system and the agency's strategic plan;
                    ``(B) adequate training and retraining for 
                supervisors, managers, and employees in the 
                implementation and operation of the performance 
                management system;
                    ``(C) a process for ensuring ongoing performance 
                feedback and dialogue between supervisors, managers, 
                and employees throughout the appraisal period and 
                setting timetables for review;
                    ``(D) effective transparency and accountability 
                measures to ensure that the management of the system is 
                fair, credible, and equitable, including appropriate 
                independent reasonableness, reviews, internal 
                assessments, and employee surveys; and
                    ``(E) a means to ensure that adequate agency 
                resources are allocated for the design, implementation, 
                and administration of the performance management 
                system;''.

SEC. 10. CONSULTATION.

    Before the implementation of any changes authorized under this Act, 
the Comptroller General shall consult with any interested groups or 
associations representing officers and employees of the General 
Accounting Office.

SEC. 11. REPORTING REQUIREMENTS.

    (a) Annual Reports.--The Comptroller General shall include--
            (1) 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 enactment of this Act, a 
        summary review of all actions taken under sections 2, 3, 4, 6, 
        7, 9, and 10 of this Act during the period covered by such 
        report, including--
                    (A) the respective numbers of officers and 
                employees--
                            (i) separating from the service under 
                        section 2 of this Act;
                            (ii) receiving pay retention under section 
                        4 of this Act;
                            (iii) receiving increased annual leave 
                        under section 6 of this Act; and
                            (iv) engaging in the executive exchange 
                        program under section 7 of this Act, as well as 
                        the number of private sector employees 
                        participating in such program and a review of 
                        the general nature of the work performed by the 
                        individuals participating in such program;
                    (B) a review of all actions taken to formulate the 
                appropriate methodologies to implement the pay 
                adjustments provided for under section 3 of this Act, 
                except that nothing under this subparagraph shall be 
                required if no changes are made in any such methodology 
                during the period covered by such report; and
                    (C) an assessment of the role of sections 2, 3, 4, 
                6, 7, 9, and 10 of this Act in contributing to the 
                General Accounting Office's ability to carry out its 
                mission, meet its performance goals, and fulfill its 
                strategic plan; and
            (2) in each report submitted to Congress under such section 
        719(a) after the effective date of section 3 of this Act and 
before the close of the 5-year period referred to in paragraph (1)--
                    (A) a detailed description of the methodologies 
                applied under section 3 of this Act and the manner in 
                which such methodologies were applied to determine the 
                appropriate annual pay adjustments for officers and 
                employees of the Office;
                    (B) the amount of the annual pay adjustments 
                afforded to officers and employees of the Office under 
                section 3 of this Act; and
                    (C) a description of any extraordinary economic 
                conditions or serious budget constraints which had a 
                significant impact on the determination of the annual 
                pay adjustments for officers and employees of the 
                Office.
    (b) Final Report.--Not later than 6 years after the date of 
enactment of this Act, the Comptroller General shall submit to Congress 
a report concerning the implementation of this Act. Such report shall 
include--
            (1) a summary of the information included in the annual 
        reports required under subsection (a);
            (2) recommendations for any legislative changes to section 
        2, 3, 4, 6, 7, 9, or 10 of this Act; and
            (3) any assessment furnished by the General Accounting 
        Office Personnel Appeals Board or any interested groups or 
        associations representing officers and employees of the Office 
        for inclusion in such report.
    (c) Additional Reporting.--Notwithstanding any other provision of 
this section, the reporting requirement under subsection (a)(2)(C) 
shall apply in the case any report submitted under section 719(a) of 
title 31, United States Code, whether during the 5-year period 
beginning on the date of enactment of this Act (as required by 
subsection (a)) or at any time thereafter.

SEC. 12. TECHNICAL AMENDMENT.

    Section 732(h)(3)(A) is amended by striking ``reduction force'' and 
inserting ``reduction in force''.

SEC. 13. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall take effect on the date of 
enactment of this Act.
    (b) Pay Adjustments.--
            (1) In general.--Section 3 of this Act and the amendments 
        made by that section shall take effect on October 1, 2005, and 
        shall apply in the case of any annual pay adjustment taking 
        effect on or after that date.
            (2) Interim authorities.--In connection with any pay 
        adjustment taking effect under section 732(c)(3) or 
        733(a)(3)(B) of title 31, United States Code, before October 1, 
        2005, the Comptroller General may by regulation--
                    (A) provide that such adjustment not be applied in 
                the case of any officer or employee whose performance 
                is not at a satisfactory level, as determined by the 
                Comptroller General for purposes of such adjustment; 
                and
                    (B) provide that such adjustment be reduced if and 
                to the extent necessary because of extraordinary 
                economic conditions or serious budget constraints.
            (3) Additional authority.--
                    (A) In general.--The Comptroller General may by 
                regulation delay the effective date of section 3 of 
                this Act and the amendments made by that section for 
                groups of officers and employees that the Comptroller 
                General considers appropriate.
                    (B) Interim authorities.--If the Comptroller 
                General provides for a delayed effective date under 
                subparagraph (A) with respect to any group of officers 
                or employees, paragraph (2) shall, for purposes of such 
                group, be applied by substituting such date for 
                ``October 1, 2005''.

            Passed the House of Representatives February 25, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.