[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.