[Congressional Record Volume 149, Number 173 (Monday, November 24, 2003)]
[Senate]
[Pages S15875-S15878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S15875]]
                  GAO HUMAN CAPITAL REFORM ACT OF 2003

  Mr. ENSIGN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 407, S. 1522.
  The PRESIDING OFFICER (Mr. Coleman). The clerk will report the bill 
by title.
  The legislative clerk read as follows:

       A bill (S. 1522) to provide new human capital flexibilities 
     with respect to the GAO, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Governmental Affairs, 
with amendments, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                S. 1522

       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 2003''.
       (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.

       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 enactment of this Act and 
     ending on December 31, 2003'' each place it appears and 
     inserting ``October 13, 2000''.]

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

       (a) Extension of Authorities.--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 enactment of this Act and ending on December 31, 2003'' 
     each place it appears and inserting ``October 13, 2000''.
       (b) Exclusion of Certain Employees Receiving Student Loan 
     Benefits.--Section 2(b) of Public Law 106-303 (5 U.S.C. 5597 
     note) is amended by striking paragraph (2) and inserting the 
     following:
       ``(2)(A) 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; and
       ``(B) employees excluded under subsection (a)(2)(G) of such 
     section, shall include any employee who, during the 36-month 
     period preceding the date of separation of that employee, 
     performed service for which a student loan repayment benefit 
     was or is to be paid under section 5379 of title 5, United 
     States Code;''.
       (c) Sense of Congress.--
       (1) Voluntary early retirement authority.--Section 1 of 
     Public Law 106-303 (5 U.S.C. 8336 note) 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 (5 U.S.C. 5597 note) 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.''.

      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 pay rates of officers and employees of the 
     Office shall be adjusted annually to such extent as the 
     Comptroller General shall determine, taking into 
     consideration--]
       ``(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 [there be equal pay for 
     substantially equal work] equal pay should be provided for 
     work of equal value within each local pay area;
       [``(B) the Consumer Price Index;
       ``(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 [in high-grade, managerial, or 
     supervisory positions] may be assigned to private sector 
     organizations, and employees of private sector 
     organizations may be assigned to the Office, [for work of 
     mutual concern and benefit.] 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 which define high-grade, 
     managerial, or supervisory positions, and] 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; [and]
       ``(2) shall limit--

[[Page S15876]]

       ``(A) the number of officers and employees who are assigned 
     to private sector organizations at any one time to not more 
     than [30]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. 9.] 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, [and 7] 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, [and 
     7] 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] 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, [or 7] 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. 10.] 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''.

  Mr. ENSIGN. I ask unanimous consent that the committee amendments be 
agreed to en bloc, the bill, as amended, be read the third time and 
passed, the motions to reconsider be laid upon the table en bloc, and 
that any statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (S. 1522), as amended, was read the third time and passed, 
as follows:

                                S. 1522

       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 2003''.
       (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) Extension of Authorities.--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 enactment of this Act and ending on December 31, 2003'' 
     each place it appears and inserting ``October 13, 2000''.
       (b) Exclusion of Certain Employees Receiving Student Loan 
     Benefits.--Section

[[Page S15877]]

     2(b) of Public Law 106-303 (5 U.S.C. 5597 note) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2)(A) 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; and
       ``(B) employees excluded under subsection (a)(2)(G) of such 
     section, shall include any employee who, during the 36-month 
     period preceding the date of separation of that employee, 
     performed service for which a student loan repayment benefit 
     was or is to be paid under section 5379 of title 5, United 
     States Code;''.
       (c) Sense of Congress.--
       (1) Voluntary early retirement authority.--Section 1 of 
     Public Law 106-303 (5 U.S.C. 8336 note) 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 (5 U.S.C. 5597 note) 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.''.

      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

[[Page S15878]]

     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''.

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