[House Report 115-403]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-403
======================================================================
TO AMEND TITLE 5, UNITED STATES CODE, TO PROVIDE FOR ANNUAL SURVEYS OF
FEDERAL EMPLOYEES, AND FOR OTHER PURPOSES
_______
November 8, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 3244]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 3244) to amend title 5, United
States Code, to provide for annual surveys of Federal
employees, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 3
Section-by-Section............................................... 8
Explanation of Amendments........................................ 8
Committee Consideration.......................................... 8
Roll Call Votes.................................................. 8
Application of Law to the Legislative Branch..................... 8
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 9
Statement of General Performance Goals and Objectives............ 9
Duplication of Federal Programs.................................. 9
Disclosure of Directed Rule Makings.............................. 9
Federal Advisory Committee Act................................... 9
Unfunded Mandates Statement...................................... 9
Earmark Identification........................................... 9
Committee Estimate............................................... 9
Budget Authority and Congressional Budget Office Cost Estimate... 10
Changes in Existing Law Made by the Bill, as Reported............ 11
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. EMPLOYEE SURVEYS.
(a) In General.--Chapter 14 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 1403. Employee surveys
``(a) In General.--Each agency shall conduct an annual survey of its
employees (including survey questions unique to the agency and
questions prescribed under subsection (b)) to assess--
``(1) leadership and management practices that contribute to
agency performance; and
``(2) employee satisfaction with--
``(A) leadership policies and practices;
``(B) work environment;
``(C) rewards and recognition for professional
accomplishment and personal contributions to achieving
organizational mission;
``(D) opportunity for professional development and
growth; and
``(E) opportunity to contribute to achieving
organizational mission.
``(b) Regulations; Notice.--
``(1) In general.--The Director of the Office of Personnel
Management shall issue regulations prescribing survey questions
that should appear on all agency surveys under subsection (a)
in order to allow a comparison across agencies.
``(2) Notice of change to regulations.--
``(A) In general.--The Director of the Office of
Personnel Management may not issue a regulation under
this section until the date that is 60 days after the
date on which the Director submits such regulation to
the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate unless
the Director submitted such regulation to those
committees not later than the day after the date on
which the notice of proposed rulemaking is published in
the Federal Register.
``(B) Applicability.--Subparagraph (A) shall apply
with respect to any regulation promulgated on or after
the date of enactment of this paragraph.
``(3) Notice of change to survey questions.--Not later than
60 days before finalizing any change, addition, or removal to
any survey question in the annual employee survey administered
by the Office pursuant to this section, the Director shall--
``(A) make the proposed change, addition, or removal
and the proposed final text, if applicable, of any such
question publicly available on the agency's website;
and
``(B) provide to the Committee on Oversight and
Government Reform of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate--
``(i) the proposed change, addition, or
removal and the proposed final text, if
applicable, of any such question;
``(ii) a justification for the proposed
change, addition, or removal; and
``(iii) an analysis of whether the change,
addition, or removal will affect the ability to
compare results from surveys taken after the
change, addition, or removal is implemented
with results from surveys taken before the
change, addition, or removal is implemented.
``(c) Occupational Data.--To the extent practicable, the Director of
the Office of Personnel Management shall, in publishing agency survey
data collected under subsection (a), include responses to such surveys
by occupation. In carrying out this subsection the Director shall
ensure the confidentiality of any agency survey respondent.
``(d) Survey Incentives.--In conjunction with each annual survey
required under subsection (a), the head of each agency shall submit to
the Director of the Office of Personnel Management information on any
monetary, in-kind, leave-related, or other incentive offered to
employees in exchange for participation in the survey, including a
description of the type of each such incentive offered and the quantity
of each such incentive provided to employees.
``(e) Availability of Results.--The results of the agency surveys
under subsection (a) shall be made available to the public and posted
on the website of the agency involved, unless the head of such agency
determines that doing so would jeopardize or negatively impact national
security.
``(f) Agency Defined.--In this section, the term `agency' has the
meaning given the term Executive agency in section 105.''.
(b) Applicability.--
(1) The requirements of section 1403 of title 5, United
States Code (as added by this Act) shall apply with respect to
any annual survey initiated on or after the date of enactment
of this Act.
(2) Any annual survey authorized by, and meeting the
requirements of, section 1128 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 5
U.S.C. 7101 note) that is in progress on the date of enactment
of this Act (or, if no such survey is in progress, was most
recently completed prior to the date of enactment of this Act)
shall be considered to be a survey authorized by, and that
meets the requirements of, section 1403(a) of title 5, United
States Code, (as added by this Act) including for purposes of
requiring the Office of Personnel Management to give notice of
subsequent changes, additions, or removals of survey questions
under section 1403(b)(3) of such title.
(c) Technical and Conforming Amendments.--
(1) Repeal.--Section 1128 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 5
U.S.C. 7101 note), and the item relating to such section in the
table of sections, is repealed.
(2) Table of sections.--The table of sections for chapter 14
of title 5, United States Code, is amended by inserting after
the item relating to section 1402 the following new item:
``1403. Employee surveys.''.
(3) Table of chapters.--The item relating to chapter 14 in
the table of chapters for part II of title 5, United States
Code, is amended to read as follows:
``14. Agency Chief Human Capital Officers; Employee Surveys. 1401''.
(4) Chapter heading.--The heading for chapter 14 of title 5,
United States Code, is amended to read as follows: ``CHAPTER
14--AGENCY CHIEF HUMAN CAPITAL OFFICERS; EMPLOYEE SURVEYS''.
SEC. 2. GAO STUDY ON ANNUAL SURVEY INCENTIVES.
The Comptroller General of the United States shall conduct a study on
the types of incentives offered by agencies to employees in exchange
for participation in surveys required by section 1128 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 5
U.S.C. 7101 note) or section 1403 of title 5, United States Code, that
includes an evaluation of the impact of such incentives on employee
survey responses and response rates, and any recommendations regarding
such incentives the Comptroller General considers necessary.
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 3244 amends chapter 14 of title 5, United States Code,
to authorize and require the annual Federal Employee Viewpoint
Survey (FEVS), previously authorized in the National Defense
Authorization Act for Fiscal Year 2004. H.R. 3244 also requires
the U.S. Office of Personnel Management (OPM) to submit to
Congress all changes to FEVS questions and FEVS-related
regulations before they take effect to ensure comparability of
FEVS data over time.
BACKGROUND AND NEED FOR LEGISLATION
In the National Defense Authorization Act for Fiscal Year
2004, Congress required each Federal agency to conduct an
annual survey of its employees to provide the agency, Congress,
and the public with data on employee perceptions and morale.\1\
The provision required agencies to collect data on leadership
and management practices that contribute to agency performance.
In addition, the survey covered data on employee satisfaction
in five areas: (1) leadership policies and practices; (2) work
environment; (3) rewards and recognition for professional
accomplishment and personal contributions to achieving
organizational mission; (4) opportunity for professional
development and growth; and (5) opportunity to contribute to
achieving organizational mission.\2\ This annual survey is
currently known as the Federal Employee Viewpoint Survey
(FEVS). FEVS provides Congress and other stakeholders
employees' views of federal agencies, which are invaluable in
identifying emerging issues and, over extended periods,
assessing agency-specific and government-wide trends.
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\1\National Defense Authorization Act for Fiscal Year 2004, Pub. L.
No. 108-136, Sec. 1128, 117 Stat. 1392, 1641 (2003).
\2\Id. Sec. 1128(a), 117 Stat. at 1641.
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The trends observed in the annual data can help drive major
changes at agencies. For example, the Department of Homeland
Security (DHS) has consistently ranked at the bottom of OPM and
Partnership for Public Service rankings comparing employee
feedback on the FEVS government-wide.\3\ The survey results
alerted DHS to internal management issues the agency has worked
to resolve. FEVS survey results and the Partnership's resulting
rankings showed that the Department has made considerable
progress. In 2016, DHS received its first score improvement
since 2010. In fact, DHS had the second largest index score
increase of any large agency in the Partnership's rankings.\4\
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\3\The Partnership for Public Service is a non-profit, non-partisan
organization that publishes an annual Best Places to Work in the
Federal Government ranking based on FEVS results.
\4\Partnership for Public Service, Explore Rankings, http://
bestplacestowork.org/ BPTW/rankings/ detail/HS00 (last visited July 25,
2017).
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In another example, the Surface Transportation Board (the
Board) consistently received ratings as one of the best places
to work in the federal government. However, the agency
experienced alarming and drastic falls in survey scores in 2015
and 2016. In a 2017 hearing before the Subcommittee on
Government Operations of the House Committee on Oversight and
Government Reform (the Committee), a Board representative
testified he was not aware of employee problems at the agency
until the scores were released.\5\ Fortuitously, Board staff
met human resources staff of the high-performing Securities and
Exchange Commission (SEC) at the hearing. The SEC agreed to
meet and offer suggestions to the Board on specific areas that
the Board should address to improve overall engagement
scores.\6\
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\5\The Best and Worst Places to Work in the Federal Government:
Hearing Before the H. Comm. on Oversight & Gov't Reform, Subcomm. on
Gov't Operations, 115th Cong. (2017) [hereinafter ``The Best and Worst
Places to Work 2017 Hearing''] (statement of Lee Gardner, Managing
Director, U.S. Surface Transp. Bd.).
\6\Id.
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The trends observed in the data can also provide valuable
information on government-wide issues. For example, the lowest
scores on FEVS consistently relate to how merit is assessed and
rewarded, and conversely, how poor performance is addressed
within federal agencies.\7\
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\7\U.S. Office of Personnel Mgmt., Federal Employee Viewpoint
Survey Government-Wide Mgmt. Rep. (2016), at 39, 41.
FEDERAL EMPLOYEE VIEWPOINT SURVEY DATA 2012-2016
----------------------------------------------------------------------------------------------------------------
Percent positive
-------------------------------------------------
2012 2013 2014 2015 2016
----------------------------------------------------------------------------------------------------------------
``In my work unit, steps are taken to deal with a poor 29 28 28 28 29
performer who cannot or will not improve.''\8\...............
``Promotions in my work unit are based on merit.''\9\......... 34 32 32 33 34
``Pay raises depend on how well employees perform their 22 19 20 21 22
jobs.''\10\..................................................
``How satisfied are you with your opportunity to get a better 36 34 33 35 36
job in your organization?''\11\..............................
----------------------------------------------------------------------------------------------------------------
Feedback such as this can assist Congress in evaluating the
effectiveness of current civil service laws to recruit and
retain a qualified and productive workforce.
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\8\Id. at 39.
\9\Id.
\10\Id.
\11\Id. at 41.
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The OPM plays an important role in helping to demonstrate
employee feedback trends. Under current law, the OPM is
responsible for prescribing survey questions that appear in all
agency surveys to allow for cross-agency comparisons.\12\ Given
the OPM's government-wide role in developing questions, the OPM
began administering the survey for most agencies as a matter of
convenience. Today, the OPM administers the annual employee
survey for approximately 97 percent of the executive branch. In
addition, the OPM allows agencies to submit a small number of
agency-specific questions to include on the annual FEVS.\13\
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\12\National Defense Authorization Act for Fiscal Year 2004, Pub.
L. No. 108-136, Sec. 1128(b), 117 Stat. 1392 (2003).
\13\Briefing by Kimberly Wells, Lead Research Psychologist, U.S.
Office of Personnel Mgmt., to H. Comm. on Oversight & Gov't Reform
(Apr. 3, 2017) [hereinafter OPM Staff Briefing].
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In August 2006, the OPM published a final rule in the
Federal Register listing 45 questions that all agencies are
required to ask their employees to fulfill the statutory
requirements.\14\ In addition to these required questions, the
OPM asks additional questions on each FEVS administered by the
Office. The 2016 edition of the FEVS included 39 additional
questions.\15\ While these additional questions were not
published in the Federal Register, they are asked at the vast
majority of federal agencies due to the role the OPM took in
administering the survey for most of the federal government.
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\14\U.S. Office of Personnel Mgmt., Personnel Mgmt. in Agencies--
Employee Surveys, 71 Fed. Reg. 49979 (Aug. 24, 2006) (final rule).
\15\U.S. Office of Personnel Mgmt., supra note 7, at 38 (number
calculated by subtracting the total number of questions in regulation--
45--from the total number of questions asked on the survey--84).
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On February 8, 2016, the OPM published the proposed rule,
Personnel Management in Agencies. Among other things, the
proposed rule scaled back the number of government-wide
questions required in the original regulation from 45 to
11.\16\ The impetus for the revised rule, according to the OPM,
was to provide flexibility as it sought to modernize the survey
questions. Specifically, the OPM wanted to revise survey
questions and definitions to improve usefulness and clarity and
remove questions agencies no longer found useful without having
to revise the regulation continually.\17\ After soliciting
public input on the proposed rule, the OPM responded by
increasing the number of retained questions from 11 to 16.
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\16\U.S. Office of Personnel Mgmt., Personnel Mgmt. in Agencies, 81
Fed. Reg. 6469 (Feb. 8, 2016) (proposed rule).
\17\Id.
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Omitted from the 16 questions in the final rule are
important questions from the original regulation relating to
leadership, job satisfaction, performance culture, personal
work experiences, and recruitment, development, and retention.
These questions measure employee sentiments toward concepts
such as employee skills-mission match, pay, effective
leadership, and performance-based rewards and advancement.
In discussions with Committee staff, the OPM emphasized
that the removal of these questions from regulation did not
mean the OPM planned to remove the questions from the 2017
FEVS. The 2017 FEVS, sent to agencies in May and June, remained
substantially unchanged from the 2016 edition of the
survey.\18\
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\18\OPM Staff Briefing, supra note 10.
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On November 15, 2016, Republican and Democratic Members on
the Committee and other committees sent a letter to the OPM
requesting the agency carefully consider ramifications of
publishing the final rule.\19\ The Committee in particular
remains concerned with the long-term consequences of reducing
the 45 questions protected in regulation to 16. A future
administration could decide to eliminate or significantly alter
any of the 68 questions not included in the regulation.\20\
These survey flexibilities could be used to artificially
inflate feedback at agencies by changing the standard used to
measure a concept. The flexibilities could also be used to
eliminate questions where agencies receive low scores, thereby
leaving agencies, Congress, and the public unable to compare
future results with historical trends.
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\19\Letter from Jason Chaffetz, Chairman, and Elijah Cummings,
Ranking Minority Member, H. Comm. on Oversight & Gov't Reform; Mark
Meadows, Chairman, and Gerald Connolly, Ranking Minority Member,
Subcomm. on Gov't Operations; Jeff Miller, Chairman, and Mark Takano,
Acting Ranking Minority Member, H. Comm. on Veterans' Affairs; and
Michael McCaul, Chairman, H. Comm. on Homeland Sec., to Beth Cobert,
Acting Dir., U.S. Office of Personnel Mgmt. (Nov. 15, 2016).
\20\The 68 questions refer to the 39 questions asked on the OPM-
administered 2016 FEVS that were not in regulation plus the 29
questions removed from the 2006 regulation.
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The OPM published the final rule on December 12, 2016, and
it became effective April 11, 2017.\21\
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\21\U.S. Office of Personnel Mgmt., Personnel Mgmt. in Agencies, 81
Fed. Reg. 89357 (Dec. 12, 2016) (final rule).
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On April 6, 2017, at a Subcommittee on Government
Operations hearing on FEVS results, Chairman Mark Meadows and
Ranking Minority Member Gerald Connolly raised concerns about
the changes to the questions required by regulation. In
comments directed to the OPM, Chairman Meadows stated, ``Don't
change the standard, okay. And so I'm all for modernization and
all that, but I don't want a benchmark that lets me have [the
Department of Homeland Security's] score next year be different
than [its] score for the last couple of years.''\22\
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\22\The Best and Worst Places to Work 2017 Hearing, supra note 4,
at 46 (statement of Mark Meadows, Chairman, Subcomm. on Gov't
Operations).
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Ranking Minority Member Connolly added, ``I think you can
understand the concern of the chairman, and I share it. If we
start changing the baseline against which we measure best of
work, you know, we all become one happy paradise in the
workers' . . . republic, and everyone is happy, and we've got
new standards that shows it. And we don't really want to go
there. The purpose of these metrics is really to try to gauge
where we are and make appropriate improvements. So I would echo
what the chairman had to say.''\23\
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\23\Id. (statement of Gerald Connolly, Ranking Minority Member,
Subcomm. on Gov't Operations).
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Understanding the progression of an agency's scores is
crucial to ensuring agencies are endeavoring to support a
productive workforce.
H.R. 3244, as amended, helps alleviate these concerns by
requiring the OPM to submit all proposed changes to FEVS-
related regulations to the Committee and the Senate Committee
on Homeland Security and Governmental Affairs before the
changes take effect. The bill also requires the OPM to submit
to these Committees all changes, additions, or removals of FEVS
survey questions, regardless of whether the questions are the
16 currently in regulation, not later than 60 days before such
changes, additions, or removals are finalized. The submission
must include: the proposed change, addition, or removal and the
proposed final text; a justification for the proposed change,
addition, or removal; and an analysis of whether it will affect
the ability to compare results from surveys taken after it is
implemented with results from surveys taken before
implementation. The OPM is required to use the questions in the
2017 version of the annual federal employee survey, including
all questions not in regulation, as the basis for providing the
required analysis.
Finally, the bill requires the OPM to report FEVS data by
occupation to the extent practicable, while also ensuring the
confidentiality of each respondent. Reporting data by
occupation increases its usefulness. The OPM already does this
when it reports on FEVS responses each year. This added
provision codifies this requirement in law.
LEGISLATIVE HISTORY
On July 14, 2017, Representative Mark Meadows (R-NC)
introduced H.R. 3244, to amend title 5, United States Code, to
provide for annual surveys of Federal employees, and for other
purposes, with Representatives Jody Hice (R-GA) and Gerald
Connolly (D-VA). H.R. 3244 was referred to the Committee on
Oversight and Government Reform. The Committee considered H.R.
3244 at a business meeting on July 19, 2017 and ordered the
bill reported favorably to the House, as amended, by voice
vote.
The Committee has held three hearings analyzing agency-
specific FEVS results. The Subcommittee on Government
Operations heard from the National Archives and Records
Administration, the U.S. Chemical Safety Board, DHS, and the
Government Accountability Office at an April 16, 2015, hearing
titled The Worst Places to Work in the Federal Government. The
Subcommittee heard from the National Aeronautics and Space
Administration, DHS, the Department of Labor, the Department of
Housing and Urban Development, and the Partnership for Public
Service at an April 27, 2016, hearing titled The Best and Worst
Places to Work in the Federal Government. Finally, the
Subcommittee heard from the Department of Agriculture, the
Securities and Exchange Commission, DHS, the Surface
Transportation Board, the OPM, and the Partnership for Public
Service at an April 6, 2017, hearing titled The Best and Worst
Places to Work in the Federal Government. At the April 27,
2016, and April 6, 2017, hearings, the Subcommittee discussed
the OPM's specific changes to the FEVS regulations.
Section-by-Section
Section 1. Employee surveys
This section adds a new section 1403 to title 5, United
States Code. Section 1403 makes permanent the mandate for
annual employee surveys in section 1128 of the National Defense
Authorization Act for Fiscal Year 2004, without change except
for new requirements added in subsections (b) and (c). Changes
include the publication of respondent data by occupation and a
60-day delay in implementation of any FEVS-related regulation
or change to FEVS questions from the date the changes are
submitted to the appropriate committees. The baseline for such
changes is the survey sent to federal employees in May and June
of 2017. Additionally, the bill repeals section 1128 of the
National Defense Authorization Act for Fiscal Year 2004 which
section 1403 would render superfluous.
Sec. 2. GAO Study on annual survey incentives
This section requires the Government Accountability Office
(GAO) to review the incentives agencies offer for participation
in FEVS.
Explanation of Amendments
During Committee consideration of the bill, Representative
Mark Meadows (R-NC) offered an amendment in the nature of a
substitute (ANS) to clarify that OPM must use the most recent
edition of the FEVS, sent to federal employees in May and June
of 2017, as its basis for reporting changes and changing the
chapter of title 5 amended by the bill.
Representative Gerald Connolly (D-VA) offered a perfecting
amendment to the ANS requiring agencies to submit information
to OPM on incentives offered to employees in exchange for
participation in the FEVS and for GAO to conduct a study
thereon.
The Committee agreed to the Connolly amendment to the ANS
by voice vote and the Meadows ANS, as amended, by voice vote.
Committee Consideration
On July 19, 2017, the Committee met in open session and,
with a quorum being present, ordered the bill favorably
reported to the House, by voice vote, as amended.
Roll Call Votes
There were no roll call votes requested or conducted during
consideration of H.R. 3244.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill authorizes a voluntary federal employee survey. As
such, this bill does not relate to employment or access to
public services and accommodations applicable to the
legislative branch.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to provide for annual surveys
of Federal employees.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
The legislation requires the Director of the Office of
Personnel Management to issue regulations prescribing survey
questions that must appear on all surveys authorized under the
act.
Federal Advisory Committee Act
The Committee finds the legislation does not establish or
authorize the establishment of an advisory committee within the
definition of Section 5(b) of the appendix to title 5, United
States Code.
Unfunded Mandate Statement
Pursuant to section 423 of the Congressional Budget and
Impoundment Control Act (Pub. L. 113-67) the Committee has
included a letter received from the Congressional Budget Office
below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 18, 2017.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3244, a bill to
amend title 5, United States Code, to provide for annual
surveys of Federal employees, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 3244--A bill to amend title 5, United State Code, to provide for
annual surveys of Federal employees, and for other purposes
H.R. 3244 would expand the requirements for administering
the Federal Employee Viewpoint Survey. The National Defense
Authorization Act for 2004 requires agencies to conduct annual
employee surveys across the federal government. Under the bill,
the survey would need to include new agency-specific questions
and would require additional oversight from the Office of
Personnel Management (OPM) and the Congress. The bill also
would require the Government Accountability Office (GAO) to
study the incentives agencies use to encourage employee
participation in the surveys.
Based on an analysis of information from OPM, CBO expects
that most of the survey information referenced in H.R. 3244 is
already collected and that there would be minimal
administrative costs associated with expanding the existing
surveys. Thus, CBO estimates any additional costs would total
less than $500,000 annually; such spending would be subject to
the availability of appropriated funds. In addition, and based
on similar reports, CBO estimates that the cost of the study by
GAO would not be significant.
The bill could affect direct spending by agencies not
funded though annual appropriations; therefore, pay-as-you-go
procedures apply. CBO estimates, however, that any net increase
in spending by those agencies would be negligible. Enacting
H.R. 3244 would not affect revenues.
CBO estimates that enacting H.R. 3244 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3244 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
Chap. Sec.
Office of Personnel Management................................1101
* * * * * * *
Agency Chief Human Capital Officers..........................1401]
1401Agency Chief Human Capital Officers; Employee Surveys.............
* * * * * * *
CHAPTER 14--AGENCY CHIEF HUMAN CAPITAL OFFICERS; EMPLOYEE SURVEYS
Sec.
1401. Establishment of agency Chief Human Capital Officers.
* * * * * * *
1403. Employee surveys.
* * * * * * *
Sec. 1403. Employee surveys
(a) In General.--Each agency shall conduct an annual survey
of its employees (including survey questions unique to the
agency and questions prescribed under subsection (b)) to
assess--
(1) leadership and management practices that
contribute to agency performance; and
(2) employee satisfaction with--
(A) leadership policies and practices;
(B) work environment;
(C) rewards and recognition for professional
accomplishment and personal contributions to
achieving organizational mission;
(D) opportunity for professional development
and growth; and
(E) opportunity to contribute to achieving
organizational mission.
(b) Regulations; Notice.--
(1) In general.--The Director of the Office of
Personnel Management shall issue regulations
prescribing survey questions that should appear on all
agency surveys under subsection (a) in order to allow a
comparison across agencies.
(2) Notice of change to regulations.--
(A) In general.--The Director of the Office
of Personnel Management may not issue a
regulation under this section until the date
that is 60 days after the date on which the
Director submits such regulation to the
Committee on Oversight and Government Reform of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate unless the Director submitted
such regulation to those committees not later
than the day after the date on which the notice
of proposed rulemaking is published in the
Federal Register.
(B) Applicability.--Subparagraph (A) shall
apply with respect to any regulation
promulgated on or after the date of enactment
of this paragraph.
(3) Notice of change to survey questions.--Not later
than 60 days before finalizing any change, addition, or
removal to any survey question in the annual employee
survey administered by the Office pursuant to this
section, the Director shall--
(A) make the proposed change, addition, or
removal and the proposed final text, if
applicable, of any such question publicly
available on the agency's website; and
(B) provide to the Committee on Oversight and
Government Reform of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs of the
Senate--
(i) the proposed change, addition, or
removal and the proposed final text, if
applicable, of any such question;
(ii) a justification for the proposed
change, addition, or removal; and
(iii) an analysis of whether the
change, addition, or removal will
affect the ability to compare results
from surveys taken after the change,
addition, or removal is implemented
with results from surveys taken before
the change, addition, or removal is
implemented.
(c) Occupational Data.--To the extent practicable, the
Director of the Office of Personnel Management shall, in
publishing agency survey data collected under subsection (a),
include responses to such surveys by occupation. In carrying
out this subsection the Director shall ensure the
confidentiality of any agency survey respondent.
(d) Survey Incentives.--In conjunction with each annual
survey required under subsection (a), the head of each agency
shall submit to the Director of the Office of Personnel
Management information on any monetary, in-kind, leave-related,
or other incentive offered to employees in exchange for
participation in the survey, including a description of the
type of each such incentive offered and the quantity of each
such incentive provided to employees.
(e) Availability of Results.--The results of the agency
surveys under subsection (a) shall be made available to the
public and posted on the website of the agency involved, unless
the head of such agency determines that doing so would
jeopardize or negatively impact national security.
(f) Agency Defined.--In this section, the term ``agency'' has
the meaning given the term Executive agency in section 105.
* * * * * * *
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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004
* * * * * * *
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS
* * * * * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XI--CIVILIAN PERSONNEL MATTERS
* * * * * * *
Subtitle C--Other Federal Government Civilian Personnel Matters
* * * * * * *
[Sec. 1128. Employee surveys.]
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XI--CIVILIAN PERSONNEL MATTERS
* * * * * * *
Subtitle C--Other Federal Government Civilian Personnel Matters
* * * * * * *
[SEC. 1128. EMPLOYEE SURVEYS.
[(a) In General.--Each agency shall conduct an annual survey
of its employees (including survey questions unique to the
agency and questions prescribed under subsection (b)) to
assess--
[(1) leadership and management practices that
contribute to agency performance; and
[(2) employee satisfaction with--
[(A) leadership policies and practices;
[(B) work environment;
[(C) rewards and recognition for professional
accomplishment and personal contributions to
achieving organizational mission;
[(D) opportunity for professional development
and growth; and
[(E) opportunity to contribute to achieving
organizational mission.
[(b) Regulation.--The Office of Personnel Management shall
issue regulations prescribing survey questions that should
appear on all agency surveys under subsection (a) in order to
allow a comparison across agencies.
[(c) Availability of Results.--The results of the agency
surveys under subsection (a) shall be made available to the
public and posted on the website of the agency involved, unless
the head of such agency determines that doing so would
jeopardize or negatively impact national security.
[(d) Agency defined.--For purposes of this section, the term
``agency'' means an Executive agency (as defined by section 105
of title 5, United States Code).]
* * * * * * *
[all]