[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2751 Enrolled Bill (ENR)]
H.R.2751
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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,

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(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.

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(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.';''.

2f8345eab2286b3af79cdf8373687d004b60ccefc141dd72bf25846a49232599

(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.''.

3bb75cddb220f0c4e5834edc99f5c0eaa1f3b9163025d366f597980f52d3c745

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.''.

223d14815ddf5ca7b165e5f43c0783c82bad1b59206d90f5b76e6d920c38b26e

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.''.

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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.''.

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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).''.

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(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.

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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;''.

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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.

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(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 section3 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.

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

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(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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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GAO Human Capital Reform Act of 2004

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