```

[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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \8\Id. at 39.
    \9\Id.
    \10\Id.
    \11\Id. at 41.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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].
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \16\U.S. Office of Personnel Mgmt., Personnel Mgmt. in Agencies, 81 
Fed. Reg. 6469 (Feb. 8, 2016) (proposed rule).
    \17\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \18\OPM Staff Briefing, supra note 10.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    The OPM published the final rule on December 12, 2016, and 
it became effective April 11, 2017.\21\
---------------------------------------------------------------------------
    \21\U.S. Office of Personnel Mgmt., Personnel Mgmt. in Agencies, 81 
Fed. Reg. 89357 (Dec. 12, 2016) (final rule).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \23\Id. (statement of Gerald Connolly, Ranking Minority Member, 
Subcomm. on Gov't Operations).
---------------------------------------------------------------------------
    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.

           *       *       *       *       *       *       *

                              ----------                              

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]
```