PUBLIC LAW 108–271—JULY 7, 2004 118 STAT. 811

Public Law 108–271

108th Congress

An Act

To provide new human capital flexibilities with respect to the GAO, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 31.

(a) SHORT TITLE.—This Act may be cited as the ‘‘GAO Human

Capital Reform Act of 2004’’.

(b) AMENDMENT OF TITLE 31.—Except as otherwise expressly

provided, whenever in this Act an amendment is expressed in

terms of an amendment to a section or other provision, the reference

shall be considered to be made to a section or other provision

of title 31, United States Code.

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

(a) AUTHORITIES MADE PERMANENT.—Sections 1 and 2 of Public

Law 106–303 (5 U.S.C. 8336 note and 5597 note) are amended

by striking ‘‘for purposes of the period beginning on the date of

the enactment of this Act and ending on December 31, 2003’’ each

place it appears and inserting ‘‘October 13, 2000’’.

(b) SENSE OF CONGRESS.—

(1) VOLUNTARY EARLY RETIREMENT AUTHORITY.—Section 1

of Public Law 106–303 is amended by adding at the end the

following:

‘‘(e) SENSE OF CONGRESS.—It is the sense of Congress that

the implementation of this section is intended to reshape the General Accounting Office workforce and not downsize the General

Accounting Office workforce.’’.

(2) VOLUNTARY SEPARATION INCENTIVE PAYMENTS.—Section

2 of Public Law 106–303 is amended by adding at the end

the following:

‘‘(g) SENSE OF CONGRESS.—It is the sense of Congress that

the implementation of this section is intended to reshape the General Accounting Office workforce and not downsize the General

Accounting Office workforce.’’.

(c) ADDITIONAL LIMITATION RELATING TO VSIPS.—Section 2(b)

of Public Law 106–303 is amended by striking paragraph (2) and

inserting the following:

‘‘(2) subsection (a)(2)(G) of such section shall be applied—

‘‘(A) by construing the citations therein to be references

to the appropriate authorities in connection with employees

of the General Accounting Office; and

‘‘(B) by deeming such subsection to be amended by

striking ‘Code.’ and inserting ‘Code, or who, during the

5 USC 5597 note.

5 USC 8336 note.

31 USC 701 note.

GAO Human

Capital Reform

Act of 2004.

July 7, 2004

[H.R. 2751]

118 STAT. 812 PUBLIC LAW 108–271—JULY 7, 2004

thirty-six month period preceding the date of separation,

performed service for which a student loan repayment benefit was or is to be paid under section 5379 of title 5,

United States Code.’;’’.

SEC. 3. ANNUAL PAY ADJUSTMENTS.

(a) OFFICERS AND EMPLOYEES GENERALLY.—Paragraph (3) of

section 732(c) is amended to read as follows:

‘‘(3) except as provided under section 733(a)(3)(B) of this

title, basic rates of officers and employees of the Office shall

be adjusted annually to such extent as determined by the

Comptroller General, and in making that determination the

Comptroller General shall consider—

‘‘(A) the principle that equal pay should be provided

for work of equal value within each local pay area;

‘‘(B) the need to protect the purchasing power of officers

and employees of the Office, taking into consideration the

Consumer Price Index or other appropriate indices;

‘‘(C) any existing pay disparities between officers and

employees of the Office and non-Federal employees in each

local pay area;

‘‘(D) the pay rates for the same levels of work for

officers and employees of the Office and non-Federal

employees in each local pay area;

‘‘(E) the appropriate distribution of agency funds

between annual adjustments under this section and

performance-based compensation; and

‘‘(F) such other criteria as the Comptroller General

considers appropriate, including, but not limited to, the

funding level for the Office, amounts allocated for performance-based compensation, and the extent to which the

Office is succeeding in fulfilling its mission and accomplishing its strategic plan;

notwithstanding any other provision of this paragraph, an

adjustment under this paragraph shall not be applied in the

case of any officer or employee whose performance is not at

a satisfactory level, as determined by the Comptroller General

for purposes of such adjustment;’’.

(b) OFFICERS AND EMPLOYEES IN THE OFFICE SENIOR EXECUTIVE

SERVICE.—Subparagraph (B) of section 733(a)(3) is amended to

read as follows:

‘‘(B) adjusted annually by the Comptroller General

after taking into consideration the factors listed under

section 732(c)(3) of this title, except that an adjustment

under this subparagraph shall not be applied in the case

of any officer or employee whose performance is not at

a satisfactory level, as determined by the Comptroller General for purposes of such adjustment;’’.

(c) CONFORMING AMENDMENT.—Section 732(b)(6) is amended

by striking ‘‘title 5.’’ and inserting ‘‘title 5, except as provided

under subsection (c)(3) of this section and section 733(a)(3)(B) of

this title.’’.

SEC. 4. PAY RETENTION.

Paragraph (5) of section 732(c) is amended to read as follows:

‘‘(5) the Comptroller General shall prescribe regulations

under which an officer or employee of the Office shall be entitled

to pay retention if, as a result of any reduction-in-force or

Regulations.

PUBLIC LAW 108–271—JULY 7, 2004 118 STAT. 813

other workforce adjustment procedure, position reclassification,

or other appropriate circumstances as determined by the Comptroller General, such officer or employee is placed in or holds

a position in a lower grade or band with a maximum rate

of basic pay that is less than the rate of basic pay payable

to the officer or employee immediately before the reduction

in grade or band; such regulations—

‘‘(A) shall provide that the officer or employee shall

be entitled to continue receiving the rate of basic pay

that was payable to the officer or employee immediately

before the reduction in grade or band until such time

as the retained rate becomes less than the maximum rate

for the grade or band of the position held by such officer

or employee; and

‘‘(B) shall include provisions relating to the minimum

period of time for which an officer or employee must have

served or for which the position must have been classified

at the higher grade or band in order for pay retention

to apply, the events that terminate the right to pay retention (apart from the one described in subparagraph (A)),

and exclusions based on the nature of an appointment;

in prescribing regulations under this subparagraph, the

Comptroller General shall be guided by the provisions of

sections 5362 and 5363 of title 5.’’.

SEC. 5. RELOCATION BENEFITS.

Section 731 is amended by adding after subsection (e) the

following:

‘‘(f) The Comptroller General shall prescribe regulations under

which officers and employees of the Office may, in appropriate

circumstances, be reimbursed for any relocation expenses under

subchapter II of chapter 57 of title 5 for which they would not

otherwise be eligible, but only if the Comptroller General determines

that the transfer giving rise to such relocation is of sufficient

benefit or value to the Office to justify such reimbursement.’’.

SEC. 6. INCREASED ANNUAL LEAVE FOR KEY EMPLOYEES.

Section 731 is amended by adding after subsection (f) (as added

by section 5 of this Act) the following:

‘‘(g) The Comptroller General shall prescribe regulations under

which key officers and employees of the Office who have less than

3 years of service may accrue leave in accordance with section

6303(a)(2) of title 5, in those circumstances in which the Comptroller

General has determined such increased annual leave is appropriate

for the recruitment or retention of such officers and employees.

Such regulations shall define key officers and employees and set

forth the factors in determining which officers and employees should

be allowed to accrue leave in accordance with this subsection.’’.

SEC. 7. EXECUTIVE EXCHANGE PROGRAM.

Section 731 is amended by adding after subsection (g) (as

added by section 6 of this Act) the following:

‘‘(h) The Comptroller General may by regulation establish an

executive exchange program under which officers and employees

of the Office may be assigned to private sector organizations, and

employees of private sector organizations may be assigned to the

Office, to further the institutional interests of the Office or Congress,

including for the purpose of providing training to officers and

Regulations.

Regulations.

118 STAT. 814 PUBLIC LAW 108–271—JULY 7, 2004

employees of the Office. Regulations to carry out any such

program—

‘‘(1) shall include provisions (consistent with sections 3702

through 3704 of title 5) as to matters concerning—

‘‘(A) the duration and termination of assignments;

‘‘(B) reimbursements; and

‘‘(C) status, entitlements, benefits, and obligations of

program participants;

‘‘(2) shall limit—

‘‘(A) the number of officers and employees who are

assigned to private sector organizations at any one time

to not more than 15; and

‘‘(B) the number of employees from private sector

organizations who are assigned to the Office at any one

time to not more than 30;

‘‘(3) shall require that an employee of a private sector

organization assigned to the Office may not have access to

any trade secrets or to any other nonpublic information which

is of commercial value to the private sector organization from

which such employee is assigned;

‘‘(4) shall require that, before approving the assignment

of an officer or employee to a private sector organization, the

Comptroller General shall determine that the assignment is

an effective use of the Office’s funds, taking into account the

best interests of the Office and the costs and benefits of alternative methods of achieving the same results and objectives;

and

‘‘(5) shall not allow any assignment under this subsection

to commence after the end of the 5-year period beginning on

the date of the enactment of this subsection.

‘‘(i) An employee of a private sector organization assigned to

the Office under the executive exchange program shall be considered

to be an employee of the Office for purposes of—

‘‘(1) chapter 73 of title 5;

‘‘(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,

643, 654, 1905, and 1913 of title 18;

‘‘(3) sections 1343, 1344, and 1349(b) of this title;

‘‘(4) chapter 171 of title 28 (commonly referred to as the

‘Federal Tort Claims Act’) and any other Federal tort liability

statute;

‘‘(5) the Ethics in Government Act of 1978 (5 U.S.C. App.);

‘‘(6) section 1043 of the Internal Revenue Code of 1986;

and

‘‘(7) section 27 of the Office of Federal Procurement Policy

Act (41 U.S.C. 423).’’.

SEC. 8. REDESIGNATION.

(a) IN GENERAL.—The General Accounting Office is hereby

redesignated the Government Accountability Office.

(b) REFERENCES.—Any reference to the General Accounting

Office in any law, rule, regulation, certificate, directive, instruction,

or other official paper in force on the date of enactment of this

Act shall be considered to refer and apply to the Government

Accountability Office.

SEC. 9. PERFORMANCE MANAGEMENT SYSTEM.

Paragraph (1) of section 732(d) is amended to read as follows:

Government

organization.

31 USC 702 note.

PUBLIC LAW 108–271—JULY 7, 2004 118 STAT. 815

‘‘(1) for a system to appraise the performance of officers

and employees of the General Accounting Office that meets

the requirements of section 4302 of title 5 and in addition

includes—

‘‘(A) a link between the performance management

system and the agency’s strategic plan;

‘‘(B) adequate training and retraining for supervisors,

managers, and employees in the implementation and operation of the performance management system;

‘‘(C) a process for ensuring ongoing performance feedback and dialogue between supervisors, managers, and

employees throughout the appraisal period and setting

timetables for review;

‘‘(D) effective transparency and accountability measures to ensure that the management of the system is

fair, credible, and equitable, including appropriate independent reasonableness, reviews, internal assessments, and

employee surveys; and

‘‘(E) a means to ensure that adequate agency resources

are allocated for the design, implementation, and administration of the performance management system;’’.

SEC. 10. CONSULTATION.

Before the implementation of any changes authorized under

this Act, the Comptroller General shall consult with any interested

groups or associations representing officers and employees of the

General Accounting Office.

SEC. 11. REPORTING REQUIREMENTS.

(a) ANNUAL REPORTS.—The Comptroller General shall include—

(1) in each report submitted to Congress under section

719(a) of title 31, United States Code, during the 5-year period

beginning on the date of enactment of this Act, a summary

review of all actions taken under sections 2, 3, 4, 6, 7, 9,

and 10 of this Act during the period covered by such report,

including—

(A) the respective numbers of officers and employees—

(i) separating from the service under section 2

of this Act;

(ii) receiving pay retention under section 4 of this

Act;

(iii) receiving increased annual leave under section

6 of this Act; and

(iv) engaging in the executive exchange program

under section 7 of this Act, as well as the number

of private sector employees participating in such program and a review of the general nature of the work

performed by the individuals participating in such program;

(B) a review of all actions taken to formulate the

appropriate methodologies to implement the pay adjustments provided for under section 3 of this Act, except

that nothing under this subparagraph shall be required

if no changes are made in any such methodology during

the period covered by such report; and

(C) an assessment of the role of sections 2, 3, 4, 6,

7, 9, and 10 of this Act in contributing to the General

31 USC 719 note.

31 USC 731 note.

118 STAT. 816 PUBLIC LAW 108–271—JULY 7, 2004

Accounting Office’s ability to carry out its mission, meet

its performance goals, and fulfill its strategic plan; and

(2) in each report submitted to Congress under such section

719(a) after the effective date of section 3 of this Act and

before the close of the 5-year period referred to in paragraph

(1)—

(A) a detailed description of the methodologies applied

under section 3 of this Act and the manner in which

such methodologies were applied to determine the appropriate annual pay adjustments for officers and employees

of the Office;

(B) the amount of the annual pay adjustments afforded

to officers and employees of the Office under section 3

of this Act; and

(C) a description of any extraordinary economic conditions or serious budget constraints which had a significant

impact on the determination of the annual pay adjustments

for officers and employees of the Office.

(b) FINAL REPORT.—Not later than 6 years after the date of

enactment of this Act, the Comptroller General shall submit to

Congress a report concerning the implementation of this Act. Such

report shall include—

(1) a summary of the information included in the annual

reports required under subsection (a);

(2) recommendations for any legislative changes to section

2, 3, 4, 6, 7, 9, or 10 of this Act; and

(3) any assessment furnished by the General Accounting

Office Personnel Appeals Board or any interested groups or

associations representing officers and employees of the Office

for inclusion in such report.

(c) ADDITIONAL REPORTING.—Notwithstanding any other provision of this section, the reporting requirement under subsection

(a)(2)(C) shall apply in the case any report submitted under section

719(a) of title 31, United States Code, whether during the 5-year

period beginning on the date of enactment of this Act (as required

by subsection (a)) or at any time thereafter.

SEC. 12. TECHNICAL AMENDMENT.

Section 732(h)(3)(A) is amended by striking ‘‘reduction force’’

and inserting ‘‘reduction in force’’.

SEC. 13. EFFECTIVE DATES.

(a) IN GENERAL.—Except as provided in subsection (b), this

Act and the amendments made by this Act shall take effect on

the date of enactment of this Act.

(b) PAY ADJUSTMENTS.— (1) IN GENERAL.—Section 3 of this Act and the amendments

made by that section shall take effect on October 1, 2005,

and shall apply in the case of any annual pay adjustment

taking effect on or after that date.

(2) INTERIM AUTHORITIES.—In connection with any pay

adjustment taking effect under section 732(c)(3) or 733(a)(3)(B)

of title 31, United States Code, before October 1, 2005, the

Comptroller General may by regulation—

(A) provide that such adjustment not be applied in

the case of any officer or employee whose performance

is not at a satisfactory level, as determined by the Comptroller General for purposes of such adjustment; and

31 USC 731 note.

Applicability.

Deadline.

PUBLIC LAW 108–271—JULY 7, 2004 118 STAT. 817

LEGISLATIVE HISTORY—H.R. 2751 (S. 1522):

HOUSE REPORTS: No. 108–380 (Comm. on Government Reform).

SENATE REPORTS: No. 108–216 accompanying S. 1522 (Comm. on Governmental

Affairs).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Feb. 25, considered and passed House.

June 24, considered and passed Senate.

Æ

(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’’.

Approved July 7, 2004.

Applicability.