[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5683 Referred in Senate (RFS)]

  2d Session
                                H. R. 5683


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2008

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
 To make certain reforms with respect to the Government Accountability 
                    Office, 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; REFERENCES; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Government 
Accountability Office Act of 2008''.
    (b) References.--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.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; references; table of contents.
Sec. 2. Provisions relating to future annual pay adjustments.
Sec. 3. Pay adjustment relating to certain previous years.
Sec. 4.  Lump-sum payment for certain performance-based compensation.
Sec. 5. Inspector General.
Sec. 6. Reimbursement of audit costs.
Sec. 7. Financial disclosure requirements.
Sec. 8. Highest basic pay rate.
Sec. 9. Additional authorities.

SEC. 2. PROVISIONS RELATING TO FUTURE ANNUAL PAY ADJUSTMENTS.

    (a) In General.--Section 732 is amended by adding at the end the 
following:
    ``(j)(1) For purposes of this subsection--
            ``(A) the term `pay increase', as used with respect to an 
        officer or employee in connection with a year, means the total 
        increase in the rate of basic pay (expressed as a percentage) 
        of such officer or employee, taking effect under section 731(b) 
        and subsection (c)(3) in such year;
            ``(B) the term `required minimum percentage', as used with 
        respect to an officer or employee in connection with a year, 
        means the percentage equal to the total increase in rates of 
        basic pay (expressed as a percentage) taking effect under 
        sections 5303 and 5304-5304a of title 5 in such year with 
        respect to General Schedule positions within the pay locality 
        (as defined by section 5302(5) of title 5) in which the 
        position of such officer or employee is located;
            ``(C) the term `covered officer or employee', as used with 
        respect to a pay increase, means any individual--
                    ``(i) who is an officer or employee of the 
                Government Accountability Office, other than an officer 
                or employee described in subparagraph (A), (B), or (C) 
                of section 4(c)(1) of the Government Accountability 
                Office Act of 2008, determined as of the effective date 
                of such pay increase; and
                    ``(ii) whose performance is at least at a 
                satisfactory level, as determined by the Comptroller 
                General under the provisions of subsection (c)(3) for 
                purposes of the adjustment taking effect under such 
                provisions in such year; and
            ``(D) the term `nonpermanent merit pay' means any amount 
        payable under section 731(b) which does not constitute basic 
        pay.
    ``(2)(A) Notwithstanding any other provision of this chapter, if 
(disregarding this subsection) the pay increase that would otherwise 
take effect with respect to a covered officer or employee in a year 
would be less than the required minimum percentage for such officer or 
employee in such year, the Comptroller General shall provide for a 
further increase in the rate of basic pay of such officer or employee.
    ``(B) The further increase under this subsection--
            ``(i) shall be equal to the amount necessary to make up for 
        the shortfall described in subparagraph (A); and
            ``(ii) shall take effect as of the same date as the pay 
        increase otherwise taking effect in such year.
    ``(C) Nothing in this paragraph shall be considered to permit or 
require that a rate of basic pay be increased to an amount inconsistent 
with the limitation set forth in subsection (c)(2).
    ``(D) If (disregarding this subsection) the covered officer or 
employee would also have received any nonpermanent merit pay in such 
year, such nonpermanent merit pay shall be decreased by an amount equal 
to the portion of such officer's or employee's basic pay for such year 
which is attributable to the further increase described in subparagraph 
(A) (as determined by the Comptroller General), but to not less than 
zero.
    ``(3) Notwithstanding any other provision of this chapter, the 
effective date of any pay increase (within the meaning of paragraph 
(1)(A)) taking effect with respect to a covered officer or employee in 
any year shall be the same as the effective date of any adjustment 
taking effect under section 5303 of title 5 with respect to statutory 
pay systems (as defined by section 5302(1) of title 5) in such year.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to any pay increase (as defined by such amendment) taking 
effect on or after the date of the enactment of this Act.

SEC. 3. PAY ADJUSTMENT RELATING TO CERTAIN PREVIOUS YEARS.

    (a) Applicability.--This section applies in the case of any 
individual who, as of the date of the enactment of this Act, is an 
officer or employee of the Government Accountability Office, 
excluding--
            (1) an officer or employee described in subparagraph (A), 
        (B), or (C) of section 4(c)(1); and
            (2) an officer or employee who received both a 2.6 percent 
        pay increase in January 2006 and a 2.4 percent pay increase in 
        February 2007.
    (b) Pay Increase Defined.--For purposes of this section, the term 
``pay increase'', as used with respect to an officer or employee in 
connection with a year, means the total increase in the rate of basic 
pay (expressed as a percentage) of such officer or employee, taking 
effect under sections 731(b) and 732(c)(3) of title 31, United States 
Code, in such year.
    (c) Prospective Effect.--Effective with respect to pay for service 
performed in any pay period beginning after the end of the 6-month 
period beginning on the date of the enactment of this Act (or such 
earlier date as the Comptroller General may specify), the rate of basic 
pay for each individual to whom this section applies shall be 
determined as if such individual had received both a 2.6 percent pay 
increase for 2006 and a 2.4 percent pay increase for 2007, subject to 
subsection (e).
    (d) Lump-Sum Payment.--Not later than 6 months after the date of 
the enactment of this Act, the Comptroller General shall, subject to 
the availability of appropriations, pay to each individual to whom this 
section applies a lump-sum payment. Subject to subsection (e), such 
lump-sum payment shall be equal to--
            (1) the total amount of basic pay that would have been paid 
        to the individual, for service performed during the period 
        beginning on the effective date of the pay increase for 2006 
        and ending on the day before the effective date of the pay 
        adjustment under subsection (c) (or, if earlier, the date on 
        which the individual retires or otherwise ceases to be employed 
        by the Government Accountability Office), if such individual 
        had received both a 2.6 percent pay increase for 2006 and a 2.4 
        percent pay increase for 2007, minus
            (2) the total amount of basic pay that was in fact paid to 
        the individual for service performed during the period 
        described in paragraph (1).
Eligibility for a lump-sum payment under this subsection shall be 
determined solely on the basis of whether an individual satisfies the 
requirements of subsection (a) (to be considered an individual to whom 
this section applies), and without regard to such individual's 
employment status as of any date following the date of the enactment of 
this Act or any other factor.
    (e) Conditions.--Nothing in subsection (c) or (d) shall be 
considered to permit or require--
            (1) the payment of any rate (or lump-sum amount based on a 
        rate) for any pay period, to the extent that such rate would be 
        (or would have been) inconsistent with the limitation that 
        applies (or that applied) with respect to such pay period under 
        section 732(c)(2) of title 31, United States Code; or
            (2) the payment of any rate or amount based on the pay 
        increase for 2006 or 2007 (as the case may be), if--
                    (A) the performance of the officer or employee 
                involved was not at a satisfactory level, as determined 
                by the Comptroller General under paragraph (3) of 
                section 732(c) of such title 31 for purposes of the 
                adjustment under such paragraph for that year; or
                    (B) the individual involved was not an officer or 
                employee of the Government Accountability Office on the 
                date as of which that increase took effect.
As used in paragraph (2)(A), the term ``satisfactory'' includes a 
rating of ``meets expectations'' (within the meaning of the performance 
appraisal system used for purposes of the adjustment under section 
732(c)(3) of such title 31 for the year involved).
    (f) Retirement.--
            (1) In general.--The lump-sum payment paid under subsection 
        (d) to an officer or employee shall, for purposes of any 
        determination of the average pay (as defined by section 8331 or 
        8401 of title 5, United States Code) which is used to compute 
        an annuity under subchapter III of chapter 83 or chapter 84 of 
        such title--
                    (A) be treated as basic pay (as defined by section 
                8331 or 8401 of such title); and
                    (B) be allocated to the biweekly pay periods 
                covered by subsection (d).
            (2) Contributions.--Notwithstanding section 8334, 8422, 
        8423, or any other provision of title 5, United States Code, no 
        employee or agency contribution shall be required for purposes 
        of this subsection.
    (g) Exclusive Remedy.--This section constitutes the exclusive 
remedy that any individuals to whom this section applies (as described 
in subsection (a)) have for any claim that they are owed any monies 
denied to them in the form of a pay increase for 2006 or 2007 under 
section 732(c)(3) of title 31, United States Code, or any other law. 
Notwithstanding any other provision of law, no court or administrative 
body, including the Government Accountability Office Personnel Appeals 
Board, shall have jurisdiction to entertain any civil action or other 
civil proceeding based on the claim of such individuals that they were 
due money in the form of a pay increase for 2006 or 2007 pursuant to 
such section 732(c)(3) or any other law.

SEC. 4. LUMP-SUM PAYMENT FOR CERTAIN PERFORMANCE-BASED COMPENSATION.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General shall, subject to the 
availability of appropriations, pay to each qualified individual a 
lump-sum payment equal to the amount of performance-based compensation 
such individual was denied for 2006, as determined under subsection 
(b).
    (b) Amount.--The amount payable to a qualified individual under 
this section shall be equal to--
            (1) the total amount of performance-based compensation such 
        individual would have earned for 2006 (determined by applying 
        the Government Accountability Office's performance-based 
        compensation system under GAO Orders 2540.3 and 2540.4, as in 
        effect in 2006) if such individual had not had a salary equal 
        to or greater than the maximum for such individual's band (as 
        further described in subsection (c)(2)), less
            (2) the total amount of performance-based compensation such 
        individual was in fact granted, in January 2006, for that year.
    (c) Qualified Individual.--For purposes of this section, the term 
``qualified individual'' means an individual who--
            (1) as of the date of the enactment of this Act, is an 
        officer or employee of the Government Accountability Office, 
        excluding--
                    (A) an individual holding a position subject to 
                section 732a or 733 of title 31, United States Code 
                (disregarding section 732a(b) and 733(c) of such 
                title);
                    (B) a Federal Wage System employee; and
                    (C) an individual participating in a development 
                program under which such individual receives 
                performance appraisals, and is eligible to receive 
                permanent merit pay increases, more than once a year; 
                and
            (2) as of January 22, 2006, was a Band I staff member with 
        a salary above the Band I cap, a Band IIA staff member with a 
        salary above the Band IIA cap, or an administrative 
        professional or support staff member with a salary above the 
        cap for that individual's pay band (determined in accordance 
        with the orders cited in subsection (b)(1)).
    (d) Exclusive Remedy.--This section constitutes the exclusive 
remedy that any officers and employees (as described in subsection (c)) 
have for any claim that they are owed any monies denied to them in the 
form of merit pay for 2006 under section 731(b) of title 31, United 
States Code, or any other law. Notwithstanding any other provision of 
law, no court or administrative body in the United States, including 
the Government Accountability Office Personnel Appeals Board, shall 
have jurisdiction to entertain any civil action or other civil 
proceeding based on the claim of such officers or employees that they 
were due money in the form of merit pay for 2006 pursuant to such 
section 731(b) or any other law.
    (e) Definitions.--For purposes of this section--
            (1) the term ``performance-based compensation'' has the 
        meaning given such term under the Government Accountability 
        Office's performance-based compensation system under GAO Orders 
        2540.3 and 2540.4, as in effect in 2006; and
            (2) the term ``permanent merit pay increase'' means an 
        increase under section 731(b) of title 31, United States Code, 
        in a rate of basic pay.

SEC. 5. INSPECTOR GENERAL.

    (a) In General.--Subchapter I of chapter 7 is amended by adding at 
the end the following:
``Sec. 705. Inspector General for the Government Accountability Office
    ``(a) Establishment of Office.--There is established an Office of 
the Inspector General in the Government Accountability Office, to--
            ``(1) conduct and supervise audits consistent with 
        generally accepted government auditing standards and 
        investigations relating to the Government Accountability 
        Office;
            ``(2) provide leadership and coordination and recommend 
        policies, to promote economy, efficiency, and effectiveness in 
        the Government Accountability Office; and
            ``(3) keep the Comptroller General and Congress fully and 
        currently informed concerning fraud and other serious problems, 
        abuses, and deficiencies relating to the administration of 
        programs and operations of the Government Accountability 
        Office.
    ``(b) Appointment, Supervision, and Removal.--
            ``(1) The Office of the Inspector General shall be headed 
        by an Inspector General, who shall be appointed by the 
        Comptroller General without regard to political affiliation and 
        solely on the basis of integrity and demonstrated ability in 
        accounting, auditing, financial analysis, law, management 
        analysis, public administration, or investigations. The 
        Inspector General shall report to, and be under the general 
        supervision of, the Comptroller General.
            ``(2) The Inspector General may be removed from office by 
        the Comptroller General. The Comptroller General shall, 
        promptly upon such removal, communicate in writing the reasons 
        for any such removal to each House of Congress.
            ``(3) The Inspector General shall be paid at an annual rate 
        of pay equal to $5,000 less than the annual rate of pay of the 
        Comptroller General, and may not receive any cash award or 
        bonus, including any award under chapter 45 of title 5.
    ``(c) Authority of Inspector General.--In addition to the authority 
otherwise provided by this section, the Inspector General, in carrying 
out the provisions of this section, may--
            ``(1) have access to all records, reports, audits, reviews, 
        documents, papers, recommendations, or other material that 
        relate to programs and operations of the Government 
        Accountability Office;
            ``(2) make such investigations and reports relating to the 
        administration of the programs and operations of the Government 
        Accountability Office as are, in the judgment of the Inspector 
        General, necessary or desirable;
            ``(3) request such documents and information as may be 
        necessary for carrying out the duties and responsibilities 
        provided by this section from any Federal agency;
            ``(4) in the performance of the functions assigned by this 
        section, obtain all information, documents, reports, answers, 
        records, accounts, papers, and other data and documentary 
        evidence from a person not in the United States Government or 
        from a Federal agency, to the same extent and in the same 
        manner as the Comptroller General under the authority and 
        procedures available to the Comptroller General in section 716 
        of this title;
            ``(5) administer to or take from any person an oath, 
        affirmation, or affidavit, whenever necessary in the 
        performance of the functions assigned by this section, which 
        oath, affirmation, or affidavit when administered or taken by 
        or before an employee of the Office of Inspector General 
        designated by the Inspector General shall have the same force 
        and effect as if administered or taken by or before an officer 
        having a seal;
            ``(6) have direct and prompt access to the Comptroller 
        General when necessary for any purpose pertaining to the 
        performance of functions and responsibilities under this 
        section;
            ``(7) report expeditiously to the Attorney General whenever 
        the Inspector General has reasonable grounds to believe there 
        has been a violation of Federal criminal law; and
            ``(8) provide copies of all reports to the Audit Advisory 
        Committee of the Government Accountability Office and provide 
        such additional information in connection with such reports as 
        is requested by the Committee.
    ``(d) Complaints by Employees.--
            ``(1) The Inspector General--
                    ``(A) subject to subparagraph (B), may receive, 
                review, and investigate, as the Inspector General 
                considers appropriate, complaints or information from 
                an employee of the Government Accountability Office 
                concerning the possible existence of an activity 
                constituting a violation of any law, rule, or 
                regulation, mismanagement, or a gross waste of funds; 
                and
                    ``(B) shall refer complaints or information 
                concerning violations of personnel law, rules, or 
                regulations to established investigative and 
                adjudicative entities of the Government Accountability 
                Office.
            ``(2) The Inspector General shall not, after receipt of a 
        complaint or information from an employee, disclose the 
        identity of the employee without the consent of the employee, 
        unless the Inspector General determines such disclosure is 
        unavoidable during the course of the investigation.
            ``(3) Any employee who has authority to take, direct others 
        to take, recommend, or approve any personnel action, shall not, 
        with respect to such authority, take or threaten to take any 
        action against any employee as a reprisal for making a 
        complaint or disclosing information to the Inspector General, 
        unless the complaint was made or the information disclosed with 
        the knowledge that it was false or with willful disregard for 
        its truth or falsity.
    ``(e) Semiannual Reports.--(1) The Inspector General shall submit 
semiannual reports summarizing the activities of the Office of the 
Inspector General to the Comptroller General. Such reports shall 
include, but need not be limited to--
            ``(A) a summary of each significant report made during the 
        reporting period, including a description of significant 
        problems, abuses, and deficiencies disclosed by such report;
            ``(B) a description of the recommendations for corrective 
        action made with respect to significant problems, abuses, or 
        deficiencies described pursuant to subparagraph (A);
            ``(C) a summary of the progress made in implementing such 
        corrective action described pursuant to subparagraph (B); and
            ``(D) information concerning any disagreement the 
        Comptroller General has with a recommendation of the Inspector 
        General.
    ``(2) The Comptroller General shall transmit the semiannual reports 
of the Inspector General, together with any comments the Comptroller 
General considers appropriate, to Congress within 30 days after receipt 
of such reports.
    ``(f) Independence in Carrying Out Duties and Responsibilities.--
The Comptroller General may not prevent or prohibit the Inspector 
General from carrying out any of the duties or responsibilities of the 
Inspector General under this section.
    ``(g) Authority for Staff.--
            ``(1) In general.--The Inspector General shall select, 
        appoint, and employ such personnel as may be necessary to carry 
        out this section consistent with the provisions of this title 
        governing selections, appointments, and employment in the 
        Government Accountability Office. Such personnel shall be 
        appointed, promoted, and assigned only on the basis of merit 
        and fitness, but without regard to those provisions of title 5 
        governing appointments and other personnel actions in the 
        competitive service, except that no personnel of the Office may 
        be paid at an annual rate greater than $1,000 less than the 
        annual rate of pay of the Inspector General.
            ``(2) Experts and consultants.--The Inspector General may 
        procure temporary and intermittent services under section 3109 
        of title 5 at rates not to exceed the daily equivalent of the 
        annual rate of basic pay for level V of the Executive Schedule 
        under section 5315 of such title.
            ``(3) Independence in appointing staff.--No individual may 
        carry out any of the duties or responsibilities of the Office 
        of the Inspector General unless the individual is appointed by 
        the Inspector General, or provides services obtained by the 
        Inspector General, pursuant to this paragraph.
            ``(4) Limitation on program responsibilities.--The 
        Inspector General and any individual carrying out any of the 
        duties or responsibilities of the Office of the Inspector 
        General are prohibited from performing any program 
        responsibilities.
    ``(h) Office Space.--The Comptroller General shall provide the 
Office of the Inspector General--
            ``(1) appropriate and adequate office space;
            ``(2) such equipment, office supplies, and communications 
        facilities and services as may be necessary for the operation 
        of the Office of the Inspector General;
            ``(3) necessary maintenance services for such office space, 
        equipment, office supplies, and communications facilities; and
            ``(4) equipment and facilities located in such office 
        space.
    ``(i) Definition.--As used in this section, the term `Federal 
agency' means a department, agency, instrumentality, or unit thereof, 
of the Federal Government.''.
    (b) Incumbent.--The individual who serves in the position of 
Inspector General of the Government Accountability Office on the date 
of the enactment of this Act shall continue to serve in such position 
subject to removal in accordance with the amendments made by this 
section.
    (c) Clerical Amendment.--The table of sections for chapter 7 is 
amended by inserting after the item relating to section 704 the 
following:

``705. Inspector General for the Government Accountability Office.''.

SEC. 6. REIMBURSEMENT OF AUDIT COSTS.

    (a) In General.--Section 3521 is amended by adding at the end the 
following:
    ``(i)(1) If the Government Accountability Office audits any 
financial statement or related schedule which is prepared under section 
3515 by an executive agency (or component thereof) for a fiscal year 
beginning on or after October 1, 2009, such executive agency (or 
component) shall reimburse the Government Accountability Office for the 
cost of such audit if--
            ``(A) the statement or schedule audited is that of an 
        executive agency (or component) which submitted a financial 
        statement or related schedule under section 3515 for fiscal 
        year 2007 which was audited by the Government Accountability 
        Office; or
            ``(B) the reason for the audit (described in the matter 
        before subparagraph (A)) is because of the Comptroller 
        General's determination of materiality to the statements 
        required under section 331(e).
    ``(2) Any executive agency (or component thereof) that prepares a 
financial statement under section 3515 for a fiscal year beginning on 
or after October 1, 2009, and that requests the Government 
Accountability Office to audit such statement or any related schedule 
may reimburse the Government Accountability Office for the cost of such 
audit.
    ``(3) Any reimbursement under paragraph (1) or (2) shall be 
deposited to a special account in the Treasury and shall be available 
to the Government Accountability Office for such purposes and in such 
amounts as are specified in annual appropriations Acts.''.
    (b) Conforming Amendment.--Section 1401 of title I of Public Law 
108-83 (31 U.S.C. 3523 note) is repealed, effective October 1, 2010.

SEC. 7. FINANCIAL DISCLOSURE REQUIREMENTS.

    Section 109(13)(B) of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) in clause (i), by inserting ``(except any officer or 
        employee of the Government Accountability Office)'' after 
        ``legislative branch'', and by striking ``and'' at the end;
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following:
                    ``(ii) each officer or employee of the Government 
                Accountability Office who, for at least 60 consecutive 
                days, occupies a position for which the rate of basic 
                pay, minus the amount of locality pay that would have 
                been authorized under section 5304 of title 5, United 
                States Code (had the officer or employee been paid 
                under the General Schedule) for the locality within 
                which the position of such officer or employee is 
                located (as determined by the Comptroller General), is 
                equal to or greater than 120 percent of the minimum 
                rate of basic pay payable for GS-15 of the General 
                Schedule; and''.

SEC. 8. HIGHEST BASIC PAY RATE.

    Section 732(c)(2) is amended by striking ``highest basic rate for 
GS-15;'' and inserting ``rate for level III of the Executive Level, 
except that the total amount of cash compensation in any year shall be 
subject to the limitations provided under section 5307(a)(1) of title 
5;''.

SEC. 9. ADDITIONAL AUTHORITIES.

    (a) In General.--Section 731 is amended--
            (1) by repealing subsection (d);
            (2) in subsection (e)--
                    (A) in the matter before paragraph (1), by striking 
                ``maximum daily rate for GS-18 under section 5332 of 
                such title'' and inserting ``daily rate for level IV of 
                the Executive Schedule''; and
                    (B) by striking ``more than--'' and all that 
                follows and inserting the following: ``more than 20 
                experts and consultants may be procured for terms of 
                not more than 3 years, but which shall be renewable.''; 
                and
            (3) by adding at the end the following:
    ``(j) Funds appropriated to the Government Accountability Office 
for salaries and expenses are available for meals and other related 
reasonable expenses incurred in connection with recruitment.''.
    (b) Conforming Amendments.--(1) Section 732a(b) is amended by 
striking ``section 731(d), (e)(1), or (e)(2)'' and inserting 
``paragraph (1) or (2) of section 731(e)''.
    (2) Section 733(c) is amended by striking ``(d),''.
    (3) Section 735(a) is amended by striking ``731(c)-(e),'' and 
inserting ``731(c) and (e),''.

            Passed the House of Representatives June 9, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.