[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.