[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2564 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2564

 To make certain reforms with respect to the Government Accountability 
                    Office, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2008

 Mr. Lieberman (for himself and Ms. Collins) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 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; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Government 
Accountability Office Act of 2008''.
    (b) Reference.--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. APPOINTMENT PROCESSES.

    Section 703 is amended--
            (1) by striking the term ``and Deputy Comptroller General 
        are'' and inserting ``is'' in subsection (a)(1),
            (2) by striking the first sentence in subsection (a)(2) and 
        inserting the following: ``A commission shall be established 12 
        months in advance of an upcoming vacancy in the office of 
        Comptroller General to recommend individuals to the President 
        for appointment to the office, except that if the vacancy is 
        unanticipated, the commission shall be established when the 
        vacancy occurs.'',
            (3) by inserting ``and'' at the end of subsection 
        (a)(2)(C),
            (4) by striking ``; and'' in subsection (a)(2)(D), 
        inserting a period, and striking all of subsection (a)(2)(E),
            (5) by redesignating subsections (b), (c), (d), (e), and 
        (f) as subsections (c), (d), (e), (f) and (g) and inserting a 
        new subsection (b) as follows:
    ``(b) The Comptroller General shall appoint the Deputy Comptroller 
General in consultation with those individuals listed in clauses (A), 
(B), (C) and (D) of this subsection and in so doing shall choose an 
individual solely on the basis of integrity and demonstrated ability 
related to the auditing, financial and management analysis, public 
administration, investigative and legal functions of the Office.'',
            (6) in subsection (c), as redesignated by this section, by 
        striking ``(e)'' and inserting ``(f)'',
            (7) in subsection (d), as redesignated by this section, by 
        renumbering subsections (1) and (2) as subsections (2) and (3) 
        and inserting a new subsection (1) as follows:
            ``(1) serves at the pleasure of the Comptroller General;'', 
        and
            (8) in subsection (f), as redesignated by this section, by 
        deleting the term ``or Deputy Comptroller General'' wherever it 
        appears and by deleting in subsection (1) the words ``(as the 
        case may be). Either'' and inserting ``and''.

SEC. 3. INSPECTOR GENERAL.

    (a) In General.--Title 31, United States Code, is amended by 
inserting after section 704 the following new section:
``Sec. 705. Inspector General for the United States Government 
              Accountability Office
    ``(a) Establishment of Office.--There is established an Office of 
the Inspector General in the United States Government Accountability 
Office, to--
            ``(1) conduct and supervise audits consistent with 
        generally accepted government auditing standards and 
        investigations relating to the United States Government 
        Accountability Office;
            ``(2) provide leadership and coordination and recommend 
        policies, to promote economy, efficiency, and effectiveness in 
        the United States 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 United States 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 the Congress.
    ``(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, is authorized--
            ``(1) to have access to all records, reports, audits, 
        reviews, documents, papers, recommendations, or other material 
        that relate to programs and operations of the United States 
        Government Accountability Office;
            ``(2) to make such investigations and reports relating to 
        the administration of the programs and operations of the United 
        States Government Accountability Office as are, in the judgment 
        of the Inspector General, necessary or desirable;
            ``(3) to 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, the Inspector General shall use the authority and 
        procedures provided in section 716 of this title to 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;
            ``(5) to 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 an 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) to 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) to 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) to provide copies of all reports to the United States 
        Government Accountability Office's Audit Advisory Committee and 
        to provide such additional information in connection with such 
        reports as is requested by the Committee.
    ``(d) Complaints by Employees.--
            ``(1) The Inspector General may receive, review, and 
        investigate, as the Inspector General deems appropriate, 
        complaints or information from an employee of the United States 
        Government Accountability Office concerning the possible 
        existence of an activity constituting a violation of law, 
        rules, or regulations, mismanagement, or gross waste of funds, 
        provided that the IG shall refer complaints or information 
        concerning violations of personnel law, rules, or regulations 
        to established investigative and adjudicative entities of the 
        United States 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, including a 
        description of significant problems, abuses, and deficiencies 
        disclosed by such report during the reporting period;
            ``(B) a description of the recommendations for corrective 
        action made with respect to significant problems, abuses, or 
        deficiencies identified in subparagraph (A);
            ``(C) a summary of the progress made in implementing such 
        corrective action identified in 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 the Congress within 60 days of 
receipt of such reports.
    ``(f) Independence in Carrying Out Duties and Responsibilities.--
The Comptroller General is not authorized to prevent or prohibit the 
Inspector General from carrying out any of the duties or 
responsibilities assigned to 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 the provisions of this section consistent with the 
        provisions of this title governing selections, appointments, 
        and employment in the United States 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, United States Code 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 procured by the 
        Inspector General, pursuant to this paragraph.
            ``(4) 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 with appropriate and adequate office 
space, together with such equipment, office supplies, and 
communications facilities and services as may be necessary for the 
operation of the Office of the Inspector General, and shall provide 
necessary maintenance services and the equipment and facilities located 
therein.
    ``(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 United States Government Accountability Office 
on ____, 2008, shall continue to serve in such position subject to the 
removal in accordance with this section.
    (c) Effective Date.--This section shall be effective upon enactment 
of this Act.
    (d) Clerical Amendment.--The table of contents of chapter 7, of 
title 31, United States Code, is amended by adding at the end of 
subchapter I the following:

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

SEC. 4. ADMINISTERING OATHS.

    Section 711 is amended--
            (1) by striking ``when auditing and settling accounts'' in 
        paragraph 4, and
            (2) by adding to the end of paragraph 4, as amended, ``upon 
        the specific approval only of the Comptroller General or the 
        Deputy Comptroller General.''

SEC. 5. COMPTROLLER GENERAL REPORTS.

    Section 719 is amended--
            (1) by striking ``and'' at the end of clause (B) in 
        subsection (b)(1),
            (2) by striking the period at the end of clause (C) in 
        subsection (b)(1) and inserting ``; and'',
            (3) by adding a new clause at the end of subsection (b)(1) 
        as follows:
                    ``(D) for Federal agencies subject to sections 901-
                903 of title 31 and other agencies designated by the 
                Comptroller General an assessment of their overall 
                degree of cooperation in making personnel available for 
                interview, providing written answers to questions, 
                submitting to an oath authorized by the Comptroller 
                General under section 711, granting access to records, 
                providing timely comments to draft reports, adopting 
                recommendations in reports and responded to such other 
                matters as the Comptroller General deems 
                appropriate.'',
            (4) by striking ``and'' at the end of clause (B) in 
        subsection (c)(2),
            (5) by striking the period at the end of subsection (c)(3) 
        and inserting ``; and'', and
            (6) by adding a new subsection at the end of section (c) as 
        follows:
            ``(4) as soon as practicable when an agency or other entity 
        does not, within a reasonable time of a request by the 
        Comptroller General, make personnel available for interview, 
        provide written answers to questions, or submit to an oath 
        authorized by the Comptroller General under section 711.''.

SEC. 6. REIMBURSEMENT OF AUDIT COSTS.

    Section 3521 is amended by inserting after subsection (h) the 
following new subsection:
    ``(i)(1) Any executive agency or component thereof that prepares an 
audited financial statement or any related schedules under section 3515 
shall reimburse the Government Accountability Office the cost of any 
audit of the financial statements or related schedules of such agency 
or component performed by the Comptroller General of the United States.
    ``(2) Reimbursements required by paragraph (1) shall be credited to 
the appropriation account `Salaries and Expenses, Government 
Accountability Office' current when the reimbursement is received and 
shall remain available until expended.''.

SEC. 7. CONFORMING AMENDMENT.

    Section 1401 of title I of Public Law No. 108-83 is repealed.

SEC. 8. FINANCIAL DISCLOSURE REQUIREMENTS.

    Section 109 of title 5, United States Code, Appendix 4, is 
amended--
            (1) by inserting ``except officers or employees of the 
        Government Accountability Office,'' at the beginning of 
        subparagraph (13)(B)(i),
            (2) by redesignating subparagraph (13)(B)(ii) as 
        (13)(B)(iii),
            (3) by striking ``and'' at the end of subparagraph 
        (13)(B)(i), and
            (4) by adding a new subparagraph after subparagraph 
        (13)(B)(i) as follows:
                            ``(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 authorized for General 
                        Schedule employees under section 5304 of this 
                        title for the area where the employee is 
                        located, 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. 9. ADDITIONAL AUTHORITIES.

    Section 731 is amended--
            (1) by deleting section (d),
            (2) by renumbering sections (e), (f), (g), (h), and (i), as 
        sections (d), (e), (f), (g), and (h),
            (3) by amending the new section (d) as follows:
                    (A) by deleting subparagraph (2) in its entirety,
                    (B) by deleting the dash at the end of the first 
                clause and the ``(1)'' that follows,
                    (C) by striking ``GS-18 under section 5332 of such 
                title'' and inserting ``level IV of the Executive 
                Schedule'',
                    (D) by striking ``15'' and inserting ``20'', and
                    (E) by striking ``; and'' and inserting a 
                ``period'', and
            (4) by adding new subsections (i) and (j) as follows:
    ``(i) Funds appropriated to the Government Accountability Office 
for salaries and expenses are available for meals, entertainment, and 
other related expenses incurred in connection with recruitment.
    ``(j) Consistent with regulations promulgated by the Comptroller 
General, the Government Accountability Office may accept, hold, 
administer, use, and dispose of any money or property, real, personal 
or mixed, tangible or intangible, received by the Office as a gift, 
devise, bequest, grant, or otherwise for the purpose of aiding or 
facilitating the work of the Office.''.

SEC. 10. HIGHEST BASIC PAY RATE.

    Section 732(c)(2) is amended by striking ``highest basic rate for 
GS-15'' and inserting ``rate for Executive Level III, provided 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, United States 
Code;''.

SEC. 11. PAY ADJUSTMENTS.

    Section 732(c) is amended--
            (1) in clause (2) by striking ``(4)'' and inserting 
        ``(5)'';
            (2) by redesignating clause (4) as clause (5); and
            (3) by inserting after subparagraph (3) the following:
            ``(4) whenever the rates of basic pay for the Executive 
        Schedule are increased, the Comptroller General may increase 
        the rate of basic pay for the positions in sections 703(g), 
        731(c), and 731(d) that are paid by reference to the Executive 
        Schedule. In determining whether to grant all or part of such 
        increase, the Comptroller General shall consider the funding 
        level for the Office and any other appropriate criteria. If the 
        Comptroller General increases the rate of basic pay for such 
        positions, the Comptroller General may delay the implementation 
        of such increases to become effective no later than the 
        effective date of increases under paragraph 3 of this 
        subsection;''.

SEC. 12. COMPTROLLER GENERAL'S ANNUITY.

    Section 777(b) is amended in the first sentence by striking ``of 
the Comptroller General'' and inserting ``for level II of the Executive 
Schedule''.

SEC. 13. PLACEMENT IN SENIOR EXECUTIVE SERVICE.

    (a) Section 732a(b) is amended by striking ``section 731(d), 
(e)(1), or (e)(2)'' and inserting ``section 731(d)''.
    (b) Section 733(c) is amended by striking ``731(c), (d), (e)(1), or 
(e)(2)'' and inserting ``703(g)(2), 731(c) or (d)''.

SEC. 14. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

    Section 2 of Public Law 106-303, as amended by section 2 of Public 
Law 108-271 (5 U.S.C. 5597 note) is amended--
            (1) by striking ``subsection (a)(2)(d)'' at the beginning 
        of (b)(1) and inserting ``subsections (a)(2)(D) and 
        (c)(2)(d)'',
            (2) by inserting ``and'' following the colon in subsection 
        (b)(4) and striking the colon at the end of subsection (b)(5) 
        and inserting a period,
            (3) by striking subsections (b)(6) and (b)(7),
            (4) by striking subsection (c),
            (5) by striking in subsection (d) the ``s'' in 
        ``Definitions'', all of subsection (1), and ``(2) Employee.--'' 
        in subsection (2) and by adding as part of subsection (d) the 
        remaining text of the section,
            (6) by striking the phrase ``, excluding subsection (c)'' 
        in subsection (f), and
            (7) by respectively redesignating subsections (d), (e), 
        (f), and (g) as subsections (c), (d), (e), and (f).

SEC. 15. BASIC PAY FOR RETIREMENT.

    Section 8331(3) of title 5, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (G),
            (2) by inserting ``and'' at the end of subparagraph (H),
            (3) by adding a new subparagraph as follows:
                    ``(I) the nonpermanent amount of a performance-
                based pay increase received by an officer or employee 
                of the Government Accountability Office provided that 
                such increase does not cause the officer's or 
                employee's salary to exceed the maximum salary in 
                section 732(c)(2);'', and
            (4) by striking ``(B) through (H)'' in the language 
        following new subparagraph (I), and inserting ``(B) through 
        (I)''.

SEC. 16. EFFECTIVE DATES.

    This Act and the amendments made by this Act shall take effect on 
the date of enactment of this Act, except that sections 6 and 7 and the 
amendments made by those sections shall take effect on October 1, 2009.
                                 <all>