[Congressional Record Volume 154, Number 94 (Monday, June 9, 2008)]
[House]
[Pages H5080-H5084]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1730
              GOVERNMENT ACCOUNTABILITY OFFICE ACT OF 2008

  Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5683) to make certain reforms with respect to the 
Government Accountability Office, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5683

       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

[[Page H5081]]

     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,

[[Page H5082]]

     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),''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Davis) and the gentleman from Indiana (Mr. Burton) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. DAVIS of Illinois. Now, Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, today is a triumphant day for the employees of the 
Government Accountability Office, known as GAO. When enacted, the 
Government Accountability Office Act of 2008 will allow GAO to regain 
its footing as an agency that not only touts that its employees are the 
best and the brightest but treats them as if they are the best and the 
brightest.
  On April 2, after a 2-year investigation and several subcommittee 
hearings, I introduced H.R. 5683, which would restore the 2006 and 2007 
annual across-the-board increase to GAO employees who met expectations 
but did not receive the adjustment.
  The legislation would also set a floor guarantee that would preserve 
GAO's performance-based compensation system, while ensuring that GAO 
employees receive an annual increase in their permanent pay, provided 
they meet expectations, that is at least equal to the congressionally 
approved across-the-board increase. The floor guarantee will be 
comprised of the annual adjustment to the GAO pay schedule, plus the 
permanent merit pay increase received by an employee under GAO's merit 
pay system.
  Other provisions in the bill include creating a statutory Inspector 
General for GAO, providing GAO with enhanced recruiting tools, and 
eliminating the statutorily imposed GS-15 pay cap to allow the 
Comptroller General the authority to pay employees up to the rate for 
Executive Level III.
  At a hearing the subcommittee held on March 23, 2008, on this 
legislation and GAO's personnel reforms, the subcommittee learned from 
the Ivy Planning Group, a consulting firm hired by GAO to conduct an 
African American Performance Assessment Study at GAO, that there are 
significant differences between the ratings for African American 
analysts and Caucasian analysts. Therefore, the personnel reform at GAO 
had a significant negative impact on African American staffers.
  Furthermore, a survey that was administered to GAO employees at my 
request found that 81 percent of respondents thought morale in general 
at GAO is worse or much worse than before the reforms, and a majority 
of the respondents felt that not having an across-the-

[[Page H5083]]

board increase for all staff is very or somewhat unreasonable. While 
the subcommittee recognizes that more work needs to be done at GAO, 
H.R. 5683 would help improve the morale and remedy the inequities that 
resulted from the denial of the 2006 and 2007 across-the-board pay 
adjustments.
  The bill before us, H.R. 5683 as amended, makes some technical 
changes to the bill as reported by the committee. Unfortunately, it 
also deletes a provision included at the request of Ranking Member Tom 
Davis due to concerns about the cost as reported by the Congressional 
Budget Office. The provision would have allowed GAO to include bonuses 
when calculating an employee's annuity, a position I support in 
principle and which we will hopefully be able to address as this bill 
moves forward in the legislative process.
  The bill, as amended, also deletes provisions which would have given 
GAO the ability to administer oaths, and guaranteed GAO's access to 
certain Medicare and FDA information. In addition, it modifies a 
provision which would allow GAO to recover the costs of financial 
statement audits it conducts for other agencies.
  And so, Mr. Speaker, I hope that my colleagues will join the 
Government Accountability Office and the International Federation of 
Professional and Technical Engineers and support this legislation.
  I reserve the balance of my time.
  Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. BURTON of Indiana asked and was given permission to revise and 
extend his remarks.)
  Mr. BURTON of Indiana. I think, Mr. Speaker, Danny Davis did a great 
job in explaining this piece of legislation; so I won't be redundant in 
going over the same details he just covered.
  I will say, last week this bill was scheduled for consideration, but 
it was pulled because of opposition to a number of contentious 
provisions added to the legislation such as the explicit authority for 
GAO to access Medicare part D pricing and rebate information and 
pharmaceutical trade secret information. Those provisions are not 
included in the bill today, and so there is no real problem with it.
  I congratulate Danny Davis on his presentation.
  Mr. Speaker, I rise today to speak on H.R. 5683, the Government 
Accountability Office Act of 2008.
  Last July, the Government Accountability Office submitted to Congress 
a legislative proposal to make a number of largely non-controversial 
changes to GAO's authorizing statutes.
  That proposal and the bill we are taking up today, for example, would 
make statutory GAO's inspector general, and it would authorize GAO to 
be reimbursed for conducting financial statement audits of Federal 
agencies.
  In addition, H.R. 5683 attempts to resolve a longstanding pay dispute 
between GAO and some of its employees. Hopefully, this bill will allow 
stakeholders to put the dispute to rest and move forward.
  Mr. Speaker, H.R. 5683 was originally scheduled for floor 
consideration last week but was pulled from the schedule because of 
opposition to a number of contentious provisions added to the 
legislation such as the explicit authority for GAO to access Medicare 
Part D pricing and rebate information and pharmaceutical trade secret 
information. These provisions are not included in the bill we are 
taking up today.
  In addition, there were a number of objections to the bill raised by 
the White House. It is my understanding these objections have been 
addressed in the version of H.R. 5683 before us today.
  I appreciate the majority's willingness to remove the contentious 
provisions so we can move forward with this bill, and I urge my 
colleagues' support.
  I yield back the balance of our time.
  Mr. DAVIS of Illinois. Mr. Speaker, to close, let me, first of all, 
thank the gentleman from Indiana, and also I'm pleased to note the 
level of sensitivity that exists within our committee, and when the 
other side came up with some issues and concerns, the committee was 
able to respond to those, and of course, the bill has, in fact, been 
altered. We're very pleased to know that we have their support.
  We also want to take this opportunity, Mr. Speaker, to express 
appreciation to staffs on both sides of the aisle who worked extremely 
hard on this legislation and helped us shape it to the point where we 
think it is going to do an effective job for the employees of the 
Government Accountability Office.
  Especially do I want to thank my staff director in the Subcommittee 
on the Federal Workforce and not only do we want to thank her, but we 
know that she's going to be leaving us for a little bit. And at the end 
of the week, she is going to spend a little bit of time at home and 
perhaps in the hospital, not very much, but delivering a new voter for 
the United States of America. And she tells me that in all likelihood 
it will be a Democrat, and so we congratulate her and her husband and 
wish them well, and thank her again for her tremendous work.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 5683, the Government Accountability Office Act of 2008, 
introduced by my distinguished colleague from Illinois, Representative 
Danny K. Davis. This important legislation will improve the oversight, 
administration, and pay adjustment mechanisms at the Government 
Accountability Office.
  As highlighted by Mr. Davis, the former Comptroller General 
emphasized that Federal agencies should have ``modern, effective, 
credible, and, as appropriate, validated performance management systems 
in place with adequate safeguards, including reasonable transparency 
and appropriate accountability mechanisms, to ensure fairness and 
prevent politicalization and abuse.'' I have been an outspoken advocate 
for improved inner governmental mechanisms that would allow for more 
fluid movement of information, equity, and the adherence to clear fair 
processes. H.R. 5683 is imperative to ensure that we as lawmakers are 
working responsibly to meet the needs of our constituents.
  Some of the safeguards recommended by the Government Accountability 
Office, GAO, include a performance management system that makes 
meaningful distinctions in individual employee performance; involves 
employees and stakeholders in designing the system; and achieves 
consistency, equity and nondiscrimination. Over the last 2 years, the 
Committee on Oversight and Government Reform has conducted oversight, 
and has also investigated the implementation of GAO's new personnel 
system to determine if it meets the aforesaid criteria. This 
investigation revealed that it did not meet the criteria. In addition, 
based on its investigation the committee concluded that, contrary to 
legislative intent, GAO employees who met and exceeded expectations in 
2006 and 2007, sadly, did not receive the annual across-the-board 
increase that other GAO employees received. This important legislation 
would restore the 2006 and 2007 annual across-the-board increase to GAO 
employees who met expectations but did not receive the adjustment. It 
would also put into place a ``floor guarantee'' that would preserve 
GAO's performance-based compensation system, while ensuring that GAO 
employees receive an annual increase in their permanent pay, provided 
they ``meet expectations,'' that is at least equal to the 
congressionally approved across-the-board increase.
  The floor guarantee will be comprised of the annual adjustment to the 
GAO pay schedule plus the permanent merit pay increase received by an 
employee under GAO's merit pay system. This bill also establishes an 
Office of the Inspector General in GAO, who shall report semiannually 
to the Comptroller General to ensure that GAO is operating on one 
accord and is putting forth its best effort in implementing H.R. 5683. 
While I recognize that there are additional improvements that need to 
be made, this legislation will help improve the morale at GAO and 
remedy the inequities that resulted from the denial of the 2006 
increase and the across-the-board adjustments.
  This legislation is imperative to change certain pay practices, 
compensate employees for certain past practices, and increase salary 
payments to some GAO employees. It would also increase the cap on 
employees pay. This bill will expand the types of pay that are included 
in retirement benefit calculations. H.R. 5683 contains no inter-
governmental or private sector mandated mandates as defined in the 
Unfunded Mandates Reform Act, UMRA, and would not affect the budgets of 
States, local or tribunal governments.
  I urge my colleagues to join me in supporting this important 
legislation.
  Mr. DAVIS of Illinois. We yield back the balance of our time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Davis) that the House suspend the rules 
and pass the bill, H.R. 5683, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.

[[Page H5084]]

  A motion to reconsider was laid on the table.

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