[Congressional Record (Bound Edition), Volume 154 (2008), Part 13]
[Extensions of Remarks]
[Page 17947]
[From the U.S. Government Publishing Office, www.gpo.gov]




  INTRODUCTION OF THE LEGISLATIVE BRANCH PERSONNEL APPEALS PROCEDURAL 
                           CONSOLIDATION ACT

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                         Friday, August 1, 2008

  Ms. NORTON. Madam Speaker, today I am introducing the Legislative 
Branch Personnel Appeals Procedural Consolidation Act of 2008 to bring 
the GAO in line with other legislative branch agencies and to address 
an important issue of equal rights at Government Accountability Office, 
GAO, after extensive consultation with all concerned. Over the past 
year my office has worked closely with the Committee on Oversight and 
Government Reform to resolve serious employee wage and discrimination 
disputes at the GAO. African Americans, and older employees who have 
been disproportionately affected by these disputes and have complained 
that discrimination cases at GAO must be heard internally, the only 
grievance system where Federal employee charges of discrimination are 
processed and determined within a Federal agency without any 
independent review. This bill resolves this unique conflict of interest 
and due process issue that allows GAO to render the final 
administrative decisions on discrimination, labor and other issues 
against the GAO with the agency head appointing all the decisionmakers 
in the process and no review by any disinterested or third-party agency 
official.
  The wage disputes and complaints about the grievance system began 
when the GAO implemented dramatic and controversial pay-for-performance 
revisions to classify and pay its employees. The Comptroller General 
assured GAO employees that the annual COLAs that Congress votes for all 
federal employees would not be affected. However, many employees, 
including a disproportionate number of African Americans, did not 
receive their COLAs for FY06 and FY07, though all had ratings of 
``meets expectations'' or above.
  Consequently, GAO employees filed formal race and age discrimination 
complaints against the Comptroller General with the Personnel Appeals 
Board, PAB, which hears all such complaints. The PAB members are 
appointed by the Comptroller General to decide not only discrimination 
cases based on race, sex, age and religion, but also cases involving 
violations of labor, and of civil service or merit system rights. All 
other Federal and legislative branch employees carry employee 
complaints to independent agencies.
  It was the excellent work of Chairman Danny K. Davis and the Federal 
Workforce subcommittee, whose hearings uncovered the discriminatory 
effects of the pay system and negotiated back-COLA payments for all GAO 
employees. An independent assessment by the Ivy Group, hired by GAO 
after the watchdog organization, Blacks In Government, recommended a 
study of discrimination at the GAO, showed that there are many race-
based disparities in ratings, promotions and other employment practices 
between African American and Caucasian analysts at the GAO. For 
example, having a PhD has a statistically significant positive effect 
for Caucasian analysts, but has no effect for African American 
analysts, and Caucasian analysts receive a ratings benefit from being 
assigned to lead roles on projects, contrasted with African American 
analysts, who show no statistically significant effect of being 
assigned to such roles.
  This bill provides for independent review of complaints by 
transferring jurisdiction to the OOC, which handles such matters for 
all other legislative branch employees. The OOC represents the most 
recent bipartisan thinking and action of Congress concerning equal 
treatment for employees of the legislative branch. Because of the small 
case loads generated by legislative branch agencies, the OOC is able to 
handle the broadest enforcement mandate of any executive or legislative 
agency and currently enforces 12 different employee protection laws and 
is the only employee protection agency required by statute to 
continuously review new laws and incorporate them into its own 
jurisdiction.
  The bill does not assign responsibilities to an agency beyond its 
expertise and does not put additional responsibility on the 
congressional leadership to make appointments. The OOC has indicated 
the feasibility of its participation and offered evidence that the 
statute that established the OOC contemplates granting additional 
authority to the OOC of the kind we seek.
  I hope all my colleagues join me in assuring equal rights to GAO 
employees.

                          ____________________