[Senate Report 118-88]
[From the U.S. Government Publishing Office]
Calendar No. 191
118th Congress} { Report
SENATE
1st Session } { 118-88
======================================================================
GAO INSPECTOR GENERAL PARITY
ACT OF 2023
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 1510
TO AMEND PROVISIONS RELATING TO THE OFFICE OF THE
INSPECTOR GENERAL OF THE GOVERNMENT ACCOUNTABILITY
OFFICE, AND FOR OTHER PROGRAMS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 22, 2023.--Ordered to be printed
Filed, under authority of the order of the Senate of July 27, 2023
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2023
-----------------------------------------------------------------------------------
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
ALEX PADILLA, California RICK SCOTT, Florida
JON OSSOFF, Georgia JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Lena C. Chang, Director of Governmental Affairs
Emily I. Manna, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 191
118th Congress} { Report
SENATE
1st Session } { 118-88
======================================================================
GAO INSPECTOR GENERAL PARITY
ACT OF 2023
_______
August 22, 2023.--Ordered to be printed
Filed, under authority of the order of the Senate of July 27, 2023
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1510]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1510) to amend
provisions relating to the Office of the Inspector General of
the Government Accountability Office, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
IV. Section-by-Section Analysis of the Bill, as Reported.............3
V. Evaluation of Regulatory Impact..................................3
VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............4
I. Purpose and Summary
S. 1510, the GAO Inspector General Parity Act, amends
chapter 7 of title 31, United States Code and would provide the
Government Accountability Office (GAO) Inspector General (IG)
the same protections granted to other federal IGs in recent
reforms, including requiring a written notification to Congress
before removing the IG, codifying pass-through budgeting for
the IG, requiring that the Office of the Inspector General
(OIG) have its own counsel, and eliminating GAO OIG pay-caps.
II. Background and the Need for Legislation
The GAO IG is governed by chapter 7 of title 31, United
States Code and, as a result it has not benefited from the
reforms Congress passed for other IGs. The lack of these
protections gives the appearance that the GAO IG is less
independent than other federal IGs--which could affect
perceptions of the quality of the IG's oversight--although
Congress is unaware of any challenge to GAO IG's independence
in practice. S. 1510 makes several changes to give the GAO IG
the same independence protections granted to other IGs in the
executive and legislative branches. For example, the Inspector
General Reform Act of 2008 required that OIGs rely on their own
independent counsel or the counsel of another OIG for legal
advice, rather than the counsel of the agency or another
executive branch entity.\1\ This law impacted only those IGs
governed by the Inspector General Act of 1978 (IG Act), which
does not govern the GAO IG.\2\ This bill would impose the same
requirement on the GAO IG.
---------------------------------------------------------------------------
\1\The Inspector General Reform Act of 2008, Pub. L. No. 110-409.
\2\The Inspector General Act of 1978, Pub. L. No. 95-452.
---------------------------------------------------------------------------
The James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 also made reforms to the IG Act, including
strengthening a congressional notification requirement prior to
an IG being removed from office.\3\ S. 1510 would create the
same requirement in the event the Comptroller General (CG)
removes the GAO IG from office.
---------------------------------------------------------------------------
\3\The James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, Pub. L. No. 117-263.
---------------------------------------------------------------------------
Other legislative branch agencies, including the Library of
Congress, Architect of the Capitol, and Government Publishing
Office, were required by the Further Consolidated
Appropriations Act, 2020 to pass-through their respective IG's
budget requests without change.\4\ This bill would require the
same of GAO for the GAO IG budget.
---------------------------------------------------------------------------
\4\Further Consolidated Appropriations Act, 2020, Pub. L. No. 116-
94.
---------------------------------------------------------------------------
Finally, section 705 of title 31, United States Code ties
GAO IG pay to the pay rate of the CG, and ties IG staff pay to
that of the IG. Because the CG is subject to a pay freeze that
has been in place since 2014, the GAO IG and senior OIG staff
have also had their pay frozen since that time.\5\ S. 1510
would eliminate this pay link, instead setting IG and OIG staff
pay at levels consistent with staff pay rates across the
federal government.
---------------------------------------------------------------------------
\5\Stephanie Drew, Congress upholds pay freeze for political
appointees, vice president through end of 2022, Federal News Network
(Apr. 19, 2022) (federalnewsnetwork.com/pay/2022/04/congress-upholds-
pay-freeze-for-political-appointees-vice-president-through-end-of-2022/
).
---------------------------------------------------------------------------
III. Legislative History
Senator Mike Braun (R-IN) introduced S. 1510, the GAO
Inspector General Parity Act, on May 10, 2023, with original
cosponsor Senator Gary Peters (D-MI). The bill was referred to
the Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 1510 at a business meeting on
May 17, 2023. At the business meeting, the bill was ordered
reported favorably by roll call vote of 9 yeas to 1 nay, with
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff,
Blumenthal, Lankford, and Romney voting in the affirmative, and
Senator Paul voting in the negative. Senators Carper, Johnson,
Scott, Hawley, and Marshall voted yea by proxy, for the record
only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``GAO Inspector General Parity Act.''
Section 2. Office of the Inspector General of the Government
Accountability Office
This section amends section 705 of title 31, United States
Code by requiring that the Comptroller General (CG) provide to
Congress a written, substantive rationale before removing the
GAO IG from office or placing the IG on non-duty status, which
shall include information about any open or completed inquiry
into the IG relating to the change in status. It also
stipulates that only the CG may remove the IG from office, and
prohibits the CG from placing the IG on non-duty status in the
30 days prior to removal except for certain circumstances.
This section also amends section 705 of title 31, United
States Code by: (1) eliminating the link between the pay of the
IG and the CG and instead stipulating that the IG shall be paid
no less than the average pay rate of other senior GAO
employees; (2) requiring that the OIG budget request be
included in the GAO budget request without change by the CG;
(3) eliminating the requirement that OIG staff pay be no
greater than $1,000 less than the IG's salary; and (4)
requiring that the IG obtain legal advice from a counsel
reporting directly to the GAO IG or another IG.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S.1510 would codify rules governing the removal of the
Inspector General (IG) of the Government Accountability Office
(GAO). The bill also would require the Comptroller General to
report to the Congress prior to removing, transferring, or
placing the IG on non-duty status and to provide a substantive
rational for the decision. In addition, the bill would modify
restrictions on pay for certain GAO staff. Using information
from the agency, CBO expects that this change could increase
pay for a small number of people.
CBO estimates that implementing the bill would increase
GAO's administrative and operating expenses by an insignificant
amount over the 2023-2028 period. Any spending would be subject
to the availability of appropriated funds.
The CBO staff contact for this estimate is Kelly Durand.
The estimate was reviewed by Emily Stern, Senior Adviser for
Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 31--MONEY AND FINANCE
* * * * * * *
Subtitle I--General
* * * * * * *
CHAPTER 7--GOVERNMENT ACCOUNTABILITY OFFICE
* * * * * * *
Subchapter I--Definitions and General Organization
* * * * * * *
SEC. 705. INSPECTOR GENERAL FOR THE GOVERNMENT ACCOUNTABILITY OFFICE
(a) * * *
(b) * * *
(1) * * *
(2)(A) 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.]
(B) If the Inspector General is removed from office
or is transferred to another position or location
within the Government Accountability Office, the
Comptroller General shall communicate in writing the
substantive rationale, including detailed and case-
specific reasons, for any such removal or transfer to
both Houses of Congress (including to the appropriate
congressional committees), not later than 30 days
before the removal or transfer.
(C) If there is an open or completed inquiry into the
Inspector General that relates to the removal or
transfer of the Inspector General under subparagraph
(A), the written communication required under
subparagraph (B) shall--
(i) identify each entity that is conducting,
or that conducted, the inquiry; and
(ii) in the case of a completed inquiry,
contain the findings made during the inquiry.
(D) Nothing in this paragraph shall prohibit a
personnel action otherwise authorized by law, other
than transfer or removal.
(3)(A) Subject to the other provisions of this
paragraph, only the Comptroller General may place the
Inspector General on non-duty status.
(B) If the Comptroller General places the Inspector
General on non-duty status, the Comptroller General
shall communicate in writing the substantive rationale,
including detailed and case-specific reasons, for the
change in status to both Houses of Congress (including
to the appropriate congressional committees) not later
than 15 days before the date on which the change in
status takes effect, except that the Comptroller
General may submit that communication not later than
the date on which the change in status takes effect
if--
(i) the Comptroller General has made a
determination that the continued presence of
the Inspector General in the workplace poses a
specific threat; and
(ii) in the communication, the Comptroller
General includes a report on the determination
described in clause (i), which shall include--
(I) the substantive rationale,
including detailed and case-specific
reasons, for the determination made
under clause (i);
(II) an identification of each entity
that is conducting, or that conducted,
any inquiry upon which the
determination under clause (i) was
made; and
(III) in the case of an inquiry
described in subclause (II) that is
completed, the findings made during
that inquiry.
(C) The Comptroller General may not place the
Inspector General on non-duty status during the 30-day
period preceding the date on which the Inspector
General is removed or transferred under paragraph
(2)(A) unless the Comptroller General--
(i) has made a determination that the
continued presence of the Inspector General in
the workplace poses a specific threat; and
(ii) not later than the date on which the
change in status takes effect, submits to both
Houses of Congress (including to the
appropriate congressional committees) a written
communication that contains the information
required under subparagraph (B), including the
report required under clause (ii) of that
subparagraph.
(D) Nothing in this paragraph may be construed to
limit or otherwise modify any statutory protection that
is afforded to the Inspector General or a personnel
action that is otherwise authorized by law.
[3](4)(A) 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] have a rate of
basic pay that is not less than the average rate of
basic pay of all other employees of the Government
Accountability Office in positions established under
section 732a or 733 of this title, and may not receive
any cash award or bonus, including any award under
chapter 45 of title 5.
(B) The Comptroller General shall establish the
amount of the annual adjustment of the rate of basic
pay for the Inspector General in an amount equal to the
average of the annual adjustments in the rate of basic
pay provided pursuant to section 733(a)(3)(b) of this
title to all other employees in positions established
under section 732a or 733 of this title.
(c) * * *
(d) * * *
(e) * * *
(f) Independence in Carrying Out Duties and
Responsibilities.--[The Comptroller General] (1) Prohibition.--
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.
(2) Budget Independence.--The Comptroller General
shall include the annual budget request of the
Inspector General in the budget of the Government
Accountability Office without change.
(g) Authority for Staff.--
(1) In General.--The Inspector General shall select,
appoint, and employ (including fixing and adjusting the
rates of pay of) such personnel as may be necessary to
carry out this section consistent with the provisions
of this title governing selections, appointments, and
employment (including the fixing and adjusting the
rates of pay) 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) * * *
(3) * * *
(4) * * *
(5) Legal Advice.--The Inspector General shall, in
accordance with applicable laws and regulations
governing selections, appointments, and employment at
the Government Accountability Office, obtain legal
advice from a counsel reporting directly to the
Inspector General or another Inspector General.
* * * * * * *
[all]