[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.

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                               [all]