[DOCID: f:hr671.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-671
======================================================================
GOVERNMENT ACCOUNTABILITY OFFICE ACT OF 2008
_______
May 22, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 5683]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 5683) to make certain reforms with
respect to the Government Accountability Office, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 8
Background and Need for Legislation.............................. 8
Legislative History.............................................. 10
Section-By-Section............................................... 11
Explanation of Amendments........................................ 17
Committee Consideration.......................................... 17
Roll Call Votes.................................................. 17
Application of Law to the Legislative Branch..................... 17
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 17
Statement of General Performance Goals and Objectives............ 17
Constitutional Authority Statement............................... 18
Federal Advisory Committee Act................................... 18
Unfunded Mandates Statement...................................... 18
Earmark Identification........................................... 18
Committee Estimate............................................... 18
Budget Authority and Congressional Budget Office Cost Estimate... 18
Changes in Existing Law Made by the Bill, as Reported............ 20
Additional Views................................................. 31
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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. Administering oaths.
Sec. 7. Comptroller General reports.
Sec. 8. Reimbursement of audit costs.
Sec. 9. Financial disclosure requirements.
Sec. 10. Highest basic pay rate.
Sec. 11. Additional authorities.
Sec. 12. Basic pay for retirement.
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 3-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 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.
``(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, 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; and
``(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. ADMINISTERING OATHS.
Section 711 is amended by striking paragraph (4) and inserting the
following:.
``(4) administer oaths to witnesses, except that, in matters
other than auditing and settling accounts, the authority of an
officer or employee to administer oaths to witnesses pursuant
to a delegation under paragraph (2) shall not be available
without the prior express approval of the Comptroller General
(or a designee).''.
SEC. 7. COMPTROLLER GENERAL REPORTS.
Section 719 is amended--
(1) in subsection (b)(1)(B), by striking ``and'' at the end;
(2) in subsection (b)(1)(C), by striking the period at the
end and inserting ``; and'';
(3) by adding at the end of subsection (b)(1) the following:
``(D) for agencies subject to sections 901-903 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 responding to such other matters
as the Comptroller General deems appropriate in carrying out
his duties under authority of sections 711-720 or any other
provisions of law.'';
(4) in subsection (c)(2)(B), by striking ``and'' at the end;
(5) in subsection (c)(3), by striking the period at the end
and inserting ``; and'', and
(6) by adding at the end of subsection (c) the following:
``(4) as soon as practicable when an agency does not, within
a reasonable time of a request by the Comptroller General, make
personnel available for interview, provide written answers to
questions, grant access to records, or submit to an oath
authorized by the Comptroller General under sections 711-720 or
any other provisions of law.''.
SEC. 8. REIMBURSEMENT OF AUDIT COSTS.
(a) In General.--Section 3521 is amended by adding at the end the
following:
``(i)(1) Any executive agency or component thereof that prepares an
audited financial statement under section 3515 shall reimburse the
Government Accountability Office the cost of any audit of the financial
statements (or any part thereof) and related schedules of such agency
or component performed by the Comptroller General.
``(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.''.
(b) Conforming Amendment.--Section 1401 of title I of Public Law 108-
83 (31 U.S.C. 3523 note) is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2009.
SEC. 9. 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. 10. 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. 11. ADDITIONAL AUTHORITIES.
(a) In General.--(1) Section 731 is amended--
(A) by repealing subsection (d);
(B) in subsection (e)--
(i) 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
(ii) 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
(C) 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.''.
(2) Conforming Amendments.--(A) 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)''.
(B) Section 733(c) is amended by striking ``(d),''.
(C) Section 735(a) is amended by striking ``731(c)-(e),'' and
inserting ``731(c) and (e),''.
(b) Access to Certain Information.--
(1) In general.--Subchapter II of chapter 7 is amended by
adding at the end the following:
``Sec. 721. Access to certain information
``(a) No provision of the Social Security Act shall be construed to
limit, amend, or supersede the authority of the Comptroller General to
obtain any information, to inspect any record, or to interview any
officer, employee, or contractor under section 716 of this title,
including with respect to any information disclosed to or obtained by
the Secretary of Health and Human Services under part C or D of title
XVIII of the Social Security Act.
``(b) No provision of the Federal Food, Drug, and Cosmetic Act shall
be construed to limit, amend, or supersede the authority of the
Comptroller General to obtain any information, to inspect any record,
or to interview any officer, employee, or contractor under section 716
of this title, including with respect to any information concerning any
method or process which as a trade secret is entitled to protection.''.
(2) Interviews.--Section 716(a) is amended in the second
sentence by inserting ``and interview agency officers and
employees'' after ``agency record''.
(3) Clerical amendment.--The analysis for chapter 7 is
amended by inserting after the item relating to section 720 the
following:
``721. Access to certain information.''.
SEC. 12. BASIC PAY FOR RETIREMENT.
Section 8331(3) of title 5, United States Code, is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by inserting ``and'' at the end;
(3) by inserting after subparagraph (H) the following:
``(I) the nonpermanent amount of a performance-based pay
increase received by an employee of the Government
Accountability Office, to the extent that such increase does
not cause the basic pay of such employee to exceed the
limitation specified in section 732(c)(2) of title 31;''; and
(4) in the matter following subparagraph (I) (as added by
this section), by striking ``(B) through (H)'' and inserting
``(B) through (I)''.
Purpose and Summary
H.R. 5683, the Government Accountability Office Act of 2008
(the Act), was introduced by Subcommittee Chairman Danny K.
Davis on April 2, 2008. H.R. 5683 addresses a number of issues
related to pay and personnel matters, access to information,
and internal operations at the Government Accountability Office
(GAO).
Background and Need for Legislation
Over a two-year period, the House Committee on Oversight
and Government Reform's Subcommittee on Federal Workforce,
Postal Service, and the District of Columbia, held several
hearings and staff meetings regarding GAO's implementation of
the Government Accounting Office Human Capital Reform Act of
2004 (P.L. 108-271) (hereafter ``GAO Reform Act of 2004'') and
was disturbed by its findings.
At the time the GAO Reform Act of 2004 was being considered
by Congress, members expressed concern about whether employees
who ``met or exceeded expectations'' would get the annual
across-the-board cost of living adjustment. An agreement was
reached that instead of codifying such a provision in the Act,
the Comptroller General would commit to doing so on the record.
At a July 16, 2003, hearing on GAO's human capital proposal
before the House Subcommittee on Civil Service and Agency
Organization, the CG, David Walker, committed to guarantee
annual across-the-board purchase power protection and to
address locality pay consideration to all employees rated as
performing at a satisfactory level or above (i.e., meeting
expectations or above) absent extraordinary economic
circumstances or severe budgetary constraints.\1\
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\1\House Committee on Government Reform, Subcommittee on Civil
Service and Agency Organization, GAO Human Capital Reform: Leading the
Way, 108th Cong. (July 16, 2003).
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Under the auspices of the GAO Reform Act of 2004, and
contrary to congressional intent, the CG, in 2006 and 2007,
denied certain employees whose job performance at least ``met
expectations'' the annual GAO across-the-board increase. In
addition, certain GAO employees did not receive all of the
merit pay that they earned in 2006.
In testimony before the House and Senate Subcommittees on
the Federal Workforce, the CG stated that the new pay rates for
2006 were based on a 2004 market-based compensation study
conducted by Watson Wyatt Worldwide (WWW).\2\ Based on the
study, the CG determined that certain employees were paid above
market rate and should be denied their annual across-the-board
pay increase.
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\2\House Committee Oversight and Government Reform, Subcommittee on
Federal Workforce, Postal Service, and the District of Columbia, Joint
with Senate Committee on Homeland Security and Governmental Affairs,
Subcommittee on Oversight of Government Management, the Federal
Workforce, and the District of Columbia, Hearing on the Government
Accountability Office's Personnel Reform Efforts, 110th Cong. (May 22,
2007).
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However, at the joint hearing, Chairman Davis revealed
findings from a Subcommittee investigation that the outcome of
the study was predetermined by the contract between GAO and
WWW.\3\ GAO stated in its contract with WWW that the contractor
was to provide an analysis of compensation ranges based on an
assumption that GAO had four pay bands of analysts, when GAO in
fact had three bands (Band I, Band II, and Band III).
Subsequent to the WWW analysis, GAO restructured Band II to
form Band IIA (engagement staffers) and Band IIB (engagement
leaders). Tenured employees who were not placed in Band IIB
were deemed ``overpaid'' and denied the GAO across the board
increase. Upon reviewing the job surveys that were used for the
WWW compensation study, independent expert witnesses testified
that the study was flawed and should not have been used to make
pay decisions.\4\
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\3\Developing Market-Based Compensation Ranges for GAO Analysts,
Attorneys, and Selected Specialists, Contract No. 2004335 between the
Government Accountability Office and Watson Wyatt Worldwide (awarded
July 15, 2004).
\4\House Committee Oversight and Government Reform, Subcommittee on
Federal Workforce, Postal Service, and the District of Columbia, Joint
with Senate Committee on Homeland Security and Governmental Affairs,
Subcommittee on Oversight of Government Management, the Federal
Workforce, and the District of Columbia, Testimony of Dr. Charles Fay,
Chair, Human Resources Management, Rutgers University, Hearing on the
Government Accountability Office's Personnel Reform Efforts, 110th
Cong. (May 22, 2007).
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Hearings, interviews, and a GAO employee survey requested
by Subcommittee Chairman Davis also found that, historically,
African-Americans employed by GAO had long received lower
performance ratings than their white counterparts. Because the
Band II restructuring was in part based on questionable
distinctions in Band II, it had a more negative impact on
African-American employees. At a Subcommittee hearing on
November 13, 2007, on diversity in legislative branch agencies,
the managing director of GAO's Office of Opportunity and
Inclusiveness testified that the CG was aware of the rating
disparities between African Americans and their non-minority
counterparts, but nevertheless executed the restructuring.\5\
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\5\House Federal Workforce, Postal Service, and District of
Columbia Subcommittee Hearing, Testimony of Ron Stroman, Managing
Director, Office of Opportunity and Inclusiveness, Government
Accountability Office, Hearing Legislative Branch Diversity at the
Highest Levels, 110th Cong. (Nov. 13, 2007).
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In addition to the lack of across-the-board increases,
certain GAO employees did not receive all of the merit pay that
they earned in 2006. The retroactive 2006 and 2007 cost of
living salary increase and the lump sum payment provisions in
the bill address those situations.
In reviewing the implementation of the GAO Reform Act of
2004, the Subcommittee also was concerned that the
flexibilities provided in that legislation meant that GAO
employees werereceiving an across-the-board annual adjustment
that was lower than the cost-of-living adjustment paid to employees
covered by the federal GS system.
To address these issues, the legislation supplements GAO's
pay-for-performance pay system with a ``floor guarantee'' for
employees, ensuring that, as long as they perform
satisfactorily, they will receive an annual pay increase at
least as great as that paid under the General Schedule (GS)
system. In addition, the bill provides for salary increases and
lump sum payments to GAO employees who were denied cost of
living increases in 2006 and 2007.
The ``floor guarantee'' provision will ensure that in the
future GAO employees who are performing at a satisfactory level
will receive at least as much as the annual adjustment under
the GS system. However, the bill maintains some of GAO's
flexibility to set an annual across-the-board increase.
Moreover, the legislation raises the statutory pay cap for
GAO employees from GS-15 to Executive Level III for certain
employees and counts performance-based bonuses for purposes of
calculating employees' high three years of salary for
retirement purposes. These provisions will help GAO with
recruitment and retention.
In addition, the bill establishes a statutory inspector
general at GAO, which is consistent with the practices of other
legislative and executive branch agencies and ensures oversight
that is independent and autonomous from the CG.
The bill also includes important provisions that will
enhance the ability of GAO to perform its oversight functions.
Legislative History
On April 2, 2008, Subcommittee Chairman Danny K. Davis
introduced H.R. 5683 and referred the bill to the Committee on
Oversight and Government Reform.
The Subcommittee on the Federal Workforce, Postal Service,
and the District of Columbia held a hearing on March 13, 2008,
on legislation to improve the oversight, administration, and
pay adjustment functions of GAO. The witnesses were the
Honorable Gene Dodaro, Acting Comptroller General, GAO; Paul
Coran, Chairman, Personnel Appeals Board, GAO; Anne Wagner,
General Counsel, Personnel Appeals Board, GAO; Curtis Copeland,
Specialist in American National Government, Congressional
Research Service; Shirley Jones, Representative, GAO's Employee
Advisory Committee; Janet C. Smith, President, Ivy Planning
Group, LLC; and Jacqueline Harpp, International Federation of
Professional & Technical Engineers, AFL-CIO.
The Subcommittee held a business meeting to consider H.R.
5683 on April 3, 2008, and ordered the bill to be reported by
voice vote. The full committee held a business meeting to
consider H.R. 5683 on May 1, 2008, and ordered the bill to be
reported, as amended, by voice vote.
Section-by-Section
Section 1: Short title
The short title of the bill is the ``Government
Accountability Office Act of 2008.''
Section 2: Provisions relating to future annual pay adjustments
Under this section, all GAO employees will be subject to a
``floor guarantee'' that will preserve GAO's pay flexibility
and ensure that GAO's employees receive an annual increase in
their permanent pay that is at least equal to the GS across-
the-board increase for each locality. GAO is to make the annual
adjustment, including the floor guarantee, effective as of the
effective date of the GS adjustment.
Under the floor guarantee, all GAO employees (except for
the three groups identified below) whose pay is adjusted under
31 U.S.C. Sec. 732(c)(3) and who are performing at a ``meets
expectations'' level or better will be guaranteed a permanent
pay adjustment that will be at least equal to the annual
adjustment for GS employees for the locality pay area for the
GAO employees' duty station. The three groups of employees not
covered by the floor guarantee are members of the Senior
Executive Service, Federal Wage System employees, and employees
who are in GAO's entry-level developmental programs. Under
these entry-level developmental programs, participants receive
performance reviews and associated permanent pay raises more
than once a year and the pay increases are generally
substantially greater than what the floor guarantee would
provide.
Section 3: Pay Adjustment relating to certain previous years
Section 3 requires GAO to pay those employees who did not
receive a permanent base pay increase in 2006 or 2007 an amount
equal to the full annual adjustment for those years. This pay
increase would also be applied prospectively, so that the
affected employee's permanent pay is adjusted for future years.
To calculate the increase for each year, the amount of a
permanent increase in base pay that the employee actually
received in 2006 (including permanent merit pay as well as any
annual adjustment) will be compared to the permanent increase
in base pay that the employee would have received if he or she
had received a 2.6% base pay adjustment in 2006. The employee
will be paid the difference between these two figures for the
2006 cycle. The same calculation will be made for 2007, using
2.4% instead of 2.6% with both calculations subject to the
statutory maximum rate. The employee's pay will be increased
prospectively to reflect these increases.
In addition, those GAO employees who will receive an
increase in their base pay under this section will also receive
a lump sum payment. For each employee, the lump sum payment
will compensate for the additional pay that the employee would
have earned had the differences calculated above (and
compounded for 2007 and 2008) been paid to the employee from
the effective dates of the 2006 and 2007 adjustments through
the effective date of the permanent pay increase addressed
above. Thus, the lump sum payment for an employee who did not
receive thefull 2006 annual adjustment will be the additional
amount that the employee would have received, had the difference for
that year been paid for the period beginning January 22, 2006, until
the effective date of the permanent pay increase under this section, or
such earlier date if the employee has retired or otherwise left GAO
before the payment but after the enactment of this section. Similar
calculations will be made for employees who did not receive the full
2007 annual adjustment for the period beginning February 18, 2007.
Employees who received less than the full annual adjustment in both
years will receive a lump sum payment that includes both the 2006 and
the 2007 adjustments.
Under subsection (f), the lump sum payments are deemed to
be basic pay for 2006 and 2007, as appropriate, and hence are
to be taken into account when calculating employees' high three
years of salary for retirement purposes. The subsection makes
clear that this consideration of the lump sum in the ``high
three'' calculation shall not require any deduction from the
amount due to employees for deposit into the retirement fund,
nor shall GAO be required to make any additional contribution
to the retirement fund.
Subsection (g) of section 3 provides that the provisions
constitute the sole and exclusive remedy for any covered
officers and employees who claim that they were denied the full
annual adjustment for 2006 and 2007. Claims unrelated to
payment of the annual adjustment for 2006 and 2007 are not
affected by subsection (g). This subsection also withdraws
jurisdiction from the GAO Personnel Appeals Board, U.S.
district courts, and other courts or administrative bodies from
hearing past, pending, or future claims related to these
payments. Congress intends that the amounts provided for
payment pursuant to section three constitute full and complete
satisfaction of any claim which an employee may assert for the
2006 and 2007 annual adjustment.
Section 4: Lump-sum payment for certain performance-based compensation
Section 4 addresses certain pay concerns that arose from
GAO's implementation of the annual pay adjustment provision of
the GAO Reform Act of 2004. For 2006, employees who were
performing at a ``meets expectations'' level but did not
receive the annual adjustment also were limited in the amount
of performance based compensation (PBC) they could receive.
This section seeks to provide a lump sum payment to those who
were denied the annual adjustment and whose PBC in 2006 was
limited for that reason.
This provision applies to three groups of employees as
follows:
Band I staff with base pay that was at or over the 2006
Band I pay cap. In 2006, those employees who were in the bottom
80% of this group did not receive any PBC, either as permanent
merit pay or nonpermanent merit pay, while those in the top 20%
of performers received $1,000 in nonpermanent merit pay.
Band IIA employees whose base pay was over the 2006 Band
IIA pay cap fell into 2 categories. In 2006, those employees
whose pay was less than the transition rate received 50% of
their PBC as permanent merit pay, not to exceed the Band IIA
transition cap ($118,700); the remainder of the PBC was lost.
Employees whose pay was at the transition pay cap received
$1,000 in nonpermanent merit pay if they were in the top 20% of
performers with any remaining PBC lost; those employees who
were in the bottom 80% did not receive any PBC, either as
permanent or nonpermanent merit pay.
Administrative Professional Support staff with base pay
that was over their 2006 pay caps. In 2006, those employees in
the bottom 80% did not receive any PBC, either as permanent or
nonpermanent merit pay. Those in the top 20% of performers
received $1,000 in nonpermanent merit pay.
As with section 3, this section would apply only to those
employees are employed on the effective date of the legislation
(and who were employed in 2006 and 2007) and does not apply to
Senior Executive Service or Senior Level employees, Federal
Wage System employees, or employees in GAO's entry level
development programs.
Subsection 4(a) would require the GAO to provide the
affected employees with a lump sum payment equal to the amount
of nonpermanent merit pay that they were denied in 2006.
Subsection 4(b) indicates that the payment shall be derived by
calculating the amount of nonpermanent merit pay the employee
would have earned under the PBC system in existence in 2006 if
the employee had not had a salary equal to or in excess of the
maximum for his or her band less any amounts the employee
received either as permanent merit pay or nonpermanent merit
pay.
Under subsection (d), the employee's entitlement to the
lump sum payment under section (4) represents the sole and
exclusive remedy for individuals covered by the provision who
claim they are owed PBC for 2006. As with section 3, no court
or administrative body shall have jurisdiction relating to
these claims. It is the intent of Congress that the amounts
provided for payment pursuant to section four constitutes full
and complete satisfaction of any claim which the employees may
assert concerning the payment of these 2006 PBC amounts. Claims
unrelated to payments of the 2006 PBC amounts are not affected
by subsection (d).
Section 5: Inspector General
This section establishes a statutory Inspector General (IG)
for GAO, to be appointed by the CG and who, like other IGs,
will operate under the general supervision of the agency head.
This is consistent with practices at legislative branch
agencies pursuant to various statutes and executive branch
agencies pursuant to the Inspector General Act of 1978 (5
U.S.C. App.).
The roles and responsibilities of GAO's statutory IG are
designed to promote economy and efficiency in programs and
operations administered by GAO. The IG will have the authority,
and is expected, to investigate and report on GAO's
administration of its programs and operations. Like other IGs,
the GAO IG is not expected to perform program responsibilities.
The GAO IG is required to submit semiannual reports to the
CG summarizing the activities of its office. The CG must
transmit the IGs semiannual report to Congress within 30 days
of receiving it.
Section 6: Administering oaths
This section amends 31 U.S.C. Sec. 711 to allow the CG
greater authority, subject to appropriate safeguards, to
administer oaths to witnesses. Presently, section 711
authorizes the CG to administer oaths when auditing and
settling accounts. When GAO was established in 1921, auditing
and settling accounts were its principal focus, but that is no
longer the case. The CG has been called upon to perform many
other audit, investigative, and adjudicative roles for the
Congress. These roles periodically raise situations involving
potential criminal or ethical violations or conflicting
testimony or assertions concerning material and sensitive
subjects. In such situations, the ability to administer oaths
can be an important tool for the CG to accomplish his work for
the Congress.
Section 7: Comptroller General reports
This section amends 31 U.S.C. Sec. 719 by adding two new
reporting requirements. The first is designed to provide
critical information to the Congress regarding the overall
cooperation of federal agencies in all aspects of the work of
GAO. It does so by requiring that for all agencies subject to
the Chief Financial Officers Act of 1990 (31 U.S.C.
Sec. Sec. 901-903), and other agencies designated by the CG,
the CG will report to Congress annually regarding the overall
degree of cooperation exhibited by the agencies or their staff
in making personnel available for interviews, in providing
written answers to questions, in submitting to an oath
authorized by the CG, in granting access to records, in
providing timely comments to draft reports, in adopting report
recommendations, and in responding to such matters as the CG
deems appropriate. Section 7 also requires that the CG report
to Congress, as soon as practicable, when an agency or other
entity does not make personnel available for interview, provide
written answers to questions, or submit to an oath.
These reporting requirements will enable the CG to keep
Congress apprised of the general state of cooperation between
GAO and other agencies and entities concerning the work of the
office. While the CG will advise Congress as soon as
practicable when GAO reasonably concludes that an agency or
entity is not cooperating in an audit or investigation, it is
anticipated that the annual report will provide greater insight
into the ongoing relationships between GAO and the agencies it
audits and investigates in a balanced and fair manner.
Section 8: Reimbursement of audit costs
This section amends section 3521 of title 31, U.S.C., under
which each covered executive branch agency is responsible for
obtaining an audit of the financial statements it prepares
under section 3515 of that title. Section 3521(e) assigns the
responsibility for the performance of an agency's financial
statement audit to each agency's inspector general, or, if
there is no inspector general, to the head of the agency, who
must engage an independent external auditor. The agency IG may
conduct the audit or engage an independent external auditor to
perform the audit. However, the CG may choose to audit an
agency's financial statements in lieu of the agency IG or an
agency-engaged independent external auditor. Since 1997, the CG
has exercised his statutory discretion to audit the financial
statements of the Internal Revenue Service and the Schedule of
Federal Debt at the Department of the Treasury. The Department
of the Treasury has received these audit services without
reimbursing GAO.
Section 8 requires the Department of Treasury, the Internal
Revenue Service, or any other executive branch agency covered
by the CFO Act for which GAO elects to audit financial
statements or related schedules to reimburse GAO for the cost
of performing such audits. Such payment will be consistent with
the principle that agencies should pay for financial statement
audit services. This principle has already been applied to
financial statement audits conducted by GAO (under separate
legal authority) of the Securities and Exchange Commission and
the Federal Deposit Insurance Corporation, as well as other
government corporations.
The Securities and Exchange Commission shall reimburse GAO
for financial statements under Public Law 108-83 for work
performed up to October 1, 2009, and under this Act for audit
work performed on or after October 1, 2009.
Section 9: Financial disclosure requirements
This section amends section 109 of the Ethics in Government
Act (5 U.S.C. App.) to remedy an anomaly created by GAO's new
pay system, which has resulted in a large increase in the
number of GAO employees who must file a public financial
disclosure statement. Prior to implementation of the new pay
system, any GAO employee whose basic pay minus the amount of
locality pay was more than 120% of the basic rate for GS-15,
step 1, had to file a statement. Under the new pay system,
compensation differences in local markets are taken into
account in setting the pay ranges for GAO's various locations
but are not broken out separately. Therefore, many employees,
without the deduction for locality pay, have a basic rate of
pay that requires filing a financial disclosure statement. This
section remedies this unexpected consequence by deducting the
amount of the General Schedule locality pay from the basic pay
that a GAO employee would have received had the new pay system
not been implemented.
Section 10: Highest basic pay rate
This section allows the CG to pay employees above the GS-15
pay cap, up to the rate for Executive Level III. This provision
is designed to allow GAO to more appropriately compensate
skilled professionals and managers, thus aiding GAO in
recruitment and retention. While the provision sets the highest
rate at Executive Level III, this maximum will be used only for
hard to fill positions.
Section 11: Additional authorities
Section 11 amends section 731 of title 31, U.S.C. to make
changes in GAO's authority to appoint certain experts and
consultants or fix the basic rate of certain officials,
deleting two provisions that have never been used, and slightly
increasing (from 15 to 20) the number of senior-level experts
and consultants that can be appointed for 3-year renewable
terms.
This section also authorizes the CG to make expenditures
for meals and other expenses in connection with recruitment.
The nature of GAO's work requires skilled professionals for
whom GAO must compete with top private sector firms. Permitting
the CG to make expenditures for meals and other related meal
expenses while recruiting officers and employees will help GAO
attract top talent.
Section 11(b) adds a new section 721 to title 31 to ensure
that provisions contained in the Social Security Act and the
Federal Food, Drug, and Cosmetic Act are not construed to limit
GAO's rights of access to agency information. The new section
721(a) is intended in part to correct an erroneous
interpretation by the Department of Health and Human Services
of provisions of the Social Security Act pertaining to the
Medicare prescription drug benefit (Part D). Under its
interpretation, the Department has refused to disclose certain
information related to Medicare Part D to GAO. The new section
721(a) provision confirms GAO's right to obtain information
from the Department and ensures that GAO is able to conduct
congressionally requested and statutorily required audits,
including audits of Parts C and D of the Medicare program. The
Committee is aware that there are efforts by the Ways and Means
Committee to pass similar corrective legislation to clarify the
rights that other congressional support agencies, like the
Congressional Research Service, have to this information. The
Committee fully supports these efforts, but could not include
those provisions in this bill because it does not have
jurisdiction over legislative branch agencies other than GAO.
In addition, the Food and Drug Administration, citing a
provision of the Federal Food, Drug, and Cosmetic Act, has
taken the position that it will only disclose trade secrets
information to GAO for studies conducted at the request of a
chair of a committee or subcommittee of jurisdiction, and only
when the requests for the studies specifically refer to GAO's
need for such information. The new section 721(b) is designed
to remove any doubt as to GAO's authority to obtain trade
secrets information from the Food and Drug Administration.
While GAO has had a longstanding right of access to agency
records, its audit, evaluation, and investigation efforts have
occasionally been frustrated by a lack of willingness on the
part of agency officials and employees to discuss the
information contained in those records, as well as background
information relevant to programs under review. In addition,
many agency activities are not documented for subsequent audit,
and cooperation from these individuals provides the only viable
means for GAO to obtain critical information about these
activities. Accordingly, this section also clarifies GAO's
existing access authority by providing an express right to
interview agency officers and employees under section 716(a) of
Title 31.
Section 12: Basic pay for retirement
This section provides that in determining the basic pay of
a GAO employee for purposes of retirement, the calculation
shall include any nonpermanent merit increases awarded under
GAO's pay for performance system up to the statutory maximum.
Explanation of Amendments
During the business meeting, Rep. Waxman offered an
amendment in the nature of a substitute which passed by voice
vote. The amendment made technical changes to the bill and
added provisions which guaranteed GAO access to certain
information. The section-by-section analysis reflects the
provisions of this amendment.
Committee Consideration
On Thursday, May 1, 2008, the Committee met in open session
and favorably ordered H.R. 5683 to be reported to the House by
a voice vote.
Roll Call Votes
No roll call votes were held.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to terms and conditions of
employment or access to public services and accommodations.
H.R. 5683 contains provisions which relate to the terms and
conditions of employment at the legislative branch agency GAO,
specifically with regard to salary and bonuses. The details of
these provisions are described in the section-by-section
analysis of this report.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report, including the need to address pay matters and the
operation and management of GAO.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report, including increasing the efficiency and
effectiveness of GAO.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 5683. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
Earmark Identification
H.R. 5683 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 5683. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 5683 from the Director of
the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 15, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5683, the
Government Accountability Office Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Barry Blom.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 5683--Government Accountability Office Act of 2008
Summary: H.R. 5683 would require the Government
Accountability Office (GAO) to change certain pay practices
and, subject to the availability of appropriations, compensate
employees for certain past practices. It also would increase
the cap on employees' pay. Assuming appropriation of the
necessary amounts, CBO estimates that implementing those
provisions would cost about $11 million over the 2009-2013
period.
The bill also would expand the types of pay that are
included in retirement benefit calculations, which would
increase direct spending by less than $500,000 over the 2009-
2018 period. The bill would have an insignificant effect on
revenues. Implementing other provisions of H.R. 5683 would have
no significant effect on the agency's budget.
H.R. 5683 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary impact of H.R. 5683 is shown in the following table.
The costs of this legislation fall within budget functions 600
(income security) and 800 (general government).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2009 2010 2011 2012 2013
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level 3 2 2 2 2
Estimated Outlays 3 2 2 2 2
------------------------------------------------------------------------
Note.--Enacting the bill also would increase direct spending by less
than $500,000 over the 2009-2018 period.
Basis of estimate: For this estimate, CBO assumes that H.R.
5683 will be enacted at the beginning of fiscal year 2009 and
that the necessary amounts will be appropriated for each year.
CBO estimates that enacting H.R. 5683 would increase salary
payments to some GAO employees, assuming availability of
appropriated funds. It also would increase retirement costs.
Section 3 would require GAO to pay, subject to the
availability of appropriations, a lump-sum reimbursement to
about 300 employees who received less than the annual pay
increase given to others in 2006 (2.6 percent) and 2007 (2.4
percent). Based on information provided by GAO and assuming the
availability of appropriated funds, CBO estimates that making
the lump-sum payments would cost the agency about $1.7 million
in 2009. Because those payments would cause the affected
employees' base pay to rise, future salaries would also
increase, by an estimated $3 million over the 2009-2013 period.
Section 4 would provide a lump-sum payment to individuals
who did not receive their full performance-based compensation
as a result of having a salary equal to or greater than the
maximum for their pay band. Based on information from GAO, CBO
estimates that this provision would boost discretionary
spending in 2009 by about $200,000.
The bill also would make other changes including:
increasing the highest basic rate of pay under the pay
schedule, limiting the total amount of cash compensation
(salaries, bonuses, and other payments) that an employee can
receive in any year, and guaranteeing a minimum rate of
increase in the annual pay of most employees. Based on
information from GAO, CBO estimates that those provisions would
cost about $6 million over the five-year period, assuming
appropriation of the estimated amounts.
Section 12 would direct that the nonpermanent portion of a
performance-based pay increase be included in the employee's
basic pay for purposes of calculating retirement benefits. CBO
estimates that the resulting change in retirement benefits
would increase direct spending by less than $500,000 over the
2009-2018 period.
Other provisions of this bill would have no effect on the
federal budget.
Intergovernmental and private-sector impact: H.R. 5683
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Barry Blom, Taylor
Tarver, and Deborah Reis, Impact on State, Local, and Tribal
Governments: Elizabeth Cove, Impact on Private Sector: Paige
Piper/Bach
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 31, UNITED STATES CODE
* * * * * * *
Subtitle I--GENERAL
* * * * * * *
CHAPTER 7--GOVERNMENT ACCOUNTABILITY OFFICE
SUBCHAPTER I--DEFINITIONS AND GENERAL ORGANIZATION
Sec.
701. Definitions.
* * * * * * *
705. Inspector General for the Government Accountability Office.
* * * * * * *
SUBCHAPTER II--GENERAL DUTIES AND POWERS
711. General authority.
* * * * * * *
721. Access to certain information.
SUBCHAPTER I--DEFINITIONS AND GENERAL ORGANIZATION
* * * * * * *
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.
(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, 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; and
(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.
SUBCHAPTER II--GENERAL DUTIES AND POWERS
Sec. 711. General authority
The Comptroller General may--
(1) * * *
* * * * * * *
[(4) administer oaths to witnesses when auditing and
settling accounts.]
(4) administer oaths to witnesses, except that, in
matters other than auditing and settling accounts, the
authority of an officer or employee to administer oaths
to witnesses pursuant to a delegation under paragraph
(2) shall not be available without the prior express
approval of the Comptroller General (or a designee).
* * * * * * *
Sec. 716. Availability of information and inspection of records
(a) Each agency shall give the Comptroller General
information the Comptroller General requires about the duties,
powers, activities, organization, and financial transactions of
the agency. The Comptroller General may inspect an agency
record and interview agency officers and employees to get the
information. This subsection does not apply to expenditures
made under section 3524 or 3526(e) of this title.
* * * * * * *
Sec. 719. Comptroller General reports
(a) * * *
(b)(1) The Comptroller General shall include in the report to
Congress under subsection (a) of this section--
(A) * * *
(B) information on carrying out duties and powers of
the Comptroller General under clauses (A) and (C) of
this paragraph, subsections (g) and (h) of this
section, and sections 717, 731(e)(2), 734, 1112, and
1113 of this title; [and]
(C) the name of each officer and employee of the
Government Accountability Office assigned or detailed
to a committee of Congress, the committee to which the
officer or employee is assigned or detailed, the length
of the period of assignment or detail, a statement on
whether the assignment or detail is finished or
continuing, and compensation paid out of appropriations
available to the Comptroller General for the period of
the assignment or detail that has been completed[.];
and
(D) for agencies subject to sections 901-903 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 responding to such other matters as the
Comptroller General deems appropriate in carrying out
his duties under authority of sections 711-720 or any
other provisions of law.
* * * * * * *
(c) The Comptroller General shall report to Congress--
(1) * * *
(2) on the adequacy and effectiveness of--
(A) * * *
(B) inspections by an agency of offices and
accounts of fiscal officials; [and]
(3) as frequently as practicable on audits carried
out under sections 713 and 714 of this title[.]; and
(4) as soon as practicable when an agency does not,
within a reasonable time of a request by the
Comptroller General, make personnel available for
interview, provide written answers to questions, grant
access to records, or submit to an oath authorized by
the Comptroller General under sections 711-720 or any
other provisions of law.
* * * * * * *
Sec. 721. Access to certain information
(a) No provision of the Social Security Act shall be
construed to limit, amend, or supersede the authority of the
Comptroller General to obtain any information, to inspect any
record, or to interview any officer, employee, or contractor
under section 716 of this title, including with respect to any
information disclosed to or obtained by the Secretary of Health
and Human Services under part C or D of title XVIII of the
Social Security Act.
(b) No provision of the Federal Food, Drug, and Cosmetic Act
shall be construed to limit, amend, or supersede the authority
of the Comptroller General to obtain any information, to
inspect any record, or to interview any officer, employee, or
contractor under section 716 of this title, including with
respect to any information concerning any method or process
which as a trade secret is entitled to protection.
SUBCHAPTER III--PERSONNEL
Sec. 731. General
(a) * * *
* * * * * * *
[(d) When a change in organization, management
responsibility, or workload makes it necessary, the Comptroller
General may fix the rate of basic pay of 5 positions at rates
not more than the rate for level IV of the Executive Schedule.]
(e) The Comptroller General may procure the services of
experts and consultants under section 3109 of title 5 at rates
not in excess of the [maximum daily rate for GS-18 under
section 5332 of such title] daily rate for level IV of the
Executive Schedule, except that the services of not [more
than--] more than 20 experts and consultants may be procured
for terms of not more than 3 years, but which shall be
renewable.
(1) * * *
* * * * * * *
(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.
Sec. 732. Personnel management system
(a) * * *
* * * * * * *
(c) Under the personnel management system--
(1) * * *
(2) except as provided in clause (4) of this
subsection and section 733(a)(3)(A) of this title, the
highest basic pay rate under the pay schedule may not
be more than the [highest basic rate for GS-15;] 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;
* * * * * * *
(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.
Sec. 732a. Critical positions
(a) * * *
(b) Senior-level positions under this section may include
positions referred to in [section 731(d), (e)(1), or (e)(2)]
paragraph (1) or (2) of section 731(e) of this title.
Sec. 733. Senior Executive Service
(a) * * *
* * * * * * *
(c) The Office Senior Executive Service may include positions
referred to in section 731(c), [(d),] (e)(1), or (e)(2) of this
title.
* * * * * * *
Sec. 735. Relationship to other laws
(a) Except as provided in section 733(c) of this title, this
subchapter and subchapter IV of this chapter do not affect
sections 702(b), 703, [731(c)-(e),] 731(c) and (e), 772, 775(a)
and (d) of this title.
* * * * * * *
Subtitle III--FINANCIAL MANAGEMENT
* * * * * * *
CHAPTER 35--ACCOUNTING AND COLLECTION
* * * * * * *
SUBCHAPTER III--AUDITING AND SETTLING ACCOUNTS
Sec. 3521. Audits by agencies
(a) * * *
* * * * * * *
(i)(1) Any executive agency or component thereof that
prepares an audited financial statement under section 3515
shall reimburse the Government Accountability Office the cost
of any audit of the financial statements (or any part thereof)
and related schedules of such agency or component performed by
the Comptroller General.
(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.
* * * * * * *
----------
ACT OF SEPTEMBER 30, 2003
(Public Law 108-83)
AN ACT Making appropriations for the Legislative Branch for the fiscal
year ending September 30, 2004, and for other purposes.
* * * * * * *
TITLE I--LEGISLATIVE BRANCH APPROPRIATIONS
* * * * * * *
GENERAL ACCOUNTING OFFICE
* * * * * * *
ADMINISTRATIVE PROVISION
[SEC. 1401. PAYMENT FOR AUDITS.
[(a) In General.--At any time during fiscal year 2004 or
thereafter, the Comptroller General may accept payment from the
Securities and Exchange Commission for the performance of any
audit of the financial statements of the Commission which is
conducted by the Comptroller General.
[(b) Credit to Account.--Any payment accepted under the
authority of subsection (a) shall be credited to the account
established for salaries and expenses of the General Accounting
Office, and shall be available for obligation and expenditure
upon receipt.]
* * * * * * *
----------
ETHICS IN GOVERNMENT ACT OF 1978
* * * * * * *
TITLE I--FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL
* * * * * * *
DEFINITIONS
Sec. 109. For the purposes of this title, the term--
(1) * * *
* * * * * * *
(13) ``officer or employee of the Congress'' means--
(A) * * *
(B)(i) each officer or employee of the
legislative branch (except any officer or
employee of the Government Accountability
Office) who, for at least 60 days, occupies a
position for which the rate of basic pay is
equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of
the General Schedule; [and]
(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
[(ii)] (iii) at least one principal assistant
designated for purposes of this paragraph by
each Member who does not have an employee who
occupies a position for which the rate of basic
pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15
of the General Schedule;
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart G--Insurance and Annuities
* * * * * * *
CHAPTER 83--RETIREMENT
* * * * * * *
SUBCHAPTER III--CIVIL SERVICE RETIREMENT
Sec. 8331. Definitions
For the purpose of this subchapter--
(1) * * *
* * * * * * *
(3) ``basic pay'' includes--
(A) * * *
* * * * * * *
(G) with respect to a customs officer
(referred to in subsection (e)(1) of section 5
of the Act of February 13, 1911), compensation
for overtime inspectional services provided for
under subsection (a) of such section 5, but not
to exceed 50 percent of any statutory maximum
in overtime pay for customs officers which is
in effect for the year involved; [and]
(H) any amount received under section 5948
(relating to physicians comparability
allowances); and
(I) the nonpermanent amount of a performance-
based pay increase received by an employee of
the Government Accountability Office, to the
extent that such increase does not cause the
basic pay of such employee to exceed the
limitation specified in section 732(c)(2) of
title 31;
but does not include bonuses, allowances, overtime pay,
military pay, pay given in addition to the base pay of
the position as fixed by law or regulation except as
provided by subparagraphs [(B) through (H)] (B) through
(I) of this paragraph retroactive pay under section
5344 of this title in the case of a retired or deceased
employee, uniform allowances under section 5901 of this
title, or lump-sum leave payments under subchapter VI
of chapter 55 of this title. For an employee paid on a
fee basis, the maximum amount of basic pay which may be
used is $10,000;
* * * * * * *
ADDITIONAL VIEWS OF RANKING MEMBER TOM DAVIS
Last July, the Government Accountability Office submitted
to Congress a legislative proposal to make a number of changes
to GAO's authorizing statutes--changes which were largely
uncontroversial. And, I'm pleased to say we were able to come
to agreement on some other very important reforms included in
this legislation.
For example, I appreciate Chairman Waxman's willingness to
include in the legislation an increase in the pay cap for GAO
employees from GS-15, step 10 to Executive Schedule III. This
change should help to address many the pay compression issues
facing the GAO workforce and better enable GAO to recruit and
retain top talent.
Also, I appreciate the Chairman's willingness to
accommodate my request to include language allowing GAO
employees under GAO's performance-based compensation system to
include bonuses in their base pay for purposes of calculating
their ``high-three'' salary. As the federal government
continues to reform its outdated personnel system--relying more
heavily on annual performance bonuses--it is important these
performance bonuses are taken into consideration for purposes
of calculating annuities.
This legislation also 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.
However, I am disappointed the bill includes a number of
additional proposals which, to me, are controversial and
potentially call into question my support for the bill.
Fortunately, the Chairman agreed to remove one of the more
problematic provisions from the bill. The new provision--which
was not discussed or debated at all by this Committee--would
have given GAO new authority to interview ``contractors.'' The
term ``contractors'' is ambiguous at best and could be
interpreted in any number of troubling ways. What's more--
current law already gives GAO access to contractor records. To
my knowledge, no case has been made for the need to enhance
GAO's ability to force private citizens to be ``interviewed''
by government investigators. I appreciate the Chairman's
willingness to remove this provision from the legislation.
But other troubling new provisions remain in the
legislation.
For example, the legislation includes language giving GAO
specific access to Medicare Part D data held by the Department
of Health and Human Services as well as trade secrets data held
by the Food and Drug Administration: GAO requested neither of
these authorities in its proposal last summer, both of which
are aimed at issues of particular interest to the current
majority. Congress has access to that information now and we
are free to share it with GAO.
Further, this bill includes language to expand GAO's
authority to interview agency employees and administer oaths to
witnesses in conjunction with investigations. By increasing
GAO's investigative powers, I am concerned we will trigger a
chilling effect on GAO's relationship with federal agencies--
resulting in agencies being less forthcoming in providing
information and diminishing GAO's role in improving government
operations and promoting best practices in the federal
government.
I hope we can work together on these issues as we have on
others as the bill moves forward.
Tom Davis.
<all>