Home > 106th Congressional Bills > H.R. 3458 (ih) To reduce the incidence of child abuse and neglect, and for other purposes. [Introduced in House] ...H.R. 3458 (ih) To reduce the incidence of child abuse and neglect, and for other purposes. [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 3457
To amend the Inspector General Act of 1978 (5 U.S.C. App.) to enhance
the independence of the Inspectors General, create a Council of the
Inspectors General on Integrity and Efficiency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 6, 2003
Mr. Cooper (for himself and Mr. Shays) introduced the following bill;
which was referred to the Committee on Government Reform
_______________________________________________________________________
A BILL
To amend the Inspector General Act of 1978 (5 U.S.C. App.) to enhance
the independence of the Inspectors General, create a Council of the
Inspectors General on Integrity and Efficiency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Government Accountability
Act of 2003''.
SEC. 2. ENHANCING INDEPENDENCE OF INSPECTORS GENERAL.
(a) Removal for Cause.--The Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in section 3(b) by adding at the end the following:
``An Inspector General may be removed from office prior to the
expiration of his term on the following grounds:
``(1) permanent disability;
``(2) inefficiency;
``(3) neglect of duty;
``(4) malfeasance; or
``(5) conviction of a felony or conduct involving moral
turpitude.''; and
(2) in section 8G(e) by adding at the end the following:
``An Inspector General may be removed from office prior to the
expiration of his term on the following grounds:
``(1) permanent disability;
``(2) inefficiency;
``(3) neglect of duty;
``(4) malfeasance; or
``(5) conviction of a felony or conduct involving moral
turpitude.''.
(b) Establishment of Terms of Office.--The Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in section 3 by adding after subsection (d) the
following new subsection:
``(e) The term of office of each Inspector General shall be seven
years. Any individual appointed to fill a vacancy in such position,
occurring before the expiration of the term for which his predecessor
was appointed, shall be appointed for the remainder of that term.'';
and
(2) in section 8G by adding to the end of subsection (c)
the following: ``The term of office of each Inspector General
shall be seven years. Any individual appointed to fill a
vacancy in such position, occurring before the expiration of
the term for which his predecessor was appointed, shall be
appointed for the remainder of that term.''.
SEC. 3. DIRECT SUBMISSION OF BUDGET REQUESTS TO CONGRESS.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended in
section 6 by adding at the end the following new subsection:
``(f) For each fiscal year, an Inspector General may transmit an
appropriation estimate and request to the Office of Management and
Budget and to the appropriate committees or subcommittees of Congress,
in addition to any appropriation estimate and request submitted to the
head of the establishment involved. Each budget of the United States
Government submitted by the President shall include a separate
statement of the amount of appropriations requested by each Inspector
General who has submitted an appropriation estimate and request to
Congress. Each such budget shall also include a statement providing a
comparison of the appropriation estimate and request submitted by an
Inspector General and the funds requested by the head of the
establishment involved.''.
SEC. 4. ESTABLISHMENT OF COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY
AND EFFICIENCY.
(a) Establishment.--The Inspector General Act of 1978 (5 U.S.C.
App.) is amended by redesignating sections 11 and 12 in order as
sections 12 and 13, and by inserting after section 10 the following new
section:
``SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY.
``(a) Establishment.--There is established as an independent entity
within the executive branch the Council of the Inspectors General on
Integrity and Efficiency (in this Act referred to as the `Council').
The Council's mission will be to increase the professionalism and
effectiveness of personnel by developing policies, standards, and
approaches to aid in the establishment of a well-trained and highly
skilled workforce in the offices of the Inspectors General.
``(b) Membership.--
``(1) In general.--The Council shall consist of the
following members:
``(A) All Inspectors General whose offices were
established in the Inspector General Act of 1978 and
subsequent amendments.
``(B) The Controller of the Office of Federal
Financial Management.
``(C) The Associate Deputy Director for
Investigations of the Federal Bureau of Investigation.
``(D) The Director of the Office of Government
Ethics.
``(E) The Special Counsel of the Office of Special
Counsel.
``(F) The Deputy Director of the Office of
Personnel Management.
``(G) The Deputy Director for Management of the
Office of Management and Budget.
``(c) Chair.--The chairman of the Council shall be chosen from
among the Inspectors General by a majority of the Inspectors General
and shall serve as chair of the Council for a three-year period.
``(d) Meetings.--The Council shall meet at least semiannually, at
the call of chair.
``(e) Functions and Duties.--
``(1)(A) The Council shall continually identify, review,
and discuss areas of weakness and vulnerability in Federal
programs and operations to fraud, waste, and abuse, and shall
develop plans for coordinated, government-wide activities that
address these problems and promote economy and efficiency in
Federal programs and operations. These activities will include
interagency and interentity audit and investigation programs
and projects to deal efficiently and effectively with those
problems concerning fraud and waste that exceed the capability
of jurisdiction of an individual agency or entity. The Council
shall recognize the preeminent role of the Department of
Justice in law enforcement and litigation.
``(B) The Council shall develop policies that will aid in
the establishment of a corps of well-trained and highly skilled
Office of Inspector General staff members.
``(2) Individual members of the Council should, to the
extent permitted under law, adhere to professional standards
developed by the Councils and participate in the plans,
programs, and projects of the Councils.
``(3) The creation and operation of the Council shall
neither interfere with existing authority and responsibilities
in the relevant agencies and entities nor augment or diminish
the statutory authority or responsibilities of individual
members of the Council.
``(f) Responsibilities of the Chair.--
``(1) The Chair may appoint a Vice Chair to assist in
carrying out the functions of the Council.
``(2) The Chair shall, in consultation with the members of
the Council, establish the agenda for Council activities.
``(3) The Chair shall, on behalf of the Council, report to
the President on the activities of the Council. The Chair
shall, as appropriate, advise the Council with respect to the
President's consideration of the Council's activities.
``(4) The Chair shall provide agency and entity heads with
summary reports of the activities of the Council.
``(5) The Chair shall establish, in consultation with
members of the Council, such committees as deemed necessary and
appropriate for the efficient conduct of Council functions.''.
(b) Existing Executive Order.--Executive Order 12805, dated May 14,
1992, shall have no force or effect.
(c) Conforming Amendments.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in sections 2(1), 4(b)(2), and 8G(a)(1)(A) by striking
``section 11(2)'' each place it appears and inserting ``section
12(2)''; and
(2) in section 8G(a), in the matter preceding paragraph
(1), by striking ``section 11'' and inserting ``section 12''.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000 for each of fiscal
years 2005 through 2009.
SEC. 5. PERSONNEL FLEXIBILITIES.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended by inserting after section 3 the following:
``personnel management system
``Sec. 3A. (a) The Office of Personnel Management shall maintain a
personnel management system, which, except as otherwise expressly
provided in this Act, shall apply to the officers and employees of the
various Offices of Inspector General. The Office of Personnel
Management may prescribe a regulation about the system only after
notice and opportunity for public comment. A reprisal or threat of
reprisal may not be made against an officer or employee of an Office of
Inspector General because of comments on a proposed regulation about
the system.
``(b) The personnel management system shall--
``(1) include the principles of section 2301(b) of title 5;
``(2) prohibit personnel practices prohibited under section
2302(b) of title 5;
``(3) prohibit political activities prohibited under
subchapter III of chapter 73 of title 5;
``(4) ensure that officers and employees are 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; and
``(5) provide that an Inspector General may, in his or her
discretion, fix basic pay of officers and employees (apart from
those whose basic pay is otherwise fixed by law) in a manner
consistent with section 5301 of title 5.
``(c) Under the personnel management system--
``(1) the Office of Personnel Management shall publish a
schedule of basic pay rates for positions to which such system
applies;
``(2) the highest basic pay rate under the pay schedule may
not exceed the highest rate of basic pay for GS-15;
``(3) except as provided under section 5349(a) of title 5,
rates of basic pay of officers and employees who are subject to
such system shall be adjusted at the same time and to the same
extent as are rates of basic pay rates under the General
Schedule; and
``(4) officers and employees who are subject to such system
shall be entitled to grade and basic pay retention consistent
with subchapter VI of chapter 53 of title 5.
``(d) The personnel management system shall provide--
``(1) for a system of performance appraisals that meets the
requirements of section 4302 of title 5;
``(2) for the reduction in grade or removal of an officer
or employee because of unacceptable performance, consistent
with section 4303 of title 5;
``(3) for other personnel actions consistent with chapter
75 of title 5; and
``(4) a procedure for processing complaints and grievances
not otherwise provided for under paragraphs (2) and (3) of this
subsection or subsection (e)(1) of this section.
``(e)(1) The personnel management system shall--
``(A) provide that all personnel actions affecting an
officer, employee, or applicant for employment be taken without
regard to race, color, religion, age, sex, national origin,
political affiliation, marital status, or handicapping
condition; and
``(B) include a minority recruitment program consistent
with section 7201 of title 5.
``(2) Nothing in this section shall affect--
``(A) a right or remedy of an officer, employee, or
applicant for employment under a law prohibiting discrimination
in employment in the Government on the basis of race, color,
religion, age, sex, national origin, political affiliation,
marital status, or handicapping condition; or
``(B) a lawful effort to achieve equal employment
opportunity through affirmative action.
``(f)(1)(A) The Office of Personnel Management shall prescribe
regulations, consistent with regulations issued under section 3502(a)
of title 5, for the separation of officers or employees of an Office
during a reduction in force or other adjustment in force.
``(B) The regulations shall, in descending order of priority, give
effect to--
``(i) tenure of employment;
``(ii) military preference, subject to section 3501(a)(3)
of title 5;
``(iii) veterans' preference, in accordance with
subsections (b) and (c) of 3502 of title 5;
``(iv) performance ratings;
``(v) length of service, computed in accordance with the
second sentence of section 3502(a) of title 5; and
``(vi) other objective factors, such as skills and
knowledge, that the relevant Inspector General considers
necessary and appropriate to realign the Office's workforce in
order to meet current and future mission needs, to correct
skill imbalances, or to reduce high-grade, managerial, or
supervisory positions.
``(C) Notwithstanding subparagraph (B), the regulations relating to
removal from the Senior Executive Service in a reduction in force or
other adjustment in force shall be consistent with section 3595(a) of
title 5.
``(2)(A) Except as provided in subparagraph (B), an officer or
employee may not be released, due to a reduction force, unless such
officer or employee is given written notice at least 60 days before
such officer or employee is so released. Such notice shall include--
``(i) the personnel action to be taken with respect to the
officer or employee involved;
``(ii) the effective date of the action;
``(iii) a description of the procedures applicable in
identifying officers or employees for release;
``(iv) the officer's or employee's ranking relative to
other competing officers and employees, and how that ranking
was determined; and
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