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.

November 6, 2003

Mr. COOPER (for himself and Mr. SHAYS) introduced the following bill; which was referred to the Committee on Government Reform

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

`(v) a description of any appeal or other rights which may be available.

`(B) The Inspector General may, in writing, shorten the period of advance notice required under subparagraph (A) with respect to a particular reduction in force, if necessary because of circumstances not reasonably foreseeable, except that such period may not be less than 30 days.

`(g) The regulations under subsection (g) shall include provisions under which, at the discretion of the Inspector General, the opportunity to separate voluntarily (in order to permit the retention of an individual occupying a similar position) shall, with respect to the Office, be available to the same extent and in the same manner as described in subsection (f)(1)-(4) of section 3502 of title 5 (with respect to the Department of Defense or a military department).

`(h) Nothing in this section shall be considered to supersede or to constitute authority for the Office of Personnel Management to supersede (by regulation or otherwise) any provision of section 7, 8C(b), or 8F(a)(1), or of subsection (c), (f)(1), or (g)(2) of section 8G.'.

(b) SENIOR EXECUTIVE SERVICE- In the application of section 3133 of title 5, United States Code (and every other provision of such title 5 which relates to the Senior Executive Service, as identified by the Office of Personnel Management in regulations)--

(1) each Office of Inspector General shall be considered to be a separate agency; and

(2) any reference to an agency head shall, with respect to an Office of Inspector General, be considered to refer to the Inspector General who is the head of such Office.

(c) VOLUNTARY SEPARATION- In the application of section 8336 and section 8414 of title 5, United States Code--

(1) each Office of Inspector General shall be considered to be a separate agency; and

(2) any Office of Inspector General shall, with respect to an Office of Inspector General, be considered to refer to the Inspector General who is the head of such Office.

SEC. 6. SUBMISSION OF REPORTS TO CONGRESS; AMENDMENT TO REPORTING PERIOD.

Section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking the language preceding paragraph (1) and inserting the following language: `Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved and to the appropriate committees and subcommittees of Congress not later than January 31 and July 31 of each year. Within 30 days after receipt of the report, the head of establishment involved may submit a report to the appropriate committees and subcommittees of Congress containing--'.

END