I 
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 Representa-
tives 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 GEN-
ERAL. 
(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 fol-
lowing: ‘‘An Inspector General may be removed from 
office prior to the expiration of his term on the fol-
lowing 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 amend-
ed—
(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 va-
cancy 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 sub-
section (c) the following: ‘‘The term of office of each 
Inspector General shall be seven years. Any indi-
vidual 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 Of-
fice 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 appro-
priations requested by each Inspector General who has 
submitted an appropriation estimate and request to Con-
gress. 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 sec-
tions 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 IN-
SPECTORS GENERAL ON INTEGRITY AND EF-
FICIENCY. 
‘‘(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 mis-
sion will be to increase the professionalism and effective-
ness 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 Inspec-
tors 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 Fed-
eral Financial Management. 
‘‘(C) The Associate Deputy Director for 
Investigations of the Federal Bureau of Inves-
tigation. 
‘‘(D) The Director of the Office of Govern-
ment 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 Manage-
ment 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 vulner-
ability in Federal programs and operations to fraud, 
waste, and abuse, and shall develop plans for coordi-
nated, 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 in-
vestigation 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 profes-
sional standards developed by the Councils and par-
ticipate in the plans, programs, and projects of the 
Councils. 
‘‘(3) The creation and operation of the Council 
shall neither interfere with existing authority and re-
sponsibilities 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 as-
sist 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 Coun-
cil. The Chair shall, as appropriate, advise the Coun-
cil 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 insert-
ing ‘‘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 sec-
tion 3 the following: 
‘‘PERSONNEL MANAGEMENT SYSTEM 
‘‘SEC. 3A. (a) The Office of Personnel Management 
shall maintain a personnel management system, which, ex-
cept 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 Manage-
ment may prescribe a regulation about the system only
after notice and opportunity for public comment. A re-
prisal or threat of reprisal may not be made against an 
officer or employee of an Office of Inspector General be-
cause of comments on a proposed regulation about the sys-
tem. 
‘‘(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 ap-
pointed, promoted, and assigned only on the basis of 
merit and fitness, but without regard to those provi-
sions 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 oth-
erwise fixed by law) in a manner consistent with sec-
tion 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 employ-
ees 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 pro-
vide—
‘‘(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 perform-
ance, 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 para-
graphs (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 sta-
tus, 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 handi-
capping condition; or 
‘‘(B) a lawful effort to achieve equal employ-
ment 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 offi-
cers 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 con-
siders necessary and appropriate to realign the Of-
fice’s workforce in order to meet current and future 
mission needs, to correct skill imbalances, or to re-
duce high-grade, managerial, or supervisory posi-
tions. 
‘‘(C) Notwithstanding subparagraph (B), the regula-
tions relating to removal from the Senior Executive Serv-
ice 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 no-
tice at least 60 days before such officer or employee is 
so released. Such notice shall include—
‘‘(i) the personnel action to be taken with re-
spect 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 nec-
essary because of circumstances not reasonably foresee-
able, except that such period may not be less than 30 days. 
‘‘(g) The regulations under subsection (g) shall in-
clude provisions under which, at the discretion of the In-
spector General, the opportunity to separate voluntarily 
(in order to permit the retention of an individual occu-
pying 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 Per-
sonnel Management to supersede (by regulation or other-
wise) 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 applica-
tion 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 consid-
ered 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