[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5300 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5300
To amend provisions relating to the Office of the Inspector General of
the Government Accountability Office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 29, 2023
Mr. Robert Garcia of California introduced the following bill; which
was referred to the Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend provisions relating to the Office of the Inspector General of
the Government Accountability Office, 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 ``GAO Inspector General Parity Act''.
SEC. 2. OFFICE OF THE INSPECTOR GENERAL OF THE GOVERNMENT
ACCOUNTABILITY OFFICE.
Section 705 of title 31, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``(A)'' before ``The
Inspector General'';
(ii) in subparagraph (A), as so designated,
by striking the second sentence; and
(iii) by adding at the end the following:
``(B) If the Inspector General is removed from office or is
transferred to another position or location within the
Government Accountability Office, the Comptroller General shall
communicate in writing the substantive rationale, including
detailed and case-specific reasons, for any such removal or
transfer to both Houses of Congress (including to the
appropriate congressional committees), not later than 30 days
before the removal or transfer.
``(C) If there is an open or completed inquiry into the
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under subparagraph (B) shall--
``(i) identify each entity that is conducting, or
that conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain
the findings made during the inquiry.
``(D) Nothing in this paragraph shall prohibit a personnel
action otherwise authorized by law, other than transfer or
removal.'';
(B) by redesignating paragraph (3) as paragraph
(4);
(C) by inserting after paragraph (2) the following:
``(3)(A) Subject to the other provisions of this paragraph,
only the Comptroller General may place the Inspector General on
non-duty status.
``(B) If the Comptroller General places the Inspector
General on non-duty status, the Comptroller General shall
communicate in writing the substantive rationale, including
detailed and case-specific reasons, for the change in status to
both Houses of Congress (including to the appropriate
congressional committees) not later than 15 days before the
date on which the change in status takes effect, except that
the Comptroller General may submit that communication not later
than the date on which the change in status takes effect if--
``(i) the Comptroller General has made a
determination that the continued presence of the
Inspector General in the workplace poses a specific
threat; and
``(ii) in the communication, the Comptroller
General includes a report on the determination
described in clause (i), which shall include--
``(I) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(II) an identification of each entity
that is conducting, or that conducted, any
inquiry upon which the determination under
clause (i) was made; and
``(III) in the case of an inquiry described
in subclause (II) that is completed, the
findings made during that inquiry.
``(C) The Comptroller General may not place the Inspector
General on non-duty status during the 30-day period preceding
the date on which the Inspector General is removed or
transferred under paragraph (2)(A) unless the Comptroller
General--
``(i) has made a determination that the continued
presence of the Inspector General in the workplace
poses a specific threat; and
``(ii) not later than the date on which the change
in status takes effect, submits to both Houses of
Congress (including to the appropriate congressional
committees) a written communication that contains the
information required under subparagraph (B), including
the report required under clause (ii) of that
subparagraph.
``(D) Nothing in this paragraph may be construed to limit
or otherwise modify any statutory protection that is afforded
to the Inspector General or a personnel action that is
otherwise authorized by law.''; and
(D) in paragraph (4), as so designated--
(i) by inserting ``(A)'' before ``The
Inspector General'';
(ii) in subparagraph (A), as so designated,
by striking ``be paid at an annual rate of pay
equal to $5,000 less than the annual rate of
pay of the Comptroller General'' and inserting
``have a rate of basic pay that is not less
than the average rate of basic pay of all other
employees of the Government Accountability
Office in positions established under section
732a or 733 of this title''; and
(iii) by adding at the end the following:
``(B) The Comptroller General shall establish the amount of
the annual adjustment of the rate of basic pay for the
Inspector General in an amount equal to the average of the
annual adjustments in the rate of basic pay provided pursuant
to section 733(a)(3)(b) of this title to all other employees in
positions established under section 732a or 733 of this
title.'';
(2) in subsection (f)--
(A) by striking ``The Comptroller General'' and
inserting the following:
``(1) Prohibition.--The Comptroller General''; and
(B) by adding at the end the following:
``(2) Budget independence.--The Comptroller General shall
include the annual budget request of the Inspector General in
the budget of the Government Accountability Office without
change.''; and
(3) in subsection (g)--
(A) in paragraph (1), in the second sentence, by
striking ``, 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''; and
(B) by adding at the end the following:
``(5) Legal advice.--The Inspector General shall, in
accordance with applicable laws and regulations governing
selections, appointments, and employment at the Government
Accountability Office, obtain legal advice from a counsel
reporting directly to the Inspector General or another
Inspector General.''.
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