I
118th CONGRESS
1st Session
H. R. 5300
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.
Short title
This Act may be cited as the GAO Inspector General Parity Act
.
Office of the Inspector General of the Government Accountability Office
Section 705 of title 31, United States Code, is amended—
in subsection (b)—
in paragraph (2)—
by inserting (A)
before The Inspector General
;
in subparagraph (A), as so designated, by striking the second sentence; and
by adding at the end the following:
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.
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—
identify each entity that is conducting, or that conducted, the inquiry; and
in the case of a completed inquiry, contain the findings made during the inquiry.
Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
;
by redesignating paragraph (3) as paragraph (4);
by inserting after paragraph (2) the following:
Subject to the other provisions of this paragraph, only the Comptroller General may place the Inspector General on non-duty status.
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—
the Comptroller General has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and
in the communication, the Comptroller General includes a report on the determination described in clause (i), which shall include—
the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and
in the case of an inquiry described in subclause (II) that is completed, the findings made during that inquiry.
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—
has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and
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.
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
in paragraph (4), as so designated—
by inserting (A)
before The Inspector General
;
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
by adding at the end the following:
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.
;
in subsection (f)—
by striking The Comptroller General
and inserting the following:
Prohibition
The Comptroller General
; and
by adding at the end the following:
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
in subsection (g)—
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
by adding at the end the following:
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.
.