Inspector General Reform Act of 2008

A bill to amend the Inspector General Act of 1978 (5 U.S.C. App.) to enhance the Offices of the Inspectors General, to create a Council of the Inspectors General on Integrity and Efficiency, and for other purposes.

4/23/2008--Passed Senate amended. Inspector General Reform Act of 2008 -
(Sec. 2) Amends the Inspector General Act of 1978 to require Inspectors General (IGs) for designated federal entities to be appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.

(Sec. 3) Requires the President, the heads of designated federal entities, the Librarian of Congress, the Capitol Police Board, and the Public Printer to communicate to Congress in writing the reasons for removing or transferring an IG no later than 30 days before such removal or transfer.
Provides that the IG of the U.S. Capitol Police may be transferred from office only by the unanimous vote of the Capitol Police Board.

(Sec. 4) Sets the pay for presidentially appointed IGs at Executive Schedule III plus 3%. Requires IGs of designated federal entities to be classified at a grade, level, or rank designation at or above those of a majority of the senior level executives of their entity. Prohibits the pay of such IG from being less than the average total compensation of the senior level executives of that entity calculated on an annual basis.

(Sec. 5) Prohibits IGs from receiving cash awards or bonuses.

(Sec. 6) Requires each IG to:
(1) obtain legal advice from a counsel either reporting directly to the IG or another IG; and
(2) appoint a Counsel to the IG who shall report to the IG or obtain the services of a counsel appointed by and directly reporting to another IG or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.

(Sec. 7) Establishes within the executive branch the Council of the Inspectors General on Integrity and Efficiency to:
(1) address integrity, economy, and effectiveness issues that transcend individual government agencies; and
(2) 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 IG offices. Requires the Council to:
(1) continually identify, review, and discuss areas of weakness and vulnerability in federal programs and operations with respect to fraud, waste, and abuse;
(2) develop plans for coordinated, government-wide activities that address these problems and promote economy and efficiency in federal programs and operations;
(3) develop policies that will aid in the maintenance of a corps of well-trained and highly skilled IG office personnel;
(4) maintain electronic systems for the benefit of all IGs and one or more academies for the professional training of auditors, investigators, inspectors, evaluators, and other personnel;
(5) submit individuals' recommendations for any IG appointment to the appropriate authority; and
(6) report to Congress.
Allows the Council's Executive Chairperson to authorize the use of interagency funding for:
(1) government-wide training of IG office employees; and
(2) the functions of the Integrity Committee of the Council.
Establishes an Integrity Committee for the Council to review and refer for investigation allegations of wrongdoing that are made against IGs and IG office staff members. Sets forth requirements concerning when an IG must refer allegations against its staff to the Committee. Requires investigations to be conducted in accordance with the most current Quality Standards for Investigations issued by the Council or its predecessors. Requires the Committee, in conjunction with the Council Chairperson, to establish additional policies and procedures necessary to ensure fairness and consistency in:
(1) determining whether to initiate investigations;
(2) conducting investigations;
(3) reporting the results of investigations; and
(4) providing people who are subjects of investigations with opportunities to respond to Committee reports.
Sets forth reporting requirements for the Committee and the Council. Requires the Council to provide detailed information about specific allegations upon request from the chairperson or ranking member of the Senate Committee on Homeland Security, the House Committee on Oversight and Government Reform, and the congressional committees of jurisdiction.
Provides that an allegation against the Special Counsel of the Office of Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Committee to the same extent and in the same manner as an allegation against an IG.
Declares that:
(1) this Act does not eliminate access to the Merit Systems Protection for review; and
(2) Executive Order 12805, dated May 11, 1992, and Executive Order 12993, dated March 21, 1996, have no force or effect. Requires the IG to adopt policies and procedures to implement this Act that include, to the maximum extent practicable, all provisions in such orders.

(Sec. 8) Requires:
(1) each IG to annually transmit a budget estimate and request to the head of the entity to which he or she reports;
(2) such requests to specify the funds requested for operations, training needs, and Council support;
(3) the head of each entity to include in a proposed budget to the President amounts for such purposes and its IG's comments on the proposal; and
(4) the President to include in each U.S. budget submitted to Congress a statement of each IG's budget estimates, the amounts for such purposes requested by the President, and any comments of an IG who concludes that the budget submitted would substantially inhibit the IG from performing the duties of office.

(Sec. 10) Includes designated federal entities within the definition of "authority" for purposes of provisions concerning administrative remedies for false claims and statements.

(Sec. 11) Empowers IGs of designated federal entities with the same law enforcement authority provided to other IGs.
(Sec. 12) Provides for the application of semiannual reporting requirements concerning the activities of IG offices to inspection and evaluation reports.

(Sec. 13) Requires agencies to maintain on their website homepages direct links to the website of their IG office. Requires each IG to:
(1) post reports and audits no later than three working days after such reports or audits are made publicly available; and
(2) maintain a direct link on the office's website homepage for individuals to report waste, fraud, and abuse. Provides that reporting individuals shall not be required to provide personally identifying information. Prohibits agency IGs from disclosing the identity of any individual making a report without consent unless such a disclosure is unavoidable during the course of the investigation.

(Sec. 14) Considers each IG office to be a separate federal agency.
Authorizes the Treasury Inspector General for Tax Administration to help provide physical security for Internal Revenue Service (IRS) employees.

(Sec. 15) Requires the Government Accountability Office (GAO) to report:
(1) to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Government Reform on the adequacy of mechanisms to ensure accountability of IG offices; and
(2) to the congressional committees of jurisdiction on the implementation IG pay provisions.


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Sponsor

• Sen. Claire McCaskill [D, MO]
• and 11 Co-Sponsors
  • Sen. Daniel Akaka [D, HI]
  • Sen. Thomas Carper [D, DE]
  • Sen. Hillary Clinton [D, NY]
  • Sen. Thomas Coburn [R, OK]
  • Norm Coleman
  • Sen. Susan Collins [R, ME]
  • Sen. Charles Grassley [R, IA]
  • Sen. Carl Levin [D, MI]
  • Sen. Joseph Lieberman [I, CT]
  • Barack Obama
  • Ted Stevens
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Committees

• Senate Homeland Security and Governmental Affairs

Amendments

This bill has 1 amendments. See All AmendmentsHide All Amendments

Amendments to S.2324

Number	Status	Purpose
S.Amdt.4575	Pass	To modify provisions relating to transfers and removals, duties of counsel, and comments on budget submissions, and for other purposes.

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
November 08, 2007		April 23, 2008

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All Bill Actions

• Apr 24, 2008: Held at the desk.
• Apr 24, 2008: Received in the House.
• Apr 24, 2008: Message on Senate action sent to the House.
• Passed by Unanimous Consent in the Senate on Apr 23, 2008. Passed Senate with amendments by Unanimous Consent.
• Apr 23, 2008: Measure laid before Senate by unanimous consent.
• Added to calendar on Feb 22, 2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 578..
• Feb 22, 2008: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman under authority of the order of the Senate of 02/14/2008 with amendments. With written report No. 110-262.
• Nov 14, 2007: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
• Added to calendar on Nov 14, 2007: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably..
• Nov 08, 2007: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
• Nov 08, 2007: Sponsor introductory remarks on measure. (CR S14193-14194)
• Introduced on Nov 08, 2007.
• Nov 08, 2007: Sponsor introductory remarks on measure. (CR S14194-14198)

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Related Bills:

• H.R.928

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In the News

May 09, 2008 Pentagon IG’s Handling of Tenebaum Raises Troubling Questions;

Legislation to amend and improve the IG law (S.2324), as well as the Senate Armed Services authorization bill, both address this situation and would require ...

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Source: Common Dreams (press release), ME

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May 02, 2008 Inspectors General May Get More Power

The Senate on April 23 approved, by unanimous consent, S. 2324, the Inspector General Reform Act of 2008. But the bill passed only after the lawmakers ...

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Source: Law.com (subscription), CA

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April 26, 2008 Senate votes unanimously to protect watchdogs

Claire McCaskill, D-Mo., one of the authors of S. 2324. The Senate bill leaves out several provisions contained in a similar bill passed in the House last ...

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Source: RINF.COM, UK

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Blog Coverage

October 17, 2008 WashingtonWatch.com - P.L. 110-409, The Improving Government ...

The Inspector General Reform Act of 2007 (S. 2324) · The Improving Government Accountability Act (S. 1723). See Bills on the Same Subject: Administrative procedure, Administrative remedies, Appropriations, Auditing, Awards, medals, ...

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Source: WashingtonWatch.com - Comments for S. 2544,...

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October 17, 2008 WashingtonWatch.com - P.L. 110-409, The Improving Government ...

The Inspector General Reform Act of 2007 (S. 2324) · The Improving Government Accountability Act (S. 1723). See Bills on the Same Subject: Administrative procedure, Administrative remedies, Appropriations, Auditing, Awards, medals, ...

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Source: WashingtonWatch.com - New Laws

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September 24, 2008 A Lot Of Talk About Nothing : Slobokan’s Site O’ Schtuff

S. 2324– Inspector General Reform Act of 2008. H.R. 6406 - To elevate the Inspector General of the Commodity Futures Trading Commission to an Inspector General appointed pursuant to section 3 of the Inspector General Act of 1978 ...

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Source: Slobokan's Site O' Schtuff

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