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S 2324 RS

Calendar No. 578ESCommentsClose CommentsPermalink

110th CONGRESS 2d Session S. 2324

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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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Inspector General Reform Act of [Struck out->]2007[<-Struck out] 2008'.CommentsClose CommentsPermalink

SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GENERAL.

Section 8G(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end `Each Inspector General shall 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.'.CommentsClose CommentsPermalink

SEC. 3. REMOVAL OF INSPECTORS GENERAL.

(a) Establishments- Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking the second sentence and inserting `If an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.'.CommentsClose CommentsPermalink





(b) Designated Federal Entities- Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking `shall promptly communicate in writing the reasons for any such removal or transfer to both Houses of the Congress.' and inserting `shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.'.CommentsClose CommentsPermalink





(c) Legislative Agencies-CommentsClose CommentsPermalink





(1) LIBRARY OF CONGRESS- Section 1307(c)(2) of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185(c)(2)) is amended by striking the second sentence and inserting `If the Inspector General is removed from office or is transferred to another position or location within the Library of Congress, the Librarian of Congress shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.'.CommentsClose CommentsPermalink





(2) CAPITOL POLICE- Section 1004(b) of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 1909(b)) is amended by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





`(3) REMOVAL- The Inspector General may be removed or transferred from office before the expiration of his term only by the unanimous vote of all of the voting members of the Capitol Police Board. If an Inspector General is removed from office or is transferred to another position or location within the Capitol Police, the Capitol Police Board shall communicate in writing the reasons for any such removal or transfer to the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives, not later than 30 days before the removal or transfer. Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.'.CommentsClose CommentsPermalink





(3) GOVERNMENT PRINTING OFFICE- Section 3902(b)(2) of title 44, United States Code, is amended by striking the second sentence and inserting `If the Inspector General is removed from office or is transferred to another position or location within the Government Printing Office, the Public Printer shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.'.CommentsClose CommentsPermalink

SEC. 4. PAY OF INSPECTORS GENERAL.

(a) Inspectors General at Level III of Executive Schedule-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), is amended by adding at the end the following:CommentsClose CommentsPermalink





`(e) The annual rate of basic pay for an Inspector General (as defined under section 11(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent.'.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENTS- Section 5315 of title 5, United States Code, is amended by striking the item relating to each of the following positions:CommentsClose CommentsPermalink





(A) Inspector General, Department of Education.CommentsClose CommentsPermalink





(B) Inspector General, Department of Energy.CommentsClose CommentsPermalink





(C) Inspector General, Department of Health and Human Services.CommentsClose CommentsPermalink





(D) Inspector General, Department of Agriculture.CommentsClose CommentsPermalink





(E) Inspector General, Department of Housing and Urban Development.CommentsClose CommentsPermalink





(F) Inspector General, Department of Labor.CommentsClose CommentsPermalink





(G) Inspector General, Department of Transportation.CommentsClose CommentsPermalink





(H) Inspector General, Department of Veterans Affairs.CommentsClose CommentsPermalink





(I) Inspector General, Department of Homeland Security.CommentsClose CommentsPermalink





(J) Inspector General, Department of Defense.CommentsClose CommentsPermalink





(K) Inspector General, Department of State.CommentsClose CommentsPermalink





(L) Inspector General, Department of Commerce.CommentsClose CommentsPermalink





(M) Inspector General, Department of the Interior.CommentsClose CommentsPermalink





(N) Inspector General, Department of Justice.CommentsClose CommentsPermalink





(O) Inspector General, Department of the Treasury.CommentsClose CommentsPermalink





(P) Inspector General, Agency for International Development.CommentsClose CommentsPermalink





(Q) Inspector General, Environmental Protection Agency.CommentsClose CommentsPermalink





(R) Inspector General, Export-Import Bank.CommentsClose CommentsPermalink





(S) Inspector General, Federal Emergency Management Agency.CommentsClose CommentsPermalink





(T) Inspector General, General Services Administration.CommentsClose CommentsPermalink





(U) Inspector General, National Aeronautics and Space Administration.CommentsClose CommentsPermalink





(V) Inspector General, Nuclear Regulatory Commission.CommentsClose CommentsPermalink





(W) Inspector General, Office of Personnel Management.CommentsClose CommentsPermalink





(X) Inspector General, Railroad Retirement Board.CommentsClose CommentsPermalink





(Y) Inspector General, Small Business Administration.CommentsClose CommentsPermalink





(Z) Inspector General, Tennessee Valley Authority.CommentsClose CommentsPermalink





(AA) Inspector General, Federal Deposit Insurance Corporation.CommentsClose CommentsPermalink





(BB) Inspector General, Resolution Trust Corporation.CommentsClose CommentsPermalink





(CC) Inspector General, Central Intelligence Agency.CommentsClose CommentsPermalink





(DD) Inspector General, Social Security Administration.CommentsClose CommentsPermalink





(EE) Inspector General, United States Postal Service.CommentsClose CommentsPermalink





(3) ADDITIONAL TECHNICAL AND CONFORMING AMENDMENT- Section 194(b) of the National and Community Service Act of 1990 (42 U.S.C. 12651e(b)) is amended by striking paragraph (3).CommentsClose CommentsPermalink





(b) Inspectors General of Designated Federal Entities- Notwithstanding any other provision of law, the Inspector General of each designated Federal entity (as those terms are defined under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)) shall, for pay and all other purposes, be classified at a grade, level, or rank designation, as the case may be, at or above those of a majority of the senior level executives of that designated Federal entity (such as a General Counsel, Chief Information Officer, Chief Financial Officer, Chief Human Capital Officer, or Chief Acquisition Officer). The pay of an Inspector General of a designated Federal entity (as those terms are defined under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)) shall be not less than the average total compensation of the senior level executives of that designated Federal entity calculated on an annual basis.CommentsClose CommentsPermalink





(c) Savings Provision for Newly Appointed Inspectors General- The provisions of section 3392 of title 5, United States Code, other than the terms `performance awards' and `awarding of ranks' in subsection (c)(1) of such section, shall apply to career appointees of the Senior Executive Service who are appointed to the position of Inspector General.CommentsClose CommentsPermalink





(d) Savings Provision- Nothing in this section shall have the effect of reducing the rate of pay of any individual serving on the date of enactment of this section as an Inspector General of--CommentsClose CommentsPermalink





(1) an establishment as defined under section 11(2) of the Inspector General Act of 1978 (5 U.S.C. App.);CommentsClose CommentsPermalink





(2) a designated Federal entity as defined under section 8G(2) of the Inspector General Act of 1978 (5 U.S.C. App.);CommentsClose CommentsPermalink





(3) a legislative agency for which the position of Inspector General is established by statute; orCommentsClose CommentsPermalink





(4) any other entity of the Government for which the position of Inspector General is established by statute.CommentsClose CommentsPermalink

SEC. 5. PROHIBITION OF CASH BONUS OR AWARDS.

Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) (as amended by section 4 of this Act) is further amended by adding at the end the following:CommentsClose CommentsPermalink





`(f) An Inspector General (as defined under section 8G(a)(6) or 11(3)) may not receive any cash award or cash bonus, including any cash award under chapter 45 of title 5, United States Code.'.CommentsClose CommentsPermalink

SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL.

(a) Counsels to Inspectors General of Establishment- Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) (as amended by sections 4 and 5 of this Act) is further amended by adding at the end the following:CommentsClose CommentsPermalink





`(g) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service, obtain legal advice from a counsel either reporting directly to the Inspector General or another Inspector General.'.CommentsClose CommentsPermalink





(b) Counsels to Inspectors General of Designated Federal Entities- Section 8G(g) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(4) Each Inspector General shall, in accordance with applicable laws and regulations governing appointments within the designated Federal entity, appoint a Counsel to the Inspector General who shall report to the Inspector General or obtain the services of a counsel appointed by and directly reporting to another Inspector General or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.'.CommentsClose CommentsPermalink





(c) Rule of Construction- Nothing in the amendments made by this section shall be construed to alter the duties and responsibilities of the counsel for any establishment or designated Federal entity.CommentsClose CommentsPermalink

SEC. 7. 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 as sections 12 and 13, respectively, and by inserting after section 10 the following:CommentsClose CommentsPermalink

`SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.

`(a) Establishment and Mission-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- There is established as an independent entity within the executive branch the Council of the Inspectors General on Integrity and Efficiency (in this section referred to as the `Council').CommentsClose CommentsPermalink





`(2) MISSION- The mission of the Council shall be to--CommentsClose CommentsPermalink





`(A) address integrity, economy, and effectiveness issues that transcend individual Government agencies; andCommentsClose CommentsPermalink





`(B) 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.CommentsClose CommentsPermalink





`(b) Membership-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Council shall consist of the following members:CommentsClose CommentsPermalink





`(A) All Inspectors General whose offices are established under--CommentsClose CommentsPermalink





`(i) section 2; orCommentsClose CommentsPermalink





`(ii) section 8G.CommentsClose CommentsPermalink





`(B) The Inspectors General of the Office of the Director of National Intelligence and the Central Intelligence Agency.CommentsClose CommentsPermalink





`(C) The Controller of the Office of Federal Financial Management.CommentsClose CommentsPermalink





`(D) A senior level official of the Federal Bureau of Investigation designated by the Director of the Federal Bureau of Investigation.CommentsClose CommentsPermalink





`(E) The Director of the Office of Government Ethics.CommentsClose CommentsPermalink





`(F) The Special Counsel of the Office of Special Counsel.CommentsClose CommentsPermalink





`(G) The Deputy Director of the Office of Personnel Management.CommentsClose CommentsPermalink





`(H) The Deputy Director for Management of the Office of Management and Budget.CommentsClose CommentsPermalink





`(I) The Office of Inspectors General of the Library of Congress, Capitol Police, and the Government Printing Office.CommentsClose CommentsPermalink





`(J) Any other members designated by the President.CommentsClose CommentsPermalink





`(2) CHAIRPERSON AND EXECUTIVE CHAIRPERSON-CommentsClose CommentsPermalink





`(A) EXECUTIVE CHAIRPERSON- The Deputy Director for Management of the Office of Management and Budget shall be the Executive Chairperson of the Council.CommentsClose CommentsPermalink





`(B) CHAIRPERSON- The Council shall elect 1 of the Inspectors General referred to in paragraph (1)(A) or (B) to act as Chairperson of the Council. The term of office of the Chairperson shall be 2 years.CommentsClose CommentsPermalink





`(3) FUNCTIONS OF CHAIRPERSON AND EXECUTIVE CHAIRPERSON-CommentsClose CommentsPermalink





`(A) EXECUTIVE CHAIRPERSON- The Executive Chairperson shall--CommentsClose CommentsPermalink





`(i) preside over meetings of the Council;CommentsClose CommentsPermalink





`(ii) provide to the heads of agencies and entities represented on the Council summary reports of the activities of the Council; andCommentsClose CommentsPermalink





`(iii) provide to the Council such information relating to the agencies and entities represented on the Council as assists the Council in performing its functions.CommentsClose CommentsPermalink





`(B) CHAIRPERSON- The Chairperson shall--CommentsClose CommentsPermalink





`(i) convene meetings of the Council--CommentsClose CommentsPermalink





`(I) at least 6 times each year;CommentsClose CommentsPermalink





`(II) monthly to the extent possible; andCommentsClose CommentsPermalink





`(III) more frequently at the discretion of the Chairperson;CommentsClose CommentsPermalink





`(ii) exercise the functions and duties of the Council under subsection (c);CommentsClose CommentsPermalink





`(iii) appoint a Vice Chairperson to assist in carrying out the functions of the Council and act in the absence of the Chairperson, from a category of Inspectors General described in subparagraph (A)(i), (A)(ii), or (B) of paragraph (1), other than the category from which the Chairperson was elected;CommentsClose CommentsPermalink





`(iv) make such payments from funds otherwise available to the Council as may be necessary to carry out the functions of the Council;CommentsClose CommentsPermalink





`(v) select, appoint, and employ personnel as needed to carry out the functions of the Council subject to the availability of appropriations and the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates;CommentsClose CommentsPermalink





`(vi) to the extent and in such amounts as may be provided in advance by appropriations Acts, enter into contracts and other arrangements with public agencies and private persons to carry out the functions and duties of the Council;CommentsClose CommentsPermalink





`(vii) establish, in consultation with the members of the Council, such committees as determined by the Chairperson to be necessary and appropriate for the efficient conduct of Council functions; andCommentsClose CommentsPermalink





`(viii) prepare and transmit a report annually on behalf of the Council to the President on the activities of the Council.CommentsClose CommentsPermalink





`(c) Functions and Duties of Council-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Council shall--CommentsClose CommentsPermalink





`(A) continually identify, review, and discuss areas of weakness and vulnerability in Federal programs and operations with respect to fraud, waste, and abuse;CommentsClose CommentsPermalink





`(B) develop plans for coordinated, governmentwide activities that address these problems and promote economy and efficiency in Federal programs and operations, including interagency and interentity audit, investigation, inspection, and evaluation programs and projects to deal efficiently and effectively with those problems concerning fraud and waste that exceed the capability or jurisdiction of an individual agency or entity;CommentsClose CommentsPermalink





`(C) develop policies that will aid in the maintenance of a corps of well-trained and highly skilled Office of Inspector General personnel;CommentsClose CommentsPermalink





`(D) maintain an Internet website and other electronic systems for the benefit of all Inspectors General, as the Council determines are necessary or desirable;CommentsClose CommentsPermalink





`(E) maintain 1 or more academies as the Council considers desirable for the professional training of auditors, investigators, inspectors, evaluators, and other personnel of the various offices of Inspector General;CommentsClose CommentsPermalink





`(F) submit recommendations of [Struck out->]3[<-Struck out] individuals to the appropriate appointing authority for any appointment to an office of Inspector General described under subsection (b)(1)(A) or (B);CommentsClose CommentsPermalink





`(G) make such reports to Congress as the Chairperson determines are necessary or appropriate; andCommentsClose CommentsPermalink





`(H) perform other duties within the authority and jurisdiction of the Council, as appropriate.CommentsClose CommentsPermalink





`(2) ADHERENCE AND PARTICIPATION BY MEMBERS- To the extent permitted under law, and to the extent not inconsistent with standards established by the Comptroller General of the United States for audits of Federal establishments, organizations, programs, activities, and functions, each member of the Council shall adhere to professional standards developed by the Council and participate in the plans, programs, and projects of the Council, as appropriate.CommentsClose CommentsPermalink





`(3) ADDITIONAL ADMINISTRATIVE AUTHORITIES-CommentsClose CommentsPermalink





`(A) INTERAGENCY FUNDING- Notwithstanding section 1532 of title 31, United States Code, or any other provision of law prohibiting the interagency funding of activities described under subclause [Struck out->](I) or (II)[<-Struck out] (I), (II), or (III) of clause (i), in the performance of the responsibilities, authorities, and duties of the Council--CommentsClose CommentsPermalink





`(i) the Executive Chairperson may authorize the use of interagency funding for--CommentsClose CommentsPermalink





`(I) Governmentwide training of employees of the Offices of the Inspectors General;CommentsClose CommentsPermalink





`(II) the functions of the Integrity Committee of the Council; andCommentsClose CommentsPermalink





`(III) any other authorized purpose determined by the Council; andCommentsClose CommentsPermalink





`(ii) upon the authorization of the Executive Chairperson, any department, agency, or entity of the [Struck out->]United States Government[<-Struck out] executive branch which has a member on the Council shall fund or participate in the funding of such activities.CommentsClose CommentsPermalink





`(B) SUPERSEDING PROVISIONS- No provision of law enacted after the date of enactment of this subsection shall be construed to limit or supersede the authority under paragraph (1), unless such provision makes specific reference to the authority in that paragraph.CommentsClose CommentsPermalink





`(4) EXISTING AUTHORITIES AND RESPONSIBILITIES- The establishment and operation of the Council shall not affect--CommentsClose CommentsPermalink





`(A) the role of the Department of Justice in law enforcement and litigation;CommentsClose CommentsPermalink





`(B) the authority or responsibilities of any Government agency or entity; andCommentsClose CommentsPermalink





`(C) the authority or responsibilities of individual members of the Council.CommentsClose CommentsPermalink





`(d) Integrity Committee-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- The Council shall have an Integrity Committee, which shall receive, review, and refer for investigation allegations of wrongdoing that are made against Inspectors General and [Struck out->]certain[<-Struck out] staff members of the various Offices of Inspector General described under paragraph (4)(C).CommentsClose CommentsPermalink





`(2) MEMBERSHIP- The Integrity Committee shall consist of the following members:CommentsClose CommentsPermalink





`(A) The official of the Federal Bureau of Investigation serving on the Council, who shall serve as Chairperson of the Integrity Committee.CommentsClose CommentsPermalink





`(B) Three or more Inspectors General described in subparagraph (A) or (B) of subsection (b)(1) appointed by the Chairperson of the Council, representing both establishments and designated Federal entities (as that term is defined in section 8G(a)).CommentsClose CommentsPermalink





`(C) The Special Counsel of the Office of Special Counsel.CommentsClose CommentsPermalink





`(D) The Director of the Office of Government Ethics.CommentsClose CommentsPermalink





`(3) LEGAL ADVISOR- The Chief of the Public Integrity Section of the Criminal Division of the Department of Justice, or his designee, shall serve as a legal advisor to the Integrity Committee.CommentsClose CommentsPermalink





`(4) REFERRAL OF ALLEGATIONS-CommentsClose CommentsPermalink





`(A) REQUIREMENT- An Inspector General shall refer to the Integrity Committee any allegation of wrongdoing against a staff member of the office of that Inspector General, if--CommentsClose CommentsPermalink





`(i) review of the substance of the allegation cannot be assigned to an agency of the executive branch with appropriate jurisdiction over the matter; andCommentsClose CommentsPermalink





`(ii) the Inspector General determines that--CommentsClose CommentsPermalink





`(I) an objective internal investigation of the allegation is not feasible; orCommentsClose CommentsPermalink





`(II) an internal investigation of the allegation may appear not to be objective.CommentsClose CommentsPermalink





`(B) DEFINITION- In this paragraph the term `staff member' means--CommentsClose CommentsPermalink





`(i) any employee of an Office of Inspector General who reports directly to an Inspector General; orCommentsClose CommentsPermalink





`(ii) who is designated by an Inspector General under subparagraph (C).CommentsClose CommentsPermalink





`(C) DESIGNATION OF STAFF MEMBERS- Each Inspector General shall annually submit to the Chairperson of the Integrity Committee a designation of positions whose holders are staff members for purposes of subparagraph (B).CommentsClose CommentsPermalink





`(5) REVIEW OF ALLEGATIONS- The Integrity Committee shall--CommentsClose CommentsPermalink





`(A) review all allegations of wrongdoing the Integrity Committee receives against an Inspector General, or against [Struck out->]an employee[<-Struck out] a staff member of an Office of Inspector General described under paragraph (4)(C);CommentsClose CommentsPermalink





`(B) refer any allegation of wrongdoing to the agency of the executive branch with appropriate jurisdiction over the matter; andCommentsClose CommentsPermalink





`(C) refer to the Chairperson of the Integrity Committee any allegation of wrongdoing determined by the Integrity Committee under subparagraph (A) to be potentially meritorious that cannot be referred to an agency under subparagraph (B).CommentsClose CommentsPermalink





`(6) AUTHORITY TO INVESTIGATE ALLEGATIONS-CommentsClose CommentsPermalink





`(A) REQUIREMENT- The Chairperson of the Integrity Committee shall cause a thorough and timely investigation of each allegation referred under paragraph (5)(C) to be conducted in accordance with this paragraph.CommentsClose CommentsPermalink





`(B) RESOURCES- At the request of the Chairperson of the Integrity Committee, the head of each agency or entity represented on the Council--CommentsClose CommentsPermalink





`(i) may provide resources necessary to the Integrity Committee; andCommentsClose CommentsPermalink





`(ii) may detail employees from that agency or entity to the Integrity Committee, subject to the control and direction of the Chairperson, to conduct an investigation under this subsection.CommentsClose CommentsPermalink





`(7) PROCEDURES FOR INVESTIGATIONS-CommentsClose CommentsPermalink





`(A) STANDARDS APPLICABLE- Investigations initiated under this subsection shall be conducted in accordance with the most current Quality Standards for Investigations issued by the Council or by its predecessors (the President's Council on Integrity and Efficiency and the Executive Council on Integrity and Efficiency).CommentsClose CommentsPermalink





`(B) ADDITIONAL POLICIES AND PROCEDURES-CommentsClose CommentsPermalink





`(i) ESTABLISHMENT- The Integrity Committee, in conjunction with the Chairperson of the Council, shall establish additional policies and procedures necessary to ensure fairness and consistency in--CommentsClose CommentsPermalink





`(I) determining whether to initiate an investigation;CommentsClose CommentsPermalink





`(II) conducting investigations;CommentsClose CommentsPermalink





`(III) reporting the results of an investigation; andCommentsClose CommentsPermalink





`(IV) providing the person who is the subject of an investigation with an opportunity to respond to any Integrity Committee report.CommentsClose CommentsPermalink





`(ii) SUBMISSION TO CONGRESS- The Council shall submit a copy of the policies and procedures established under clause (i) to the congressional committees of jurisdiction.CommentsClose CommentsPermalink





`(C) REPORTS-CommentsClose CommentsPermalink





`(i) POTENTIALLY MERITORIOUS ALLEGATIONS- For allegations [Struck out->]referred to[<-Struck out] described under paragraph (5)(C), the Chairperson of the Integrity Committee shall make a report containing the results of the investigation of the Chairperson and shall provide such report to members of the Integrity Committee.CommentsClose CommentsPermalink





`(ii) ALLEGATIONS OF WRONGDOING- For allegations referred to an agency under paragraph (5)(B), the head of an that agency shall make a report containing the results of the investigation and shall provide such report to members of the Integrity Committee.CommentsClose CommentsPermalink





`(8) ASSESSMENT AND FINAL DISPOSITION-CommentsClose CommentsPermalink





`(A) IN GENERAL- With respect to any report received under paragraph (7)(C), the Integrity Committee shall--CommentsClose CommentsPermalink





`(i) assess the report;CommentsClose CommentsPermalink





`(ii) forward the report, with the recommendations of the Integrity Committee, including those on disciplinary action, within [Struck out->]180[<-Struck out] 30 days (to the maximum extent practicable) after the completion of the investigation, to the Executive Chairperson of the Council and to the President (in the case of a report relating to an Inspector General of an establishment or any employee of that Inspector General) or the head of a designated Federal entity (in the case of a report relating to an Inspector General of such an entity or any employee of that Inspector General) for resolution; andCommentsClose CommentsPermalink





`(iii) submit to the congressional committees of jurisdiction an executive summary of such report and recommendations within 30 days after the submission of such report to the Executive Chairperson under clause (ii).CommentsClose CommentsPermalink





`(B) DISPOSITION- The Executive Chairperson of the Council shall report to the Integrity Committee the final disposition of the matter, including what action was taken by the President or agency head.CommentsClose CommentsPermalink





`(9) ANNUAL REPORT- The Council shall submit to Congress and the President by December 31 of each year a report on the activities of the Integrity Committee during the preceding fiscal year, which shall include the following:CommentsClose CommentsPermalink





`(A) The number of allegations received.CommentsClose CommentsPermalink





`(B) The number of allegations referred to other agencies, including the number of allegations referred for criminal investigation.CommentsClose CommentsPermalink





`(C) The number of allegations referred to the Chairperson of the Integrity Committee for investigation.CommentsClose CommentsPermalink





`(D) The number of allegations closed without referral.CommentsClose CommentsPermalink





`(E) The date each allegation was received and the date each allegation was finally disposed of.CommentsClose CommentsPermalink





`(F) In the case of allegations referred to the Chairperson of the Integrity Committee, a summary of the status of the investigation of the allegations and, in the case of investigations completed during the preceding fiscal year, a summary of the findings of the investigations.CommentsClose CommentsPermalink





`(G) Other matters that the Council considers appropriate.CommentsClose CommentsPermalink





`(10) REQUESTS FOR MORE INFORMATION- With respect to paragraphs (8) and (9), the Council shall provide more detailed information about specific allegations upon request from any of the following:CommentsClose CommentsPermalink





`(A) The chairperson or ranking member of the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





`(B) The chairperson or ranking member of the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





`(C) The chairperson or ranking member of the congressional committees of jurisdiction.CommentsClose CommentsPermalink





`(11) NO RIGHT OR BENEFIT- This subsection is not intended to create any right or benefit, substantive or procedural, enforceable at law by a person against the United States, its agencies, its officers, or any person.'.CommentsClose CommentsPermalink





(b) Allegations of Wrongdoing Against Special Counsel or Deputy Special Counsel-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this section--CommentsClose CommentsPermalink





(A) the term `Integrity Committee' means the Integrity Committee established under section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App), as amended by this Act; andCommentsClose CommentsPermalink





(B) the term `Special Counsel' refers to the Special Counsel appointed under section 1211(b) of title 5, United States Code.CommentsClose CommentsPermalink





(2) AUTHORITY OF INTEGRITY COMMITTEE-CommentsClose CommentsPermalink





(A) IN GENERAL- An allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph.CommentsClose CommentsPermalink





(B) COORDINATION WITH EXISTING PROVISIONS OF LAW- This subsection does not eliminate access to the Merit Systems Protection Board for review under section 7701 of title 5, United States Code. To the extent that an allegation brought under this subsection involves section 2302(b)(8) of that title, a failure to obtain corrective action within 120 days after the date on which that allegation is received by the Integrity Committee shall, for purposes of section 1221 of such title, be considered to satisfy section 1214(a)(3)(B) of that title.CommentsClose CommentsPermalink





(3) REGULATIONS- The Integrity Committee may prescribe any rules or regulations necessary to carry out this subsection, subject to such consultation or other requirements as might otherwise apply.CommentsClose CommentsPermalink





[Struck out->](b)[<-Struck out] (c) Existing Executive Orders- Executive Order 12805, dated May 11, 1992, and Executive Order 12993, dated March 21, 1996, shall have no force or effect.CommentsClose CommentsPermalink





[Struck out->](c)[<-Struck out] (d) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) INSPECTOR GENERAL ACT OF 1978- The Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink





(A) 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)'; andCommentsClose CommentsPermalink





(B) in section 8G(a), in the matter preceding paragraph (1), by striking `section 11' and inserting `section 12'.CommentsClose CommentsPermalink





(2) SEPARATE APPROPRIATIONS ACCOUNT- Section 1105(a) of title 31, United States Code, is amended by striking the first paragraph (33) and inserting the following:CommentsClose CommentsPermalink





`(33) a separate appropriation account for appropriations for the Council of the Inspectors General on Integrity and Efficiency, and, included in that account, a separate statement of the aggregate amount of appropriations requested for each academy maintained by the Council of the Inspectors General on Integrity and Efficiency.'.CommentsClose CommentsPermalink

SEC. 8. SUBMISSION OF BUDGET REQUESTS TO CONGRESS.

Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(f)(1) For each fiscal year, an Inspector General shall transmit a budget estimate and request to the head of the [Struck out->]agency, board, or commission[<-Struck out] establishment or designated Federal entity to which the Inspector General reports. The budget request shall specify the aggregate amount of funds requested for such fiscal year for the operations of that Inspector General and shall specify the amount requested for all training [Struck out->]requirements[<-Struck out] needs, including a certification from the Inspector General that the amount requested satisfies all training requirements for the Inspector General's office for that fiscal year, and any resources necessary to support the Council of the Inspectors General on Integrity and Efficiency. Resources necessary to support the Council of the Inspectors General on Integrity and Efficiency shall be specifically identified and justified in the budget request.CommentsClose CommentsPermalink





`(2) In transmitting a proposed budget to the President for approval, the head of each [Struck out->]agency, board or commission[<-Struck out] establishment or designated Federal entity shall include--CommentsClose CommentsPermalink





`(A) an aggregate request for the Inspector General;CommentsClose CommentsPermalink





`(B) amounts for Inspector General training;CommentsClose CommentsPermalink





`(C) amounts for support of the Council of the Inspectors General on Integrity and Efficiency; andCommentsClose CommentsPermalink





`(D) any comments of the affected Inspector General with respect to the proposal.CommentsClose CommentsPermalink





`(3) The President shall include in each budget of the United States Government submitted to Congress--CommentsClose CommentsPermalink





`(A) a separate statement of the budget estimate prepared in accordance with paragraph (1);CommentsClose CommentsPermalink





`(B) the amount requested by the President for each Inspector General;CommentsClose CommentsPermalink





`(C) the amount requested by the President for training of Inspectors General;CommentsClose CommentsPermalink





`(D) the amount requested by the President for support for the Council of the Inspectors General on Integrity and Efficiency; andCommentsClose CommentsPermalink





`(E) any comments of the affected Inspector General with respect to the proposal, including whetherif the Inspector General concludes that the budget request submitted by the head of the establishment or designated Federal entityPresident would substantially inhibit the Inspector General from performing the duties of the office, any comments of the affected Inspector General with respect to the proposal.'.CommentsClose CommentsPermalink

SEC. 9. SUBPOENA POWER.

Section 6(a)(4) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink





(1) by inserting `in any medium (including electronically stored information, as well as any tangible thing)' after `other data'; andCommentsClose CommentsPermalink





(2) by striking `subpena' and inserting `subpoena'.CommentsClose CommentsPermalink

SEC. 10. PROGRAM FRAUD CIVIL REMEDIES ACT.

Section 3801(a)(1) of title 31, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subparagraph [Struck out->](C)[<-Struck out] (D), by striking `and' after the semicolon;CommentsClose CommentsPermalink





(2) in subparagraph [Struck out->](D)[<-Struck out] (E), by adding `and' after the semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





` [Struck out->](E)[<-Struck out] (F) a designated Federal entity (as such term is defined under section 8G(a)(2) of the Inspector General Act of 1978).'.CommentsClose CommentsPermalink

SEC. 11. LAW ENFORCEMENT AUTHORITY FOR DESIGNATED FEDERAL ENTITIES.

Section 6(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1) by striking `appointed under section 3'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(9) In this subsection the term `Inspector General' means an Inspector General appointed under section 3 or an Inspector General appointed under section 8G.'.CommentsClose CommentsPermalink

SEC. 12. APPLICATION OF SEMIANNUAL REPORTING REQUIREMENTS WITH RESPECT TO INSPECTION REPORTS AND EVALUATION REPORTS.

Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink





(1) in each of subsections (a)(6), (a)(8), (a)(9), (b)(2), and (b)(3)--CommentsClose CommentsPermalink





(A) by inserting `, inspection reports, and evaluation reports' after `audit reports' the first place it appears; andCommentsClose CommentsPermalink





(B) by striking `audit' the second place it appears; andCommentsClose CommentsPermalink





(2) in subsection (a)(10) by inserting `, inspection reports, and evaluation reports' after `audit reports'.CommentsClose CommentsPermalink

[Struck out->]SEC. 13. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS GENERAL.[<-Struck out][Struck out->](a) Definition- In this section the term `agency' means a Federal agency as defined under section 11(5) of the Inspector General Act of 1978 (5 U.S.C. App.).[<-Struck out][Struck out->](b) Direct Links to Inspectors General Offices-[<-Struck out][Struck out->](1) IN GENERAL- Each agency shall establish and maintain on the homepage of the website of that agency, a direct link to the website of the Office of the Inspector General of that agency.[<-Struck out][Struck out->](2) ACCESSIBILITY- The direct link under paragraph (1) shall be obvious and facilitate accessibility to the website of the Office of the Inspector General.[<-Struck out][Struck out->](c) Requirements for Inspectors General Websites-[<-Struck out][Struck out->](1) POSTING OF REPORTS AND AUDITS- The Inspector General of each agency shall--[<-Struck out][Struck out->](A) in accordance withsection 552a of title 5, United States Code (commonly referred to as the Privacy Act), not later than 3 working days after any report or audit (or portion of any report or audit), that is subject to release under section 552 of that title (commonly referred to as the Freedom of Information Act), is made publicly available, post that report or audit (or portion of that report or audit) on the website of the Office of the Inspector General; and [<-Struck out][Struck out->](B) ensure that any posted report or audit (or portion of that report or audit) described under subparagraph (A)--[<-Struck out][Struck out->](i) is easily accessible from a direct link on the homepage of the website of the Office of the Inspector General;[<-Struck out][Struck out->](ii) includes a summary of the findings of the Inspector General; and[<-Struck out][Struck out->](iii) is in a format that--[<-Struck out][Struck out->](I) is searchable and downloadable; and[<-Struck out][Struck out->](II) facilitates printing by individuals of the public accessing the website.[<-Struck out][Struck out->](2) REPORTING OF FRAUD, WASTE, AND ABUSE-[<-Struck out][Struck out->](A) IN GENERAL- The Inspector General of each agency shall establish and maintain a direct link on the homepage of the website of the Office of the Inspector General for individuals to report fraud, waste, and abuse. Individuals reporting fraud, waste, or abuse using the direct link established under this paragraph shall not be required to provide personally identifying information relating to that individual.[<-Struck out][Struck out->](B) ANONYMITY- The Inspector General of each agency shall not disclose the identity of any individual making a report under this paragraph without the consent of the individual unless the Inspector General determines that such a disclosure is unavoidable during the course of the investigation.[<-Struck out][Struck out->](d) Implementation- Not later than 180 days after the date of enactment of this Act, the head of each agency and the Inspector General of each agency shall implement this section.[<-Struck out]SEC. 13. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS GENERAL.

(a) In General- The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8K the following:CommentsClose CommentsPermalink

`SEC. 8L. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS GENERAL.

`(a) Direct Links to Inspectors General Offices-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each agency shall establish and maintain on the homepage of the website of that agency, a direct link to the website of the Office of the Inspector General of that agency.CommentsClose CommentsPermalink





`(2) ACCESSIBILITY- The direct link under paragraph (1) shall be obvious and facilitate accessibility to the website of the Office of the Inspector General.CommentsClose CommentsPermalink





`(b) Requirements for Inspectors General Websites-CommentsClose CommentsPermalink





`(1) POSTING OF REPORTS AND AUDITS- The Inspector General of each agency shall--CommentsClose CommentsPermalink





`(A) in accordance with section 552a of title 5, United States Code (commonly referred to as the Privacy Act), not later than 3 working days after any report or audit (or portion of any report or audit), that is subject to release under section 552 of that title (commonly referred to as the Freedom of Information Act), is made publicly available, post that report or audit (or portion of that report or audit) on the website of the Office of the Inspector General; andCommentsClose CommentsPermalink





`(B) ensure that any posted report or audit (or portion of that report or audit) described under subparagraph (A)--CommentsClose CommentsPermalink





`(i) is easily accessible from a direct link on the homepage of the website of the Office of the Inspector General;CommentsClose CommentsPermalink





`(ii) includes a summary of the findings of the Inspector General; andCommentsClose CommentsPermalink





`(iii) is in a format that--CommentsClose CommentsPermalink





`(I) is searchable and downloadable; andCommentsClose CommentsPermalink





`(II) facilitates printing by individuals of the public accessing the website.CommentsClose CommentsPermalink





`(2) REPORTING OF FRAUD, WASTE, AND ABUSE-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Inspector General of each agency shall establish and maintain a direct link on the homepage of the website of the Office of the Inspector General for individuals to report fraud, waste, and abuse. Individuals reporting fraud, waste, or abuse using the direct link established under this paragraph shall not be required to provide personally identifying information relating to that individual.CommentsClose CommentsPermalink





`(B) ANONYMITY- The Inspector General of each agency shall not disclose the identity of any individual making a report under this paragraph without the consent of the individual unless the Inspector General determines that such a disclosure is unavoidable during the course of the investigation.'.CommentsClose CommentsPermalink





(b) Implementation- Not later than 180 days after the date of enactment of this Act, the head of each agency and the Inspector General of each agency shall implement the amendment made by this section.CommentsClose CommentsPermalink

SEC. 14. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.(a) Amendment to Requirement Relating to Certain Referrals- Section 8E(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking paragraph (3).(b) Technical and Conforming Amendments- Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is further amended--(1) in subsection (b)--(A) by striking `and paragraph (3)' in paragraph (2);(B) by redesignating paragraph (4) as paragraph (3); and(C) by redesignating paragraph (5) as paragraph (4) and in that paragraph by striking `(4)' and inserting `(3)'; and(2) in subsection (d), by striking `, except with respect to allegations described in subsection (b)(3),'.SEC. 15. OTHER ADMINISTRATIVE AUTHORITIES.

(a) In General- Section 6(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows:CommentsClose CommentsPermalink





`(d)(1)(A) For purposes of applying the provisions of law identified in subparagraph (B)--CommentsClose CommentsPermalink





`(i) each Office of Inspector General shall be considered to be a separate agency; andCommentsClose CommentsPermalink





`(ii) the Inspector General who is the head of an office referred to in clause (i) shall, with respect to such office, have the functions, powers, and duties of an agency head or appointing authority under such provisions.CommentsClose CommentsPermalink





`(B) This paragraph applies with respect to the following provisions of title 5, United States Code:CommentsClose CommentsPermalink





`(i) Subchapter II of chapter 35.CommentsClose CommentsPermalink





`(ii) Sections 8335(b), 8336, 8344, 8414, 8468, and 8425(b).CommentsClose CommentsPermalink





`(iii) All provisions relating to the Senior Executive Service (as determined by the Office of Personnel Management), subject to paragraph (2).CommentsClose CommentsPermalink





`(2) For purposes of applying section 4507(b) of title 5, United States Code, paragraph (1)(A)(ii) shall be applied by substituting `the Council of the Inspectors General on Integrity and Efficiency (established by section 11 of the Inspector General Act) shall' for `the Inspector General who is the head of an office referred to in clause (i) shall, with respect to such office,'.'.CommentsClose CommentsPermalink





(b) Authority of Treasury Inspector General for Tax Administration [Struck out->]To[<-Struck out] To Protect Internal Revenue Service Employees- Section 8D(k)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking `and the providing of physical security'.CommentsClose CommentsPermalink

SEC. 165. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS.

(a) In General-CommentsClose CommentsPermalink





(1) SUBMISSION- Not later than 360 days after the date of enactment of this Act, the Government Accountability Office shall submit a report examining the adequacy of mechanisms to ensure accountability of the Offices of Inspector General to--CommentsClose CommentsPermalink





(A) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(B) the Committee on Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(2) CONTENTS- The report submitted under paragraph (1) shall examine--CommentsClose CommentsPermalink





(A) the practices, policies, and procedures of the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency (and its predecessor committee); andCommentsClose CommentsPermalink





(B) the practices, policies, and procedures of the Offices of Inspector General with respect to complaints by and about employees of any Office of Inspector General that are not within the jurisdiction of the Integrity Committee.CommentsClose CommentsPermalink





(b) Pay of Inspectors General- Not later than 270 days after the date of enactment of this Act, the Government Accountability Office shall submit a report to the congressional committees of jurisdiction on the implementation of section 4.CommentsClose CommentsPermalink

Calendar No. 578 Passed the Senate April 23, 2008. CommentsClose CommentsPermalink

110th CONGRESS 2d Session S. 2324

[Report No. 110-262] A BILL

AN ACT

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.

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February 22, 2008Reported with amendmentsCommentsClose CommentsPermalink