[110th Congress Public Law 409]
[From the U.S. Government Printing Office]
[DOCID: f:publ409.110]
[[Page 4301]]
INSPECTOR GENERAL REFORM ACT OF 2008
[[Page 122 STAT. 4302]]
Public Law 110-409
110th Congress
An Act
To amend the Inspector General Act of 1978 to enhance the independence
of the Inspectors General, to create a Council of the Inspectors General
on Integrity and Efficiency, and for other purposes. <<NOTE: Oct. 14,
2008 - [H.R. 928]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Inspector
General Reform Act of 2008.>>
SECTION 1. <<NOTE: 5 USC app. 1 note.>> SHORT TITLE.
This Act may be cited as the ``Inspector General Reform Act of
2008''.
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.''.
SEC. 3. REMOVAL OF INSPECTORS GENERAL.
(a) Establishments.-- <<NOTE: President. Deadline.>> 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.''.
(b) Designated Federal <<NOTE: Deadline.>> 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.''.
SEC. 4. PAY OF INSPECTORS GENERAL.
(a) Inspectors General at Level III of Executive Schedule.--
(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:
[[Page 122 STAT. 4303]]
``(e) The annual rate of basic pay for an Inspector General (as
defined under section 12(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.''.
(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:
(A) Inspector General, Department of Education.
(B) Inspector General, Department of Energy.
(C) Inspector General, Department of Health and
Human Services.
(D) Inspector General, Department of Agriculture.
(E) Inspector General, Department of Housing and
Urban Development.
(F) Inspector General, Department of Labor.
(G) Inspector General, Department of Transportation.
(H) Inspector General, Department of Veterans
Affairs.
(I) Inspector General, Department of Homeland
Security.
(J) Inspector General, Department of Defense.
(K) Inspector General, Department of State.
(L) Inspector General, Department of Commerce.
(M) Inspector General, Department of the Interior.
(N) Inspector General, Department of Justice.
(O) Inspector General, Department of the Treasury.
(P) Inspector General, Agency for International
Development.
(Q) Inspector General, Environmental Protection
Agency.
(R) Inspector General, Export-Import Bank.
(S) Inspector General, Federal Emergency Management
Agency.
(T) Inspector General, General Services
Administration.
(U) Inspector General, National Aeronautics and
Space Administration.
(V) Inspector General, Nuclear Regulatory
Commission.
(W) Inspector General, Office of Personnel
Management.
(X) Inspector General, Railroad Retirement Board.
(Y) Inspector General, Small Business
Administration.
(Z) Inspector General, Tennessee Valley Authority.
(AA) Inspector General, Federal Deposit Insurance
Corporation.
(BB) Inspector General, Resolution Trust
Corporation.
(CC) Inspector General, Central Intelligence Agency.
(DD) Inspector General, Social Security
Administration.
(EE) Inspector General, United States Postal
Service.
(3) Applicability <<NOTE: 5 USC app. 3 note.>> to other
inspectors general.--
(A) In general.--Notwithstanding any other provision
of law, the annual rate of basic pay of the Inspector
General of the Central Intelligence Agency, the Special
Inspector General for Iraq Reconstruction, and the
Special Inspector General for Afghanistan Reconstruction
shall be that of an Inspector General as defined under
section 12(3) of
[[Page 122 STAT. 4304]]
the Inspector General Act of 1978 (5 U.S.C. App.) (as
amended by section 7(a) of this Act).
(B) Prohibition of cash bonus or awards.--Section
3(f) of the Inspector General Act of 1978 (5 U.S.C.
App.) (as amended by section 5 of this Act) shall apply
to the Inspectors General described under subparagraph
(A).
(4) 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).
(b) Inspectors <<NOTE: 5 USC app. 3 note.>> General of Designated
Federal Entities.--
(1) In general.--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 (including
bonuses) of the senior level executives of that designated
Federal entity calculated on an annual basis.
(2) Limitation on adjustment.--
(A) In general.--In the case of an Inspector General
of a designated Federal entity whose pay is adjusted
under paragraph (1), the total increase in pay in any
fiscal year resulting from that adjustment may not
exceed 25 percent of the average total compensation
(including bonuses) of the Inspector General of that
entity for the preceding 3 fiscal years.
(B) Sunset of limitation.--The limitation under
subparagraph (A) shall not apply to any adjustment made
in fiscal year 2013 or each fiscal year thereafter.
(c) Savings Provision for Newly Appointed Inspectors General.--
(1) In general.--The <<NOTE: Applicability.>> 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.
(2) Nonreduction in pay.--Notwithstanding any other
provision of law, career Federal employees serving on an
appointment made pursuant to statutory authority found other
than in section 3392 of title 5, United States Code, shall not
suffer a reduction in pay, not including any bonus or
performance award, as a result of being appointed to the
position of Inspector General.
(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--
[[Page 122 STAT. 4305]]
(1) an establishment as defined under section 12(2) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
section 7(a) of this Act);
(2) a designated Federal entity as defined under section
8G(2) of the Inspector General Act of 1978 (5 U.S.C. App.);
(3) a legislative agency for which the position of Inspector
General is established by statute; or
(4) any other entity of the Government for which the
position of Inspector General is established by statute.
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:
``(f) An Inspector General (as defined under section 8G(a)(6) or
12(3)) may not receive any cash award or cash bonus, including any cash
award under chapter 45 of title 5, United States Code.''.
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:
``(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.''.
(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:
``(4) Each Inspector General shall--
``(A) <<NOTE: Appointments.>> 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;
``(B) obtain the services of a counsel appointed by and directly
reporting to another Inspector General on a reimbursable basis; or
``(C) obtain the services of appropriate staff of the Council of the
Inspectors General on Integrity and Efficiency on a reimbursable
basis.''.
(c) Rule <<NOTE: 5 USC app. 3 note.>> 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, except for the availability of counsel as
provided under sections 3(g) and 8G(g) of the Inspector General Act of
1978 (5 U.S.C. App.) (as amended by this section). The Counsel to the
Inspector General shall perform such functions as the Inspector General
may prescribe.
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:
[[Page 122 STAT. 4306]]
``SEC. 11. <<NOTE: 5 USC app. 11.>> ESTABLISHMENT OF THE COUNCIL
OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY.
``(a) Establishment and Mission.--
``(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').
``(2) Mission.--The mission of the Council shall be to--
``(A) address integrity, economy, and effectiveness
issues that transcend individual Government agencies;
and
``(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.
``(b) Membership.--
``(1) In general.--The Council shall consist of the
following members:
``(A) All Inspectors General whose offices are
established under--
``(i) section 2; or
``(ii) section 8G.
``(B) The Inspectors General of the Office of the
Director of National Intelligence and the Central
Intelligence Agency.
``(C) The Controller of the Office of Federal
Financial Management.
``(D) A senior level official of the Federal Bureau
of Investigation designated by the Director of the
Federal Bureau of Investigation.
``(E) The Director of the Office of Government
Ethics.
``(F) The Special Counsel of the Office of Special
Counsel.
``(G) The Deputy Director of the Office of Personnel
Management.
``(H) The Deputy Director for Management of the
Office of Management and Budget.
``(I) The Inspectors General of the Library of
Congress, Capitol Police, Government Printing Office,
Government Accountability Office, and the Architect of
the Capitol.
``(2) Chairperson and executive chairperson.--
``(A) Executive chairperson.--The Deputy Director
for Management of the Office of Management and Budget
shall be the Executive Chairperson of the Council.
``(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.
``(3) Functions of chairperson and executive chairperson.--
``(A) Executive chairperson.--The Executive
Chairperson shall--
``(i) preside over meetings of the Council;
``(ii) <<NOTE: Reports.>> provide to the heads
of agencies and entities represented on the
Council summary reports of the activities of the
Council; and
``(iii) provide to the Council such
information relating to the agencies and entities
represented on
[[Page 122 STAT. 4307]]
the Council as assists the Council in performing
its functions.
``(B) Chairperson.--The Chairperson shall--
``(i) convene meetings of the Council--
``(I) at least 6 times each year;
``(II) monthly to the extent
possible; and
``(III) more frequently at the
discretion of the Chairperson;
``(ii) carry out the functions and duties of
the Council under subsection (c);
``(iii) <<NOTE: Appointments.>> 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;
``(iv) make such payments from funds otherwise
available to the Council as may be necessary to
carry out the functions of the Council;
``(v) select, appoint, and employ personnel as
needed to carry out the functions of the Council
subject to 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;
``(vi) <<NOTE: Contracts.>> to the extent and
in such amounts as may be provided in advance by
appropriations Acts, made available from the
revolving fund established under subsection
(c)(3)(B), or as otherwise provided by law, enter
into contracts and other arrangements with public
agencies and private persons to carry out the
functions and duties of the Council;
``(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; and
``(viii) <<NOTE: Reports. Deadline.>> prepare
and transmit a report annually on behalf of the
Council to the President on the activities of the
Council.
``(c) Functions and Duties of Council.--
``(1) In general.--The Council shall--
``(A) continually identify, review, and discuss
areas of weakness and vulnerability in Federal programs
and operations with respect to fraud, waste, and abuse;
``(B) <<NOTE: Plans.>> 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;
``(C) develop policies that will aid in the
maintenance of a corps of well-trained and highly
skilled Office of Inspector General personnel;
[[Page 122 STAT. 4308]]
``(D) <<NOTE: Web site.>> maintain an Internet
website and other electronic systems for the benefit of
all Inspectors General, as the Council determines are
necessary or desirable;
``(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;
``(F) <<NOTE: Recommen- dations.>> submit
recommendations of individuals to the appropriate
appointing authority for any appointment to an office of
Inspector General described under subsection (b)(1)(A)
or (B);
``(G) <<NOTE: Reports.>> make such reports to
Congress as the Chairperson determines are necessary or
appropriate; and
``(H) perform other duties within the authority and
jurisdiction of the Council, as appropriate.
``(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,
as appropriate, shall--
``(A) adhere to professional standards developed by
the Council; and
``(B) participate in the plans, programs, and
projects of the Council, except that in the case of a
member described under subsection (b)(1)(I) , the member
shall participate only to the extent requested by the
member and approved by the Executive Chairperson and
Chairperson.
``(3) Additional administrative authorities.--
``(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 (I), (II), or (III)
of clause (i), in the performance of the
responsibilities, authorities, and duties of the
Council--
``(i) the Executive Chairperson may authorize
the use of interagency funding for--
``(I) Governmentwide training of
employees of the Offices of the
Inspectors General;
``(II) the functions of the
Integrity Committee of the Council; and
``(III) any other authorized purpose
determined by the Council; and
``(ii) upon the authorization of the Executive
Chairperson, any department, agency, or entity of
the executive branch which has a member on the
Council shall fund or participate in the funding
of such activities.
``(B) Revolving fund.--
``(i) In general.--The Council may--
``(I) establish in the Treasury of
the United States a revolving fund to be
called the Inspectors General Council
Fund; or
``(II) enter into an arrangement
with a department or agency to use an
existing revolving fund.
``(ii) Amounts in revolving fund.--
[[Page 122 STAT. 4309]]
``(I) In general.--Amounts
transferred to the Council under this
subsection shall be deposited in the
revolving fund described under clause
(i)(I) or (II).
``(II) Training.--Any remaining
unexpended balances appropriated for or
otherwise available to the Inspectors
General Criminal Investigator Academy
and the Inspectors General Auditor
Training Institute shall be transferred
to the revolving fund described under
clause (i)(I) or (II).
``(iii) Use of revolving fund.--
``(I) In general.--Except as
provided under subclause (II), amounts
in the revolving fund described under
clause (i)(I) or (II) may be used to
carry out the functions and duties of
the Council under this subsection.
``(II) Training.--Amounts
transferred into the revolving fund
described under clause (i)(I) or (II)
may be used for the purpose of
maintaining any training academy as
determined by the Council.
``(iv) Availability of funds.--Amounts in the
revolving fund described under clause (i)(I) or
(II) shall remain available to the Council without
fiscal year limitation.
``(C) Superseding provisions.--No provision of law
enacted after the date of enactment of this subsection
shall be construed to limit or supersede any authority
under subparagraph (A) or (B), unless such provision
makes specific reference to the authority in that
paragraph.
``(4) Existing authorities and responsibilities.--The
establishment and operation of the Council shall not affect--
``(A) the role of the Department of Justice in law
enforcement and litigation;
``(B) the authority or responsibilities of any
Government agency or entity; and
``(C) the authority or responsibilities of
individual members of the Council.
``(d) Integrity Committee.--
``(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 staff members of the various Offices of
Inspector General described under paragraph (4)(C).
``(2) Membership.--The Integrity Committee shall consist of
the following members:
``(A) The official of the Federal Bureau of
Investigation serving on the Council, who shall serve as
Chairperson of the Integrity Committee, and maintain the
records of the Committee.
``(B) Four 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)).
``(C) The Special Counsel of the Office of Special
Counsel.
``(D) The Director of the Office of Government
Ethics.
[[Page 122 STAT. 4310]]
``(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.
``(4) Referral of allegations.--
``(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--
``(i) review of the substance of the
allegation cannot be assigned to an agency of the
executive branch with appropriate jurisdiction
over the matter; and
``(ii) the Inspector General determines that--
``(I) an objective internal
investigation of the allegation is not
feasible; or
``(II) an internal investigation of
the allegation may appear not to be
objective.
``(B) Definition.--In this paragraph the term `staff
member' means any employee of an Office of Inspector
General who--
``(i) reports directly to an Inspector
General; or
``(ii) is designated by an Inspector General
under subparagraph (C).
``(C) Designation of staff members.--
Each <<NOTE: Deadline.>> 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).
``(5) Review of allegations.--The Integrity Committee
shall--
``(A) review all allegations of wrongdoing the
Integrity Committee receives against an Inspector
General, or against a staff member of an Office of
Inspector General described under paragraph (4)(C);
``(B) refer any allegation of wrongdoing to the
agency of the executive branch with appropriate
jurisdiction over the matter; and
``(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).
``(6) Authority to investigate allegations.--
``(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.
``(B) Resources.--At the request of the Chairperson
of the Integrity Committee, the head of each agency or
entity represented on the Council--
``(i) may provide resources necessary to the
Integrity Committee; and
``(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.
``(7) Procedures for investigations.--
[[Page 122 STAT. 4311]]
``(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).
``(B) Additional policies and procedures.--
``(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--
``(I) determining whether to
initiate an investigation;
``(II) conducting investigations;
``(III) reporting the results of an
investigation; and
``(IV) providing the person who is
the subject of an investigation with an
opportunity to respond to any Integrity
Committee report.
``(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.
``(C) Reports.--
``(i) Potentially meritorious allegations.--
For allegations 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.
``(ii) Allegations of wrongdoing.--For
allegations referred to an agency under paragraph
(5)(B), the head of that agency shall make a
report containing the results of the investigation
and shall provide such report to members of the
Integrity Committee.
``(8) Assessment and final disposition.--
``(A) In general.--With respect to any report
received under paragraph (7)(C), the Integrity Committee
shall--
``(i) assess the report;
``(ii) <<NOTE: Deadline.>> forward the report,
with the recommendations of the Integrity
Committee, including those on disciplinary action,
within 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; and
``(iii) <<NOTE: Executive
summary. Deadline.>> submit to the Committee on
Government Oversight and Reform of the House of
Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate,
and other congressional committees of jurisdiction
an executive summary of such report and
recommendations within 30 days after
[[Page 122 STAT. 4312]]
the submission of such report to the Executive
Chairperson under clause (ii).
``(B) Disposition.--The <<NOTE: Reports.>> 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.
``(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:
``(A) The number of allegations received.
``(B) The number of allegations referred to other
agencies, including the number of allegations referred
for criminal investigation.
``(C) The number of allegations referred to the
Chairperson of the Integrity Committee for
investigation.
``(D) The number of allegations closed without
referral.
``(E) The date each allegation was received and the
date each allegation was finally disposed of.
``(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.
``(G) Other matters that the Council considers
appropriate.
``(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:
``(A) The chairperson or ranking member of the
Committee on Homeland Security and Governmental Affairs
of the Senate.
``(B) The chairperson or ranking member of the
Committee on Oversight and Government Reform of the
House of Representatives.
``(C) The chairperson or ranking member of the
congressional committees of jurisdiction.
``(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.''.
(b) Allegations <<NOTE: 5 USC 1211 note.>> of Wrongdoing Against
Special Counsel or Deputy Special Counsel.--
(1) Definitions.--In this section--
(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; and
(B) the term ``Special Counsel'' refers to the
Special Counsel appointed under section 1211(b) of title
5, United States Code.
(2) Authority of integrity committee.--
(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
[[Page 122 STAT. 4313]]
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.
(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 <<NOTE: Deadline.>> 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.
(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.
(c) Effective Date and Existing Executive Orders.--
(1) Council.--Not <<NOTE: Deadline. 5 USC app. 11
note.>> later than 180 days after the date of the enactment of
this Act, the Council of the Inspectors General on Integrity and
Efficiency established under this section shall become effective
and operational.
(2) Executive orders.--Executive <<NOTE: Termination
date. 31 USC 501 note.>> Order No. 12805, dated May 11, 1992,
and Executive Order No. 12933, dated March 21, 1996 (as in
effect before the date of the enactment of this Act) shall have
no force or effect on and after the earlier of--
(A) the date on which the Council of the Inspectors
General on Integrity and Efficiency becomes effective
and operational as determined by the Executive
Chairperson of the Council; or
(B) the last day of the 180-day period beginning on
the date of enactment of this Act.
(d) Technical and Conforming Amendments.--
(1) Inspector general act of 1978.--The Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(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)''; and
(B) <<NOTE: 5 USC app. 8G.>> in section 8G(a), in
the matter preceding paragraph (1), by striking
``section 11'' and inserting ``section 12''.
(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:
``(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.''.
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:
[[Page 122 STAT. 4314]]
``(f)(1) For each fiscal year, an Inspector General shall transmit a
budget estimate and request to the head of the 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 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.
``(2) In transmitting a proposed budget to the President for
approval, the head of each establishment or designated Federal entity
shall include--
``(A) an aggregate request for the Inspector General;
``(B) amounts for Inspector General training;
``(C) amounts for support of the Council of the Inspectors
General on Integrity and Efficiency; and
``(D) any comments of the affected Inspector General with
respect to the proposal.
``(3) <<NOTE: President.>> The President shall include in each
budget of the United States Government submitted to Congress--
``(A) a separate statement of the budget estimate prepared
in accordance with paragraph (1);
``(B) the amount requested by the President for each
Inspector General;
``(C) the amount requested by the President for training of
Inspectors General;
``(D) the amount requested by the President for support for
the Council of the Inspectors General on Integrity and
Efficiency; and
``(E) any comments of the affected Inspector General with
respect to the proposal if the Inspector General concludes that
the budget submitted by the President would substantially
inhibit the Inspector General from performing the duties of the
office.''.
SEC. 9. SUBPOENA POWER.
Section 6(a)(4) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) by inserting ``in any medium (including electronically
stored information, as well as any tangible thing)'' after
``other data''; and
(2) by striking ``subpena'' and inserting ``subpoena''.
SEC. 10. PROGRAM FRAUD CIVIL REMEDIES ACT.
Section 3801(a)(1) of title 31, United States Code, is amended--
(1) in subparagraph (D), by striking ``and'' after the
semicolon;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) a designated Federal entity (as such term is
defined under section 8G(a)(2) of the Inspector General
Act of 1978);''.
[[Page 122 STAT. 4315]]
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--
(1) in paragraph (1) by striking ``appointed under section
3''; and
(2) by adding at the end the following:
``(9) In this subsection, the term `Inspector General' means an
Inspector General appointed under section 3 or an Inspector General
appointed under section 8G.''.
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--
(1) in each of subsections (a)(6), (a)(8), (a)(9), (b)(2),
and (b)(3)--
(A) by inserting ``, inspection reports, and
evaluation reports'' after ``audit reports'' the first
place it appears; and
(B) by striking ``audit'' the second place it
appears; and
(2) in subsection (a)(10) by inserting ``, inspection
reports, and evaluation reports'' after ``audit reports''.
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:
``SEC. 8L. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS
GENERAL.
``(a) Direct Links to Inspectors General Offices.--
``(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.
``(2) Accessibility.--The direct link under paragraph (1)
shall be obvious and facilitate accessibility to the website of
the Office of the Inspector General.
``(b) Requirements for Inspectors General Websites.--
``(1) Posting of reports and audits.--The Inspector General
of each agency shall--
``(A) not later than 3 days after any report or
audit (or portion of any report or audit) is made
publicly available, post that report or audit (or
portion of that report or audit) on the website of the
Office of Inspector General; and
``(B) ensure that any posted report or audit (or
portion of that report or audit) described under
subparagraph (A)--
``(i) is easily accessible from a direct link
on the homepage of the website of the Office of
the Inspector General;
``(ii) includes a summary of the findings of
the Inspector General; and
``(iii) is in a format that--
``(I) is searchable and
downloadable; and
[[Page 122 STAT. 4316]]
``(II) facilitates printing by
individuals of the public accessing the
website.
``(2) Reporting of fraud, waste, and abuse.--
``(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.
``(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.''.
(b) Repeal.--Section 746(b) of the Financial Services and General
Government Appropriations Act, 2008 (5 U.S.C. App. note; 121 Stat. 2034)
is repealed.
(c) Implementation.--Not <<NOTE: Deadline. 5 USC app. 8L
note.>> 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.
SEC. 14. 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:
``(d)(1)(A) <<NOTE: Applicability.>> For purposes of applying the
provisions of law identified in subparagraph (B)--
``(i) each Office of Inspector General shall be considered
to be a separate agency; and
``(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.
``(B) This paragraph applies with respect to the following
provisions of title 5, United States Code:
``(i) Subchapter II of chapter 35.
``(ii) Sections 8335(b), 8336, 8344, 8414, 8468, and
8425(b).
``(iii) All provisions relating to the Senior Executive
Service (as determined by the Office of Personnel Management),
subject to paragraph (2).
``(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,'.''.
(b) Authority of Treasury Inspector General for Tax Administration
To Protect Internal Revenue Service Employees.--Section 8D(k)(1)(C) of
the Inspector General Act of
[[Page 122 STAT. 4317]]
1978 (5 U.S.C. App.) is amended by striking ``physical security'' and
inserting ``protection to the Commissioner of Internal Revenue''.
Approved October 14, 2008.
LEGISLATIVE HISTORY--H.R. 928 (S. 2324):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 110-354 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 110-262 accompanying S. 2324 (Comm. on Homeland
Security and Governmental Affairs).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Oct. 3, considered and passed House.
Vol. 154 (2008):
Sept. 24, considered and passed
Senate, amended.
Sept. 25, 27, House considered and
concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
Oct. 14, Presidential statement.
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