[House Report 114-210]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-210
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INSPECTOR GENERAL EMPOWERMENT ACT OF 2015
_______
July 16, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 2395]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 2395) to amend the Inspector
General Act of 1978 to strengthen the independence of the
Inspectors General, and for other purposes, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
CONTENTS
Committee Statement and Views.................................... 1
Section-by-Section............................................... 4
Explanation of Amendments........................................ 5
Committee Consideration.......................................... 5
Roll Call Votes.................................................. 5
Application of Law to the Legislative Branch..................... 5
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 5
Statement of General Performance Goals and Objectives............ 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Advisory Committee Act................................... 6
Unfunded Mandate Statement....................................... 6
Earmark Identification........................................... 6
Committee Estimate............................................... 6
Budget Authority and Congressional Budget Office Cost Estimate... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 2395, the Inspector General Empowerment Act of 2015,
strengthens the Inspector General community's ability to
identify fraud within the agencies they oversee. The bill
authorizes Inspectors General to issue testimonial subpoenas,
including to federal government contractors and former federal
employees. The bill exempts the Inspectors General from both
the Computer Matching and Privacy Protection Act and the
Paperwork Reduction Act in order to better facilitate their
work.
BACKGROUND AND NEED FOR LEGISLATION
The Inspector General Act of 1978 (Act) established the
Inspectors General to promote economy, efficiency, and
effectiveness within Executive Branch departments and
agencies.\1\ The role of an Inspector General is to make
recommendations to their agency based on independent and
objective audits, evaluations, and investigations of the
agency. Inspectors General promote good stewardship of taxpayer
dollars and improve the effectiveness of government. Inspectors
General recommendations often involve practical methods to
reduce agency waste and mismanagement, while improving
operations. During fiscal year 2013, 72 Offices of Inspector
General made recommendations with potential cost savings to
taxpayers totaling $51.8 billion.\2\
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\1\Inspector General Act of 1978, P.L. 95-452, Sec. 1, Oct. 12,
1978, 92 Stat. 1101, as amended (codified at 5 U.S.C. app Sec. Sec. 1-
13).
\2\Council of Inspectors Gen. on Integrity and Efficiency, Progress
Report to the President, Fiscal Year 2013, available at https://
www.ignet.gov/sites/default/files/files/CIGIE%202013
%20Progess%20Report.pdf. (last accessed June 29, 2015).
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The Act broadly empowers IGs to undertake whatever
investigations or reports they consider ``necessary or
desirable.''\3\ In support of this function, Section 6(a)(1) of
the Act clearly states that IGs shall ``have access to all
records, reports, audits, reviews, documents, papers,
recommendations, or other material available to the applicable
establishment which related to programs and operations with
respect to which that Inspector General has responsibilities
under this Act.''\4\
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\3\5 U.S.C. app Sec. 6(a)(2).
\4\5 U.S.C. app Sec. 6(a)(1).
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Despite the broad authority in the IG Act, the House
Committee on Oversight and Government Reform and the Senate
Committee on Homeland Security and Governmental Affairs
received a letter in August 2014 from 47 Inspectors General
expressing concerns over ``serious limitations on access to
records that have recently impeded the work of Inspectors
General.'' The Committee on Oversight and Government Reform
held several hearings during the 113th and the 114th Congresses
to examine concerns raised by Inspectors General. Witnesses
suggested several legislative remedies that could enhance the
ability of the Inspectors General to conduct effective
oversight such as expanded testimonial subpoena authority and
the ability to obtain and match readily available information
across Executive Branch agencies. The Council of the Inspectors
General on Integrity and Efficiency (CIGIE) also recommended
and supported these legislative reforms as needed tools to
improve the efficiency and effectiveness of the Inspectors
General.\5\
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\5\CIGIE was established by the Inspector General Reform Act of
2008 (Pub. L. No. 110-409, 122 Stat. 4302, Oct. 14, 2008) to create one
united federal Inspectors General Council. CIGIE is an independent
entity to increase the professionalism and effectiveness of personnel
in the Offices of Inspectors General, and has formulated and adopted
quality standards for Offices of Inspectors General, among other
things.
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Lack of voluntary cooperation from government contractors
and former federal employees may lead to incomplete audits or
closed investigations. For example, the U.S. Department of
Justice Inspector General Michael Horowitz testified to the
House Committee on Oversight and Government Reform at a hearing
on February 3, 2015 that former federal employees have refused
to speak with his agency's Office of Inspector General, and
federal employees resigned or retired immediately prior to an
interview with the office. The testimonial subpoena authority
provided in H.R. 2395 would enhance the ability of the
Inspectors General to gather relevant and sufficient evidence
for investigations, while also providing safeguards to prevent
this authority from being abused by any Inspector General.
Further, H.R. 2395 would exempt Inspectors General from the
Computer Matching and Privacy Protection Act and the Paperwork
Reduction Act, which Inspectors General have said require
lengthy and cumbersome approval processes for the collection
and matching of information. These exemptions will enhance the
ability of the Inspectors General to identify and prevent
improper or fraudulent payments and better facilitate efficient
oversight.
Prolonged vacancies of Inspectors General can leave Offices
of Inspectors General vulnerable and can diminish their ability
to effectively conduct oversight duties. The National Archives
and Records Administration's Inspector General was placed on
administrative leave pending the completion of a CIGIE
Integrity Committee investigation, leaving the agency without a
permanent Inspect General for approximately two years. H.R.
2395 contains provisions that expedite investigations by
CIGIE's Integrity Committee, and require CIGIE and the
Government Accountability Office to issues reports concerning
ongoing investigations and prolonged vacancies, respectively.
LEGISLATIVE HISTORY
H.R. 2395, the Inspector General Empowerment Act of 2015,
was introduced on May 18, 2015 by Congressman Jason Chaffetz
(R-UT) and referred to the Committee on Oversight and
Government Reform. Congressmen Elijah E. Cummings (D-MD) and
Mark Meadows (R-NC) are original cosponsors of the bill. On May
19, 2015, the Committee on Oversight and Government Reform
ordered H.R. 2395 favorably reported, without amendment.
On February 3, 2015, the Committee on Oversight and
Government Reform held a hearing titled, ``Inspectors General:
Independence, Access and Authority.''
During the 113th Congress, similar legislation, H.R. 5492,
was ordered favorably reported, as amended, by the Committee on
Oversight and Government Reform. The Committee held hearings on
January 15, 2014, titled, ``Strengthening Agency Oversight:
Empowering the Inspectors General Community,'' and September
10, 2014, titled, ``Obstructing Oversight: Concerns From
Inspectors General.''
Section-by-Section
Section 1. Short title; table of contents
Designates the short title of the bill as the ``Inspector
General Empowerment Act of 2015''.
Section 2. Additional authority provisions for inspectors general
Authorizes Inspectors General to issue testimonial
subpoenas, including to federal government contractors and
former federal employees, with each subpoena subject to review
prior to issuance, first by a Council of the Inspectors General
on Integrity and Efficiency (CIGIE) panel, and then by the
Justice Department. The Justice Department can prevent or
postpone the issuance of a subpoena if it would interfere with
an ongoing investigation.
Exempts Inspectors General from the Computer Matching and
Privacy Protection Act to facilitate review and identification
of fraud.
Section 3. Additional responsibilities of the Council of the Inspectors
General on integrity and efficiency
Expedites investigations conducted by the CIGIE Integrity
Committee and requires progress reports concerning ongoing
investigations.
Section 4. Paperwork Reduction Act exemption
Exempts from the Paperwork Reduction Act any information
collected during an investigation, audit, inspection,
evaluation or other review by an Inspector General, in order to
facilitate their work.
Section 5. Amendments to the Inspector General Act of 1978 and the
Inspector General Reform Act of 2008
Makes a number of technical amendments to the Inspector
General Act of 1978 and the Inspector General Reform Act of
2008, including (1) codification of the authority of CIGIE
Integrity Committee to investigate allegations of wrongdoing
against the Special Counsel or Deputy Special Counsel; (2)
clarification that non-agency Offices of Inspectors General may
promise to keep anonymous the identity of parties filing
complaints; (3) clarification that reports an Office of
Inspector General posts on its website includes audit reports,
inspection reports and evaluation reports, consistent with
semi-annual reporting requirements; (4) repealing section 744
of the Financial Services and General Government Appropriations
Act of 2009 that conflicts with the Inspector General Reform
Act of 2008 language regarding Office of Inspector General
websites; and (5) correction of various cross-references,
punctuation, and typographical errors.
Section 6. Reports required
Requires that the Government Accountability Office issue a
report concerning prolonged vacancies in Offices of Inspector
General, and that CIGIE issue a report on collaboration among
Inspectors General on cross-cutting issues that pertain to
waste, fraud, abuse and/or mismanagement across the
jurisdiction of more than one individual Office of Inspector
General.
Section 7. Public release of misconduct report
Requires the public release of any Inspector General report
that finds misconduct for senior executive service employees,
political appointees, and general and flag officers.
Explanation of Amendments
No amendments were offered during Full Committee
consideration of H.R. 2395.
Committee Consideration
On May 19, 2015 the Committee met in open session and
ordered reported favorably the bill, H.R. 2395, by voice vote,
a quorum being present.
Roll Call Votes
There were no recorded votes during Full Committee
consideration of H.R. 2395.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill amends the Inspector General Act of 1978 to
strengthen the independence of the Inspectors General. As such
this bill does not relate to employment or access to public
services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to amend the Inspector
General Act of 1978 to strengthen the independence of the
Inspectors General.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does direct
the completion of a specific rule making within the meaning of
5 U.S.C. 551. H.R. 2395 requires the Chairperson of the Council
of the Inspectors General on Integrity and Efficiency, in
consultation with the Attorney General, to prescribe
regulations for the testimonial subpoena authority provided to
the Inspectors General under section two of the bill.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:
H.R. 2395--Inspector General Empowerment Act of 2015
H.R. 2395 would amend the Inspector General Act of 1978 to
expand the subpoena authority for inspectors general (IGs). The
bill also would require additional reports on IG activities to
the Congress, and would make technical changes to the
authorities of the inspectors general.
Subject to the availability of appropriated funds, CBO
estimates that implementing the bill would cost $2 million over
the 2016-2020 period to prepare additional IG reports and a
report by the Government Accountability Office. That estimate
is based on information from the Council of Inspectors General
on Integrity and Efficiency (CIGIE) and selected IGs. Enacting
H.R. 2395 could affect direct spending by some agencies (such
as the Tennessee Valley Authority) because they are authorized
to use receipts from the sale of goods, fees, and other
collections to cover their operating costs. Therefore, pay-as-
you-go procedures apply. Because most of those agencies can
make adjustments to the amounts collected as operating costs
change, CBO estimates that any net changes in direct spending
by those agencies would not be significant. Enacting the bill
would not affect revenues.
H.R. 2395 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On March 17, 2015, CBO transmitted a cost estimate for S.
579, the Inspector General Empowerment Act of 2015, as ordered
reported by the Senate Committee on Homeland Security and
Governmental Affairs on March 4, 2015. Both bills address
inspector general authorities, but S. 579 would authorize
appropriations of specific amounts for the CIGIE. CBO's
estimated costs reflect that authorization and differences in
the number of reports.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
INSPECTOR GENERAL ACT OF 1978
* * * * * * *
appointment and removal of officers
Sec. 3. (a) There shall be at the head of each Office an
Inspector General who shall be appointed by the President, by
and with the advice and consent of the Senate, 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. Each Inspector General shall report to and be
under the general supervision of the head of the establishment
involved or, to the extent such authority is delegated, the
officer next in rank below such head, but shall not report to,
or be subject to supervision by, any other officer of such
establishment. Neither the head of the establishment nor the
officer next in rank below such head shall prevent or prohibit
the Inspector General from initiating, carrying out, or
completing any audit or investigation, or from issuing any
[subpena] subpoena during the course of any audit or
investigation.
(b) An Inspector General may be removed from office by the
President. 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.
(c) For the purposes of section 7324 of title 5, United
States Code, no Inspector General shall be considered to be an
employee who determines policies to be pursued by the United
States in the nationwide administration of Federal laws.
(d)(1) Each Inspector General shall, in accordance with
applicable laws and regulations governing the civil service----
(A) appoint an Assistant Inspector General for
Auditing who shall have the responsibility for
supervising the performance of auditing activities
relating to programs and operations of the
establishment;
(B) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations; and
(C) designate a Whistleblower Protection Ombudsman
who shall educate agency employees----
(i) about prohibitions on retaliation for
protected disclosures; and
(ii) who have made or are contemplating
making a protected disclosure about the rights
and remedies against retaliation for protected
disclosures
(2) The Whistleblower Protection Ombudsman shall not act as a
legal representative, agent, or advocate of the employee or
former employee.
(3) For the purposes of this section, the requirement of the
designation of a Whistleblower Protection Ombudsman under
paragraph (1)(C) shall not apply to----
(A) any agency that is an element of the intelligence
community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))); or
(B) as determined by the President, any executive
agency or unit thereof the principal function of which
is the conduct of foreign intelligence or counter
intelligence activities.
(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.
(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.
(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.
Sec. 4. (a) It shall be the duty and responsibility of each
Inspector General, with respect to the establishment within
which his Office is established----
(1) to provide policy direction for and to conduct,
supervise, and coordinate audits and investigations
relating to the programs and operations of such
establishment;
(2) to review existing and proposed legislation and
regulations relating to programs and operations of such
establishment and to make recommendations in the
semiannual reports required by section 5(a) concerning
the impact of such legislation or regulations on the
economy and efficiency in the administration of
programs and operations administered or financed by
such establishment or the prevention and detection of
fraud and abuse in such programs and operations;
(3) to recommend policies for, and to conduct,
supervise, or coordinate other activities carried out
or financed by such establishment for the purpose of
promoting economy and efficiency in the administration
of, or preventing and detecting fraud and abuse in, its
programs and operations;
(4) to recommend policies for, and to conduct,
supervise, or coordinate relationships between such
establishment and other Federal agencies, State and
local governmental agencies, and non-governmental
entities with respect to (A) all matters relating to
the promotion of economy and efficiency in the
administration of, or the prevention and detection of
fraud and abuse in, programs and operations
administered or financed by such establishment, or (B)
the identification and prosecution of participants in
such fraud or abuse[; and];
(5) to keep the head of such establishment and the
Congress fully and currently informed, by means of the
reports required by section 5 and otherwise, concerning
fraud and other serious problems, abuses, and
deficiencies relating to the administration of programs
and operations administered or financed by such
establishment, to recommend corrective action
concerning such problems, abuses, and deficiencies, and
to report on the progress made in implementing such
corrective action[.]; and
(6) to make publicly available not later than 60 days
after issuing a final report on any administrative
investigation that confirms misconduct, including any
violation of Federal law and any violation of Federal
agency policy, by any member of the Senior Executive
Service, employee in a position that is excepted from
the competitive service because of its confidential,
policy-determining, policy-making, or policy-advocating
character, or commissioned officer in the Armed Forces
in pay grades O-6 and above (ensuring that information
protected under section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information
Act''), section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974''), and
section 6103 of the Internal Revenue Code of 1986 is
not disclosed).
(b)(1) In carrying out the responsibilities specified in
subsection (a)(1), each Inspector General shall----
(A) comply with standards established by the
Comptroller General of the United States for audits of
Federal establishments, organizations, programs,
activities, and functions;
(B) establish guidelines for determining when it
shall be appropriate to use non-Federal auditors; and
(C) take appropriate steps to assure that any work
performed by non-Federal auditors complies with the
standards established by the Comptroller General as
described in paragraph (1).
(2) For purposes of determining compliance with paragraph
(1)(A) with respect to whether internal quality controls are in
place and operating and whether established audit standards,
policies, and procedures are being followed by Offices of
Inspector General of establishments defined under section
12(2), Offices of Inspector General of designated Federal
entities defined under section [8F(a)(2)] 8G(a)(2), and any
audit office established within a Federal entity defined under
section [8F(a)(1)] 8G(a)(1), reviews shall be performed
exclusively by an audit entity in the Federal Government,
including the General Accounting Office or the Office of
Inspector General of each establishment defined under section
12(2), or the Office of Inspector General of each designated
Federal entity defined under section [8F(a)(2)] 8G(a)(2).
(c) In carrying out the duties and responsibilities
established under this Act, each Inspector General shall give
particular regard to the activities of the Comptroller General
of the United States with a view toward avoiding duplication
and insuring effective coordination and cooperation.
(d) In carrying out the duties and responsibilities
established under this Act, each Inspector General shall report
expeditiously to the Attorney General whenever the Inspector
General has reasonable grounds to believe there has been a
violation of Federal criminal law.
reports
Sec. 5. (a) Each Inspector General shall, not later than
April 30 and October 31 of each year, prepare semiannual
reports summarizing the activities of the Office during the
immediately preceding six-month periods ending March 31 and
September 30. Such reports shall include, but need not be
limited to----
(1) a description of significant problems, abuses,
and deficiencies relating to the administration of
programs and operations of such establishment disclosed
by such activities during the reporting period;
(2) a description of the recommendations for
corrective action made by the Office during the
reporting period with respect to significant problems,
abuses, or deficiencies identified pursuant to
paragraph (1);
(3) an identification of each significant
recommendation described in previous semiannual reports
on which corrective action has not been completed;
(4) a summary of matters referred to prosecutive
authorities and the prosecutions and convictions which
have resulted;
(5) a summary of each report made to the head of the
establishment under section 6(b)(2) during the
reporting period;
(6) a listing, subdivided according to subject
matter, of each audit report, inspection reports, and
evaluation reports issued by the Office during the
reporting period and for each report, where applicable,
the total dollar value of questioned costs (including a
separate category for the dollar value of unsupported
costs) and the dollar value of recommendations that
funds be put to better use;
(7) a summary of each particularly significant
report;
(8) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the total dollar value of questioned costs
(including a separate category for the dollar value of
unsupported costs), for reports----
(A) for which no management decision had been
made by the commencement of the reporting
period;
(B) which were issued during the reporting
period;
(C) for which a management decision was made
during the reporting period, including----
(i) the dollar value of disallowed
costs; and
(ii) the dollar value of costs not
disallowed; and
(D) for which no management decision has been
made by the end of the reporting period;
(9) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of recommendations that
funds be put to better use by management, for reports--
--
(A) for which no management decision had been
made by the commencement of the reporting
period;
(B) which were issued during the reporting
period;
(C) for which a management decision was made
during the reporting period, including----
(i) the dollar value of
recommendations that were agreed to by
management; and
(ii) the dollar value of
recommendations that were not agreed to
by management; and
(D) for which no management decision has been
made by the end of the reporting period;
(10) a summary of each audit report, inspection
reports, and evaluation reports issued before the
commencement of the reporting period for which no
management decision has been made by the end of the
reporting period (including the date and title of each
such report), an explanation of the reasons such
management decision has not been made, and a statement
concerning the desired timetable for achieving a
management decision on each such report;
(11) a description and explanation of the reasons for
any significant revised management decision made during
the reporting period;
(12) information concerning any significant
management decision with which the Inspector General is
in disagreement;
(13) the information described under section [05(b)]
804(b) of the Federal Financial Management Improvement
Act of 1996;
(14)(A) an appendix containing the results of any
peer review conducted by another Office of Inspector
General during the reporting period; or
(B) if no peer review was conducted within that
reporting period, a statement identifying the date of
the last peer review conducted by another Office of
Inspector General;
(15) a list of any outstanding recommendations from
any peer review conducted by another Office of
Inspector General that have not been fully implemented,
including a statement describing the status of the
implementation and why implementation is not complete[;
and];
(16) a list of any peer reviews conducted by the
Inspector General of another Office of the Inspector
General during the reporting period, including a list
of any outstanding recommendations made from any
previous peer review (including any peer review
conducted before the reporting period) that remain
outstanding or have not been fully implemented[.];
(17) a description of the use of subpoenas for the
attendance and testimony of certain witnesses
authorized under section 6A; and
(18) a list of and summary of any administrative
investigation that confirms misconduct, including any
violation of Federal law and violation of any Federal
agency policy, by any member of the Senior Executive
Service, employee in a position that is excepted from
the competitive service because of its confidential,
policy-determining, policy-making, or policy-advocating
character, or commissioned officer in the Armed Forces
in pay grades O-6 and above.
(b) Semiannual reports of each Inspector General shall be
furnished to the head of the establishment involved not later
than April 30 and October 31 of each year and shall be
transmitted by such head to the appropriate committees or
subcommittees of the Congress within thirty days after receipt
of the report, together with a report by the head of the
establishment containing----
(1) any comments such head determines appropriate;
(2) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of disallowed costs, for
reports--
(A) for which final action had not been taken
by the commencement of the reporting period;
(B) on which management decisions were made
during the reporting period;
(C) for which final action was taken during
the reporting period, including----
(i) the dollar value of disallowed
costs that were recovered by management
through collection, offset, property in
lieu of cash, or otherwise; and
(ii) the dollar value of disallowed
costs that were written off by
management; and
(D) for which no final action has been taken
by the end of the reporting period;
(3) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of recommendations that
funds be put to better use by management agreed to in a
management decision, for reports----
(A) for which final action had not been taken
by the commencement of the reporting period;
(B) on which management decisions were made
during the reporting period;
(C) for which final action was taken during
the reporting period, including----
(i) the dollar value of
recommendations that were actually
completed; and
(ii) the dollar value of
recommendations that management has
subsequently concluded should not or
could not be implemented or completed;
and
(D) for which no final action has been taken
by the end of the reporting period; and
(4) a statement with respect to audit reports on
which management decisions have been made but final
action has not been taken, other than audit reports on
which a management decision was made within the
preceding year, containing----
(A) a list of such audit reports and the date
each such report was issued;
(B) the dollar value of disallowed costs for
each report;
(C) the dollar value of recommendations that
funds be put to better use agreed to by
management for each report; and
(D) an explanation of the reasons final
action has not been taken with respect to each
such audit report,
except that such statement may exclude such audit
reports that are under formal administrative or
judicial appeal or upon which management of an
establishment has agreed to pursue a legislative
solution, but shall identify the number of reports in
each category so excluded.
(c) Within sixty days of the transmission of the semiannual
reports of each Inspector General to the Congress, the head of
each establishment shall make copies of such report available
to the public upon request and at a reasonable cost. Within 60
days after the transmission of the semiannual reports of each
establishment head to the Congress, the head of each
establishment shall make copies of such report available to the
public upon request and at a reasonable cost.
(d) Each Inspector General shall report immediately to the
head of the establishment involved whenever the Inspector
General becomes aware of particularly serious or flagrant
problems, abuses, or deficiencies relating to the
administration of programs and operations of such
establishment. The head of the establishment shall transmit any
such report to the appropriate committees or subcommittees of
Congress within seven calendar days, together with a report by
the head of the establishment containing any comments such head
deems appropriate.
(e)(1) Nothing in this section shall be construed to
authorize the public disclosure of information which is----
(A) specifically prohibited from disclosure by any
other provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national
defense or national security or in the conduct of
foreign affairs; or
(C) a part of an ongoing criminal investigation.
(2) Notwithstanding paragraph (1)(C), any report under this
section may be disclosed to the public in a form which includes
information with respect to a part of an ongoing criminal
investigation if such information has been included in a public
record.
(3) Except to the extent and in the manner provided under
section 6103(f) of the Internal Revenue Code of 1986, nothing
in this section or in any other provision of this Act shall be
construed to authorize or permit the withholding of information
from the Congress, or from any committee or subcommittee
thereof.
(f) As used in this section----
(1) the term ``questioned cost'' means a cost that is
questioned by the Office because of----
(A) an alleged violation of a provision of a
law, regulation, contract, grant, cooperative
agreement, or other agreement or document
governing the expenditure of funds;
(B) a finding that, at the time of the audit,
such cost is not supported by adequate
documentation; or
(C) a finding that the expenditure of funds
for the intended purpose is unnecessary or
unreasonable;
(2) the term ``unsupported cost'' means a cost that
is questioned by the Office because the Office found
that, at the time of the audit, such cost is not
supported by adequate documentation;
(3) the term ``disallowed cost'' means a questioned
cost that management, in a management decision, has
sustained or agreed should not be charged to the
Government;
(4) the term ``recommendation that funds be put to
better use'' means a recommendation by the Office that
funds could be used more efficiently if management of
an establishment took actions to implement and complete
the recommendation, including----
(A) reductions in outlays;
(B) deobligation of funds from programs or
operations;
(C) withdrawal of interest subsidy costs on
loans or loan guarantees, insurance, or bonds;
(D) costs not incurred by implementing
recommended improvements related to the
operations of the establishment, a contractor
or grantee;
(E) avoidance of unnecessary expenditures
noted in preaward reviews of contract or grant
agreements; or
(F) any other savings which are specifically
identified;
(5) the term ``management decision'' means the
evaluation by the management of an establishment of the
findings and recommendations included in an audit
report and the issuance of a final decision by
management concerning its response to such findings and
recommendations, including actions concluded to be
necessary; and
(6) the term ``final action'' means--
(A) the completion of all actions that the
management of an establishment has concluded,
in its management decision, are necessary with
respect to the findings and recommendations
included in an audit report; and
(B) in the event that the management of an
establishment concludes no action is necessary,
final action occurs when a management decision
has been made.
authority; administration provisions
Sec. 6. (a) In addition to the authority otherwise provided
by this Act, each Inspector General, in carrying out the
provisions of this Act, is authorized----
(1) to have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material available to the applicable establishment
which relate to programs and operations with respect to
which that Inspector General has responsibilities under
this Act;
(2) to make such investigations and reports relating
to the administration of the programs and operations of
the applicable establishment as are, in the judgment of
the Inspector General, necessary or desirable;
(3) to request such information or assistance as may
be necessary for carrying out the duties and
responsibilities provided by this Act from any Federal,
State, or local governmental agency or unit thereof;
(4) to require by subpoena the production of all
information, documents, reports, answers, records,
accounts, papers, and other data in any medium
(including electronically stored [information, as well
as any tangible thing)] information), as well as any
tangible thing and documentary evidence necessary in
the performance of the functions assigned by this Act,
which [subpena] subpoena, in the case of contumacy or
refusal to obey, shall be enforceable by order of any
appropriate United States district court: Provided,
That procedures other than [subpenas] subpoenas shall
be used by the Inspector General to obtain documents
and information from Federal agencies;
(5) to administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary in the
performance of the functions assigned by this Act,
which oath, affirmation, or affidavit when administered
or taken by or before an employee of an Office of
Inspector General designated by the Inspector General
shall have the same force and effect as if administered
or taken by or before an officer having a seal;
(6) to have direct and prompt access to the head of
the establishment involved when necessary for any
purpose pertaining to the performance of functions and
responsibilities under this Act;
(7) to select, appoint, and employ such officers and
employees as may be necessary for carrying out the
functions, powers, and duties of the Office 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;
(8) to obtain services as authorized by section 3109
of title 5, United States Code, at daily rates not to
exceed the equivalent rate prescribed for grade GS-18
of the General Schedule by section 5332 of title 5,
United States Code[; and];
(9) notwithstanding paragraph (12) of subsection (e)
and subsections (o), (p), (q), (r), and (u) of section
552a of title 5, United States Code----
(A) to compare, through a matching program
(as defined in such section), any Federal
records with other Federal or non-Federal
records, while conducting an audit,
investigation, inspection, evaluation, or other
review authorized under this Act to identify
weaknesses that may lead to waste, fraud, or
abuse and to detect improper payments and
fraud; and
(B) to take action to protect any information
collected pursuant to subparagraph (A); and
[(9)] (10) to the extent and in such amounts as may
be provided in advance by appropriations Acts, to enter
into contracts and other arrangements for audits,
studies, analyses, and other services with public
agencies and with private persons, and to make such
payments as may be necessary to carry out the
provisions of this Act.
(b)(1) Upon request of an Inspector General for information
or assistance under subsection (a)(3), the head of any Federal
agency involved shall, insofar as is practicable and not in
contravention of any existing statutory restriction or
regulation of the Federal agency from which the information is
requested, furnish to such Inspector General, or to an
authorized designee, such information or assistance.
(2) Whenever information or assistance requested under
subsection (a)(1) or (a)(3) is, in the judgment of an Inspector
General, unreasonably refused or not provided, the Inspector
General shall report the circumstances to the head of the
establishment involved without delay.
(c) Each head of an establishment shall provide the Office
within such establishment with appropriate and adequate office
space at central and field office locations of such
establishment, together with such equipment, office supplies,
and communications facilities and services as may be necessary
for the operation of such offices, and shall provide necessary
maintenance services for such offices and the equipment and
facilities located therein.
(d)(1)(A) 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,''.
(e)(1) In addition to the authority otherwise provided by
this Act, each Inspector General, any Assistant Inspector
General for Investigations under such an Inspector General, and
any special agent supervised by such an Assistant Inspector
General may be authorized by the Attorney General to----
(A) carry a firearm while engaged in official duties
as authorized under this Act or other statute, or as
expressly authorized by the Attorney General;
(B) make an arrest without a warrant while engaged in
official duties as authorized under this Act or other
statute, or as expressly authorized by the Attorney
General, for any offense against the United States
committed in the presence of such Inspector General,
Assistant Inspector General, or agent, or for any
felony cognizable under the laws of the United States
if such Inspector General, Assistant Inspector General,
or agent has reasonable grounds to believe that the
person to be arrested has committed or is committing
such felony; and
(C) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the
authority of the United States upon probable cause to
believe that a violation has been committed.
(2) The Attorney General may authorize exercise of the powers
under this subsection only upon an initial determination that--
(A) the affected Office of Inspector General is
significantly hampered in the performance of
responsibilities established by this Act as a result of
the lack of such powers;
(B) available assistance from other law enforcement
agencies is insufficient to meet the need for such
powers; and
(C) adequate internal safeguards and management
procedures exist to ensure proper exercise of such
powers.
(3) The Inspector General offices of the Department of
Commerce, Department of Education, Department of Energy,
Department of Health and Human Services, Department of Homeland
Security, Department of Housing and Urban Development,
Department of the Interior, Department of Justice, Department
of Labor, Department of State, Department of Transportation,
Department of the Treasury, Department of Veterans Affairs,
Agency for International Development, Environmental Protection
Agency, Federal Deposit Insurance Corporation, Federal
Emergency Management Agency, General Services Administration,
National Aeronautics and Space Administration, Nuclear
Regulatory Commission, Office of Personnel Management, Railroad
Retirement Board, Small Business Administration, Social
Security Administration, and the Tennessee Valley Authority are
exempt from the requirement of paragraph (2) of an initial
determination of eligibility by the Attorney General.
(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of the
law enforcement powers established under paragraph (1).
(5)(A) Powers authorized for an Office of Inspector General
under paragraph (1) may be rescinded or suspended upon a
determination by the Attorney General that any of the
requirements under paragraph (2) is no longer satisfied or that
the exercise of authorized powers by that Office of Inspector
General has not complied with the guidelines promulgated by the
Attorney General under paragraph (4).
(B) Powers authorized to be exercised by any individual under
paragraph (1) may be rescinded or suspended with respect to
that individual upon a determination by the Attorney General
that such individual has not complied with guidelines
promulgated by the Attorney General under paragraph (4).
(6) A determination by the Attorney General under paragraph
(2) or (5) shall not be reviewable in or by any court.
(7) To ensure the proper exercise of the law enforcement
powers authorized by this subsection, the Offices of Inspector
General described under paragraph (3) shall, not later than 180
days after the date of enactment of this subsection,
collectively enter into a memorandum of understanding to
establish an external review process for ensuring that adequate
internal safeguards and management procedures continue to exist
within each Office and within any Office that later receives an
authorization under paragraph (2). The review process shall be
established in consultation with the Attorney General, who
shall be provided with a copy of the memorandum of
understanding that establishes the review process. Under the
review process, the exercise of the law enforcement powers by
each Office of Inspector General shall be reviewed periodically
by another Office of Inspector General or by a committee of
Inspectors General. The results of each review shall be
communicated in writing to the applicable Inspector General and
to the Attorney General.
(8) No provision of this subsection shall limit the exercise
of law enforcement powers established under any other statutory
authority, including United States Marshals Service special
deputation.
(9) In this subsection, the term ``Inspector General'' means
an Inspector General appointed under section 3 or an Inspector
General appointed under section 8G.
(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) 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. 6A. ADDITIONAL AUTHORITY.
(a) Testimonial Subpoena Authority.--In addition to the
authority otherwise provided by this Act and in accordance with
the requirements of this section, each Inspector General (and
each Special Inspector General not established under this Act),
in carrying out the provisions of this Act (or in the case of a
Special Inspector General, the provisions of the authorizing
statute), is authorized to require by subpoena the attendance
and testimony of certain witnesses, including a contractor with
the Federal Government or a designated Federal entity and any
former Federal employee or employee of a designated Federal
entity (but not including any Federal employee), necessary in
the performance of the functions assigned by this Act, which
subpoena, in the case of contumacy or refusal to obey, shall be
enforceable by order of any appropriate United States district
court.
(b) Nondelegation.--The authority to issue a subpoena under
subsection (a) may not be delegated.
(c) Limitation.--The authority to issue a subpoena under
subsection (a) is limited to an investigation of fraud or waste
in excess of $100,000 unless there is reasonable cause to
believe a crime has been committed.
(d) Panel Review Before Issuance.--
(1) Approval required.--
(A) Request for approval by subpoena panel.--
Before the issuance of a subpoena described in
subsection (a), an Inspector General shall
submit a request for approval to issue a
subpoena to a panel (in this section, referred
to as the ``Subpoena Panel''), which shall be
comprised of three Inspectors General of the
Council of the Inspectors General on Integrity
and Efficiency, who shall be designated by the
Inspector General serving as Chairperson of the
Council.
(B) Reasonable cause.--Any request submitted
by an Inspector General under subparagraph (A)
shall demonstrate reasonable cause that each
witness requested by the subpoena possesses
information pertinent and necessary to the
investigation.
(C) Protection from disclosure.--The
information contained in the request submitted
by an Inspector General under subparagraph (A)
and the identification of a witness shall be
protected from disclosure to the extent
practicable.
(2) Time to respond.--
(A) In general.--Except as provided in
subparagraph (B), the Subpoena Panel shall
approve or deny a request for approval to issue
a subpoena not later than 10 days after the
submission of such request.
(B) Additional information for panel.--If the
Subpoena Panel determines that additional
information is necessary to approve or deny
such request, the Subpoena Panel shall request
such information and shall approve or deny such
request not later than 20 days after the
submission of such request.
(3) Denial by panel.--If a majority of the Subpoena
Panel denies the approval of a subpoena, that subpoena
may not be issued.
(e) Notice to Attorney General.--
(1) In general.--If the Subpoena Panel approves a
subpoena under subsection (d), the Inspector General
shall notify the Attorney General that the Inspector
General intends to issue the subpoena.
(2) Denial for interference with an ongoing
investigation.--The Attorney General shall approve or
deny the issuance of a subpoena. If the Attorney
General denies the issuance of the subpoena, the
subpoena may not be issued. The Attorney General shall
make every effort to issue an approval or denial under
this paragraph within 30 days after notification by the
Inspector General under paragraph (1).
(3) Issuance of subpoena.--An Inspector General may
not issue a subpoena under this section unless the
Attorney General approves the issuance of the subpoena.
(f) Regulations.--The Chairperson of the Council of the
Inspectors General on Integrity and Efficiency, in consultation
with the Attorney General, shall prescribe regulations to carry
out the purposes of this section.
* * * * * * *
special provisions concerning the department of the treasury
Sec. 8D. (a)(1) Notwithstanding the last two sentences of
section 3(a), the Inspector General of the Department of the
Treasury shall be under the authority, direction, and control
of the Secretary of the Treasury with respect to audits or
investigations, or the issuance of [subpenas] subpoenas, which
require access to sensitive information concerning----
(A) ongoing criminal investigations or proceedings;
(B) undercover operations;
(C) the identity of confidential sources, including
protected witnesses;
(D) deliberations and decisions on policy matters,
including documented information used as a basis for
making policy decisions, the disclosure of which could
reasonably be expected to have a significant influence
on the economy or market behavior;
(E) intelligence or counterintelligence matters; or
(F) other matters the disclosure of which would
constitute a serious threat to national security or to
the protection of any person or property authorized
protection by section 3056 of title 18, United States
Code, section 3056A of title 18, United States Code, or
any provision of the Presidential Protection Assistance
Act of 1976 (18 U.S.C. 3056 note; Public Law 94-524).
(2) With respect to the information described under paragraph
(1), the Secretary of the Treasury may prohibit the Inspector
General of the Department of the Treasury from carrying out or
completing any audit or investigation, or from issuing any
[subpena] subpoena, after such Inspector General has decided to
initiate, carry out, or complete such audit or investigation or
to issue such [subpena] subpoena, if the Secretary determines
that such prohibition is necessary to prevent the disclosure of
any information described under paragraph (1) or to prevent
significant impairment to the national interests of the United
States.
(3) If the Secretary of the Treasury exercises any power
under paragraph (1) or (2), the Secretary of the Treasury shall
notify the Inspector General of the Department of the Treasury
in writing stating the reasons for such exercise. Within 30
days after receipt of any such notice, the Inspector General of
the Department of the Treasury shall transmit a copy of such
notice to the Committees on Governmental Affairs and Finance of
the Senate and the Committees on Government Operations and Ways
and Means of the House of Representatives, and to other
appropriate committees or subcommittees of the Congress.
(4) The Secretary of the Treasury may not exercise
any power under paragraph (1) or (2) with respect to
the Treasury Inspector General for Tax Administration.
(b)(1) In carrying out the duties and responsibilities
specified in this Act, the Inspector General of the Department
of the Treasury shall have oversight responsibility for the
internal investigations performed by the Office of Internal
Affairs of the Tax and Trade Bureau. The head of such office
shall promptly report to the Inspector General the significant
activities being carried out by such office.
(2) The Inspector General of the Department of the
Treasury shall exercise all duties and responsibilities
of an Inspector General for the Department of the
Treasury other than the duties and responsibilities
exercised by the Treasury Inspector General for Tax
Administration.
(3) The Secretary of the Treasury shall establish
procedures under which the Inspector General of the
Department of the Treasury and the Treasury Inspector
General for Tax Administration will----
(A) determine how audits and investigations
are allocated in cases of overlapping
jurisdiction; and
(B) provide for coordination, cooperation,
and efficiency in the conduct of such audits
and investigations.
(c) Notwithstanding subsection (b), the Inspector General of
the Department of the Treasury may initiate, conduct and
supervise such audits and investigations in the Department of
the Treasury (including the bureau referred to in subsection
(b)) as the Inspector General of the Department of the Treasury
considers appropriate.
(d) If the Inspector General of the Department of the
Treasury initiates an audit or investigation under subsection
(c) concerning the bureau referred to in subsection (b), the
Inspector General of the Department of the Treasury may provide
the head of the office of such bureau referred to in subsection
(b) with written notice that the Inspector General of the
Department of the Treasury has initiated such an audit or
investigation. If the Inspector General of the Department of
the Treasury issues a notice under the preceding sentence, no
other audit or investigation shall be initiated into the matter
under audit or investigation by the Inspector General of the
Department of the Treasury and any other audit or investigation
of such matter shall cease.
(e)(1) The Treasury Inspector General for Tax Administration
shall have access to returns and return information, as defined
in section 6103(b) of the Internal Revenue Code of 1986, only
in accordance with the provisions of section 6103 of such Code
and this Act.
(2) The Internal Revenue Service shall maintain the
same system of standardized records or accountings of
all requests from the Treasury Inspector General for
Tax Administration for inspection or disclosure of
returns and return information (including the reasons
for and dates of such requests), and of returns and
return information inspected or disclosed pursuant to
such requests, as described under section 6103(p)(3)(A)
of the Internal Revenue Code of 1986. Such system of
standardized records or accountings shall also be
available for examination in the same manner as
provided under section 6103(p)(3) of the Internal
Revenue Code of 1986.
(3) The Treasury Inspector General for Tax
Administration shall be subject to the same safeguards
and conditions for receiving returns and return
information as are described under section 6103(p)(4)
of the Internal Revenue Code of 1986.
(f) An audit or investigation conducted by the Inspector
General of the Department of the Treasury or the Treasury
Inspector General for Tax Administration shall not affect a
final decision of the Secretary of the Treasury or his delegate
under section 6406 of the Internal Revenue Code of 1986.
(g)(1) Any report required to be transmitted by the Secretary
of the Treasury to the appropriate committees or subcommittees
of the Congress under section 5(d) shall also be transmitted,
within the seven-day period specified under such section, to
the Committees on Governmental Affairs and Finance of the
Senate and the Committees on Government Reform and Oversight
and Ways and Means of the House of Representatives.
(2) Any report made by the Treasury Inspector General for Tax
Administration that is required to be transmitted by the
Secretary of the Treasury to the appropriate committees or
subcommittees of Congress under section 5(d) shall also be
transmitted, within the 7-day period specified under such
subsection, to the Internal Revenue Service Oversight Board and
the Commissioner of Internal Revenue.
(h) The Treasury Inspector General for Tax Administration
shall exercise all duties and responsibilities of an Inspector
General of an establishment with respect to the Department of
the Treasury and the Secretary of the Treasury on all matters
relating to the Internal Revenue Service. The Treasury
Inspector General for Tax Administration shall have sole
authority under this Act to conduct an audit or investigation
of the Internal Revenue Service Oversight Board and the Chief
Counsel for the Internal Revenue Service.
(i) In addition to the requirements of the first sentence of
section 3(a), the Treasury Inspector General for Tax
Administration should have demonstrated ability to lead a large
and complex organization.
(j) An individual appointed to the position of Treasury
Inspector General for Tax Administration, the Assistant
Inspector General for Auditing of the Office of the Treasury
Inspector General for Tax Administration under section
3(d)(1)(A), the Assistant Inspector General for Investigations
of the Office of the Treasury Inspector General for Tax
Administration under section 3(d)(1)(B), or any position of
Deputy Inspector General of the Office of the Treasury
Inspector General for Tax Administration may not be an employee
of the Internal Revenue Service----
(1) during the 2-year period preceding the date of
appointment to such position; or
(2) during the 5-year period following the date such
individual ends service in such position.
(k)(1) In addition to the duties and responsibilities
exercised by an inspector general of an establishment, the
Treasury Inspector General for Tax Administration--
(A) shall have the duty to enforce criminal
provisions under section 7608(b) of the Internal
Revenue Code of 1986;
(B) in addition to the functions authorized under
section 7608(b)(2) of such Code, may carry firearms;
(C) shall be responsible for protecting the Internal
Revenue Service against external attempts to corrupt or
threaten employees of the Internal Revenue Service, but
shall not be responsible for the conducting of
background checks and the providing of protection to
the Commissioner of Internal Revenue; and
(D) may designate any employee in the Office of the
Treasury Inspector General for Tax Administration to
enforce such laws and perform such functions referred
to under subparagraphs (A), (B), and (C).
(2)(A) In performing a law enforcement function under
paragraph (1), the Treasury Inspector General for Tax
Administration shall report any reasonable grounds to believe
there has been a violation of Federal criminal law to the
Attorney General at an appropriate time as determined by the
Treasury Inspector General for Tax Administration,
notwithstanding section 4(d).
(B) In the administration of section 5(d) and subsection
(g)(2) of this section, the Secretary of the Treasury may
transmit the required report with respect to the Treasury
Inspector General for Tax Administration at an appropriate time
as determined by the Secretary, if the problem, abuse, or
deficiency relates to--
(i) the performance of a law enforcement function
under paragraph (1); and
(ii) sensitive information concerning matters under
subsection (a)(1)(A) through (F).
(3) Nothing in this subsection shall be construed to affect
the authority of any other person to carry out or enforce any
provision specified in paragraph (1).
(l)(1) The Commissioner of Internal Revenue or the Internal
Revenue Service Oversight Board may request, in writing, the
Treasury Inspector General for Tax Administration to conduct an
audit or investigation relating to the Internal Revenue
Service. If the Treasury Inspector General for Tax
Administration determines not to conduct such audit or
investigation, the Inspector General shall timely provide a
written explanation for such determination to the person making
the request.
(2)(A) Any final report of an audit conducted by the Treasury
Inspector General for Tax Administration shall be timely
submitted by the Inspector General to the Commissioner of
Internal Revenue and the Internal Revenue Service Oversight
Board.
(B) The Treasury Inspector General for Tax Administration
shall periodically submit to the Commissioner and Board a list
of investigations for which a final report has been completed
by the Inspector General and shall provide a copy of any such
report upon request of the Commissioner or Board.
(C) This paragraph applies regardless of whether the
applicable audit or investigation is requested under paragraph
(1).
special provisions concerning the department of justice
Sec. 8E. (a)(1) Notwithstanding the last two sentences of
section 3(a), the Inspector General shall be under the
authority, direction, and control of the Attorney General with
respect to audits or investigations, or the issuance of
[subpenas] subpoenas, which require access to sensitive
information concerning----
(A) ongoing civil or criminal investigations or
proceedings;
(B) undercover operations;
(C) the identity of confidential sources, including
protected witnesses;
(D) intelligence or counterintelligence matters; or
(E) other matters the disclosure of which would
constitute a serious threat to national security.
(2) With respect to the information described under paragraph
(1), the Attorney General may prohibit the Inspector General
from carrying out or completing any audit or investigation, or
from issuing any [subpena] subpoena, after such Inspector
General has decided to initiate, carry out, or complete such
audit or investigation or to issue such [subpena] subpoena, if
the Attorney General determines that such prohibition is
necessary to prevent the disclosure of any information
described under paragraph (1) or to prevent the significant
impairment to the national interests of the United States.
(3) If the Attorney General exercises any power under
paragraph (1) or (2), the Attorney General shall notify the
Inspector General in writing stating the reasons for such
exercise. Within 30 days after receipt of any such notice, the
Inspector General shall transmit a copy of such notice to the
Committees on Governmental Affairs and Judiciary of the Senate
and the Committees on Government Operations and Judiciary of
the House of Representatives, and to other appropriate
committees or subcommittees of the Congress.
(b) In carrying out the duties and responsibilities specified
in this Act, the Inspector General of the Department of
Justice----
(1) may initiate, conduct and supervise such audits
and investigations in the Department of Justice as the
Inspector General considers appropriate;
(2) except as specified in subsection (a) and
paragraph (3), may investigate allegations of criminal
wrongdoing or administrative misconduct by an employee
of the Department of Justice, or may, in the discretion
of the Inspector General, refer such allegations to the
Office of Professional Responsibility or the internal
affairs office of the appropriate component of the
Department of Justice;
(3) shall refer to the Counsel, Office of
Professional Responsibility of the Department of
Justice, allegations of misconduct involving Department
attorneys, investigators, or law enforcement personnel,
where the allegations relate to the exercise of the
authority of an attorney to investigate, litigate, or
provide legal advice, except that no such referral
shall be made if the attorney is employed in the Office
of Professional Responsibility;
(4) may investigate allegations of criminal
wrongdoing or administrative misconduct by a person who
is the head of any agency or component of the
Department of Justice; and
(5) shall forward the results of any investigation
conducted under paragraph (4), along with any
appropriate recommendation for disciplinary action, to
the Attorney General.
(c) Any report required to be transmitted by the Attorney
General to the appropriate committees or subcommittees of the
Congress under section 5(d) shall also be transmitted, within
the seven-day period specified under such section, to the
Committees on the Judiciary and Governmental Affairs of the
Senate and the Committees on the Judiciary and Government
Operations of the House of Representatives.
(d) The Attorney General shall ensure by regulation that any
component of the Department of Justice receiving a nonfrivolous
allegation of criminal wrongdoing or administrative misconduct
by an employee of the Department of Justice, except with
respect to allegations described in subsection (b)(3), shall
report that information to the Inspector General.
* * * * * * *
requirements for federal entities and designated federal entities
Sec. 8G. (a) Notwithstanding section 12 of this Act, as used
in this section----
(1) the term ``Federal entity'' means any Government
corporation (within the meaning of section 103(1) of
title 5, United States Code), any Government controlled
corporation (within the meaning of section 103(2) of
such title), or any other entity in the Executive
branch of the Government, or any independent regulatory
agency, but does not include----
(A) an establishment (as defined under
section 12(2) of this Act) or part of an
establishment;
(B) a designated Federal entity (as defined
under paragraph (2) of this subsection) or part
of a designated Federal entity;
(C) the Executive Office of the President;
(D) the Central Intelligence Agency;
(E) the General Accounting Office; or
(F) any entity in the judicial or legislative
branches of the Government, including the
Administrative Office of the United States
Courts and the Architect of the Capitol and any
activities under the direction of the Architect
of the Capitol;
(2) the term ``designated Federal entity'' means
Amtrak, the Appalachian Regional Commission, the Board
of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection, the Board for
International Broadcasting, the Commodity Futures
Trading Commission, the Consumer Product Safety
Commission, the Corporation for Public Broadcasting,
the Defense Intelligence Agency, the Equal Employment
Opportunity Commission, the Farm Credit Administration,
the Federal Communications Commission, the Federal
Deposit Insurance Corporation, the Federal Election
Commission, the Election Assistance Commission, the
Federal Housing Finance Board, the Federal Labor
Relations Authority, the Federal Maritime Commission,
the Federal Trade Commission, the Legal Services
Corporation, the National Archives and Records
Administration, the National Credit Union
Administration, the National Endowment for the Arts,
the National Endowment for the Humanities, the National
Geospatial-Intelligence Agency, the National Labor
Relations Board, the National Science Foundation, the
Panama Canal Commission, the Peace Corps, the Pension
Benefit Guaranty Corporation, the Securities and
Exchange Commission, the Smithsonian Institution, the
United States International Trade Commission, the
Postal Regulatory Commission, and the United States
Postal Service;
(3) the term ``head of the Federal entity'' means any
person or persons designated by statute as the head of
a Federal entity, and if no such designation exists,
the chief policymaking officer or board of a Federal
entity as identified in the list published pursuant to
subsection (h)(1) of this section;
(4) the term ``head of the designated Federal
entity'' means the board or commission of the
designated Federal entity, or in the event the
designated Federal entity does not have a board or
commission, any person or persons designated by statute
as the head of a designated Federal entity and if no
such designation exists, the chief policymaking officer
or board of a designated Federal entity as identified
in the list published pursuant to subsection (h)(1) of
this section, except that----
(A) with respect to the National Science
Foundation, such term means the National
Science Board;
(B) with respect to the United States Postal
Service, such term means the Governors (within
the meaning of section 102(3) of title 39,
United States Code);
(C) with respect to the Federal Labor
Relations Authority, such term means the
members of the Authority (described under
section 7104 of title 5, United States Code);
(D) with respect to the National Archives and
Records Administration, such term means the
Archivist of the United States;
(E) with respect to the National Credit Union
Administration, such term means the National
Credit Union Administration Board (described
under section 102 of the Federal Credit Union
Act (12 U.S.C. 1752a);
(F) with respect to the National Endowment of
the Arts, such term means the National Council
on the Arts;
(G) with respect to the National Endowment
for the Humanities, such term means the
National Council on the Humanities; and
(H) with respect to the Peace Corps, such
term means the Director of the Peace Corps;
(5) the term ``Office of Inspector General'' means an
Office of Inspector General of a designated Federal
entity; and
(6) the term ``Inspector General'' means an Inspector
General of a designated Federal entity.
(b) No later than 180 days after the date of the enactment of
this section, there shall be established and maintained in each
designated Federal entity an Office of Inspector General. The
head of the designated Federal entity shall transfer to such
office the offices, units, or other components, and the
functions, powers, or duties thereof, that such head determines
are properly related to the functions of the Office of
Inspector General and would, if so transferred, further the
purposes of this section. There shall not be transferred to
such office any program operating responsibilities.
(c) Except as provided under subsection (f) of this section,
the Inspector General shall be appointed by the head of the
designated Federal entity in accordance with the applicable
laws and regulations governing appointments within the
designated Federal entity. 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. For purposes of implementing
this section, the Chairman of the Board of Governors of the
Federal Reserve System shall appoint the Inspector General of
the Board of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection. The Inspector General
of the Board of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection shall have all of the
authorities and responsibilities provided by this Act with
respect to the Bureau of Consumer Financial Protection, as if
the Bureau were part of the Board of Governors of the Federal
Reserve System.
(d)(1) Each Inspector General shall report to and be under
the general supervision of the head of the designated Federal
entity, but shall not report to, or be subject to supervision
by, any other officer or employee of such designated Federal
entity. Except as provided in paragraph (2), the head of the
designated Federal entity shall not prevent or prohibit the
Inspector General from initiating, carrying out, or completing
any audit or investigation, or from issuing any [subpena]
subpoena during the course of any audit or investigation.
(2)(A) The Secretary of Defense, in consultation with the
Director of National Intelligence, may prohibit the inspector
general of an element of the intelligence community specified
in subparagraph (D) from initiating, carrying out, or
completing any audit or investigation if the Secretary
determines that the prohibition is necessary to protect vital
national security interests of the United States.
(B) If the Secretary exercises the authority under
subparagraph (A), the Secretary shall submit to the committees
of Congress specified in subparagraph (E) an appropriately
classified statement of the reasons for the exercise of such
authority not later than 7 days after the exercise of such
authority.
(C) At the same time the Secretary submits under subparagraph
(B) a statement on the exercise of the authority in
subparagraph (A) to the committees of Congress specified in
subparagraph (E), the Secretary shall notify the inspector
general of such element of the submittal of such statement and,
to the extent consistent with the protection of intelligence
sources and methods, provide such inspector general with a copy
of such statement. Such inspector general may submit to such
committees of Congress any comments on a notice or statement
received by the inspector general under this subparagraph that
the inspector general considers appropriate.
(D) The elements of the intelligence community specified in
this subparagraph are as follows:
(i) The Defense Intelligence Agency.
(ii) The National Geospatial-Intelligence Agency.
(iii) The National Reconnaissance Office.
(iv) The National Security Agency.
(E) The committees of Congress specified in this subparagraph
are----
(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(ii) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(e)(1) In the case of a designated Federal entity for which a
board or commission is the head of the designated Federal
entity, a removal under this subsection may only be made upon
the written concurrence of a \2/3\ majority of the board or
commission.''.
(2) If an Inspector General is removed from office or is
transferred to another position or location within a designated
Federal entity, the head of the designated Federal entity 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.
(f)(1) For purposes of carrying out subsection (c) with
respect to the United States Postal Service, the appointment
provisions of section 202(e) of title 39, United States Code,
shall be applied.
(2) In carrying out the duties and responsibilities specified
in this Act, the Inspector General of the United States Postal
Service (hereinafter in this subsection referred to as the
``Inspector General'') shall have oversight responsibility for
all activities of the Postal Inspection Service, including any
internal investigation performed by the Postal Inspection
Service. The Chief Postal Inspector shall promptly report the
significant activities being carried out by the Postal
Inspection Service to such Inspector General.
(3)(A)(i) Notwithstanding subsection (d), the Inspector
General shall be under the authority, direction, and control of
the Governors with respect to audits or investigations, or the
issuance of subpoenas, which require access to sensitive
information concerning----
(I) ongoing civil or criminal investigations or
proceedings;
(II) undercover operations;
(III) the identity of confidential sources, including
protected witnesses;
(IV) intelligence or counterintelligence matters; or
(V) other matters the disclosure of which would
constitute a serious threat to national security.
(ii) With respect to the information described under clause
(i), the Governors may prohibit the Inspector General from
carrying out or completing any audit or investigation, or from
issuing any subpoena, after such Inspector General has decided
to initiate, carry out, or complete such audit or investigation
or to issue such subpoena, if the Governors determine that such
prohibition is necessary to prevent the disclosure of any
information described under clause (i) or to prevent the
significant impairment to the national interests of the United
States.
(iii) If the Governors exercise any power under clause (i) or
(ii), the Governors shall notify the Inspector General in
writing stating the reasons for such exercise. Within 30 days
after receipt of any such notice, the Inspector General shall
transmit a copy of such notice to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform
and Oversight of the House of Representatives, and to other
appropriate committees or subcommittees of the Congress.
(B) In carrying out the duties and responsibilities specified
in this Act, the Inspector General----
(i) may initiate, conduct and supervise such audits
and investigations in the United States Postal Service
as the Inspector General considers appropriate; and
(ii) shall give particular regard to the activities
of the Postal Inspection Service with a view toward
avoiding duplication and insuring effective
coordination and cooperation.
(C) Any report required to be transmitted by the Governors to
the appropriate committees or subcommittees of the Congress
under section 5(d) shall also be transmitted, within the seven-
day period specified under such section, to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives.
(4) Nothing in this Act shall restrict, eliminate, or
otherwise adversely affect any of the rights, privileges, or
benefits of either employees of the United States Postal
Service, or labor organizations representing employees of the
United States Postal Service, under chapter 12 of title 39,
United States Code, the National Labor Relations Act, any
handbook or manual affecting employee labor relations with the
United States Postal Service, or any collective bargaining
agreement.
(5) As used in this subsection, the term ``Governors'' has
the meaning given such term by section 102(3) of title 39,
United States Code.
(6) There are authorized to be appropriated, out of
the Postal Service Fund, such sums as may be necessary
for the Office of Inspector General of the United
States Postal Service.
(g)(1) Sections 4, 5, 6 (other than subsections (a)(7) and
(a)(8) thereof), and 7 of this Act shall apply to each
Inspector General and Office of Inspector General of a
designated Federal entity and such sections shall be applied to
each designated Federal entity and head of the designated
Federal entity (as defined under subsection (a)) by
substituting----
(A) ``designated Federal entity'' for
``establishment''; and
(B) ``head of the designated Federal entity'' for
``head of the establishment''.
(2) In addition to the other authorities specified in this
Act, an Inspector General is authorized to select, appoint, and
employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General and to obtain the temporary or intermittent
services of experts or consultants or an organization thereof,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment, and the obtaining of
such services, within the designated Federal entity.
(3) Notwithstanding the last sentence of subsection (d) of
this section, the provisions of subsection (a) of section [8C]
8D (other than the provisions of subparagraphs (A), (B), (C),
and (E) of subsection (a)(1)) shall apply to the Inspector
General of the Board of Governors of the Federal Reserve System
and the Bureau of Consumer Financial Protection and the
Chairman of the Board of Governors of the Federal Reserve
System in the same manner as such provisions apply to the
Inspector General of the Department of the Treasury and the
Secretary of the Treasury, respectively.
(4) Each Inspector General shall----
(A) 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.
(h)(1) No later than April 30, 1989, and annually thereafter,
the Director of the Office of Management and Budget, after
consultation with the Comptroller General of the United States,
shall publish in the Federal Register a list of the Federal
entities and designated Federal entities and if the designated
Federal entity is not a board or commission, include the head
of each such entity (as defined under subsection (a) of this
section).
(2) Beginning on October 31, 1989, and on October 31 of each
succeeding calendar year, the head of each Federal entity (as
defined under subsection (a) of this section) shall prepare and
transmit to the Director of the Office of Management and Budget
and to each House of the Congress a report which----
(A) states whether there has been established in the
Federal entity an office that meets the requirements of
this section;
(B) specifies the actions taken by the Federal entity
otherwise to ensure that audits are conducted of its
programs and operations in accordance with the
standards for audit of governmental organizations,
programs, activities, and functions issued by the
Comptroller General of the United States, and includes
a list of each audit report completed by a Federal or
non-Federal auditor during the reporting period and a
summary of any particularly significant findings; and
(C) summarizes any matters relating to the personnel,
programs, and operations of the Federal entity referred
to prosecutive authorities, including a summary
description of any preliminary investigation conducted
by or at the request of the Federal entity concerning
these matters, and the prosecutions and convictions
which have resulted.
* * * * * * *
SEC. 8M. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS GENERAL.
(a) Direct Links to Inspectors General Offices.--
(1) In general.--Each [agency] Federal agency and
designated Federal entity shall establish and maintain
on the homepage of the website of that [agency] Federal
agency or designated Federal entity, a direct link to
the website of the Office of the Inspector General of
that [agency] Federal agency or designated Federal
entity.
(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] Federal agency and designated
Federal entity shall--
(A) not later than 3 days after any [report
or audit (or portion of any report or audit)]
audit report, inspection report, or evaluation
report (or portion of any such report) is made
publicly available, post that [report or audit
(or portion of that report or audit)] report
(or portion of that report) 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)] report
(or portion of that report) 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
(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] Federal agency and designated
Federal entity 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] Federal agency and designated Federal
entity 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.
* * * * * * *
SEC. 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]
Intelligence Community 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) 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 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) 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) 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) 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) 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;
(D) 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) 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) make such reports to Congress as the
Chairperson determines are necessary or
appropriate[; and];
(H) receive, review, and mediate any disputes
submitted in writing to the Council by an
Office of Inspector General regarding an audit,
investigation, inspection, evaluation, or
project that involves the jurisdiction of more
than one Federal agency or entity; and
[(H)] (I) 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] Federal agency or designated
Federal entity 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.--
(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 or the designee of the Special
Counsel.
(D) The Director of the Office of Government
Ethics or the designee of the Director.
(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
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)[.]; and
(D) not later than 60 days after the date on
which an allegation of wrongdoing is received
by the Integrity Committee, make a
determination whether the Integrity Committee
will initiate an investigation of such
allegation under this subsection.
(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] shall 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.--
(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[.];
(V) creating a regular
rotation of Inspectors General
assigned to investigate
complaints through the
Integrity Committee; and
(VI) creating procedures to
avoid conflicts of interest for
Integrity Committee
investigations.
(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) Completion of investigation.--If a
determination is made under paragraph (5) to
initiate an investigation, the Integrity
Committee----
(i) shall complete the investigation
not later than six months after the
date on which the Integrity Committee
made such determination;
(ii) if the investigation cannot be
completed within such six-month period,
shall----
(I) promptly notify the
congressional committees listed
in paragraph (8)(A)(iii); and
(II) to the maximum extent
practicable, complete the
investigation not later than 3
months after the expiration of
the six-month period; and
(iii) if the investigation cannot be
completed within such nine-month
period, shall brief the congressional
committees listed in paragraph
(8)(A)(iii) every thirty days until the
investigation is complete.
(D) Concurrent investigation.--If an
investigation of an allegation of wrongdoing
against an Inspector General or a staff member
of an Office of Inspector General described
under paragraph (4)(C) is initiated by a
governmental entity other than the Integrity
Committee, the Integrity Committee may conduct
any related investigation for which a
determination to initiate an investigation was
made under paragraph (5) concurrently with the
other government entity.
[(C)] (E) 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) 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) 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 the submission of such
report to the Executive Chairperson
under clause (ii).
(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.
(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.
(12) Allegations of wrongdoing against special
counsel or deputy special counsel.--
(A) Special counsel defined.--In this
paragraph, the term ``Special Counsel'' means
the Special Counsel appointed under section
1211(b) of title 5, United States Code.
(B) Authority of integrity committee.--
(i) 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.
(ii) Coordination with existing
provisions of law.--This paragraph 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.
(C) Regulations.--The Integrity Committee may
prescribe any rules or regulations necessary to
carry out this paragraph, subject to such
consultation or other requirements as might
otherwise apply.
* * * * * * *
----------
TITLE 44, UNITED STATES CODE
* * * * * * *
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I--FEDERAL INFORMATION POLICY
* * * * * * *
Sec. 3518. Effect on existing laws and regulations
(a) Except as otherwise provided in this subchapter, the
authority of an agency under any other law to prescribe
policies, rules, regulations, and procedures for Federal
information resources management activities is subject to the
authority of the Director under this subchapter.
(b) Nothing in this subchapter shall be deemed to affect or
reduce the authority of the Secretary of Commerce or the
Director of the Office of Management and Budget pursuant to
Reorganization Plan No. 1 of 1977 (as amended) and Executive
order, relating to telecommunications and information policy,
procurement and management of telecommunications and
information systems, spectrum use, and related matters.
(c)(1) Except as provided in [paragraph (2)] paragraph (3),
this subchapter shall not apply to the collection of
information----
(A) during the conduct of a Federal criminal
investigation or prosecution, or during the disposition
of a particular criminal matter;
(B) during the conduct of--
(i) a civil action to which the United States
or any official or agency thereof is a party;
or
(ii) an administrative action or
investigation involving an agency against
specific individuals or entities;
(C) by compulsory process pursuant to the Antitrust
Civil Process Act and section 13 of the Federal Trade
Commission Improvements Act of 1980; or
(D) during the conduct of intelligence activities as
defined in section 3.4(e) of Executive Order No. 12333,
issued December 4, 1981, or successor orders, or during
the conduct of cryptologic activities that are
communications security activities.
(2) Notwithstanding paragraph (3), this subchapter shall not
apply to the collection of information during the conduct of
any evaluation, or other review conducted by the Recovery
Accountability and Transparency Board, or during the conduct of
any audit, investigation, inspection, evaluation, or any other
review conducted by the Council of the Inspectors General on
Integrity and Efficiency or any Office of Inspector General,
including any Office of Special Inspector General.
[(2)] (3) This subchapter applies to the collection of
information during the conduct of general investigations (other
than information collected in an antitrust investigation to the
extent provided in subparagraph (C) of paragraph (1))
undertaken with reference to a category of individuals or
entities such as a class of licensees or an entire industry.
(d) Nothing in this subchapter shall be interpreted as
increasing or decreasing the authority conferred by sections
11331 and 11332 of title 40 on the Secretary of Commerce or the
Director of the Office of Management and Budget.
(e) Nothing in this subchapter shall be interpreted as
increasing or decreasing the authority of the President, the
Office of Management and Budget or the Director thereof, under
the laws of the United States, with respect to the substantive
policies and programs of departments, agencies and offices,
including the substantive authority of any Federal agency to
enforce the civil rights laws.
* * * * * * *
----------
INSPECTOR GENERAL REFORM ACT OF 2008
* * * * * * *
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:
``SEC. 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) 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 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) 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) 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) 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) 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;
``(D) 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) 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) 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.--
``(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.
``(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
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.--
``(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) 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) 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 the submission of such
report to the Executive Chairperson
under clause (ii).
``(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.
``(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 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 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
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 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 Order No. 12805,
dated May 11, 1992, and Executive Order No. [12933]
12993, 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) 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.''.
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FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2009
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DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2009
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TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES, AND CORPORATIONS
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[Sec. 744. (a) Each executive department and agency shall
establish and maintain on the homepage of its website, an
obvious, direct link to the website of its respective Inspector
General.
[(b) Each Office of Inspector General shall: (1) post on its
website any public report or audit or portion of any report or
audit issued within one day of its release; (2) provide a
service on its website to allow an individual to request
automatic receipt of information relating to any public report
or audit or portion of that report or audit and which permits
electronic transmittal of the information, or notice of the
availability of the information without further request; and
(3) establish and maintain a direct link on its website for
individuals to anonymously report waste, fraud and abuse.]
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