[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2489 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2489

To amend the Inspector General Act of 1978 to enhance the independence 
   of the Inspectors General, to create a Council of the Inspectors 
      General on Integrity and Efficiency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2005

Mr. Cooper (for himself, Mr. Shays, and Mr. Van Hollen) introduced the 
   following bill; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                                 A BILL


 
To amend the Inspector General Act of 1978 to enhance the independence 
   of the Inspectors General, to create a Council of the Inspectors 
      General on Integrity and Efficiency, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Government Accountability 
Act''.

SEC. 2. ENHANCING INDEPENDENCE OF INSPECTORS GENERAL.

    (a) Removal for Cause.--The Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in section 3(b) by adding at the end the following:
 ``An Inspector General may be removed from office prior to the 
expiration of his or her term only on any of the following grounds:
            ``(1) Permanent incapacity.
            ``(2) Inefficiency.
            ``(3) Neglect of duty.
            ``(4) Malfeasance.
            ``(5) Conviction of a felony or conduct involving moral 
        turpitude.''; and
            (2) in section 8G(e) by adding at the end the following:
 ``An Inspector General may be removed from office prior to the 
expiration of his or her term only on any of the following grounds:
            ``(1) Permanent incapacity.
            ``(2) Inefficiency.
            ``(3) Neglect of duty.
            ``(4) Malfeasance.
            ``(5) Conviction of a felony or conduct involving moral 
        turpitude.''.
    (b) Establishment of Terms of Office.--The Inspector General Act of 
1978 (5 U.S.C. App.) is amended--
            (1) in section 3 by adding at the end the following:
    ``(e)(1) The term of office of each Inspector General shall be 
seven years. An individual may serve for more than one term in such 
office. Any individual appointed and confirmed to fill a vacancy in 
such position, occurring before the expiration of the term for which 
his or her predecessor was appointed, shall be appointed and confirmed 
for a full seven-year term.
    ``(2) An individual may continue to serve as Inspector General 
beyond the expiration of the term for which the individual is appointed 
until a successor is appointed and confirmed, except that such 
individual may not continue to serve for more than 1 year after the 
date on which the term would otherwise expire under paragraph (1).''; 
and
            (2) in section 8G(c) by inserting ``(1)'' after ``(c)'', 
        and by adding at the end the following:
            ``(2) The term of office of each Inspector General shall be 
        seven years. An individual may serve for more than one term in 
        such office. Any individual appointed to fill a vacancy in such 
        position, occurring before the expiration of the term for which 
        his or her predecessor was appointed, shall be appointed for a 
        full 7-year term.''.
    (c) Application.--The amendments made by this section shall apply 
to any Inspector General appointed before, on, or after the date of the 
enactment of this Act. The term of office of an Inspector General 
serving on such date of enactment is deemed to begin on such date of 
enactment.

SEC. 3. DIRECT SUBMISSION OF BUDGET REQUESTS TO CONGRESS.

    Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following:
    ``(f)(1) For each fiscal year, an Inspector General may transmit an 
appropriation estimate and request to the Director of the Office of 
Management and Budget and to the appropriate committees or 
subcommittees of the Congress, in addition to any appropriation 
estimate and request submitted to the head of the establishment 
concerned.
    ``(2) The President shall include in each budget of the United 
States Government submitted to the Congress--
            ``(A) a separate statement of the amount of appropriations 
        requested by each Inspector General who has submitted an 
        appropriation estimate under paragraph (1); and
            ``(B) a statement comparing each such appropriation 
        estimate and request submitted by an Inspector General and the 
        funds requested by the head of the establishment concerned.''.

SEC. 4. 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 in order as 
sections 12 and 13, and by inserting after section 10 the following new 
section:

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

    ``(a) Establishment.--There is established as an independent entity 
within the executive branch the Inspectors General Council (in this 
section referred to as the `Council'). The Council's mission shall be 
to 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 Central 
                Intelligence Agency and the Government Printing Office.
                    ``(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.
            ``(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 one 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 two 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 with 
                        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 will 
                        assist the Council in performing its functions.
                    ``(B) Chairperson.--The Chairperson shall--
                            ``(i) convene meetings of the Council--
                                    ``(I) at least six times each year;
                                    ``(II) monthly to the extent 
                                possible; and
                                    ``(III) more frequently at his or 
                                her discretion;
                            ``(ii) exercise 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 subsection [(a)(1)/(b)(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 availability of 
                        appropriations and the provisions of title 5, 
                        United States Code, governing appointments in 
                        the competitive service, and the provisions of 
                        chapter 51 and subchapter III of chapter 53 of 
                        such title, relating to classification and 
                        General Schedule pay rates;
                            ``(vi) to the extent and in such amounts as 
                        may be provided in advance by appropriations 
                        Acts, enter into contracts and other 
                        arrangements with public agencies and private 
                        persons to carry out the functions and duties 
                        of the Council;
                            ``(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, Government-
                wide activities that address these problems and promote 
                economy and efficiency in Federal programs and 
                operations, including interagency and inter-entity 
                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 Web site and other 
                electronic systems for the benefit of all Inspectors 
                General, as the Council determines are necessary or 
                desirable;
                    ``(E) maintain one 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; and
                    ``(F) make such reports to the Congress as the 
                Chairperson determines are necessary or appropriate.
            ``(2) Adherence and participation by members.--Each member 
        of the Council should, 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, adhere to professional standards developed by 
        the Council and participate in the plans, programs, and 
        projects of the Council.
            ``(3) Existing authorities and responsibilities.--The 
        creation and operation of the Council--
                    ``(A) shall not affect the preeminent policy-
                setting role of the Department of Justice in law 
                enforcement and litigation;
                    ``(B) shall not affect the authority or 
                responsibilities of any Government agency or entity; 
                and
                    ``(C) shall not affect 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 certain staff members of the various 
        Offices of Inspector General.
            ``(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.
                    ``(B) 3 or more Inspectors General described in 
                subparagraph (A) or (B) of subsection (b)(1) appointed 
                by the Chairperson of the Council, representing both 
                establishments and designated Federal entities (as that 
                term is defined in section 8G(a)).
                    ``(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 his or her office, 
                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) Staff member defined.--In this subsection the 
                term `staff member' means--
                            ``(i) any employee of an Office of 
                        Inspector General who reports directly to an 
                        Inspector General; or
                            ``(ii) who 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 it 
                receives against an Inspector General, or against a 
                staff member of an Office of Inspector General; and
                    ``(B) refer to the Chairperson of the Integrity 
                Committee any allegation of wrongdoing determined by 
                the Integrity Committee to be meritorious that cannot 
                be referred to an agency of the executive branch with 
                appropriate jurisdiction over the matter.
            ``(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)(B) 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 
                        pursuant to 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.--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.
                    ``(C) Reports.--The Chairperson of the Integrity 
                Committee shall report to the Executive Chairperson of 
                the Council the results of any investigation that 
                substantiates any allegation certified under paragraph 
                (5)(B).
            ``(8) 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.
    ``(e) Application.--The provisions of this section apply only to 
the Inspectors General (and their offices) listed in subsection 
(b)(1)(A) and (B).''.
    (b) Existing Executive Orders.--Executive Order 12805, dated May 
14, 1992, Executive Order 12805, dated March 21, 1996, and Executive 
Order 12993, dated March 26, 1996, shall have no force or effect.
    (c) 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) Title 31, u.s.c.--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 Inspectors General Council, and, included in that 
        account, a separate statement of the aggregate amount of 
        appropriations requested for each academy maintained by the 
        Inspectors General Council.''.

SEC. 5. MISCELLANEOUS ENHANCEMENTS.

    (a) Offices as Discrete Agencies.--Section 6(d) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended to read as follows:
    ``(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, 8414, and 8425(b).
            ``(iii) All provisions relating to the Senior Executive 
        Service (as determined by the Office of Personnel Management), 
        subject to paragraph (2).
    ``(2) For purposes of applying section 4507(b) of title 5, United 
States Code, paragraph (1)(A)(ii) shall be applied by substituting `the 
Council of the Inspectors General on Integrity and Efficiency 
(established by section 11 of the Inspector General Act) shall' for 
`the Inspector General who is the head of an office referred to in 
clause (i) shall, with respect to such office,'.''.
    (b) Inspectors General of Designated Federal Entities.--
Notwithstanding any other provision of law, the Inspector General of 
each designated Federal entity (as those terms are defined under 
section 8G of the Inspector General Act of 1978) shall, for pay and all 
other purposes, be classified at a grade, level, or rank designation, 
as the case may be, comparable to those of a majority of the senior 
staff members of such designated Federal entity (such as, but not 
limited to, a General Counsel, Deputy Director, or Chief of Staff) that 
report directly to the head of such designated Federal entity.
    (c) Subpoena Power.--Section 6(a)(4) of the Inspector General Act 
of 1978 (5 U.S.C. App.), is amended--
            (1) by inserting ``in any medium (including electronically 
        stored information, as well as any tangible thing)'' after 
        ``other data''; and
            (2) by striking ``subpena'' and inserting ``subpoena''.
    (d) Law Enforcement Authority for Designated Federal Entities.--
Section 6(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in paragraph (1) by striking ``appointed under section 
        3''; and
            (2) by adding at the end the following:
            ``(9) In this subsection the term `Inspector General' means 
        an Inspector General appointed under section 3 or an Inspector 
        General appointed under section 8G''.

SEC. 6. PROGRAM FRAUD CIVIL REMEDIES ACT.

    Section 3801(a)(1) of title 31, United States Code, is amended by 
striking ``and'' after the semicolon at the end of subparagraph (C), by 
adding ``and'' after the semicolon at the end of subparagraph (D), and 
by adding at the end the following:
                    ``(E) a designated Federal entity (as such term is 
                defined under section 8G(a)(2) of the Inspector General 
                Act of 1978).''.

SEC. 7. APPLICATION OF SEMIANNUAL REPORTING REQUIREMENTS WITH RESPECT 
              TO INSPECTION REPORTS AND EVALUATION REPORTS.

    Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in each of subsections (a)(6), (a)(8), (a)(9), (b)(2), 
        and (b)(3)--
                    (A) by inserting ``, inspection reports, and 
                evaluation reports'' after ``audit reports'' the first 
                place it appears; and
                    (B) by striking ``audit'' the second place it 
                appears; and
            (2) in subsection (a)(10) by inserting ``, inspection 
        reports, and evaluation reports'' after ``audit reports''.
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