[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 928 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 928

_______________________________________________________________________

                                 AN ACT


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Improving 
Government Accountability Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Enhancing independence of Inspectors General.
Sec. 3. Direct submission of budget requests to Congress.
Sec. 4. Establishment of Council of the Inspectors General on Integrity 
                            and Efficiency.
Sec. 5. Pay and bonuses of Inspectors General.
Sec. 6. Miscellaneous enhancements.
Sec. 7. Program Fraud Civil Remedies Act.
Sec. 8. Application of semiannual reporting requirements with respect 
                            to inspection reports and evaluation 
                            reports.
Sec. 9. Information on websites of Offices of Inspectors General.
Sec. 10. Amendments to special provisions concerning the Department of 
                            Justice.
Sec. 11.  Annual Inspector General performance reviews of Federal 
                            programs and agencies.

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 striking ``the reasons for any such 
        removal to both Houses of Congress.'' and inserting the 
        following: ``in writing the reasons for any such removal to 
        both Houses of Congress and to the Inspector General of the 
        establishment at least 30 days before such removal. 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.
            ``(6) Knowing violation of a law, rule, or regulation.
            ``(7) Gross mismanagement.
            ``(8) Gross waste of funds.
            ``(9) Abuse of authority.''; and
            (2) in section 8G(e) by striking ``an Inspector General'' 
        and all that follows through the period at the end and 
        inserting the following: ``the head of a designated Federal 
        entity intends to remove an Inspector General from office or 
        transfer an Inspector General to another position or location 
        within such designated Federal entity, the head of such entity 
        shall communicate in writing the reasons for any such removal 
        or transfer to both Houses of Congress and to the Inspector 
        General of the entity at least 30 days before such removal or 
        transfer.''.
    (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.''.
            (3) in section 3(a), by inserting after the first sentence 
        the following: ``A committee of Inspectors General of the 
        Inspectors General Council established under section 11 shall 
        review nominations in light of these requirements, and the 
        results of the committee's review shall be provided to the 
        Senate prior to the confirmation process.''.
            (4) in section 8G(c), by adding at the end the following: 
        ``The head of the designated Federal entity shall ask the 
        committee of Inspectors General referred to in section 3(a) for 
        a report on the qualifications of each final candidate for 
        Inspector General and shall not appoint an Inspector General 
        before reviewing such report.''.
    (c) Application.--The amendments made by this section shall apply 
to any Inspector General appointed on or after the date of the 
enactment of this Act.

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 shall inform 
the appropriate committees or subcommittees of the Congress if the 
budget request submitted by the head of the establishment would 
substantially inhibit the Inspector General from performing the duties 
of the office.
    ``(2) The President shall include in each budget of the United 
States Government submitted to the Congress a separate statement of the 
amount of appropriations requested by each Inspector General.''.

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:

 ``establishment of the council of the inspectors general on integrity 
                             and efficiency

    ``Sec. 11.  (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 coordinate and enhance governmental efforts to 
promote integrity and efficiency and to detect and prevent fraud, 
waste, and abuse in Federal programs.
    ``(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 (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 and professional standards 
                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) Administrative Provisions.--
            ``(1) Director of omb.--The Director of the Office of 
        Management and Budget shall provide the Council with such 
        administrative support as may be necessary for the performance 
        of the functions of the Council.
            ``(2) Heads.--The head of each establishment and designated 
        Federal entity represented on the Council shall provide the 
        persons representing the establishment or entity with such 
        administrative support as may be necessary, in accordance with 
        law, to enable the persons representing the establishment or 
        entity to carry out their responsibilities.
    ``(e) 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) 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 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, acts with the knowledge of 
                        the Inspector General, or against whom an 
                        allegation is made because such allegation is 
                        related to an allegation against the Inspector 
                        General, except that if an allegation concerns 
                        a member of the Integrity Committee, that 
                        member shall recuse himself from consideration 
                        of the matter; 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;
                    ``(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 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 
                        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.
            ``(8) Report.--
                    ``(A) For allegations referred under paragraph 
                (5)(C), the Chairperson of the Integrity Committee 
                shall make a report containing the results of his 
                investigation and shall provide such report to members 
                of the Integrity Committee.
                    ``(B) For allegations referred under paragraph 
                (5)(B), the head of an agency shall make a report 
                containing the results of the investigation and shall 
                provide such report to members of the Integrity 
                Committee.
            ``(9) Assessment and final disposition.--
                    ``(A) With respect to any report received under 
                paragraph (8), the Integrity Committee shall--
                            ``(i) assess the report;
                            ``(ii) forward the report, with the 
                        Integrity Committee recommendations, including 
                        those on disciplinary action, within 180 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 his 
                        staff) or the head of a designated Federal 
                        entity (in the case of a report relating to an 
                        Inspector General of such an entity or his 
                        staff) for resolution; and
                            ``(iii) submit to Congress a copy of such 
                        report and recommendations within 30 days after 
                        the submission of such report to the Executive 
                        Chairperson under clause (ii).
                    ``(B) The 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.
            ``(10) Annual report.--
                    ``(A) Matters covered.--The Council shall submit to 
                Congress and the President by December 31st of each 
                year a report on the activities of the Integrity 
                Committee during the preceding fiscal year. The report 
                shall include the following:
                            ``(i) The number of allegations received.
                            ``(ii) The number of allegations referred 
                        to other agencies, including the number of 
                        allegations referred for criminal 
                        investigation.
                            ``(iii) The number of allegations referred 
                        to the Chairperson of the Integrity Committee 
                        for investigation.
                            ``(iv) The number of allegations closed 
                        without referral.
                            ``(v) The date each allegation was received 
                        and the date each allegation was finally 
                        disposed of.
                            ``(vi) 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.
                            ``(vii) Other matters that the Council 
                        considers appropriate.
                    ``(B) Requests for more information.--The Council 
                shall provide more detailed information about specific 
                allegations upon request from any of the following:
                            ``(i) The chairman or ranking member of the 
                        Committee on Oversight and Government Reform of 
                        the House of Representatives.
                            ``(ii) The chairman or ranking member of 
                        the Committee on Homeland Security and 
                        Governmental Affairs of the Senate.
                            ``(iii) The chairman 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.
    ``(f) Application.--The provisions of this section apply only to 
the Inspectors General (and their offices) listed in subsection 
(b)(1)(A) and (B).''.
    (b) Executive Orders and Policies and Procedures.--
            (1) Existing executive orders.--Executive Order No. 12805, 
        dated May 11, 1992, and Executive Order No. 12993, dated March 
        21, 1996, shall have no force or effect.
            (2) Policies and procedures.--Not later than 180 days after 
        the date of the enactment of this Act, the Inspectors General 
        Council shall adopt policies and procedures to implement this 
        section and the amendments made by this section. To the maximum 
        extent practicable, the policies and procedures shall include 
        all provisions of Executive Order No. 12805 and Executive Order 
        No. 12933 (as in effect before the date of the enactment of 
        this Act).
    (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. PAY AND BONUSES OF INSPECTORS GENERAL.

    (a) Prohibition of Cash Bonus or Awards.--Section 3 of the 
Inspector General Act of 1978 (5 U.S.C. App.), as amended by the 
preceding provisions of this Act, is further amended by adding at the 
end the following:
    ``(f) An Inspector General (as defined under section 8G(a)(6) or 
11(3)) may not receive any cash award or cash bonus, including any cash 
award under chapter 45 of title 5, United States Code.''.
    (b) Inspectors General at Level III of Executive Schedule.--
            (1) In general.--Section 3 of the Inspector General Act of 
        1978 (5 U.S.C. App.), as amended by the preceding provisions of 
        this Act, is further amended by adding at the end the 
        following:
    ``(g) The annual rate of basic pay for an Inspector General (as 
defined under section 11(3)) shall be the rate payable for level III of 
the Executive Schedule under section 5314 of title 5, United States 
Code, plus 3 percent.''.
            (2) Conforming amendment.--Section 5315 of title 5, United 
        States Code, is amended by striking the item relating to each 
        of the following positions:
                    (A) Inspector General, Department of Education.
                    (B) Inspector General, Department of Energy.
                    (C) Inspector General, Department of Health and 
                Human Services.
                    (D) Inspector General, Department of Agriculture.
                    (E) Inspector General, Department of Housing and 
                Urban Development.
                    (F) Inspector General, Department of Labor.
                    (G) Inspector General, Department of 
                Transportation.
                    (H) Inspector General, Department of Veterans 
                Affairs.
                    (I) Inspector General, Department of Homeland 
                Security.
                    (J) Inspector General, Department of Defense.
                    (K) Inspector General, Department of State.
                    (L) Inspector General, Department of Commerce.
                    (M) Inspector General, Department of the Interior.
                    (N) Inspector General, Department of Justice.
                    (O) Inspector General, Department of the Treasury.
                    (P) Inspector General, Agency for International 
                Development.
                    (Q) Inspector General, Environmental Protection 
                Agency.
                    (R) Inspector General, Export-Import Bank.
                    (S) Inspector General, Federal Emergency Management 
                Agency.
                    (T) Inspector General, General Services 
                Administration.
                    (U) Inspector General, National Aeronautics and 
                Space Administration.
                    (V) Inspector General, Nuclear Regulatory 
                Commission.
                    (W) Inspector General, Office of Personnel 
                Management.
                    (X) Inspector General, Railroad Retirement Board.
                    (Y) Inspector General, Small Business 
                Administration.
                    (Z) Inspector General, Tennessee Valley Authority.
                    (AA) Inspector General, Federal Deposit Insurance 
                Corporation.
                    (BB) Inspector General, Resolution Trust 
                Corporation.
                    (CC) Inspector General, Central Intelligence 
                Agency.
                    (DD) Inspector General, Social Security 
                Administration.
                    (EE) Inspector General, United States Postal 
                Service.
            (3) Additional conforming amendment.--Section 194(b) of the 
        National and Community Service Act of 1990 (42 U.S.C. 
        12651e(b)) is amended by striking paragraph (3).
            (4) Savings provision.--Nothing in this subsection shall 
        have the effect of reducing the rate of pay of any individual 
        serving as an Inspector General on the effective date of this 
        subsection.
    (c) 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. The head 
of a designated Federal entity shall set the annual rate of basic pay 
for an Inspector General (as defined under such section 8G) 3 percent 
above the annual rate of basic pay for senior staff members classified 
at a comparable grade, level, or rank designation (or, if those senior 
staff members receive different rates, the annual rate of basic pay for 
a majority of those senior staff members, as determined by the head of 
the designated Federal entity concerned).
    (d) Savings Provision for Newly Appointed Inspectors General.--The 
provisions of section 3392, title 5, United States Code, other than the 
terms ``performance awards'' and ``awarding of ranks'' in subsection 
(c)(1) of such section, shall apply to career appointees of the Senior 
Executive Service who are appointed to the position of Inspector 
General.

SEC. 6. 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) 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''.
    (c) 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.''.
    (d) Qualifications of Inspectors General of Designated Federal 
Entities.--Section 8G(c)(1) of the Inspector General Act of 1978 (5 
U.S.C. App.), as amended by this Act, is further amended by striking 
the period and inserting ``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.
    (e) Authority of Treasury Inspector General for Tax Administration 
To Protect Internal Revenue Service Employees.--Section 8D(k)(1)(C) of 
the Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
striking ``and the providing of physical security''.
    (f) Amendment Relating to Authority of Comptroller General to 
Administer Oaths.--Section 711 of title 31, United States Code, is 
amended in paragraph (4) by striking ``when auditing and settling 
accounts'' and inserting ``upon the specific approval only of the 
Comptroller General or the Deputy Comptroller General''.
    (g) Amendments Relating to Comptroller General Reports.--
            (1) Section 719(b)(1) of title 31, United States Code, is 
        amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by striking the period and inserting ``; and'' 
                at the end of subparagraph (C); and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(D) for Federal agencies subject to sections 901 to 903 
        of this title and other agencies designated by the Comptroller 
        General, an assessment of their overall degree of cooperation 
        in making personnel available for interview, providing written 
        answers to questions, submitting to an oath authorized by the 
        Comptroller General under section 711 of this title, granting 
        access to records, providing timely comments to draft reports, 
        adopting recommendations in reports, and responding to such 
        other matters as the Comptroller General considers 
        appropriate.''.
            (2) Section 719(c) of such title is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period and inserting ``; and'' 
                at the end of paragraph (3); and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) as soon as practicable when an agency or other entity 
        does not, within a reasonable period of time after a request by 
        the Comptroller General, make personnel available for 
        interview, provide written answers to questions, or submit to 
        an oath authorized by the Comptroller General under section 711 
        of this title.''.

SEC. 7. 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. 8. 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 subsection (a)(6)--
                    (A) by inserting ``, inspection report, and 
                evaluation report'' after ``audit report''; and
                    (B) by striking ``audit'' the second place it 
                appears;
            (2) in each of subsections (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
            (3) in subsection (a)(10) by inserting ``, inspection 
        report, and evaluation report'' after ``audit report''.

SEC. 9. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS GENERAL.

    (a) Definition.--In this section, the term ``agency'' has the 
meaning provided the term ``Federal agency'' under section 11(5) of the 
Inspector General Act of 1978 (5 U.S.C. App.).
    (b) Direct Links to Inspectors General Offices.--
            (1) In general.--Each agency shall establish and maintain 
        on the homepage of the website of that agency a direct link to 
        the website of the Office of the Inspector General of that 
        agency.
            (2) Accessibility.--The direct link under paragraph (1) 
        shall be obvious and facilitate accessibility to the website of 
        the Office of the Inspector General.
    (c) Requirements for Inspectors General Websites.--
            (1) Posting of reports and audits.--The Inspector General 
        of each agency shall--
                    (A) not later than 1 day after any report or audit 
                (or portion of any report or audit) is made publicly 
                available, post that report or audit (or portion of 
                that report or audit) on the website of the Office of 
                the Inspector General; and
                    (B) ensure that any posted report or audit (or 
                portion of that report or audit) described under 
                subparagraph (A)--
                            (i) is easily accessible from a direct link 
                        on the homepage of the website of the Office of 
                        the Inspector General;
                            (ii) includes a summary of the findings of 
                        the Inspector General; and
                            (iii) is in a format that--
                                    (I) is searchable, sortable, and 
                                downloadable; and
                                    (II) facilitates printing by 
                                individuals of the public who are 
                                accessing the website.
            (2) Option to receive related information.--The Inspector 
        General of each agency shall provide a service on the website 
        of the Office of the Inspector General through which--
                    (A) an individual may elect to automatically 
                receive information (including subsequent reports or 
                audits) relating to any posted report or audit (or 
                portion of that report or audit) described under 
                paragraph (1)(A); and
                    (B) the Inspector General shall electronically 
                transmit the information or notice of the availability 
                of the information to that individual without further 
                request.
            (3) Reporting of waste, fraud, and abuse.--
                    (A) In general.--The Inspector General of each 
                agency shall establish and maintain a direct link on 
                the homepage of the website of the Office of the 
                Inspector General for individuals to report waste, 
                fraud, and abuse.
                    (B) Anonymity.--The Inspector General of each 
                agency shall take such actions as necessary to ensure 
                the anonymity of any individual making a report under 
                this paragraph.
    (d) Implementation.--Not later than 180 days after the date of 
enactment of this Act, the head of each agency and the Inspector 
General of each agency shall implement this section.

SEC. 10. AMENDMENTS TO SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF 
              JUSTICE.

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

SEC. 11. ANNUAL INSPECTOR GENERAL PERFORMANCE REVIEWS OF FEDERAL 
              PROGRAMS AND AGENCIES.

    (a) Principle Duty.--Section 4 of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended--
            (1) by redesignating subsections (a), (b), (c), and (d) as 
        subsections (b), (c), (d), and (e), respectively;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following new subsection:
    ``(a) It shall be the principle duty and responsibility of each 
Inspector General, with respect to the establishment within which his 
Office is established, to review annually the operations, efficiency, 
and effectiveness of all Federal programs within such establishment and 
submit to the Congress and the President not later than September 1 of 
each year recommendations, accompanied by proposed legislation, on 
whether an abolishment, reorganization, consolidation, or transfer of 
existing Federal programs and agencies is necessary--
            ``(1) to reduce Federal expenditures;
            ``(2) to increase efficiency of government operations;
            ``(3) to eliminate overlap and duplication in Federal 
        programs and offices;
            ``(4) to abolish agencies or programs that no longer serve 
        an important governmental purpose; and
            ``(5) to identify reductions in amounts of discretionary 
        budget authority or direct spending that can be dedicated to 
        Federal deficit reduction.''; and
            (3) in subsection (c)(1) (as so redesignated), by striking 
        ``(a)(1)'' and inserting ``(b)(1)''.
    (b) Conforming Amendments.--The Inspector General Act of 1978 (5 
U.S.C. App.) is further amended--
            (1) in section 8(d), by striking ``section 4(d)'' and 
        inserting ``section 4(e)''; and
            (2) in section 8D(k)(2)(A), by striking ``section 4(d)'' 
        and inserting ``section 4(e)''.

            Passed the House of Representatives October 3, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 928

_______________________________________________________________________

                                 AN ACT

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