[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2324 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                S. 2324

_______________________________________________________________________

                                 AN ACT


 
 To amend the Inspector General Act of 1978 (5 U.S.C. App.) to enhance 
   the Offices of the Inspectors General, to create a Council of the 
Inspectors General on Integrity and Efficiency, and for other purposes.

    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 ``Inspector General Reform Act of 
2008''.

SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GENERAL.

    Section 8G(c) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended by adding at the end ``Each Inspector General shall be 
appointed without regard to political affiliation and solely on the 
basis of integrity and demonstrated ability in accounting, auditing, 
financial analysis, law, management analysis, public administration, or 
investigations.''.

SEC. 3. REMOVAL OF INSPECTORS GENERAL.

    (a) Establishments.--Section 3(b) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by striking the second sentence and 
inserting ``If an Inspector General is removed from office or is 
transferred to another position or location within an establishment, 
the President shall communicate in writing the reasons for any such 
removal or transfer to both Houses of Congress, not later than 30 days 
before the removal or transfer. Nothing in this subsection shall 
prohibit a personnel action otherwise authorized by law, other than 
transfer or removal.''.
    (b) Designated Federal Entities.--Section 8G(e) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended by striking ``shall 
promptly communicate in writing the reasons for any such removal or 
transfer to both Houses of the Congress.'' and inserting ``shall 
communicate in writing the reasons for any such removal or transfer to 
both Houses of Congress, not later than 30 days before the removal or 
transfer. Nothing in this subsection shall prohibit a personnel action 
otherwise authorized by law, other than transfer or removal.''.
    (c) Legislative Agencies.--
            (1) Library of congress.--Section 1307(c)(2) of the 
        Legislative Branch Appropriations Act, 2006 (2 U.S.C. 
        185(c)(2)) is amended by striking the second sentence and 
        inserting ``If the Inspector General is removed from office or 
        is transferred to another position or location within the 
        Library of Congress, the Librarian of Congress shall 
        communicate in writing the reasons for any such removal or 
        transfer to both Houses of Congress, not later than 30 days 
        before the removal or transfer. Nothing in this paragraph shall 
        prohibit a personnel action otherwise authorized by law, other 
        than transfer or removal.''.
            (2) Capitol police.--Section 1004(b) of the Legislative 
        Branch Appropriations Act, 2006 (2 U.S.C. 1909(b)) is amended 
        by striking paragraph (3) and inserting the following:
            ``(3) Removal.--The Inspector General may be removed or 
        transferred from office before the expiration of his term only 
        by the unanimous vote of all of the voting members of the 
        Capitol Police Board. If an Inspector General is removed from 
        office or is transferred to another position or location within 
        the Capitol Police, the Capitol Police Board shall communicate 
        in writing the reasons for any such removal or transfer to the 
        Committee on Rules and Administration of the Senate, the 
        Committee on House Administration of the House of 
        Representatives, and the Committees on Appropriations of the 
        Senate and the House of Representatives, not later than 30 days 
        before the removal or transfer. Nothing in this paragraph shall 
        prohibit a personnel action otherwise authorized by law, other 
        than transfer or removal.''.
            (3) Government printing office.--Section 3902(b)(2) of 
        title 44, United States Code, is amended by striking the second 
        sentence and inserting ``If the Inspector General is removed 
        from office or is transferred to another position or location 
        within the Government Printing Office, the Public Printer shall 
        communicate in writing the reasons for any such removal or 
        transfer to both Houses of Congress, not later than 30 days 
        before the removal or transfer. Nothing in this paragraph shall 
        prohibit a personnel action otherwise authorized by law, other 
        than transfer or removal.''.

SEC. 4. PAY OF INSPECTORS GENERAL.

    (a) Inspectors General at Level III of Executive Schedule.--
            (1) In general.--Section 3 of the Inspector General Act of 
        1978 (5 U.S.C. App.), is amended by adding at the end the 
        following:
    ``(e) The annual rate of basic pay for an Inspector General (as 
defined under section 11(3)) shall be the rate payable for level III of 
the Executive Schedule under section 5314 of title 5, United States 
Code, plus 3 percent.''.
            (2) Technical and conforming amendments.--Section 5315 of 
        title 5, United States Code, is amended by striking the item 
        relating to each of the following positions:
                    (A) Inspector General, Department of Education.
                    (B) Inspector General, Department of Energy.
                    (C) Inspector General, Department of Health and 
                Human Services.
                    (D) Inspector General, Department of Agriculture.
                    (E) Inspector General, Department of Housing and 
                Urban Development.
                    (F) Inspector General, Department of Labor.
                    (G) Inspector General, Department of 
                Transportation.
                    (H) Inspector General, Department of Veterans 
                Affairs.
                    (I) Inspector General, Department of Homeland 
                Security.
                    (J) Inspector General, Department of Defense.
                    (K) Inspector General, Department of State.
                    (L) Inspector General, Department of Commerce.
                    (M) Inspector General, Department of the Interior.
                    (N) Inspector General, Department of Justice.
                    (O) Inspector General, Department of the Treasury.
                    (P) Inspector General, Agency for International 
                Development.
                    (Q) Inspector General, Environmental Protection 
                Agency.
                    (R) Inspector General, Export-Import Bank.
                    (S) Inspector General, Federal Emergency Management 
                Agency.
                    (T) Inspector General, General Services 
                Administration.
                    (U) Inspector General, National Aeronautics and 
                Space Administration.
                    (V) Inspector General, Nuclear Regulatory 
                Commission.
                    (W) Inspector General, Office of Personnel 
                Management.
                    (X) Inspector General, Railroad Retirement Board.
                    (Y) Inspector General, Small Business 
                Administration.
                    (Z) Inspector General, Tennessee Valley Authority.
                    (AA) Inspector General, Federal Deposit Insurance 
                Corporation.
                    (BB) Inspector General, Resolution Trust 
                Corporation.
                    (CC) Inspector General, Central Intelligence 
                Agency.
                    (DD) Inspector General, Social Security 
                Administration.
                    (EE) Inspector General, United States Postal 
                Service.
            (3) Additional technical and conforming amendment.--Section 
        194(b) of the National and Community Service Act of 1990 (42 
        U.S.C. 12651e(b)) is amended by striking paragraph (3).
    (b) Inspectors General of Designated Federal Entities.--
Notwithstanding any other provision of law, the Inspector General of 
each designated Federal entity (as those terms are defined under 
section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)) shall, 
for pay and all other purposes, be classified at a grade, level, or 
rank designation, as the case may be, at or above those of a majority 
of the senior level executives of that designated Federal entity (such 
as a General Counsel, Chief Information Officer, Chief Financial 
Officer, Chief Human Capital Officer, or Chief Acquisition Officer). 
The pay of an Inspector General of a designated Federal entity (as 
those terms are defined under section 8G of the Inspector General Act 
of 1978 (5 U.S.C. App.)) shall be not less than the average total 
compensation of the senior level executives of that designated Federal 
entity calculated on an annual basis.
    (c) Savings Provision for Newly Appointed Inspectors General.--The 
provisions of section 3392 of title 5, United States Code, other than 
the terms ``performance awards'' and ``awarding of ranks'' in 
subsection (c)(1) of such section, shall apply to career appointees of 
the Senior Executive Service who are appointed to the position of 
Inspector General.
    (d) Savings Provision.--Nothing in this section shall have the 
effect of reducing the rate of pay of any individual serving on the 
date of enactment of this section as an Inspector General of--
            (1) an establishment as defined under section 11(2) of the 
        Inspector General Act of 1978 (5 U.S.C. App.);
            (2) a designated Federal entity as defined under section 
        8G(2) of the Inspector General Act of 1978 (5 U.S.C. App.);
            (3) a legislative agency for which the position of 
        Inspector General is established by statute; or
            (4) any other entity of the Government for which the 
        position of Inspector General is established by statute.

SEC. 5. PROHIBITION OF CASH BONUS OR AWARDS.

    Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) (as 
amended by section 4 of this Act) is further amended by adding at the 
end the following:
    ``(f) An Inspector General (as defined under section 8G(a)(6) or 
11(3)) may not receive any cash award or cash bonus, including any cash 
award under chapter 45 of title 5, United States Code.''.

SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL.

    (a) Counsels to Inspectors General of Establishment.--Section 3 of 
the Inspector General Act of 1978 (5 U.S.C. App.) (as amended by 
sections 4 and 5 of this Act) is further amended by adding at the end 
the following:
    ``(g) Each Inspector General shall, in accordance with applicable 
laws and regulations governing the civil service, obtain legal advice 
from a counsel either reporting directly to the Inspector General or 
another Inspector General.''.
    (b) Counsels to Inspectors General of Designated Federal 
Entities.--Section 8G(g) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following:
            ``(4) Each Inspector General shall, in accordance with 
        applicable laws and regulations governing appointments within 
        the designated Federal entity, appoint a Counsel to the 
        Inspector General who shall report to the Inspector General or 
        obtain the services of a counsel appointed by and directly 
        reporting to another Inspector General or the Council of the 
        Inspectors General on Integrity and Efficiency on a 
        reimbursable basis.''.
    (c) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed to alter the duties and responsibilities of 
the counsel for any establishment or designated Federal entity.

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 Office of Inspectors General of the 
                Library of Congress, Capitol Police, and the Government 
                Printing Office.
                    ``(J) Any other members designated by the 
                President.
            ``(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) 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 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 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, 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 shall adhere to professional standards developed 
        by the Council and participate in the plans, programs, and 
        projects of the Council, as appropriate.
            ``(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) Superseding provisions.--No provision of law 
                enacted after the date of enactment of this subsection 
                shall be construed to limit or supersede the authority 
                under paragraph (1), unless such provision makes 
                specific reference to the authority in that paragraph.
            ``(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.
                    ``(B) Three or more Inspectors General described in 
                subparagraph (A) or (B) of subsection (b)(1) appointed 
                by the Chairperson of the Council, representing both 
                establishments and designated Federal entities (as that 
                term is defined in section 8G(a)).
                    ``(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--
                            ``(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 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 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) Existing Executive Orders.--Executive Order 12805, dated May 
11, 1992, and Executive Order 12993, dated March 21, 1996, shall have 
no force or effect.
    (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.''.

SEC. 8. SUBMISSION OF BUDGET REQUESTS TO CONGRESS.

    Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following:
    ``(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) 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, any 
        comments of the affected Inspector General with respect to the 
        proposal.''.

SEC. 9. SUBPOENA POWER.

    Section 6(a)(4) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) by inserting ``in any medium (including electronically 
        stored information, as well as any tangible thing)'' after 
        ``other data''; and
            (2) by striking ``subpena'' and inserting ``subpoena''.

SEC. 10. PROGRAM FRAUD CIVIL REMEDIES ACT.

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

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

    Section 6(e) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) in paragraph (1) by striking ``appointed under section 
        3''; and
            (2) by adding at the end the following:
            ``(9) In this subsection the term `Inspector General' means 
        an Inspector General appointed under section 3 or an Inspector 
        General appointed under section 8G.''.

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

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

SEC. 13. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS GENERAL.

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

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

    ``(a) Direct Links to Inspectors General Offices.--
            ``(1) In general.--Each agency shall establish and maintain 
        on the homepage of the website of that agency, a direct link to 
        the website of the Office of the Inspector General of that 
        agency.
            ``(2) Accessibility.--The direct link under paragraph (1) 
        shall be obvious and facilitate accessibility to the website of 
        the Office of the Inspector General.
    ``(b) Requirements for Inspectors General Websites.--
            ``(1) Posting of reports and audits.--The Inspector General 
        of each agency shall--
                    ``(A) in accordance with section 552a of title 5, 
                United States Code (commonly referred to as the Privacy 
                Act), not later than 3 working days after any report or 
                audit (or portion of any report or audit), that is 
                subject to release under section 552 of that title 
                (commonly referred to as the Freedom of Information 
                Act), is made publicly available, post that report or 
                audit (or portion of that report or audit) on the 
                website of the Office of the Inspector General; and
                    ``(B) ensure that any posted report or audit (or 
                portion of that report or audit) described under 
                subparagraph (A)--
                            ``(i) is easily accessible from a direct 
                        link on the homepage of the website of the 
                        Office of the Inspector General;
                            ``(ii) includes a summary of the findings 
                        of the Inspector General; and
                            ``(iii) is in a format that--
                                    ``(I) is searchable and 
                                downloadable; and
                                    ``(II) facilitates printing by 
                                individuals of the public accessing the 
                                website.
            ``(2) Reporting of fraud, waste, and abuse.--
                    ``(A) In general.--The Inspector General of each 
                agency shall establish and maintain a direct link on 
                the homepage of the website of the Office of the 
                Inspector General for individuals to report fraud, 
                waste, and abuse. Individuals reporting fraud, waste, 
                or abuse using the direct link established under this 
                paragraph shall not be required to provide personally 
                identifying information relating to that individual.
                    ``(B) Anonymity.--The Inspector General of each 
                agency shall not disclose the identity of any 
                individual making a report under this paragraph without 
                the consent of the individual unless the Inspector 
                General determines that such a disclosure is 
                unavoidable during the course of the investigation.''.
    (b) Implementation.--Not later than 180 days after the date of 
enactment of this Act, the head of each agency and the Inspector 
General of each agency shall implement the amendment made by this 
section.

SEC. 14. OTHER ADMINISTRATIVE AUTHORITIES.

    (a) In General.--Section 6(d) of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended to read as follows:
    ``(d)(1)(A) For purposes of applying the provisions of law 
identified in subparagraph (B)--
            ``(i) each Office of Inspector General shall be considered 
        to be a separate agency; and
            ``(ii) the Inspector General who is the head of an office 
        referred to in clause (i) shall, with respect to such office, 
        have the functions, powers, and duties of an agency head or 
        appointing authority under such provisions.
    ``(B) This paragraph applies with respect to the following 
provisions of title 5, United States Code:
            ``(i) Subchapter II of chapter 35.
            ``(ii) Sections 8335(b), 8336, 8344, 8414, 8468, and 
        8425(b).
            ``(iii) All provisions relating to the Senior Executive 
        Service (as determined by the Office of Personnel Management), 
        subject to paragraph (2).
    ``(2) For purposes of applying section 4507(b) of title 5, United 
States Code, paragraph (1)(A)(ii) shall be applied by substituting `the 
Council of the Inspectors General on Integrity and Efficiency 
(established by section 11 of the Inspector General Act) shall' for 
`the Inspector General who is the head of an office referred to in 
clause (i) shall, with respect to such office,'.''.
    (b) Authority of Treasury Inspector General for Tax Administration 
To Protect Internal Revenue Service Employees.--Section 8D(k)(1)(C) of 
the Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
striking ``and the providing of physical security''.

SEC. 15. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS.

    (a) In General.--
            (1) Submission.--Not later than 360 days after the date of 
        enactment of this Act, the Government Accountability Office 
        shall submit a report examining the adequacy of mechanisms to 
        ensure accountability of the Offices of Inspector General to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Government Reform of the House 
                of Representatives.
            (2) Contents.--The report submitted under paragraph (1) 
        shall examine--
                    (A) the practices, policies, and procedures of the 
                Integrity Committee of the Council of the Inspectors 
                General on Integrity and Efficiency (and its 
                predecessor committee); and
                    (B) the practices, policies, and procedures of the 
                Offices of Inspector General with respect to complaints 
                by and about employees of any Office of Inspector 
                General that are not within the jurisdiction of the 
                Integrity Committee.
    (b) Pay of Inspectors General.--Not later than 270 days after the 
date of enactment of this Act, the Government Accountability Office 
shall submit a report to the congressional committees of jurisdiction 
on the implementation of section 4.

            Passed the Senate April 23, 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                S. 2324

_______________________________________________________________________

                                 AN ACT

 To amend the Inspector General Act of 1978 (5 U.S.C. App.) to enhance 
   the Offices of the Inspectors General, to create a Council of the 
Inspectors General on Integrity and Efficiency, and for other purposes.