[House Report 110-358]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-358

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    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 928) 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

                                _______
                                

  October 2, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Ms. Sutton, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 701]

    The Committee on Rules, having had under consideration 
House Resolution 701, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 928, the 
Improving Government Accountability Act, under a structured 
rule. The rule provides one hour of general debate equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Oversight and Government Reform. The 
rule waives all points of order against consideration of the 
bill except clauses 9 and 10 of rule XXI. The rule provides 
that the amendment in the nature of a substitute recommended by 
the Committee on Oversight and Government Reform now printed in 
the bill shall be considered as an original bill for the 
purpose of amendment and shall be considered as read. All 
points of order against the committee amendment in the nature 
of a substitute are waived except clause 10 of rule XXI. This 
waiver does not affect the point of order available under 
clause 9 of rule XXI (regarding earmark disclosure).
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    The waiver all points of order against consideration of the 
bill (except for clauses 9 and 10 of rule XXI) includes a 
waiver of Section 306 of the Congressional Budget Act, 
prohibiting consideration of legislation within the 
jurisdiction of the Committee on the Budget unless reported by 
the Budget Committee. The rule waives of all points of order 
against the committee amendment in the nature of a substitute 
(except for clause 10 of rule XXI). The committee is not aware 
of any points of order against the substitute. The waiver is 
prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 327

    Date: October 2, 2007.
    Measure: H.R. 928.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    1. Conyers (MI), The amendment would provide that the 
Department of Justice (DOJ) Inspector General is not required 
to refer to the Counsel of the Office of Professional 
Responsibility (OPR) of DOJ, allegations of misconduct 
involving DOJ attorneys and related personnel where the 
allegations relate to the exercise of the authority of an 
attorney to investigate, litigate, or provide legal advice. (10 
minutes)
    2. Davis, Tom (VA), The amendment would revise section 3 
(``direct submission of budget requests to Congress'') by 
striking language authorizing all IGs to independently submit 
their office's budget requests to Congress, separate and apart 
from the President's budget submission, and inserting language 
requiring IGs to notify Congress only if the budget request 
submitted by the agency would ``substantially inhibit the 
Inspector General from performing the duties of the office.'' 
(10 minutes)
    3. Miller, Brad (NC), The amendment would add additional 
reasons for which an IG may be removed from office, make 
certain changes to make the statute conform to existing 
Executive Orders, and require an annual report by the Council 
of the Inspectors General on Integrity and Efficiency on the 
activities of its Integrity Committee. (10 minutes)
    4. Miller, Brad (NC), The amendment would establish a 
committee of Inspectors General of the Inspectors General 
Council to review the qualifications of nominees and final 
candidates for the position of Inspector General in all 
government establishments and entities to determine whether 
they meet the integrity and professional qualifications for the 
position established by the Inspector General Act. The 
committee would also be required to report back to the relevant 
Senate committee or federal appointing entity. (10 minutes)
    5. Gillibrand (NY), The amendment would require that each 
federal agency website has a direct link to the website of the 
Office of Inspector General for that agency, that the Inspector 
General of each agency posts all reports and audits online 
within one day of being made publicly available, and that all 
Inspector General websites facilitate the individual, anonymous 
reporting of waste, fraud and abuse. (10 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

1. An Amendment To Be Offered by Representative Conyers of Michigan, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section (and 
conform the table of contents accordingly):

SEC. 9. 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),''.
                              ----------                              


2. An Amendment To Be Offered by Representative Tom Davis of Virginia, 
               or His Designee, Debatable for 10 Minutes

  Page 4, starting on line 20, strike ``may'' and all that 
follows through line 25 and insert the following: ``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.''
  Page 5, line 2, strike ``Congress--'' and all that follows 
through line 10 and insert the following: ``Congress a separate 
statement of the amount of appropriations requested by each 
Inspector General.''
                              ----------                              


    3. An Amendment To Be Offered by Representative Miller of North 
          Carolina, or His Designee, Debatable for 10 Minutes

  Page 2, beginning on line 12, strike ``adding at the end the 
following: `An''' and insert ``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'''.
  Page 3, line 2, strike ``; and'' and insert the following:
          ``(6) Knowing violation of a law, rule, or 
        regulation.
          ``(7) Gross mismanagement.
          ``(8) Gross waste of funds.
          ``(9) Abuse of authority.''; and
  Page 3, line 11, insert after ``Congress'' the following: 
``and to the Inspector General of the entity''.
  Page 5, starting on line 22, strike ``increase'' and all that 
follows through line 26 and insert the following: ``coordiniate 
and enhance governmental efforts to promote integrity and 
efficiency and to detect and prevent fraud, waste, and abuse in 
Federal programs.''
  Page 10, line 11, insert ``and professional standards'' after 
``policies''.
  Page 11, after line 20, insert the following:
  ``(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.''.
  Page 12, line 8, strike ``3 or more'' and insert ``4''.
  Page 13, line 19, after ``General'' insert the following: ``, 
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''.
  Page 14, strike lines 8 through 14 and insert the following:
                  ``(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).''.
  Page 14, line 20, strike ``(5)(B)'' and insert ``(5)(C)''.
  Page 16, strike lines 5 though 18 and insert the following:
          ``(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.''.
  Page 16, after line 18, insert the following:
          ``(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.''.
  Page 16, line 19, strike ``(8)'' and insert ``(11)''.
  Page 17, strike lines 4 through 6 and insert the following:
  (b) Executive Orders and Policies and Procedures.--
          (1) Existing executive orders.--Executive Order 
        12805, dated May 11, 1992, and Executive Order 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 Orders 12805 and 12933 (as 
        in effect before the date of the enactment of this 
        Act).
  Page 21, after line 12, insert the following:
          (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).
  Page 22, insert after line 10 the following:
  (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.
  Page 24, insert after line 3 the following:
  (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.
                              ----------                              


    4. An Amendment To Be Offered by Representative Miller of North 
          Carolina, or His Designee, Debatable for 10 Minutes

  Page 4, after line 12, insert the following new paragraph:
          (c)(1) 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.''
          (2) 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.''
  Page 4, line 13, strike ``(c)'' and insert ``(d)''.
                              ----------                              


5. An Amendment To Be Offered by Representative Gillibrand of New York, 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill add the following new section (and 
conform the table of contents):

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.

                                  
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