[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.