[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 928 Enrolled Bill (ENR)]
H.R.928
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.
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.''.
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 12(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) Applicability to other inspectors general.--
(A) In general.--Notwithstanding any other provision of
law, the annual rate of basic pay of the Inspector General of
the Central Intelligence Agency, the Special Inspector General
for Iraq Reconstruction, and the Special Inspector General for
Afghanistan Reconstruction shall be that of an Inspector
General as defined under section 12(3) of the Inspector General
Act of 1978 (5 U.S.C. App.) (as amended by section 7(a) of this
Act).
(B) Prohibition of cash bonus or awards.--Section 3(f) of
the Inspector General Act of 1978 (5 U.S.C. App.) (as amended
by section 5 of this Act) shall apply to the Inspectors General
described under subparagraph (A).
(4) 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.--
(1) In general.--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
(including bonuses) of the senior level executives of that
designated Federal entity calculated on an annual basis.
(2) Limitation on adjustment.--
(A) In general.--In the case of an Inspector General of a
designated Federal entity whose pay is adjusted under paragraph
(1), the total increase in pay in any fiscal year resulting
from that adjustment may not exceed 25 percent of the average
total compensation (including bonuses) of the Inspector General
of that entity for the preceding 3 fiscal years.
(B) Sunset of limitation.--The limitation under
subparagraph (A) shall not apply to any adjustment made in
fiscal year 2013 or each fiscal year thereafter.
(c) Savings Provision for Newly Appointed Inspectors General.--
(1) In 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.
(2) Nonreduction in pay.--Notwithstanding any other provision
of law, career Federal employees serving on an appointment made
pursuant to statutory authority found other than in section 3392 of
title 5, United States Code, shall not suffer a reduction in pay,
not including any bonus or performance award, as a result of being
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 12(2) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
section 7(a) of this Act);
(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
12(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--
``(A) 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;
``(B) obtain the services of a counsel appointed by and directly
reporting to another Inspector General on a reimbursable basis; or
``(C) obtain the services of appropriate staff of 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, except
for the availability of counsel as provided under sections 3(g) and
8G(g) of the Inspector General Act of 1978 (5 U.S.C. App.) (as amended
by this section). The Counsel to the Inspector General shall perform
such functions as the Inspector General may prescribe.
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 Inspectors General of the Library of Congress,
Capitol Police, Government Printing Office, Government
Accountability Office, and the Architect of the Capitol.
``(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) carry out 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
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, made available
from the revolving fund established under subsection
(c)(3)(B), or as otherwise provided by law, 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, as
appropriate, shall--
``(A) adhere to professional standards developed by the
Council; and
``(B) participate in the plans, programs, and projects of
the Council, except that in the case of a member described
under subsection (b)(1)(I) , the member shall participate only
to the extent requested by the member and approved by the
Executive Chairperson and Chairperson.
``(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) Revolving fund.--
``(i) In general.--The Council may--
``(I) establish in the Treasury of the United
States a revolving fund to be called the Inspectors
General Council Fund; or
``(II) enter into an arrangement with a department
or agency to use an existing revolving fund.
``(ii) Amounts in revolving fund.--
``(I) In general.--Amounts transferred to the
Council under this subsection shall be deposited in the
revolving fund described under clause (i)(I) or (II).
``(II) Training.--Any remaining unexpended balances
appropriated for or otherwise available to the
Inspectors General Criminal Investigator Academy and
the Inspectors General Auditor Training Institute shall
be transferred to the revolving fund described under
clause (i)(I) or (II).
``(iii) Use of revolving fund.--
``(I) In general.--Except as provided under
subclause (II), amounts in the revolving fund described
under clause (i)(I) or (II) may be used to carry out
the functions and duties of the Council under this
subsection.
``(II) Training.--Amounts transferred into the
revolving fund described under clause (i)(I) or (II)
may be used for the purpose of maintaining any training
academy as determined by the Council.
``(iv) Availability of funds.--Amounts in the revolving
fund described under clause (i)(I) or (II) shall remain
available to the Council without fiscal year limitation.
``(C) Superseding provisions.--No provision of law enacted
after the date of enactment of this subsection shall be
construed to limit or supersede any authority under
subparagraph (A) or (B), 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, and maintain the records of the 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 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 any employee of an Office of Inspector General
who--
``(i) reports directly to an Inspector General; or
``(ii) 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 Committee on Government Oversight
and Reform of the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and other 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) Effective Date and Existing Executive Orders.--
(1) Council.--Not later than 180 days after the date of the
enactment of this Act, the Council of the Inspectors General on
Integrity and Efficiency established under this section shall
become effective and operational.
(2) Executive orders.--Executive Order No. 12805, dated May 11,
1992, and Executive Order No. 12933, dated March 21, 1996 (as in
effect before the date of the enactment of this Act) shall have no
force or effect on and after the earlier of--
(A) the date on which the Council of the Inspectors General
on Integrity and Efficiency becomes effective and operational
as determined by the Executive Chairperson of the Council; or
(B) the last day of the 180-day period beginning on the
date of enactment of this Act.
(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) any comments of the affected Inspector General with
respect to the proposal 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.''.
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 striking the period and inserting
``; and''; 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) not later than 3 days 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 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) Repeal.--Section 746(b) of the Financial Services and General
Government Appropriations Act, 2008 (5 U.S.C. App. note; 121 Stat.
2034) is repealed.
(c) 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 ``physical security'' and inserting ``protection to the
Commissioner of Internal Revenue''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.