Text: H.R.928 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-409 (10/14/2008)

 
[110th Congress Public Law 409]
[From the U.S. Government Printing Office]


[DOCID: f:publ409.110]

[[Page 4301]]

                  INSPECTOR GENERAL REFORM ACT OF 2008

[[Page 122 STAT. 4302]]

Public Law 110-409
110th Congress

                                 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. <<NOTE: Oct. 14, 
                          2008 -  [H.R. 928]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Inspector 
General Reform Act of 2008.>> 
SECTION 1. <<NOTE: 5 USC app. 1 note.>> 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.-- <<NOTE: President. Deadline.>> 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 <<NOTE: Deadline.>> 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:

[[Page 122 STAT. 4303]]

    ``(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 <<NOTE: 5 USC app. 3 note.>> 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

[[Page 122 STAT. 4304]]

                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 <<NOTE: 5 USC app. 3 note.>> 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 <<NOTE: Applicability.>> 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--

[[Page 122 STAT. 4305]]

            (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) <<NOTE: Appointments.>> 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 <<NOTE: 5 USC app. 3 note.>> 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:

[[Page 122 STAT. 4306]]

``SEC. 11. <<NOTE: 5 USC app. 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) <<NOTE: Reports.>> 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

[[Page 122 STAT. 4307]]

                      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) <<NOTE: Appointments.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Reports. Deadline.>> 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) <<NOTE: Plans.>> 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;

[[Page 122 STAT. 4308]]

                    ``(D) <<NOTE: Web site.>> 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) <<NOTE: Recommen- dations.>> 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) <<NOTE: Reports.>> 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.--

[[Page 122 STAT. 4309]]

                                    ``(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.

[[Page 122 STAT. 4310]]

            ``(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 <<NOTE: Deadline.>> 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.--

[[Page 122 STAT. 4311]]

                    ``(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) <<NOTE: Deadline.>> 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) <<NOTE: Executive 
                      summary. Deadline.>> 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

[[Page 122 STAT. 4312]]

                      the submission of such report to the Executive 
                      Chairperson under clause (ii).
                    ``(B) Disposition.--The <<NOTE: Reports.>> 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 <<NOTE: 5 USC 1211 note.>> 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

[[Page 122 STAT. 4313]]

                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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline. 5 USC app. 11 
        note.>> 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 <<NOTE: Termination 
        date. 31 USC 501 note.>> 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) <<NOTE: 5 USC app. 8G.>> 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:

[[Page 122 STAT. 4314]]

    ``(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) <<NOTE: President.>> 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);''.

[[Page 122 STAT. 4315]]

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

[[Page 122 STAT. 4316]]

                                    ``(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 <<NOTE: Deadline. 5 USC app. 8L 
note.>> 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) <<NOTE: Applicability.>> 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

[[Page 122 STAT. 4317]]

1978 (5 U.S.C. App.) is amended by striking ``physical security'' and 
inserting ``protection to the Commissioner of Internal Revenue''.

    Approved October 14, 2008.

LEGISLATIVE HISTORY--H.R. 928 (S. 2324):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-354 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 110-262 accompanying S. 2324 (Comm. on Homeland 
Security and Governmental Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Oct. 3, considered and passed House.
                                                        Vol. 154 (2008):
                                    Sept. 24, considered and passed 
                                        Senate, amended.
                                    Sept. 25, 27, House considered and 
                                        concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
            Oct. 14, Presidential statement.

                                  <all>