69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–358 

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

INSPECTOR GENERAL ACT OF 1978 TO ENHANCE THE INDEPENDENCE 

OF THE INSPECTORS GENERAL, TO CREATE A COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY, AND FOR OTHER PURPOSES 

OCTOBER 2, 2007.—Referred to the House Calendar and ordered to be printed 

Ms. SUTTON, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 701] 

The Committee on Rules, having had under consideration House 

Resolution 701, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 928, the Improving Government Accountability Act, under a structured rule. 

The rule provides one hour of general debate equally divided and 

controlled by the chairman and ranking minority member of the 

Committee on Oversight and Government Reform. The rule waives 

all points of order against consideration of the bill except clauses 

9 and 10 of rule XXI. The rule provides that the amendment in the 

nature of a substitute recommended by the Committee on Oversight and Government Reform now printed in the bill shall be considered as an original bill for the purpose of amendment and shall 

be considered as read. All points of order against the committee 

amendment in the nature of a substitute are waived except clause 

10 of rule XXI. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure). 

The rule makes in order only those amendments printed in this 

report. The amendments made in order may be offered only in the 

order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to 

amendment, and shall not be subject to a demand for a division of 

the question in the House or in the Committee of the Whole. All 

points of order against the amendments except for clauses 9 and 


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10 of rule XXI are waived. The rule provides one motion to recommit with or without instructions. The rule provides that, notwithstanding the operation of the previous question, the Chair may 

postpone further consideration of the bill to a time designated by 

the Speaker. 

EXPLANATION OF WAIVERS

The waiver all points of order against consideration of the bill 

(except for clauses 9 and 10 of rule XXI) includes a waiver of Section 306 of the Congressional Budget Act, prohibiting consideration 

of legislation within the jurisdiction of the Committee on the Budget unless reported by the Budget Committee. The rule waives of all 

points of order against the committee amendment in the nature of 

a substitute (except for clause 10 of rule XXI). The committee is not 

aware of any points of order against the substitute. The waiver is 

prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 327 

Date: October 2, 2007. 

Measure: H.R. 928. 

Motion by: Mr. Dreier. 

Summary of motion: To grant an open rule. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Sutton—Nay; Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; 

Sessions—Yea. 

SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

1. Conyers (MI), The amendment would provide that the Department of Justice (DOJ) Inspector General is not required to refer to 

the Counsel of the Office of Professional Responsibility (OPR) of 

DOJ, allegations of misconduct involving DOJ attorneys and related personnel where the allegations relate to the exercise of the 

authority of an attorney to investigate, litigate, or provide legal advice. (10 minutes) 

2. Davis, Tom (VA), The amendment would revise section 3 (‘‘direct submission of budget requests to Congress’’) by striking language authorizing all IGs to independently submit their office’s 

budget requests to Congress, separate and apart from the President’s budget submission, and inserting language requiring IGs to 

notify Congress only if the budget request submitted by the agency 

would ‘‘substantially inhibit the Inspector General from performing 

the duties of the office.’’ (10 minutes) 

3. Miller, Brad (NC), The amendment would add additional reasons for which an IG may be removed from office, make certain 

changes to make the statute conform to existing Executive Orders, 

and require an annual report by the Council of the Inspectors GenVerDate Aug 31 2005 03:14 Oct 03, 2007 Jkt 069008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR358.XXX HR358

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eral on Integrity and Efficiency on the activities of its Integrity 

Committee. (10 minutes) 

4. Miller, Brad (NC), The amendment would establish a committee of Inspectors General of the Inspectors General Council to 

review the qualifications of nominees and final candidates for the 

position of Inspector General in all government establishments and 

entities to determine whether they meet the integrity and professional qualifications for the position established by the Inspector 

General Act. The committee would also be required to report back 

to the relevant Senate committee or federal appointing entity. (10 

minutes) 

5. Gillibrand (NY), The amendment would require that each federal agency website has a direct link to the website of the Office 

of Inspector General for that agency, that the Inspector General of 

each agency posts all reports and audits online within one day of 

being made publicly available, and that all Inspector General 

websites facilitate the individual, anonymous reporting of waste, 

fraud and abuse. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONYERS

OF MICHIGAN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following new section (and conform 

the table of contents accordingly): 

SEC. 9. AMENDMENTS TO SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF JUSTICE. 

(a) AMENDMENT TO REQUIREMENT RELATING TO CERTAIN REFERRALS.—Section 8E(b) of the Inspector General Act of 1978 (5 U.S.C. 

App.) is amended by striking paragraph (3). 

(b) CONFORMING AMENDMENTS.—Section 8E of such Act is further amended 

(1) in subsection (b)— (A) by striking ‘‘and paragraph (3)’’ in paragraph (2); 

(B) by redesignating paragraph (4) as paragraph (3); and 

(C) by redesignating paragraph (5) as paragraph (4) and 

in that paragraph by striking ‘‘(4)’’ and inserting ‘‘(3)’’; and 

(2) in subsection (d), by striking ‘‘, except with respect to allegations described in subsection (b)(3),’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TOM DAVIS

OF VIRGINIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, starting on line 20, strike ‘‘may’’ and all that follows 

through line 25 and insert the following: ‘‘shall inform the appropriate committees or subcommittees of the Congress if the budget 

request submitted by the head of the establishment would substantially inhibit the Inspector General from performing the duties of 

the office.’’ Page 5, line 2, strike ‘‘Congress—’’ and all that follows through 

line 10 and insert the following: ‘‘Congress a separate statement of 

the amount of appropriations requested by each Inspector General.’’


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3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MILLER OF

NORTH CAROLINA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, beginning on line 12, strike ‘‘adding at the end the following: ‘An’ ’’ and insert ‘‘striking ‘the reasons for any such removal 

to both Houses of Congress.’ and inserting the following: ‘in writing 

the reasons for any such removal to both Houses of Congress and 

to the Inspector General of the establishment at least 30 days before such removal. An’ ’’. 

Page 3, line 2, strike ‘‘; and’’ and insert the following: 

‘‘(6) Knowing violation of a law, rule, or regulation. 

‘‘(7) Gross mismanagement. 

‘‘(8) Gross waste of funds. 

‘‘(9) Abuse of authority.’’; and 

Page 3, line 11, insert after ‘‘Congress’’ the following: ‘‘and to the 

Inspector General of the entity’’. 

Page 5, starting on line 22, strike ‘‘increase’’ and all that follows 

through line 26 and insert the following: ‘‘coordiniate and enhance 

governmental efforts to promote integrity and efficiency and to detect and prevent fraud, waste, and abuse in Federal programs.’’

Page 10, line 11, insert ‘‘and professional standards’’ after ‘‘policies’’. 

Page 11, after line 20, insert the following: 

‘‘(d) ADMINISTRATIVE PROVISIONS.—

‘‘(1) DIRECTOR OF OMB.—The Director of the Office of Management and Budget shall provide the Council with such administrative support as may be necessary for the performance 

of the functions of the Council. 

‘‘(2) HEADS.—The head of each establishment and designated 

Federal entity represented on the Council shall provide the 

persons representing the establishment or entity with such administrative support as may be necessary, in accordance with 

law, to enable the persons representing the establishment or 

entity to carry out their responsibilities.’’. 

Page 12, line 8, strike ‘‘3 or more’’ and insert ‘‘4’’. 

Page 13, line 19, after ‘‘General’’ insert the following: ‘‘, acts with 

the knowledge of the Inspector General, or against whom an allegation is made because such allegation is related to an allegation 

against the Inspector General, except that if an allegation concerns 

a member of the Integrity Committee, that member shall recuse 

himself from consideration of the matter’’. 

Page 14, strike lines 8 through 14 and insert the following: ‘‘(B) refer any allegation of wrongdoing to the agency of 

the executive branch with appropriate jurisdiction over the 

matter; and 

‘‘(C) refer to the Chairperson of the Integrity Committee 

any allegation of wrongdoing determined by the Integrity 

Committee to be potentially meritorious that cannot be referred to an agency under subparagraph (B).’’. 

Page 14, line 20, strike ‘‘(5)(B)’’ and insert ‘‘(5)(C)’’. 

Page 16, strike lines 5 though 18 and insert the following: 

‘‘(8) REPORT.—

‘‘(A) For allegations referred under paragraph (5)(C), the 

Chairperson of the Integrity Committee shall make a report containing the results of his investigation and shall 


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provide such report to members of the Integrity Committee. 

‘‘(B) For allegations referred under paragraph (5)(B), the 

head of an agency shall make a report containing the results of the investigation and shall provide such report to 

members of the Integrity Committee. 

‘‘(9) ASSESSMENT AND FINAL DISPOSITION.—

‘‘(A) With respect to any report received under paragraph (8), the Integrity Committee shall—

‘‘(i) assess the report; 

‘‘(ii) forward the report, with the Integrity Committee recommendations, including those on disciplinary action, within 180 days (to the maximum extent 

practicable) after the completion of the investigation, 

to the Executive Chairperson of the Council and to the 

President (in the case of a report relating to an Inspector General of an establishment or his staff) or the 

head of a designated Federal entity (in the case of a 

report relating to an Inspector General of such an entity or his staff) for resolution; and 

‘‘(iii) submit to Congress a copy of such report and 

recommendations within 30 days after the submission 

of such report to the Executive Chairperson under 

clause (ii). 

‘‘(B) The Chairperson of the Council shall report to the 

Integrity Committee the final disposition of the matter, including what action was taken by the President or agency 

head.’’. 

Page 16, after line 18, insert the following: 

‘‘(10) ANNUAL REPORT.—

‘‘(A) MATTERS COVERED.—The Council shall submit to 

Congress and the President by December 31st of each year 

a report on the activities of the Integrity Committee during the preceding fiscal year. The report shall include the 

following: 

‘‘(i) The number of allegations received. 

‘‘(ii) The number of allegations referred to other 

agencies, including the number of allegations referred 

for criminal investigation. 

‘‘(iii) The number of allegations referred to the 

Chairperson of the Integrity Committee for investigation. 

‘‘(iv) The number of allegations closed without referral. 

‘‘(v) The date each allegation was received and the 

date each allegation was finally disposed of. 

‘‘(vi) In the case of allegations referred to the Chairperson of the Integrity Committee, a summary of the 

status of the investigation of the allegations and, in 

the case of investigations completed during the preceding fiscal year, a summary of the findings of the investigations. 

‘‘(vii) Other matters that the Council considers appropriate. 


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‘‘(B) REQUESTS FOR MORE INFORMATION.—The Council 

shall provide more detailed information about specific allegations upon request from any of the following: 

‘‘(i) The chairman or ranking member of the Committee on Oversight and Government Reform of the 

House of Representatives. 

‘‘(ii) The chairman or ranking member of the Committee on Homeland Security and Governmental Affairs of the Senate. 

‘‘(iii) The chairman or ranking member of the congressional committees of jurisdiction.’’. 

Page 16, line 19, strike ‘‘(8)’’ and insert ‘‘(11)’’. 

Page 17, strike lines 4 through 6 and insert the following: 

(b) EXECUTIVE ORDERS AND POLICIES AND PROCEDURES.—

(1) EXISTING EXECUTIVE ORDERS.—Executive Order 12805, 

dated May 11, 1992, and Executive Order 12993, dated March 

21, 1996, shall have no force or effect. 

(2) POLICIES AND PROCEDURES.—Not later than 180 days 

after the date of the enactment of this Act, the Inspectors General Council shall adopt policies and procedures to implement 

this section and the amendments made by this section. To the 

maximum extent practicable, the policies and procedures shall 

include all provisions of Executive Orders 12805 and 12933 (as 

in effect before the date of the enactment of this Act). 

Page 21, after line 12, insert the following: 

(3) ADDITIONAL CONFORMING AMENDMENT.—Section 194(b) of 

the National and Community Service Act of 1990 (42 U.S.C. 

12651e(b)) is amended by striking paragraph (3). 

Page 22, insert after line 10 the following: 

(d) SAVINGS PROVISION FOR NEWLY APPOINTED INSPECTORS GENERAL.—The provisions of section 3392, title 5, United States Code, 

other than the terms ‘‘performance awards’’ and ‘‘awarding of 

ranks’’ in subsection (c)(1) of such section, shall apply to career appointees of the Senior Executive Service who are appointed to the 

position of Inspector General. 

Page 24, insert after line 3 the following: 

(d) QUALIFICATIONS OF INSPECTORS GENERAL OF DESIGNATED

FEDERAL ENTITIES.—Section 8G(c)(1) of the Inspector General Act 

of 1978 (5 U.S.C. App.), as amended by this Act, is further amended by striking the period and inserting ‘‘without regard to political 

affiliation, and solely on the basis of integrity and demonstrated 

ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MILLER OF

NORTH CAROLINA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, after line 12, insert the following new paragraph: 

(c)(1) in section 3(a), by inserting after the first sentence the 

following: ‘‘A committee of Inspectors General of the Inspectors 

General Council established under section 11 shall review 

nominations in light of these requirements, and the results of 

the committee’s review shall be provided to the Senate prior to 

the confirmation process.’’


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(2) in section 8G(c), by adding at the end the following: ‘‘The 

head of the designated Federal entity shall ask the committee 

of Inspectors General referred to in section 3(a) for a report on 

the qualifications of each final candidate for Inspector General 

and shall not appoint an Inspector General before reviewing 

such report.’’

Page 4, line 13, strike ‘‘(c)’’ and insert ‘‘(d)’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

GILLIBRAND OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR

10 MINUTES

At the end of the bill add the following new section (and conform 

the table of contents): 

SEC. 9. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS 

GENERAL. 

(a) DEFINITION.—In this section, the term ‘‘agency’’ has the 

meaning provided the term ‘‘Federal agency’’ under section 11(5) of 

the Inspector General Act of 1978 (5 U.S.C. App.). 

(b) DIRECT LINKS TO INSPECTORS GENERAL OFFICES.—

(1) IN GENERAL.—Each agency shall establish and maintain 

on the homepage of the website of that agency a direct link to 

the website of the Office of the Inspector General of that agency. 

(2) ACCESSIBILITY.—The direct link under paragraph (1) 

shall be obvious and facilitate accessibility to the website of the 

Office of the Inspector General. 

(c) REQUIREMENTS FOR INSPECTORS GENERAL WEBSITES.—

(1) POSTING OF REPORTS AND AUDITS.—The Inspector General 

of each agency shall—

(A) not later than 1 day after any report or audit (or portion of any report or audit) is made publicly available, post 

that report or audit (or portion of that report or audit) on 

the website of the Office of the Inspector General; and 

(B) ensure that any posted report or audit (or portion of 

that report or audit) described under subparagraph (A)—

(i) is easily accessible from a direct link on the 

homepage of the website of the Office of the Inspector 

General; 

(ii) includes a summary of the findings of the Inspector General; and 

(iii) is in a format that—

(I) is searchable, sortable, and downloadable; 

and 

(II) facilitates printing by individuals of the 

public who are accessing the website. 

(2) OPTION TO RECEIVE RELATED INFORMATION.—The Inspector General of each agency shall provide a service on the 

website of the Office of the Inspector General through which—

(A) an individual may elect to automatically receive information (including subsequent reports or audits) relating 

to any posted report or audit (or portion of that report or 

audit) described under paragraph (1)(A); and 


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(B) the Inspector General shall electronically transmit 

the information or notice of the availability of the information to that individual without further request. 

(3) REPORTING OF WASTE, FRAUD, AND ABUSE.— (A) IN GENERAL.—The Inspector General of each agency 

shall establish and maintain a direct link on the homepage 

of the website of the Office of the Inspector General for individuals to report waste, fraud, and abuse. 

(B) ANONYMITY.—The Inspector General of each agency 

shall take such actions as necessary to ensure the anonymity of any individual making a report under this paragraph. 

(d) IMPLEMENTATION.—Not later than 180 days after the date of 

enactment of this Act, the head of each agency and the Inspector 

General of each agency shall implement this section. 

Æ 


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