49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–210 

INSPECTOR GENERAL EMPOWERMENT ACT OF 2015 

JULY 16, 2015.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. CHAFFETZ, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 2395] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 2395) to amend the Inspector General 

Act of 1978 to strengthen the independence of the Inspectors General, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill 

do pass. 

CONTENTS 

Committee Statement and Views ........................................................................... 1 

Section-by-Section .................................................................................................... 4 

Explanation of Amendments ................................................................................... 5 

Committee Consideration ........................................................................................ 5 

Roll Call Votes ......................................................................................................... 5 

Application of Law to the Legislative Branch ....................................................... 5 

Statement of Oversight Findings and Recommendations of the Committee ...... 5 

Statement of General Performance Goals and Objectives .................................... 5 

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Advisory Committee Act ............................................................................ 6 

Unfunded Mandate Statement ............................................................................... 6 

Earmark Identification ............................................................................................ 6 

Committee Estimate ................................................................................................ 6 

Budget Authority and Congressional Budget Office Cost Estimate .................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 7 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 2395, the Inspector General Empowerment Act of 2015, 

strengthens the Inspector General community’s ability to identify 


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1 Inspector General Act of 1978, P.L. 95–452, § 1, Oct. 12, 1978, 92 Stat. 1101, as amended 

(codified at 5 U.S.C. app §§ 1–13). 2 Council of Inspectors Gen. on Integrity and Efficiency, Progress Report to the President, Fiscal Year 2013, available at https://www.ignet.gov/sites/default/files/files/CIGIE%202013 

%20Progess%20Report.pdf. (last accessed June 29, 2015). 3 5 U.S.C. app § 6(a)(2). 

4 5 U.S.C. app § 6(a)(1). 

5 CIGIE was established by the Inspector General Reform Act of 2008 (Pub. L. No. 110–409, 

122 Stat. 4302, Oct. 14, 2008) to create one united federal Inspectors General Council. CIGIE 

is an independent entity to increase the professionalism and effectiveness of personnel in the 

Offices of Inspectors General, and has formulated and adopted quality standards for Offices of 

Inspectors General, among other things. 

fraud within the agencies they oversee. The bill authorizes Inspectors General to issue testimonial subpoenas, including to federal 

government contractors and former federal employees. The bill exempts the Inspectors General from both the Computer Matching 

and Privacy Protection Act and the Paperwork Reduction Act in 

order to better facilitate their work. 

BACKGROUND AND NEED FOR LEGISLATION

The Inspector General Act of 1978 (Act) established the Inspectors General to promote economy, efficiency, and effectiveness within Executive Branch departments and agencies.1 The role of an Inspector General is to make recommendations to their agency based 

on independent and objective audits, evaluations, and investigations of the agency. Inspectors General promote good stewardship 

of taxpayer dollars and improve the effectiveness of government. 

Inspectors General recommendations often involve practical methods to reduce agency waste and mismanagement, while improving 

operations. During fiscal year 2013, 72 Offices of Inspector General 

made recommendations with potential cost savings to taxpayers totaling $51.8 billion.2

The Act broadly empowers IGs to undertake whatever investigations or reports they consider ‘‘necessary or desirable.’’ 3 In support 

of this function, Section 6(a)(1) of the Act clearly states that IGs 

shall ‘‘have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to the 

applicable establishment which related to programs and operations 

with respect to which that Inspector General has responsibilities 

under this Act.’’ 4

Despite the broad authority in the IG Act, the House Committee 

on Oversight and Government Reform and the Senate Committee 

on Homeland Security and Governmental Affairs received a letter 

in August 2014 from 47 Inspectors General expressing concerns 

over ‘‘serious limitations on access to records that have recently impeded the work of Inspectors General.’’ The Committee on Oversight and Government Reform held several hearings during the 

113th and the 114th Congresses to examine concerns raised by Inspectors General. Witnesses suggested several legislative remedies 

that could enhance the ability of the Inspectors General to conduct 

effective oversight such as expanded testimonial subpoena authority and the ability to obtain and match readily available information across Executive Branch agencies. The Council of the Inspectors General on Integrity and Efficiency (CIGIE) also recommended 

and supported these legislative reforms as needed tools to improve 

the efficiency and effectiveness of the Inspectors General.5


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Lack of voluntary cooperation from government contractors and 

former federal employees may lead to incomplete audits or closed 

investigations. For example, the U.S. Department of Justice Inspector General Michael Horowitz testified to the House Committee on 

Oversight and Government Reform at a hearing on February 3, 

2015 that former federal employees have refused to speak with his 

agency’s Office of Inspector General, and federal employees resigned or retired immediately prior to an interview with the office. 

The testimonial subpoena authority provided in H.R. 2395 would 

enhance the ability of the Inspectors General to gather relevant 

and sufficient evidence for investigations, while also providing safeguards to prevent this authority from being abused by any Inspector General. 

Further, H.R. 2395 would exempt Inspectors General from the 

Computer Matching and Privacy Protection Act and the Paperwork 

Reduction Act, which Inspectors General have said require lengthy 

and cumbersome approval processes for the collection and matching 

of information. These exemptions will enhance the ability of the Inspectors General to identify and prevent improper or fraudulent 

payments and better facilitate efficient oversight. 

Prolonged vacancies of Inspectors General can leave Offices of Inspectors General vulnerable and can diminish their ability to effectively conduct oversight duties. The National Archives and Records 

Administration’s Inspector General was placed on administrative 

leave pending the completion of a CIGIE Integrity Committee investigation, leaving the agency without a permanent Inspect General for approximately two years. H.R. 2395 contains provisions 

that expedite investigations by CIGIE’s Integrity Committee, and 

require CIGIE and the Government Accountability Office to issues 

reports concerning ongoing investigations and prolonged vacancies, 

respectively. 

LEGISLATIVE HISTORY

H.R. 2395, the Inspector General Empowerment Act of 2015, was 

introduced on May 18, 2015 by Congressman Jason Chaffetz (R– 

UT) and referred to the Committee on Oversight and Government 

Reform. Congressmen Elijah E. Cummings (D–MD) and Mark 

Meadows (R–NC) are original cosponsors of the bill. On May 19, 

2015, the Committee on Oversight and Government Reform ordered H.R. 2395 favorably reported, without amendment. 

On February 3, 2015, the Committee on Oversight and Government Reform held a hearing titled, ‘‘Inspectors General: Independence, Access and Authority.’’ 

During the 113th Congress, similar legislation, H.R. 5492, was 

ordered favorably reported, as amended, by the Committee on 

Oversight and Government Reform. The Committee held hearings 

on January 15, 2014, titled, ‘‘Strengthening Agency Oversight: Empowering the Inspectors General Community,’’ and September 10, 

2014, titled, ‘‘Obstructing Oversight: Concerns From Inspectors 

General.’’ 


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SECTION-BY-SECTION

Section 1. Short title; table of contents 

Designates the short title of the bill as the ‘‘Inspector General 

Empowerment Act of 2015’’. 

Section 2. Additional authority provisions for inspectors general 

Authorizes Inspectors General to issue testimonial subpoenas, including to federal government contractors and former federal employees, with each subpoena subject to review prior to issuance, 

first by a Council of the Inspectors General on Integrity and Efficiency (CIGIE) panel, and then by the Justice Department. The 

Justice Department can prevent or postpone the issuance of a subpoena if it would interfere with an ongoing investigation. 

Exempts Inspectors General from the Computer Matching and 

Privacy Protection Act to facilitate review and identification of 

fraud. 

Section 3. Additional responsibilities of the Council of the Inspectors 

General on integrity and efficiency 

Expedites investigations conducted by the CIGIE Integrity Committee and requires progress reports concerning ongoing investigations. 

Section 4. Paperwork Reduction Act exemption 

Exempts from the Paperwork Reduction Act any information collected during an investigation, audit, inspection, evaluation or 

other review by an Inspector General, in order to facilitate their 

work. 

Section 5. Amendments to the Inspector General Act of 1978 and the 

Inspector General Reform Act of 2008 

Makes a number of technical amendments to the Inspector General Act of 1978 and the Inspector General Reform Act of 2008, including (1) codification of the authority of CIGIE Integrity Committee to investigate allegations of wrongdoing against the Special 

Counsel or Deputy Special Counsel; (2) clarification that non-agency Offices of Inspectors General may promise to keep anonymous 

the identity of parties filing complaints; (3) clarification that reports an Office of Inspector General posts on its website includes 

audit reports, inspection reports and evaluation reports, consistent 

with semi-annual reporting requirements; (4) repealing section 744 

of the Financial Services and General Government Appropriations 

Act of 2009 that conflicts with the Inspector General Reform Act 

of 2008 language regarding Office of Inspector General websites; 

and (5) correction of various cross-references, punctuation, and typographical errors. 

Section 6. Reports required 

Requires that the Government Accountability Office issue a report concerning prolonged vacancies in Offices of Inspector General, 

and that CIGIE issue a report on collaboration among Inspectors 

General on cross-cutting issues that pertain to waste, fraud, abuse 

and/or mismanagement across the jurisdiction of more than one individual Office of Inspector General. 


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Section 7. Public release of misconduct report 

Requires the public release of any Inspector General report that 

finds misconduct for senior executive service employees, political 

appointees, and general and flag officers. 

EXPLANATION OF AMENDMENTS

No amendments were offered during Full Committee consideration of H.R. 2395. 

COMMITTEE CONSIDERATION

On May 19, 2015 the Committee met in open session and ordered 

reported favorably the bill, H.R. 2395, by voice vote, a quorum 

being present. 

ROLL CALL VOTES

There were no recorded votes during Full Committee consideration of H.R. 2395. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill amends the Inspector 

General Act of 1978 to strengthen the independence of the Inspectors General. As such this bill does not relate to employment or access to public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of this bill is to amend the Inspector General Act of 1978 

to strengthen the independence of the Inspectors General. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of this bill establishes or reauthorizes a program of 

the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting this bill does direct the 

completion of a specific rule making within the meaning of 5 U.S.C. 


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551. H.R. 2395 requires the Chairperson of the Council of the Inspectors General on Integrity and Efficiency, in consultation with 

the Attorney General, to prescribe regulations for the testimonial 

subpoena authority provided to the Inspectors General under section two of the bill. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement as to whether 

the provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out this bill. 

However, clause 3(d)(2)(B) of that rule provides that this requirement does not apply when the Committee has included in its report 

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

this bill from the Director of Congressional Budget Office: 

H.R. 2395—Inspector General Empowerment Act of 2015 

H.R. 2395 would amend the Inspector General Act of 1978 to expand the subpoena authority for inspectors general (IGs). The bill 

also would require additional reports on IG activities to the Congress, and would make technical changes to the authorities of the 

inspectors general. 

Subject to the availability of appropriated funds, CBO estimates that implementing the bill would cost $2 million over the 2016– 

2020 period to prepare additional IG reports and a report by the 


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Government Accountability Office. That estimate is based on information from the Council of Inspectors General on Integrity and Efficiency (CIGIE) and selected IGs. Enacting H.R. 2395 could affect 

direct spending by some agencies (such as the Tennessee Valley 

Authority) because they are authorized to use receipts from the 

sale of goods, fees, and other collections to cover their operating 

costs. Therefore, pay-as-you-go procedures apply. Because most of 

those agencies can make adjustments to the amounts collected as 

operating costs change, CBO estimates that any net changes in direct spending by those agencies would not be significant. Enacting 

the bill would not affect revenues. 

H.R. 2395 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

On March 17, 2015, CBO transmitted a cost estimate for S. 579, 

the Inspector General Empowerment Act of 2015, as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on March 4, 2015. Both bills address inspector 

general authorities, but S. 579 would authorize appropriations of 

specific amounts for the CIGIE. CBO’s estimated costs reflect that 

authorization and differences in the number of reports. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

INSPECTOR GENERAL ACT OF 1978 

* * * * * * * 

APPOINTMENT AND REMOVAL OF OFFICERS

SEC. 3. (a) There shall be at the head of each Office an Inspector 

General who shall be appointed by the President, by and with the 

advice and consent of the Senate, 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. Each Inspector General shall report to and be under the general supervision of the 

head of the establishment involved or, to the extent such authority 

is delegated, the officer next in rank below such head, but shall not 

report to, or be subject to supervision by, any other officer of such 

establishment. Neither the head of the establishment nor the officer next in rank below such head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any 

audit or investigation, or from issuing any øsubpena¿ subpoena 

during the course of any audit or investigation. 


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(b) An Inspector General may be removed from office by the 

President. 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. 

(c) For the purposes of section 7324 of title 5, United States 

Code, no Inspector General shall be considered to be an employee 

who determines policies to be pursued by the United States in the 

nationwide administration of Federal laws. 

(d)(1) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service—— 

(A) appoint an Assistant Inspector General for Auditing who 

shall have the responsibility for supervising the performance of 

auditing activities relating to programs and operations of the 

establishment; 

(B) appoint an Assistant Inspector General for Investigations 

who shall have the responsibility for supervising the performance of investigative activities relating to such programs and 

operations; and 

(C) designate a Whistleblower Protection Ombudsman who 

shall educate agency employees—— 

(i) about prohibitions on retaliation for protected disclosures; and 

(ii) who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation for protected disclosures 

(2) The Whistleblower Protection Ombudsman shall not act as a 

legal representative, agent, or advocate of the employee or former 

employee. 

(3) For the purposes of this section, the requirement of the designation of a Whistleblower Protection Ombudsman under paragraph (1)(C) shall not apply to—— 

(A) any agency that is an element of the intelligence community (as defined in section 3(4) of the National Security Act of 

1947 (50 U.S.C. 401a(4))); or 

(B) as determined by the President, any executive agency or 

unit thereof the principal function of which is the conduct of 

foreign intelligence or counter intelligence activities. 

(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. 

(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. 

(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. 

SEC. 4. (a) It shall be the duty and responsibility of each Inspector General, with respect to the establishment within which his Office is established—— 


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(1) to provide policy direction for and to conduct, supervise, 

and coordinate audits and investigations relating to the programs and operations of such establishment; 

(2) to review existing and proposed legislation and regulations relating to programs and operations of such establishment and to make recommendations in the semiannual reports 

required by section 5(a) concerning the impact of such legislation or regulations on the economy and efficiency in the administration of programs and operations administered or financed 

by such establishment or the prevention and detection of fraud 

and abuse in such programs and operations; 

(3) to recommend policies for, and to conduct, supervise, or 

coordinate other activities carried out or financed by such establishment for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting 

fraud and abuse in, its programs and operations; 

(4) to recommend policies for, and to conduct, supervise, or 

coordinate relationships between such establishment and other 

Federal agencies, State and local governmental agencies, and 

non-governmental entities with respect to (A) all matters relating to the promotion of economy and efficiency in the administration of, or the prevention and detection of fraud and abuse 

in, programs and operations administered or financed by such 

establishment, or (B) the identification and prosecution of participants in such fraud or abuseø; and¿; 

(5) to keep the head of such establishment and the Congress 

fully and currently informed, by means of the reports required 

by section 5 and otherwise, concerning fraud and other serious 

problems, abuses, and deficiencies relating to the administration of programs and operations administered or financed by 

such establishment, to recommend corrective action concerning 

such problems, abuses, and deficiencies, and to report on the 

progress made in implementing such corrective actionø.¿; and 

(6) to make publicly available not later than 60 days after 

issuing a final report on any administrative investigation that 

confirms misconduct, including any violation of Federal law 

and any violation of Federal agency policy, by any member of 

the Senior Executive Service, employee in a position that is excepted from the competitive service because of its confidential, 

policy-determining, policy-making, or policy-advocating character, or commissioned officer in the Armed Forces in pay 

grades O–6 and above (ensuring that information protected 

under section 552 of title 5, United States Code (commonly 

known as the ‘‘Freedom of Information Act’’), section 552a of 

title 5, United States Code (commonly known as the ‘‘Privacy 

Act of 1974’’), and section 6103 of the Internal Revenue Code of 

1986 is not disclosed). 

(b)(1) In carrying out the responsibilities specified in subsection 

(a)(1), each Inspector General shall—— 

(A) comply with standards established by the Comptroller 

General of the United States for audits of Federal establishments, organizations, programs, activities, and functions; 

(B) establish guidelines for determining when it shall be appropriate to use non-Federal auditors; and 


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(C) take appropriate steps to assure that any work performed by non-Federal auditors complies with the standards 

established by the Comptroller General as described in paragraph (1). 

(2) For purposes of determining compliance with paragraph 

(1)(A) with respect to whether internal quality controls are in place 

and operating and whether established audit standards, policies, 

and procedures are being followed by Offices of Inspector General 

of establishments defined under section 12(2), Offices of Inspector 

General of designated Federal entities defined under section 

ø8F(a)(2)¿ 8G(a)(2), and any audit office established within a Federal entity defined under section ø8F(a)(1)¿ 8G(a)(1), reviews shall 

be performed exclusively by an audit entity in the Federal Government, including the General Accounting Office or the Office of Inspector General of each establishment defined under section 12(2), 

or the Office of Inspector General of each designated Federal entity 

defined under section ø8F(a)(2)¿ 8G(a)(2). 

(c) In carrying out the duties and responsibilities established 

under this Act, each Inspector General shall give particular regard 

to the activities of the Comptroller General of the United States 

with a view toward avoiding duplication and insuring effective coordination and cooperation. 

(d) In carrying out the duties and responsibilities established 

under this Act, each Inspector General shall report expeditiously to 

the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. 

REPORTS

SEC. 5. (a) Each Inspector General shall, not later than April 30 

and October 31 of each year, prepare semiannual reports summarizing the activities of the Office during the immediately preceding 

six-month periods ending March 31 and September 30. Such reports shall include, but need not be limited to—— 

(1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of such establishment disclosed by such activities during 

the reporting period; 

(2) a description of the recommendations for corrective action 

made by the Office during the reporting period with respect to 

significant problems, abuses, or deficiencies identified pursuant 

to paragraph (1); 

(3) an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed; 

(4) a summary of matters referred to prosecutive authorities 

and the prosecutions and convictions which have resulted; 

(5) a summary of each report made to the head of the establishment under section 6(b)(2) during the reporting period; 

(6) a listing, subdivided according to subject matter, of each 

audit report, inspection reports, and evaluation reports issued 

by the Office during the reporting period and for each report, 

where applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported 


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costs) and the dollar value of recommendations that funds be 

put to better use; 

(7) a summary of each particularly significant report; 

(8) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the total 

dollar value of questioned costs (including a separate category 

for the dollar value of unsupported costs), for reports—— 

(A) for which no management decision had been made by 

the commencement of the reporting period; 

(B) which were issued during the reporting period; 

(C) for which a management decision was made during 

the reporting period, including—— 

(i) the dollar value of disallowed costs; and 

(ii) the dollar value of costs not disallowed; and 

(D) for which no management decision has been made by 

the end of the reporting period; 

(9) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar 

value of recommendations that funds be put to better use by 

management, for reports—— 

(A) for which no management decision had been made by 

the commencement of the reporting period; 

(B) which were issued during the reporting period; 

(C) for which a management decision was made during 

the reporting period, including—— 

(i) the dollar value of recommendations that were 

agreed to by management; and 

(ii) the dollar value of recommendations that were 

not agreed to by management; and 

(D) for which no management decision has been made by 

the end of the reporting period; 

(10) a summary of each audit report, inspection reports, and 

evaluation reports issued before the commencement of the reporting period for which no management decision has been 

made by the end of the reporting period (including the date 

and title of each such report), an explanation of the reasons 

such management decision has not been made, and a statement concerning the desired timetable for achieving a management decision on each such report; 

(11) a description and explanation of the reasons for any significant revised management decision made during the reporting period; 

(12) information concerning any significant management decision with which the Inspector General is in disagreement; 

(13) the information described under section ø05(b)¿ 804(b) 

of the Federal Financial Management Improvement Act of 

1996; 

(14)(A) an appendix containing the results of any peer review 

conducted by another Office of Inspector General during the reporting period; or 

(B) if no peer review was conducted within that reporting period, a statement identifying the date of the last peer review 

conducted by another Office of Inspector General; 

(15) a list of any outstanding recommendations from any 

peer review conducted by another Office of Inspector General 


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that have not been fully implemented, including a statement 

describing the status of the implementation and why implementation is not completeø; and¿; 

(16) a list of any peer reviews conducted by the Inspector 

General of another Office of the Inspector General during the 

reporting period, including a list of any outstanding recommendations made from any previous peer review (including 

any peer review conducted before the reporting period) that remain outstanding or have not been fully implementedø.¿; 

(17) a description of the use of subpoenas for the attendance 

and testimony of certain witnesses authorized under section 6A; 

and 

(18) a list of and summary of any administrative investigation that confirms misconduct, including any violation of Federal law and violation of any Federal agency policy, by any 

member of the Senior Executive Service, employee in a position 

that is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character, or commissioned officer in the Armed Forces 

in pay grades O–6 and above. 

(b) Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved not later than 

April 30 and October 31 of each year and shall be transmitted by 

such head to the appropriate committees or subcommittees of the 

Congress within thirty days after receipt of the report, together 

with a report by the head of the establishment containing—— 

(1) any comments such head determines appropriate; 

(2) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar 

value of disallowed costs, for reports— 

(A) for which final action had not been taken by the 

commencement of the reporting period; 

(B) on which management decisions were made during 

the reporting period; 

(C) for which final action was taken during the reporting 

period, including—— 

(i) the dollar value of disallowed costs that were recovered by management through collection, offset, 

property in lieu of cash, or otherwise; and 

(ii) the dollar value of disallowed costs that were 

written off by management; and 

(D) for which no final action has been taken by the end 

of the reporting period; 

(3) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar 

value of recommendations that funds be put to better use by 

management agreed to in a management decision, for reports—— 

(A) for which final action had not been taken by the 

commencement of the reporting period; 

(B) on which management decisions were made during 

the reporting period; 

(C) for which final action was taken during the reporting 

period, including—— 


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(i) the dollar value of recommendations that were 

actually completed; and 

(ii) the dollar value of recommendations that management has subsequently concluded should not or 

could not be implemented or completed; and 

(D) for which no final action has been taken by the end 

of the reporting period; and 

(4) a statement with respect to audit reports on which management decisions have been made but final action has not 

been taken, other than audit reports on which a management 

decision was made within the preceding year, containing—— 

(A) a list of such audit reports and the date each such 

report was issued; 

(B) the dollar value of disallowed costs for each report; 

(C) the dollar value of recommendations that funds be 

put to better use agreed to by management for each report; 

and 

(D) an explanation of the reasons final action has not 

been taken with respect to each such audit report, 

except that such statement may exclude such audit reports 

that are under formal administrative or judicial appeal or upon 

which management of an establishment has agreed to pursue 

a legislative solution, but shall identify the number of reports 

in each category so excluded. 

(c) Within sixty days of the transmission of the semiannual reports of each Inspector General to the Congress, the head of each 

establishment shall make copies of such report available to the 

public upon request and at a reasonable cost. Within 60 days after 

the transmission of the semiannual reports of each establishment 

head to the Congress, the head of each establishment shall make 

copies of such report available to the public upon request and at 

a reasonable cost. 

(d) Each Inspector General shall report immediately to the head 

of the establishment involved whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, 

or deficiencies relating to the administration of programs and operations of such establishment. The head of the establishment shall 

transmit any such report to the appropriate committees or subcommittees of Congress within seven calendar days, together with 

a report by the head of the establishment containing any comments 

such head deems appropriate. 

(e)(1) Nothing in this section shall be construed to authorize the 

public disclosure of information which is—— 

(A) specifically prohibited from disclosure by any other provision of law; 

(B) specifically required by Executive order to be protected 

from disclosure in the interest of national defense or national 

security or in the conduct of foreign affairs; or 

(C) a part of an ongoing criminal investigation. 

(2) Notwithstanding paragraph (1)(C), any report under this section may be disclosed to the public in a form which includes information with respect to a part of an ongoing criminal investigation 

if such information has been included in a public record. 

(3) Except to the extent and in the manner provided under section 6103(f) of the Internal Revenue Code of 1986, nothing in this 


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section or in any other provision of this Act shall be construed to 

authorize or permit the withholding of information from the Congress, or from any committee or subcommittee thereof. 

(f) As used in this section—— 

(1) the term ‘‘questioned cost’’ means a cost that is questioned by the Office because of—— 

(A) an alleged violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other 

agreement or document governing the expenditure of 

funds; 

(B) a finding that, at the time of the audit, such cost is 

not supported by adequate documentation; or 

(C) a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable; 

(2) the term ‘‘unsupported cost’’ means a cost that is questioned by the Office because the Office found that, at the time 

of the audit, such cost is not supported by adequate documentation; 

(3) the term ‘‘disallowed cost’’ means a questioned cost that 

management, in a management decision, has sustained or 

agreed should not be charged to the Government; 

(4) the term ‘‘recommendation that funds be put to better 

use’’ means a recommendation by the Office that funds could 

be used more efficiently if management of an establishment 

took actions to implement and complete the recommendation, 

including—— 

(A) reductions in outlays; 

(B) deobligation of funds from programs or operations; 

(C) withdrawal of interest subsidy costs on loans or loan 

guarantees, insurance, or bonds; 

(D) costs not incurred by implementing recommended 

improvements related to the operations of the establishment, a contractor or grantee; 

(E) avoidance of unnecessary expenditures noted in 

preaward reviews of contract or grant agreements; or 

(F) any other savings which are specifically identified; 

(5) the term ‘‘management decision’’ means the evaluation by 

the management of an establishment of the findings and recommendations included in an audit report and the issuance of 

a final decision by management concerning its response to such 

findings and recommendations, including actions concluded to 

be necessary; and 

(6) the term ‘‘final action’’ means— 

(A) the completion of all actions that the management of 

an establishment has concluded, in its management decision, are necessary with respect to the findings and recommendations included in an audit report; and 

(B) in the event that the management of an establishment concludes no action is necessary, final action occurs 

when a management decision has been made. 

AUTHORITY; ADMINISTRATION PROVISIONS

SEC. 6. (a) In addition to the authority otherwise provided by this 

Act, each Inspector General, in carrying out the provisions of this 

Act, is authorized—— 


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(1) to have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available 

to the applicable establishment which relate to programs and 

operations with respect to which that Inspector General has responsibilities under this Act; 

(2) to make such investigations and reports relating to the 

administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector General, necessary or desirable; 

(3) to request such information or assistance as may be necessary for carrying out the duties and responsibilities provided 

by this Act from any Federal, State, or local governmental 

agency or unit thereof; 

(4) to require by subpoena the production of all information, 

documents, reports, answers, records, accounts, papers, and 

other data in any medium (including electronically stored øinformation, as well as any tangible thing)¿ information), as well 

as any tangible thing and documentary evidence necessary in 

the performance of the functions assigned by this Act, which 

øsubpena¿ subpoena, in the case of contumacy or refusal to 

obey, shall be enforceable by order of any appropriate United 

States district court: Provided, That procedures other than 

øsubpenas¿ subpoenas shall be used by the Inspector General 

to obtain documents and information from Federal agencies; 

(5) to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of 

the functions assigned by this Act, which oath, affirmation, or 

affidavit when administered or taken by or before an employee 

of an Office of Inspector General designated by the Inspector 

General shall have the same force and effect as if administered 

or taken by or before an officer having a seal; 

(6) to have direct and prompt access to the head of the establishment involved when necessary for any purpose pertaining 

to the performance of functions and responsibilities under this 

Act; 

(7) to select, appoint, and employ such officers and employees 

as may be necessary for carrying out the functions, powers, 

and duties of the Office 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; 

(8) to obtain services as authorized by section 3109 of title 

5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–18 of the General Schedule 

by section 5332 of title 5, United States Codeø; and¿; 

(9) notwithstanding paragraph (12) of subsection (e) and subsections (o), (p), (q), (r), and (u) of section 552a of title 5, United 

States Code—— 

(A) to compare, through a matching program (as defined 

in such section), any Federal records with other Federal or 

non-Federal records, while conducting an audit, investigation, inspection, evaluation, or other review authorized 

under this Act to identify weaknesses that may lead to 


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waste, fraud, or abuse and to detect improper payments 

and fraud; and 

(B) to take action to protect any information collected 

pursuant to subparagraph (A); and 

ø(9)¿ (10) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts 

and other arrangements for audits, studies, analyses, and 

other services with public agencies and with private persons, 

and to make such payments as may be necessary to carry out 

the provisions of this Act. 

(b)(1) Upon request of an Inspector General for information or assistance under subsection (a)(3), the head of any Federal agency involved shall, insofar as is practicable and not in contravention of 

any existing statutory restriction or regulation of the Federal agency from which the information is requested, furnish to such Inspector General, or to an authorized designee, such information or assistance. 

(2) Whenever information or assistance requested under subsection (a)(1) or (a)(3) is, in the judgment of an Inspector General, 

unreasonably refused or not provided, the Inspector General shall 

report the circumstances to the head of the establishment involved 

without delay. 

(c) Each head of an establishment shall provide the Office within 

such establishment with appropriate and adequate office space at 

central and field office locations of such establishment, together 

with such equipment, office supplies, and communications facilities 

and services as may be necessary for the operation of such offices, 

and shall provide necessary maintenance services for such offices 

and the equipment and facilities located therein. 

(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,’’. 

(e)(1) In addition to the authority otherwise provided by this Act, 

each Inspector General, any Assistant Inspector General for Investigations under such an Inspector General, and any special agent 

supervised by such an Assistant Inspector General may be authorized by the Attorney General to—— 


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(A) carry a firearm while engaged in official duties as authorized under this Act or other statute, or as expressly authorized by the Attorney General; 

(B) make an arrest without a warrant while engaged in official duties as authorized under this Act or other statute, or as 

expressly authorized by the Attorney General, for any offense 

against the United States committed in the presence of such 

Inspector General, Assistant Inspector General, or agent, or for 

any felony cognizable under the laws of the United States if 

such Inspector General, Assistant Inspector General, or agent 

has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and 

(C) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the 

United States upon probable cause to believe that a violation 

has been committed. 

(2) The Attorney General may authorize exercise of the powers 

under this subsection only upon an initial determination that— 

(A) the affected Office of Inspector General is significantly 

hampered in the performance of responsibilities established by 

this Act as a result of the lack of such powers; 

(B) available assistance from other law enforcement agencies 

is insufficient to meet the need for such powers; and 

(C) adequate internal safeguards and management procedures exist to ensure proper exercise of such powers. 

(3) The Inspector General offices of the Department of Commerce, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, 

Department of State, Department of Transportation, Department of 

the Treasury, Department of Veterans Affairs, Agency for International Development, Environmental Protection Agency, Federal 

Deposit Insurance Corporation, Federal Emergency Management 

Agency, General Services Administration, National Aeronautics 

and Space Administration, Nuclear Regulatory Commission, Office 

of Personnel Management, Railroad Retirement Board, Small Business Administration, Social Security Administration, and the Tennessee Valley Authority are exempt from the requirement of paragraph (2) of an initial determination of eligibility by the Attorney 

General. 

(4) The Attorney General shall promulgate, and revise as appropriate, guidelines which shall govern the exercise of the law enforcement powers established under paragraph (1). 

(5)(A) Powers authorized for an Office of Inspector General under 

paragraph (1) may be rescinded or suspended upon a determination 

by the Attorney General that any of the requirements under paragraph (2) is no longer satisfied or that the exercise of authorized 

powers by that Office of Inspector General has not complied with 

the guidelines promulgated by the Attorney General under paragraph (4). 

(B) Powers authorized to be exercised by any individual under 

paragraph (1) may be rescinded or suspended with respect to that 

individual upon a determination by the Attorney General that such 


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individual has not complied with guidelines promulgated by the Attorney General under paragraph (4). 

(6) A determination by the Attorney General under paragraph (2) 

or (5) shall not be reviewable in or by any court. 

(7) To ensure the proper exercise of the law enforcement powers 

authorized by this subsection, the Offices of Inspector General described under paragraph (3) shall, not later than 180 days after the 

date of enactment of this subsection, collectively enter into a 

memorandum of understanding to establish an external review 

process for ensuring that adequate internal safeguards and management procedures continue to exist within each Office and within 

any Office that later receives an authorization under paragraph (2). 

The review process shall be established in consultation with the Attorney General, who shall be provided with a copy of the memorandum of understanding that establishes the review process. 

Under the review process, the exercise of the law enforcement powers by each Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of 

Inspectors General. The results of each review shall be communicated in writing to the applicable Inspector General and to the 

Attorney General. 

(8) No provision of this subsection shall limit the exercise of law 

enforcement powers established under any other statutory authority, including United States Marshals Service special deputation. 

(9) In this subsection, the term ‘‘Inspector General’’ means an Inspector General appointed under section 3 or an Inspector General 

appointed under section 8G. 

(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; 


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(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. 6A. ADDITIONAL AUTHORITY. 

(a) TESTIMONIAL SUBPOENA AUTHORITY.—In addition to the authority otherwise provided by this Act and in accordance with the 

requirements of this section, each Inspector General (and each Special Inspector General not established under this Act), in carrying 

out the provisions of this Act (or in the case of a Special Inspector 

General, the provisions of the authorizing statute), is authorized to 

require by subpoena the attendance and testimony of certain witnesses, including a contractor with the Federal Government or a 

designated Federal entity and any former Federal employee or employee of a designated Federal entity (but not including any Federal 

employee), necessary in the performance of the functions assigned by 

this Act, which subpoena, in the case of contumacy or refusal to 

obey, shall be enforceable by order of any appropriate United States 

district court. 

(b) NONDELEGATION.—The authority to issue a subpoena under 

subsection (a) may not be delegated. 

(c) LIMITATION.—The authority to issue a subpoena under subsection (a) is limited to an investigation of fraud or waste in excess 

of $100,000 unless there is reasonable cause to believe a crime has 

been committed. 

(d) PANEL REVIEW BEFORE ISSUANCE.— (1) APPROVAL REQUIRED.— (A) REQUEST FOR APPROVAL BY SUBPOENA PANEL.—Before 

the issuance of a subpoena described in subsection (a), an 

Inspector General shall submit a request for approval to 

issue a subpoena to a panel (in this section, referred to as 

the ‘‘Subpoena Panel’’), which shall be comprised of three 

Inspectors General of the Council of the Inspectors General 

on Integrity and Efficiency, who shall be designated by the 

Inspector General serving as Chairperson of the Council. 

(B) REASONABLE CAUSE.—Any request submitted by an 

Inspector General under subparagraph (A) shall demonstrate reasonable cause that each witness requested by 

the subpoena possesses information pertinent and necessary 

to the investigation. 

(C) PROTECTION FROM DISCLOSURE.—The information 

contained in the request submitted by an Inspector General 

under subparagraph (A) and the identification of a witness 

shall be protected from disclosure to the extent practicable. 

(2) TIME TO RESPOND.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Subpoena Panel shall approve or deny a request for 

approval to issue a subpoena not later than 10 days after 

the submission of such request. 


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(B) ADDITIONAL INFORMATION FOR PANEL.—If the Subpoena Panel determines that additional information is necessary to approve or deny such request, the Subpoena Panel 

shall request such information and shall approve or deny 

such request not later than 20 days after the submission of 

such request. 

(3) DENIAL BY PANEL.—If a majority of the Subpoena Panel 

denies the approval of a subpoena, that subpoena may not be 

issued. 

(e) NOTICE TO ATTORNEY GENERAL.— (1) IN GENERAL.—If the Subpoena Panel approves a subpoena 

under subsection (d), the Inspector General shall notify the Attorney General that the Inspector General intends to issue the 

subpoena. 

(2) DENIAL FOR INTERFERENCE WITH AN ONGOING INVESTIGATION.—The Attorney General shall approve or deny the issuance 

of a subpoena. If the Attorney General denies the issuance of the 

subpoena, the subpoena may not be issued. The Attorney General shall make every effort to issue an approval or denial 

under this paragraph within 30 days after notification by the 

Inspector General under paragraph (1). 

(3) ISSUANCE OF SUBPOENA.—An Inspector General may not 

issue a subpoena under this section unless the Attorney General 

approves the issuance of the subpoena. 

(f) REGULATIONS.—The Chairperson of the Council of the Inspectors General on Integrity and Efficiency, in consultation with the 

Attorney General, shall prescribe regulations to carry out the purposes of this section. 

* * * * * * * 

SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF THE

TREASURY

SEC. 8D. (a)(1) Notwithstanding the last two sentences of section 

3(a), the Inspector General of the Department of the Treasury shall 

be under the authority, direction, and control of the Secretary of 

the Treasury with respect to audits or investigations, or the 

issuance of øsubpenas¿ subpoenas, which require access to sensitive information concerning—— 

(A) ongoing criminal investigations or proceedings; 

(B) undercover operations; 

(C) the identity of confidential sources, including protected 

witnesses; 

(D) deliberations and decisions on policy matters, including 

documented information used as a basis for making policy decisions, the disclosure of which could reasonably be expected to 

have a significant influence on the economy or market behavior; 

(E) intelligence or counterintelligence matters; or 

(F) other matters the disclosure of which would constitute a 

serious threat to national security or to the protection of any 

person or property authorized protection by section 3056 of 

title 18, United States Code, section 3056A of title 18, United 

States Code, or any provision of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note; Public Law 94–524). 


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(2) With respect to the information described under paragraph 

(1), the Secretary of the Treasury may prohibit the Inspector General of the Department of the Treasury from carrying out or completing any audit or investigation, or from issuing any øsubpena¿ 

subpoena, after such Inspector General has decided to initiate, 

carry out, or complete such audit or investigation or to issue such 

øsubpena¿ subpoena, if the Secretary determines that such prohibition is necessary to prevent the disclosure of any information described under paragraph (1) or to prevent significant impairment 

to the national interests of the United States. 

(3) If the Secretary of the Treasury exercises any power under 

paragraph (1) or (2), the Secretary of the Treasury shall notify the 

Inspector General of the Department of the Treasury in writing 

stating the reasons for such exercise. Within 30 days after receipt 

of any such notice, the Inspector General of the Department of the 

Treasury shall transmit a copy of such notice to the Committees on 

Governmental Affairs and Finance of the Senate and the Committees on Government Operations and Ways and Means of the House 

of Representatives, and to other appropriate committees or subcommittees of the Congress. 

(4) The Secretary of the Treasury may not exercise any 

power under paragraph (1) or (2) with respect to the Treasury 

Inspector General for Tax Administration. 

(b)(1) In carrying out the duties and responsibilities specified in 

this Act, the Inspector General of the Department of the Treasury 

shall have oversight responsibility for the internal investigations 

performed by the Office of Internal Affairs of the Tax and Trade 

Bureau. The head of such office shall promptly report to the Inspector General the significant activities being carried out by such 

office. 

(2) The Inspector General of the Department of the Treasury 

shall exercise all duties and responsibilities of an Inspector 

General for the Department of the Treasury other than the duties and responsibilities exercised by the Treasury Inspector 

General for Tax Administration. 

(3) The Secretary of the Treasury shall establish procedures 

under which the Inspector General of the Department of the 

Treasury and the Treasury Inspector General for Tax Administration will—— 

(A) determine how audits and investigations are allocated in cases of overlapping jurisdiction; and 

(B) provide for coordination, cooperation, and efficiency 

in the conduct of such audits and investigations. 

(c) Notwithstanding subsection (b), the Inspector General of the 

Department of the Treasury may initiate, conduct and supervise 

such audits and investigations in the Department of the Treasury 

(including the bureau referred to in subsection (b)) as the Inspector 

General of the Department of the Treasury considers appropriate. 

(d) If the Inspector General of the Department of the Treasury 

initiates an audit or investigation under subsection (c) concerning 

the bureau referred to in subsection (b), the Inspector General of 

the Department of the Treasury may provide the head of the office 

of such bureau referred to in subsection (b) with written notice that 

the Inspector General of the Department of the Treasury has initiated such an audit or investigation. If the Inspector General of the 


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Department of the Treasury issues a notice under the preceding 

sentence, no other audit or investigation shall be initiated into the 

matter under audit or investigation by the Inspector General of the 

Department of the Treasury and any other audit or investigation 

of such matter shall cease. 

(e)(1) The Treasury Inspector General for Tax Administration 

shall have access to returns and return information, as defined in 

section 6103(b) of the Internal Revenue Code of 1986, only in accordance with the provisions of section 6103 of such Code and this 

Act. 

(2) The Internal Revenue Service shall maintain the same 

system of standardized records or accountings of all requests 

from the Treasury Inspector General for Tax Administration 

for inspection or disclosure of returns and return information 

(including the reasons for and dates of such requests), and of 

returns and return information inspected or disclosed pursuant 

to such requests, as described under section 6103(p)(3)(A) of 

the Internal Revenue Code of 1986. Such system of standardized records or accountings shall also be available for examination in the same manner as provided under section 6103(p)(3) 

of the Internal Revenue Code of 1986. 

(3) The Treasury Inspector General for Tax Administration 

shall be subject to the same safeguards and conditions for receiving returns and return information as are described under 

section 6103(p)(4) of the Internal Revenue Code of 1986. 

(f) An audit or investigation conducted by the Inspector General 

of the Department of the Treasury or the Treasury Inspector General for Tax Administration shall not affect a final decision of the 

Secretary of the Treasury or his delegate under section 6406 of the 

Internal Revenue Code of 1986. 

(g)(1) Any report required to be transmitted by the Secretary of 

the Treasury to the appropriate committees or subcommittees of 

the Congress under section 5(d) shall also be transmitted, within 

the seven-day period specified under such section, to the Committees on Governmental Affairs and Finance of the Senate and the 

Committees on Government Reform and Oversight and Ways and 

Means of the House of Representatives. 

(2) Any report made by the Treasury Inspector General for Tax 

Administration that is required to be transmitted by the Secretary 

of the Treasury to the appropriate committees or subcommittees of 

Congress under section 5(d) shall also be transmitted, within the 

7-day period specified under such subsection, to the Internal Revenue Service Oversight Board and the Commissioner of Internal 

Revenue. 

(h) The Treasury Inspector General for Tax Administration shall 

exercise all duties and responsibilities of an Inspector General of 

an establishment with respect to the Department of the Treasury 

and the Secretary of the Treasury on all matters relating to the Internal Revenue Service. The Treasury Inspector General for Tax 

Administration shall have sole authority under this Act to conduct 

an audit or investigation of the Internal Revenue Service Oversight 

Board and the Chief Counsel for the Internal Revenue Service. 

(i) In addition to the requirements of the first sentence of section 

3(a), the Treasury Inspector General for Tax Administration should 


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have demonstrated ability to lead a large and complex organization. 

(j) An individual appointed to the position of Treasury Inspector 

General for Tax Administration, the Assistant Inspector General 

for Auditing of the Office of the Treasury Inspector General for Tax 

Administration under section 3(d)(1)(A), the Assistant Inspector 

General for Investigations of the Office of the Treasury Inspector 

General for Tax Administration under section 3(d)(1)(B), or any position of Deputy Inspector General of the Office of the Treasury Inspector General for Tax Administration may not be an employee of 

the Internal Revenue Service—— 

(1) during the 2-year period preceding the date of appointment to such position; or 

(2) during the 5-year period following the date such individual ends service in such position. 

(k)(1) In addition to the duties and responsibilities exercised by 

an inspector general of an establishment, the Treasury Inspector 

General for Tax Administration— 

(A) shall have the duty to enforce criminal provisions under 

section 7608(b) of the Internal Revenue Code of 1986; 

(B) in addition to the functions authorized under section 

7608(b)(2) of such Code, may carry firearms; 

(C) shall be responsible for protecting the Internal Revenue 

Service against external attempts to corrupt or threaten employees of the Internal Revenue Service, but shall not be responsible for the conducting of background checks and the providing of protection to the Commissioner of Internal Revenue; 

and 

(D) may designate any employee in the Office of the Treasury Inspector General for Tax Administration to enforce such 

laws and perform such functions referred to under subparagraphs (A), (B), and (C). 

(2)(A) In performing a law enforcement function under paragraph 

(1), the Treasury Inspector General for Tax Administration shall 

report any reasonable grounds to believe there has been a violation 

of Federal criminal law to the Attorney General at an appropriate 

time as determined by the Treasury Inspector General for Tax Administration, notwithstanding section 4(d). 

(B) In the administration of section 5(d) and subsection (g)(2) of 

this section, the Secretary of the Treasury may transmit the required report with respect to the Treasury Inspector General for 

Tax Administration at an appropriate time as determined by the 

Secretary, if the problem, abuse, or deficiency relates to— 

(i) the performance of a law enforcement function under 

paragraph (1); and 

(ii) sensitive information concerning matters under subsection (a)(1)(A) through (F). 

(3) Nothing in this subsection shall be construed to affect the authority of any other person to carry out or enforce any provision 

specified in paragraph (1). 

(l)(1) The Commissioner of Internal Revenue or the Internal Revenue Service Oversight Board may request, in writing, the Treasury Inspector General for Tax Administration to conduct an audit 

or investigation relating to the Internal Revenue Service. If the 

Treasury Inspector General for Tax Administration determines not 


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to conduct such audit or investigation, the Inspector General shall 

timely provide a written explanation for such determination to the 

person making the request. 

(2)(A) Any final report of an audit conducted by the Treasury Inspector General for Tax Administration shall be timely submitted 

by the Inspector General to the Commissioner of Internal Revenue 

and the Internal Revenue Service Oversight Board. 

(B) The Treasury Inspector General for Tax Administration shall 

periodically submit to the Commissioner and Board a list of investigations for which a final report has been completed by the Inspector General and shall provide a copy of any such report upon request of the Commissioner or Board. 

(C) This paragraph applies regardless of whether the applicable 

audit or investigation is requested under paragraph (1). 

SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF JUSTICE

SEC. 8E. (a)(1) Notwithstanding the last two sentences of section 

3(a), the Inspector General shall be under the authority, direction, 

and control of the Attorney General with respect to audits or investigations, or the issuance of øsubpenas¿ subpoenas, which require 

access to sensitive information concerning—— 

(A) ongoing civil or criminal investigations or proceedings; 

(B) undercover operations; 

(C) the identity of confidential sources, including protected 

witnesses; 

(D) intelligence or counterintelligence matters; or 

(E) other matters the disclosure of which would constitute a 

serious threat to national security. 

(2) With respect to the information described under paragraph 

(1), the Attorney General may prohibit the Inspector General from 

carrying out or completing any audit or investigation, or from 

issuing any øsubpena¿ subpoena, after such Inspector General has 

decided to initiate, carry out, or complete such audit or investigation or to issue such øsubpena¿ subpoena, if the Attorney General 

determines that such prohibition is necessary to prevent the disclosure of any information described under paragraph (1) or to prevent the significant impairment to the national interests of the 

United States. 

(3) If the Attorney General exercises any power under paragraph 

(1) or (2), the Attorney General shall notify the Inspector General 

in writing stating the reasons for such exercise. Within 30 days 

after receipt of any such notice, the Inspector General shall transmit a copy of such notice to the Committees on Governmental Affairs and Judiciary of the Senate and the Committees on Government Operations and Judiciary of the House of Representatives, 

and to other appropriate committees or subcommittees of the Congress. 

(b) In carrying out the duties and responsibilities specified in this 

Act, the Inspector General of the Department of Justice—— 

(1) may initiate, conduct and supervise such audits and investigations in the Department of Justice as the Inspector General considers appropriate; 

(2) except as specified in subsection (a) and paragraph (3), 

may investigate allegations of criminal wrongdoing or administrative misconduct by an employee of the Department of JusVerDate Sep 11 2014 23:51 Jul 17, 2015 Jkt 049006 PO 00000 Frm 00024 Fmt 6659 Sfmt 6601 E:\HR\OC\HR210.XXX HR210

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tice, or may, in the discretion of the Inspector General, refer 

such allegations to the Office of Professional Responsibility or 

the internal affairs office of the appropriate component of the 

Department of Justice; 

(3) shall refer to the Counsel, Office of Professional Responsibility of the Department of Justice, allegations of misconduct 

involving Department attorneys, investigators, or law enforcement personnel, where the allegations relate to the exercise of 

the authority of an attorney to investigate, litigate, or provide 

legal advice, except that no such referral shall be made if the 

attorney is employed in the Office of Professional Responsibility; 

(4) may investigate allegations of criminal wrongdoing or administrative misconduct by a person who is the head of any 

agency or component of the Department of Justice; and 

(5) shall forward the results of any investigation conducted 

under paragraph (4), along with any appropriate recommendation for disciplinary action, to the Attorney General. 

(c) Any report required to be transmitted by the Attorney General to the appropriate committees or subcommittees of the Congress under section 5(d) shall also be transmitted, within the 

seven-day period specified under such section, to the Committees 

on the Judiciary and Governmental Affairs of the Senate and the 

Committees on the Judiciary and Government Operations of the 

House of Representatives. 

(d) The Attorney General shall ensure by regulation that any 

component of the Department of Justice receiving a nonfrivolous allegation of criminal wrongdoing or administrative misconduct by an 

employee of the Department of Justice, except with respect to allegations described in subsection (b)(3), shall report that information 

to the Inspector General. 

* * * * * * * 

REQUIREMENTS FOR FEDERAL ENTITIES AND DESIGNATED FEDERAL

ENTITIES

SEC. 8G. (a) Notwithstanding section 12 of this Act, as used in 

this section—— 

(1) the term ‘‘Federal entity’’ means any Government corporation (within the meaning of section 103(1) of title 5, United 

States Code), any Government controlled corporation (within 

the meaning of section 103(2) of such title), or any other entity 

in the Executive branch of the Government, or any independent regulatory agency, but does not include—— 

(A) an establishment (as defined under section 12(2) of 

this Act) or part of an establishment; 

(B) a designated Federal entity (as defined under paragraph (2) of this subsection) or part of a designated Federal entity; 

(C) the Executive Office of the President; 

(D) the Central Intelligence Agency; 

(E) the General Accounting Office; or 

(F) any entity in the judicial or legislative branches of 

the Government, including the Administrative Office of the 

United States Courts and the Architect of the Capitol and 


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any activities under the direction of the Architect of the 

Capitol; 

(2) the term ‘‘designated Federal entity’’ means Amtrak, the 

Appalachian Regional Commission, the Board of Governors of 

the Federal Reserve System and the Bureau of Consumer Financial Protection, the Board for International Broadcasting, 

the Commodity Futures Trading Commission, the Consumer 

Product Safety Commission, the Corporation for Public Broadcasting, the Defense Intelligence Agency, the Equal Employment Opportunity Commission, the Farm Credit Administration, the Federal Communications Commission, the Federal 

Deposit Insurance Corporation, the Federal Election Commission, the Election Assistance Commission, the Federal Housing 

Finance Board, the Federal Labor Relations Authority, the 

Federal Maritime Commission, the Federal Trade Commission, 

the Legal Services Corporation, the National Archives and 

Records Administration, the National Credit Union Administration, the National Endowment for the Arts, the National 

Endowment for the Humanities, the National Geospatial-Intelligence Agency, the National Labor Relations Board, the National Science Foundation, the Panama Canal Commission, the 

Peace Corps, the Pension Benefit Guaranty Corporation, the 

Securities and Exchange Commission, the Smithsonian Institution, the United States International Trade Commission, the 

Postal Regulatory Commission, and the United States Postal 

Service; 

(3) the term ‘‘head of the Federal entity’’ means any person 

or persons designated by statute as the head of a Federal entity, and if no such designation exists, the chief policymaking officer or board of a Federal entity as identified in the list published pursuant to subsection (h)(1) of this section; 

(4) the term ‘‘head of the designated Federal entity’’ means 

the board or commission of the designated Federal entity, or in 

the event the designated Federal entity does not have a board 

or commission, any person or persons designated by statute as 

the head of a designated Federal entity and if no such designation exists, the chief policymaking officer or board of a designated Federal entity as identified in the list published pursuant to subsection (h)(1) of this section, except that—— 

(A) with respect to the National Science Foundation, 

such term means the National Science Board; 

(B) with respect to the United States Postal Service, 

such term means the Governors (within the meaning of 

section 102(3) of title 39, United States Code); 

(C) with respect to the Federal Labor Relations Authority, such term means the members of the Authority (described under section 7104 of title 5, United States Code); 

(D) with respect to the National Archives and Records 

Administration, such term means the Archivist of the 

United States; 

(E) with respect to the National Credit Union Administration, such term means the National Credit Union Administration Board (described under section 102 of the 

Federal Credit Union Act (12 U.S.C. 1752a); 


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(F) with respect to the National Endowment of the Arts, 

such term means the National Council on the Arts; 

(G) with respect to the National Endowment for the Humanities, such term means the National Council on the 

Humanities; and 

(H) with respect to the Peace Corps, such term means 

the Director of the Peace Corps; 

(5) the term ‘‘Office of Inspector General’’ means an Office of 

Inspector General of a designated Federal entity; and 

(6) the term ‘‘Inspector General’’ means an Inspector General 

of a designated Federal entity. 

(b) No later than 180 days after the date of the enactment of this 

section, there shall be established and maintained in each designated Federal entity an Office of Inspector General. The head of 

the designated Federal entity shall transfer to such office the offices, units, or other components, and the functions, powers, or duties thereof, that such head determines are properly related to the 

functions of the Office of Inspector General and would, if so transferred, further the purposes of this section. There shall not be 

transferred to such office any program operating responsibilities. 

(c) Except as provided under subsection (f) of this section, the Inspector General shall be appointed by the head of the designated 

Federal entity in accordance with the applicable laws and regulations governing appointments within the designated Federal entity. 

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. For purposes of implementing this section, the Chairman of the Board of 

Governors of the Federal Reserve System shall appoint the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall have 

all of the authorities and responsibilities provided by this Act with 

respect to the Bureau of Consumer Financial Protection, as if the 

Bureau were part of the Board of Governors of the Federal Reserve 

System. 

(d)(1) Each Inspector General shall report to and be under the 

general supervision of the head of the designated Federal entity, 

but shall not report to, or be subject to supervision by, any other 

officer or employee of such designated Federal entity. Except as 

provided in paragraph (2), the head of the designated Federal entity shall not prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or 

from issuing any øsubpena¿ subpoena during the course of any 

audit or investigation. 

(2)(A) The Secretary of Defense, in consultation with the Director 

of National Intelligence, may prohibit the inspector general of an 

element of the intelligence community specified in subparagraph 

(D) from initiating, carrying out, or completing any audit or investigation if the Secretary determines that the prohibition is necessary to protect vital national security interests of the United 

States. 


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(B) If the Secretary exercises the authority under subparagraph 

(A), the Secretary shall submit to the committees of Congress specified in subparagraph (E) an appropriately classified statement of 

the reasons for the exercise of such authority not later than 7 days 

after the exercise of such authority. 

(C) At the same time the Secretary submits under subparagraph 

(B) a statement on the exercise of the authority in subparagraph 

(A) to the committees of Congress specified in subparagraph (E), 

the Secretary shall notify the inspector general of such element of 

the submittal of such statement and, to the extent consistent with 

the protection of intelligence sources and methods, provide such inspector general with a copy of such statement. Such inspector general may submit to such committees of Congress any comments on 

a notice or statement received by the inspector general under this 

subparagraph that the inspector general considers appropriate. 

(D) The elements of the intelligence community specified in this 

subparagraph are as follows: 

(i) The Defense Intelligence Agency. 

(ii) The National Geospatial-Intelligence Agency. 

(iii) The National Reconnaissance Office. 

(iv) The National Security Agency. 

(E) The committees of Congress specified in this subparagraph 

are—— 

(i) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and 

(ii) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. 

(e)(1) In the case of a designated Federal entity for which a board 

or commission is the head of the designated Federal entity, a removal under this subsection may only be made upon the written 

concurrence of a 2⁄3 majority of the board or commission.’’. 

(2) If an Inspector General is removed from office or is transferred to another position or location within a designated Federal 

entity, the head of the designated Federal entity 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. 

(f)(1) For purposes of carrying out subsection (c) with respect to 

the United States Postal Service, the appointment provisions of 

section 202(e) of title 39, United States Code, shall be applied. 

(2) In carrying out the duties and responsibilities specified in this 

Act, the Inspector General of the United States Postal Service 

(hereinafter in this subsection referred to as the ‘‘Inspector General’’) shall have oversight responsibility for all activities of the 

Postal Inspection Service, including any internal investigation performed by the Postal Inspection Service. The Chief Postal Inspector 

shall promptly report the significant activities being carried out by 

the Postal Inspection Service to such Inspector General. 

(3)(A)(i) Notwithstanding subsection (d), the Inspector General 

shall be under the authority, direction, and control of the Governors with respect to audits or investigations, or the issuance of 

subpoenas, which require access to sensitive information concerning—— 

(I) ongoing civil or criminal investigations or proceedings; 


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(II) undercover operations; 

(III) the identity of confidential sources, including protected 

witnesses; 

(IV) intelligence or counterintelligence matters; or 

(V) other matters the disclosure of which would constitute a 

serious threat to national security. 

(ii) With respect to the information described under clause (i), 

the Governors may prohibit the Inspector General from carrying 

out or completing any audit or investigation, or from issuing any 

subpoena, after such Inspector General has decided to initiate, 

carry out, or complete such audit or investigation or to issue such 

subpoena, if the Governors determine that such prohibition is necessary to prevent the disclosure of any information described under 

clause (i) or to prevent the significant impairment to the national 

interests of the United States. 

(iii) If the Governors exercise any power under clause (i) or (ii), 

the Governors shall notify the Inspector General in writing stating 

the reasons for such exercise. Within 30 days after receipt of any 

such notice, the Inspector General shall transmit a copy of such notice to the Committee on Governmental Affairs of the Senate and 

the Committee on Government Reform and Oversight of the House 

of Representatives, and to other appropriate committees or subcommittees of the Congress. 

(B) In carrying out the duties and responsibilities specified in 

this Act, the Inspector General—— 

(i) may initiate, conduct and supervise such audits and investigations in the United States Postal Service as the Inspector General considers appropriate; and 

(ii) shall give particular regard to the activities of the Postal 

Inspection Service with a view toward avoiding duplication and 

insuring effective coordination and cooperation. 

(C) Any report required to be transmitted by the Governors to 

the appropriate committees or subcommittees of the Congress 

under section 5(d) shall also be transmitted, within the seven-day 

period specified under such section, to the Committee on Governmental Affairs of the Senate and the Committee on Government 

Reform and Oversight of the House of Representatives. 

(4) Nothing in this Act shall restrict, eliminate, or otherwise adversely affect any of the rights, privileges, or benefits of either employees of the United States Postal Service, or labor organizations 

representing employees of the United States Postal Service, under 

chapter 12 of title 39, United States Code, the National Labor Relations Act, any handbook or manual affecting employee labor relations with the United States Postal Service, or any collective bargaining agreement. 

(5) As used in this subsection, the term ‘‘Governors’’ has the 

meaning given such term by section 102(3) of title 39, United 

States Code. 

(6) There are authorized to be appropriated, out of the Postal 

Service Fund, such sums as may be necessary for the Office of 

Inspector General of the United States Postal Service. 

(g)(1) Sections 4, 5, 6 (other than subsections (a)(7) and (a)(8) 

thereof), and 7 of this Act shall apply to each Inspector General 

and Office of Inspector General of a designated Federal entity and 

such sections shall be applied to each designated Federal entity 


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and head of the designated Federal entity (as defined under subsection (a)) by substituting—— 

(A) ‘‘designated Federal entity’’ for ‘‘establishment’’; and 

(B) ‘‘head of the designated Federal entity’’ for ‘‘head of the 

establishment’’. 

(2) In addition to the other authorities specified in this Act, an 

Inspector General is authorized to select, appoint, and employ such 

officers and employees as may be necessary for carrying out the 

functions, powers, and duties of the Office of Inspector General and 

to obtain the temporary or intermittent services of experts or consultants or an organization thereof, subject to the applicable laws 

and regulations that govern such selections, appointments, and employment, and the obtaining of such services, within the designated 

Federal entity. 

(3) Notwithstanding the last sentence of subsection (d) of this 

section, the provisions of subsection (a) of section ø8C¿ 8D (other 

than the provisions of subparagraphs (A), (B), (C), and (E) of subsection (a)(1)) shall apply to the Inspector General of the Board of 

Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection and the Chairman of the Board of Governors of the Federal Reserve System in the same manner as such 

provisions apply to the Inspector General of the Department of the 

Treasury and the Secretary of the Treasury, respectively. 

(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. 

(h)(1) No later than April 30, 1989, and annually thereafter, the 

Director of the Office of Management and Budget, after consultation with the Comptroller General of the United States, shall publish in the Federal Register a list of the Federal entities and designated Federal entities and if the designated Federal entity is not 

a board or commission, include the head of each such entity (as defined under subsection (a) of this section). 

(2) Beginning on October 31, 1989, and on October 31 of each 

succeeding calendar year, the head of each Federal entity (as defined under subsection (a) of this section) shall prepare and transmit to the Director of the Office of Management and Budget and 

to each House of the Congress a report which—— 

(A) states whether there has been established in the Federal 

entity an office that meets the requirements of this section; 

(B) specifies the actions taken by the Federal entity otherwise to ensure that audits are conducted of its programs and 

operations in accordance with the standards for audit of governmental organizations, programs, activities, and functions 

issued by the Comptroller General of the United States, and 

includes a list of each audit report completed by a Federal or 

non-Federal auditor during the reporting period and a summary of any particularly significant findings; and 


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(C) summarizes any matters relating to the personnel, programs, and operations of the Federal entity referred to prosecutive authorities, including a summary description of any preliminary investigation conducted by or at the request of the 

Federal entity concerning these matters, and the prosecutions 

and convictions which have resulted. 

* * * * * * * 

SEC. 8M. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS 

GENERAL. 

(a) DIRECT LINKS TO INSPECTORS GENERAL OFFICES.— (1) IN GENERAL.—Each øagency¿ Federal agency and designated Federal entity shall establish and maintain on the 

homepage of the website of that øagency¿ Federal agency or 

designated Federal entity, a direct link to the website of the Office of the Inspector General of that øagency¿ Federal agency 

or designated Federal entity. (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 øagency¿ Federal agency and designated Federal entity 

shall— 

(A) not later than 3 days after any øreport or audit (or 

portion of any report or audit)¿ audit report, inspection report, or evaluation report (or portion of any such report) is 

made publicly available, post that øreport or audit (or portion of that report or audit)¿ report (or portion of that report) on the website of the Office of Inspector General; and 

(B) ensure that any posted øreport or audit (or portion 

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

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 øagency¿ Federal agency and designated Federal entity 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 øagency¿ Federal agency and designated Federal entity shall not 

disclose the identity of any individual making a report 

under this paragraph without the consent of the individual 


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unless the Inspector General determines that such a disclosure is unavoidable during the course of the investigation. 

* * * * * * * 

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 øDirector 

of National Intelligence¿ Intelligence Community 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 CHAIR- PERSON.— 

(A) EXECUTIVE CHAIRPERSON.—The Executive Chairperson shall—— 


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(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 

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ciently 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 appropriateø; and¿; 

(H) receive, review, and mediate any disputes submitted 

in writing to the Council by an Office of Inspector General 

regarding an audit, investigation, inspection, evaluation, or 

project that involves the jurisdiction of more than one Federal agency or entity; and 

ø(H)¿ (I) 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 


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(ii) upon the authorization of the Executive Chairperson, any ødepartment, agency, or entity of the executive branch¿ Federal agency or designated Federal 

entity 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 InspecVerDate Sep 11 2014 23:51 Jul 17, 2015 Jkt 049006 PO 00000 Frm 00035 Fmt 6659 Sfmt 6601 E:\HR\OC\HR210.XXX HR210

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tors 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 

or the designee of the Special Counsel. (D) The Director of the Office of Government Ethics or 

the designee of the Director. (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 

matterø; and¿; 

(C) refer to the Chairperson of the Integrity Committee 

any allegation of wrongdoing determined by the Integrity 


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Committee under subparagraph (A) to be potentially meritorious that cannot be referred to an agency under subparagraph (B)ø.¿; and 

(D) not later than 60 days after the date on which an allegation of wrongdoing is received by the Integrity Committee, make a determination whether the Integrity Committee will initiate an investigation of such allegation 

under this subsection. 

(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) ømay¿ shall 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 investigationø; 

and¿; 

(IV) providing the person who is the subject of 

an investigation with an opportunity to respond to 

any Integrity Committee reportø.¿; 

(V) creating a regular rotation of Inspectors General assigned to investigate complaints through the 

Integrity Committee; and 

(VI) creating procedures to avoid conflicts of interest for Integrity Committee investigations. 

(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) COMPLETION OF INVESTIGATION.—If a determination 

is made under paragraph (5) to initiate an investigation, 

the Integrity Committee—— 


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(i) shall complete the investigation not later than six 

months after the date on which the Integrity Committee 

made such determination; 

(ii) if the investigation cannot be completed within 

such six-month period, shall—— 

(I) promptly notify the congressional committees 

listed in paragraph (8)(A)(iii); and 

(II) to the maximum extent practicable, complete 

the investigation not later than 3 months after the 

expiration of the six-month period; and 

(iii) if the investigation cannot be completed within 

such nine-month period, shall brief the congressional 

committees listed in paragraph (8)(A)(iii) every thirty 

days until the investigation is complete. 

(D) CONCURRENT INVESTIGATION.—If an investigation of 

an allegation of wrongdoing against an Inspector General 

or a staff member of an Office of Inspector General described under paragraph (4)(C) is initiated by a governmental entity other than the Integrity Committee, the Integrity Committee may conduct any related investigation for 

which a determination to initiate an investigation was 

made under paragraph (5) concurrently with the other government entity. 

ø(C)¿ (E) 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 reVerDate Sep 11 2014 23:51 Jul 17, 2015 Jkt 049006 PO 00000 Frm 00038 Fmt 6659 Sfmt 6601 E:\HR\OC\HR210.XXX HR210

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port 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. 

(12) ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL.— 

(A) SPECIAL COUNSEL DEFINED.—In this paragraph, the 

term ‘‘Special Counsel’’ means the Special Counsel appointed under section 1211(b) of title 5, United States Code. 

(B) AUTHORITY OF INTEGRITY COMMITTEE.— (i) 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 


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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. 

(ii) COORDINATION WITH EXISTING PROVISIONS OF

LAW.—This paragraph 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. 

(C) REGULATIONS.—The Integrity Committee may prescribe any rules or regulations necessary to carry out this 

paragraph, subject to such consultation or other requirements as might otherwise apply. 

* * * * * * * 

TITLE 44, UNITED STATES CODE 

* * * * * * * 

CHAPTER 35—COORDINATION OF FEDERAL 

INFORMATION POLICY 

SUBCHAPTER I—FEDERAL INFORMATION POLICY 

* * * * * * * 

§ 3518. Effect on existing laws and regulations 

(a) Except as otherwise provided in this subchapter, the authority of an agency under any other law to prescribe policies, rules, 

regulations, and procedures for Federal information resources management activities is subject to the authority of the Director under 

this subchapter. 

(b) Nothing in this subchapter shall be deemed to affect or reduce 

the authority of the Secretary of Commerce or the Director of the 

Office of Management and Budget pursuant to Reorganization Plan 

No. 1 of 1977 (as amended) and Executive order, relating to telecommunications and information policy, procurement and management of telecommunications and information systems, spectrum 

use, and related matters. 

(c)(1) Except as provided in øparagraph (2)¿ paragraph (3), this 

subchapter shall not apply to the collection of information—— 

(A) during the conduct of a Federal criminal investigation or 

prosecution, or during the disposition of a particular criminal 

matter; 

(B) during the conduct of— 

(i) a civil action to which the United States or any official or agency thereof is a party; or 

(ii) an administrative action or investigation involving 

an agency against specific individuals or entities; 


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(C) by compulsory process pursuant to the Antitrust Civil 

Process Act and section 13 of the Federal Trade Commission 

Improvements Act of 1980; or 

(D) during the conduct of intelligence activities as defined in 

section 3.4(e) of Executive Order No. 12333, issued December 

4, 1981, or successor orders, or during the conduct of 

cryptologic activities that are communications security activities. 

(2) Notwithstanding paragraph (3), this subchapter shall not 

apply to the collection of information during the conduct of any 

evaluation, or other review conducted by the Recovery Accountability 

and Transparency Board, or during the conduct of any audit, investigation, inspection, evaluation, or any other review conducted by 

the Council of the Inspectors General on Integrity and Efficiency or 

any Office of Inspector General, including any Office of Special Inspector General. 

ø(2)¿ (3) This subchapter applies to the collection of information 

during the conduct of general investigations (other than information collected in an antitrust investigation to the extent provided 

in subparagraph (C) of paragraph (1)) undertaken with reference to 

a category of individuals or entities such as a class of licensees or 

an entire industry. 

(d) Nothing in this subchapter shall be interpreted as increasing 

or decreasing the authority conferred by sections 11331 and 11332 

of title 40 on the Secretary of Commerce or the Director of the Office of Management and Budget. 

(e) Nothing in this subchapter shall be interpreted as increasing 

or decreasing the authority of the President, the Office of Management and Budget or the Director thereof, under the laws of the 

United States, with respect to the substantive policies and programs of departments, agencies and offices, including the substantive authority of any Federal agency to enforce the civil rights 

laws. 

* * * * * * * 

INSPECTOR GENERAL REFORM ACT OF 2008 

* * * * * * * 

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 


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‘‘(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 CHAIR- PERSON.— 

‘‘(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; 


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‘‘(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; 


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‘‘(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 


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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.— 


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‘‘(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 

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dent’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). 


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‘‘(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.’’. 

ø(b) ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL

OR DEPUTY SPECIAL COUNSEL.— 

ø(1) DEFINITIONS.—In this section— 

ø(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 

ø(B) the term ‘‘Special Counsel’’ refers to the Special 

Counsel appointed under section 1211(b) of title 5, United 

States Code. 

ø(2) AUTHORITY OF INTEGRITY COMMITTEE.— ø(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 


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49 

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. 

ø(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. 

ø(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. ø12933¿ 12993, 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.’’. 

* * * * * * * 


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FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2009 

* * * * * * * 

DIVISION D—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2009 

* * * * * * * 

TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS 

* * * * * * * 

øSec. 744. (a) Each executive department and agency shall establish and maintain on the homepage of its website, an obvious, direct link to the website of its respective Inspector General. 

ø(b) Each Office of Inspector General shall: (1) post on its website 

any public report or audit or portion of any report or audit issued 

within one day of its release; (2) provide a service on its website 

to allow an individual to request automatic receipt of information 

relating to any public report or audit or portion of that report or 

audit and which permits electronic transmittal of the information, 

or notice of the availability of the information without further request; and (3) establish and maintain a direct link on its website 

for individuals to anonymously report waste, fraud and abuse.¿ 

* * * * * * * 

Æ 


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