PUBLIC LAW 110–409—OCT. 14, 2008 

INSPECTOR GENERAL REFORM ACT OF 2008 


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122 STAT. 4302 PUBLIC LAW 110–409—OCT. 14, 2008 

Public Law 110–409 

110th Congress 

An Act 

To amend the Inspector General Act of 1978 to enhance the independence of the 

Inspectors General, to create a Council of the Inspectors General on Integrity 

and Efficiency, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Inspector General Reform Act 

of 2008’’. 

SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GENERAL. 

Section 8G(c) of the Inspector General Act of 1978 (5 U.S.C. 

App.) is amended by adding at the end ‘‘Each Inspector General 

shall be appointed without regard to political affiliation and solely 

on the basis of integrity and demonstrated ability in accounting, 

auditing, financial analysis, law, management analysis, public 

administration, or investigations.’’. 

SEC. 3. REMOVAL OF INSPECTORS GENERAL. 

(a) ESTABLISHMENTS.—Section 3(b) of the Inspector General 

Act of 1978 (5 U.S.C. App.) is amended by striking the second 

sentence and inserting ‘‘If an Inspector General is removed from 

office or is transferred to another position or location within an 

establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, 

not later than 30 days before the removal or transfer. Nothing 

in this subsection shall prohibit a personnel action otherwise 

authorized by law, other than transfer or removal.’’. 

(b) DESIGNATED FEDERAL ENTITIES.—Section 8G(e) of the 

Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking 

‘‘shall promptly communicate in writing the reasons for any such 

removal or transfer to both Houses of the Congress.’’ and inserting 

‘‘shall communicate in writing the reasons for any such removal 

or transfer to both Houses of Congress, not later than 30 days 

before the removal or transfer. Nothing in this subsection shall 

prohibit a personnel action otherwise authorized by law, other 

than transfer or removal.’’. 

SEC. 4. PAY OF INSPECTORS GENERAL. 

(a) INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE

SCHEDULE.— 

(1) IN GENERAL.—Section 3 of the Inspector General Act 

of 1978 (5 U.S.C. App.), is amended by adding at the end 

the following: 

Deadline. 

President. 

Deadline. 

5 USC app. 1 

note. 

Inspector 

General Reform 

Act of 2008. 

Oct. 14, 2008 

[H.R. 928] 


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PUBLIC LAW 110–409—OCT. 14, 2008 122 STAT. 4303 

‘‘(e) The annual rate of basic pay for an Inspector General 

(as defined under section 12(3)) shall be the rate payable for level 

III of the Executive Schedule under section 5314 of title 5, United 

States Code, plus 3 percent.’’. 

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 

5315 of title 5, United States Code, is amended by striking 

the item relating to each of the following positions: 

(A) Inspector General, Department of Education. 

(B) Inspector General, Department of Energy. 

(C) Inspector General, Department of Health and 

Human Services. 

(D) Inspector General, Department of Agriculture. 

(E) Inspector General, Department of Housing and 

Urban Development. 

(F) Inspector General, Department of Labor. 

(G) Inspector General, Department of Transportation. 

(H) Inspector General, Department of Veterans Affairs. 

(I) Inspector General, Department of Homeland Security. 

(J) Inspector General, Department of Defense. 

(K) Inspector General, Department of State. 

(L) Inspector General, Department of Commerce. 

(M) Inspector General, Department of the Interior. 

(N) Inspector General, Department of Justice. 

(O) Inspector General, Department of the Treasury. 

(P) Inspector General, Agency for International 

Development. 

(Q) Inspector General, Environmental Protection 

Agency. 

(R) Inspector General, Export-Import Bank. 

(S) Inspector General, Federal Emergency Management Agency. 

(T) Inspector General, General Services Administration. 

(U) Inspector General, National Aeronautics and Space 

Administration. 

(V) Inspector General, Nuclear Regulatory Commission. 

(W) Inspector General, Office of Personnel Management. 

(X) Inspector General, Railroad Retirement Board. 

(Y) Inspector General, Small Business Administration. 

(Z) Inspector General, Tennessee Valley Authority. 

(AA) Inspector General, Federal Deposit Insurance Corporation. 

(BB) Inspector General, Resolution Trust Corporation. 

(CC) Inspector General, Central Intelligence Agency. 

(DD) Inspector General, Social Security Administration. 

(EE) Inspector General, United States Postal Service. 

(3) APPLICABILITY TO OTHER INSPECTORS GENERAL.— (A) IN GENERAL.—Notwithstanding any other provision 

of law, the annual rate of basic pay of the Inspector General 

of the Central Intelligence Agency, the Special Inspector 

General for Iraq Reconstruction, and the Special Inspector 

General for Afghanistan Reconstruction shall be that of 

an Inspector General as defined under section 12(3) of 

5 USC app. 3 

note. 


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122 STAT. 4304 PUBLIC LAW 110–409—OCT. 14, 2008 

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

amended by section 7(a) of this Act). 

(B) PROHIBITION OF CASH BONUS OR AWARDS.—Section 

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

(as amended by section 5 of this Act) shall apply to the 

Inspectors General described under subparagraph (A). 

(4) ADDITIONAL TECHNICAL AND CONFORMING AMENDMENT.—Section 194(b) of the National and Community Service 

Act of 1990 (42 U.S.C. 12651e(b)) is amended by striking paragraph (3). 

(b) INSPECTORS GENERAL OF DESIGNATED FEDERAL ENTITIES.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, the Inspector General of each designated Federal entity 

(as those terms are defined under section 8G of the Inspector 

General Act of 1978 (5 U.S.C. App.)) shall, for pay and all 

other purposes, be classified at a grade, level, or rank designation, as the case may be, at or above those of a majority 

of the senior level executives of that designated Federal entity 

(such as a General Counsel, Chief Information Officer, Chief 

Financial Officer, Chief Human Capital Officer, or Chief 

Acquisition Officer). The pay of an Inspector General of a 

designated Federal entity (as those terms are defined under 

section 8G of the Inspector General Act of 1978 (5 U.S.C. 

App.)) shall be not less than the average total compensation 

(including bonuses) of the senior level executives of that designated Federal entity calculated on an annual basis. 

(2) LIMITATION ON ADJUSTMENT.— 

(A) IN GENERAL.—In the case of an Inspector General 

of a designated Federal entity whose pay is adjusted under 

paragraph (1), the total increase in pay in any fiscal year 

resulting from that adjustment may not exceed 25 percent 

of the average total compensation (including bonuses) of 

the Inspector General of that entity for the preceding 3 

fiscal years. 

(B) SUNSET OF LIMITATION.—The limitation under 

subparagraph (A) shall not apply to any adjustment made 

in fiscal year 2013 or each fiscal year thereafter. 

(c) SAVINGS PROVISION FOR NEWLY APPOINTED INSPECTORS GENERAL.— 

(1) IN GENERAL.—The provisions of section 3392 of title 

5, United States Code, other than the terms ‘‘performance 

awards’’ and ‘‘awarding of ranks’’ in subsection (c)(1) of such 

section, shall apply to career appointees of the Senior Executive 

Service who are appointed to the position of Inspector General. 

(2) NONREDUCTION IN PAY.—Notwithstanding any other 

provision of law, career Federal employees serving on an 

appointment made pursuant to statutory authority found other 

than in section 3392 of title 5, United States Code, shall not 

suffer a reduction in pay, not including any bonus or performance award, as a result of being appointed to the position 

of Inspector General. 

(d) SAVINGS PROVISION.—Nothing in this section shall have 

the effect of reducing the rate of pay of any individual serving 

on the date of enactment of this section as an Inspector General 

of— 

Applicability. 

5 USC app. 3 

note. 


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PUBLIC LAW 110–409—OCT. 14, 2008 122 STAT. 4305 

(1) an establishment as defined under section 12(2) of the 

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

by section 7(a) of this Act); 

(2) a designated Federal entity as defined under section 

8G(2) of the Inspector General Act of 1978 (5 U.S.C. App.); 

(3) a legislative agency for which the position of Inspector 

General is established by statute; or 

(4) any other entity of the Government for which the position of Inspector General is established by statute. 

SEC. 5. PROHIBITION OF CASH BONUS OR AWARDS. 

Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) 

(as amended by section 4 of this Act) is further amended by adding 

at the end the following: 

‘‘(f) An Inspector General (as defined under section 8G(a)(6) 

or 12(3)) may not receive any cash award or cash bonus, including 

any cash award under chapter 45 of title 5, United States Code.’’. 

SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL. 

(a) COUNSELS TO INSPECTORS GENERAL OF ESTABLISHMENT.— 

Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) 

(as amended by sections 4 and 5 of this Act) is further amended 

by adding at the end the following: 

‘‘(g) Each Inspector General shall, in accordance with applicable 

laws and regulations governing the civil service, obtain legal advice 

from a counsel either reporting directly to the Inspector General 

or another Inspector General.’’. 

(b) COUNSELS TO INSPECTORS GENERAL OF DESIGNATED FEDERAL ENTITIES.—Section 8G(g) of the Inspector General Act of 1978 

(5 U.S.C. App.) is amended by adding at the end the following: 

‘‘(4) Each Inspector General shall— 

‘‘(A) in accordance with applicable laws and regulations governing appointments within the designated Federal entity, appoint 

a Counsel to the Inspector General who shall report to the Inspector 

General; 

‘‘(B) obtain the services of a counsel appointed by and directly 

reporting to another Inspector General on a reimbursable basis; 

or 

‘‘(C) obtain the services of appropriate staff of the Council 

of the Inspectors General on Integrity and Efficiency on a reimbursable basis.’’. 

(c) RULE OF CONSTRUCTION.—Nothing in the amendments made 

by this section shall be construed to alter the duties and responsibilities of the counsel for any establishment or designated Federal 

entity, except for the availability of counsel as provided under 

sections 3(g) and 8G(g) of the Inspector General Act of 1978 (5 

U.S.C. App.) (as amended by this section). The Counsel to the 

Inspector General shall perform such functions as the Inspector 

General may prescribe. 

SEC. 7. ESTABLISHMENT OF COUNCIL OF THE INSPECTORS GENERAL 

ON INTEGRITY AND EFFICIENCY. 

(a) ESTABLISHMENT.—The Inspector General Act of 1978 (5 

U.S.C. App.) is amended by redesignating sections 11 and 12 as 

sections 12 and 13, respectively, and by inserting after section 

10 the following: 

5 USC app. 3 

note. 

Appointments. 


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122 STAT. 4306 PUBLIC LAW 110–409—OCT. 14, 2008 

‘‘SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY. 

‘‘(a) ESTABLISHMENT AND MISSION.— ‘‘(1) ESTABLISHMENT.—There is established as an independent entity within the executive branch the Council of the 

Inspectors General on Integrity and Efficiency (in this section 

referred to as the ‘Council’). 

‘‘(2) MISSION.—The mission of the Council shall be to— 

‘‘(A) address integrity, economy, and effectiveness 

issues that transcend individual Government agencies; and 

‘‘(B) increase the professionalism and effectiveness of 

personnel by developing policies, standards, and approaches 

to aid in the establishment of a well-trained and highly 

skilled workforce in the offices of the Inspectors General. 

‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Council shall consist of the following 

members: 

‘‘(A) All Inspectors General whose offices are established under— 

‘‘(i) section 2; or 

‘‘(ii) section 8G. 

‘‘(B) The Inspectors General of the Office of the Director 

of National Intelligence and the Central Intelligence 

Agency. 

‘‘(C) The Controller of the Office of Federal Financial 

Management. 

‘‘(D) A senior level official of the Federal Bureau of 

Investigation designated by the Director of the Federal 

Bureau of Investigation. 

‘‘(E) The Director of the Office of Government Ethics. 

‘‘(F) The Special Counsel of the Office of Special 

Counsel. 

‘‘(G) The Deputy Director of the Office of Personnel 

Management. 

‘‘(H) The Deputy Director for Management of the Office 

of Management and Budget. 

‘‘(I) The Inspectors General of the Library of Congress, 

Capitol Police, Government Printing Office, Government 

Accountability Office, and the Architect of the Capitol. 

‘‘(2) CHAIRPERSON AND EXECUTIVE CHAIRPERSON.— 

‘‘(A) EXECUTIVE CHAIRPERSON.—The Deputy Director 

for Management of the Office of Management and Budget 

shall be the Executive Chairperson of the Council. 

‘‘(B) CHAIRPERSON.—The Council shall elect 1 of the 

Inspectors General referred to in paragraph (1)(A) or (B) 

to act as Chairperson of the Council. The term of office 

of the Chairperson shall be 2 years. 

‘‘(3) FUNCTIONS OF CHAIRPERSON AND EXECUTIVE CHAIRPERSON.— 

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

‘‘(i) preside over meetings of the Council; 

‘‘(ii) provide to the heads of agencies and entities 

represented on the Council summary reports of the 

activities of the Council; and 

‘‘(iii) provide to the Council such information 

relating to the agencies and entities represented on 

Reports. 

5 USC app. 11. 


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PUBLIC LAW 110–409—OCT. 14, 2008 122 STAT. 4307 

the Council as assists the Council in performing its 

functions. 

‘‘(B) CHAIRPERSON.—The Chairperson shall— 

‘‘(i) convene meetings of the Council— 

‘‘(I) at least 6 times each year; 

‘‘(II) monthly to the extent possible; and 

‘‘(III) more frequently at the discretion of the 

Chairperson; 

‘‘(ii) carry out the functions and duties of the 

Council under subsection (c); 

‘‘(iii) 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; 

Plans. 

Reports. 

Deadline. 

Contracts. 

Appointments. 


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122 STAT. 4308 PUBLIC LAW 110–409—OCT. 14, 2008 

‘‘(D) maintain an Internet website and other electronic 

systems for the benefit of all Inspectors General, as the 

Council determines are necessary or desirable; 

‘‘(E) maintain 1 or more academies as the Council 

considers desirable for the professional training of auditors, 

investigators, inspectors, evaluators, and other personnel 

of the various offices of Inspector General; 

‘‘(F) submit recommendations of individuals to the 

appropriate appointing authority for any appointment to 

an office of Inspector General described under subsection 

(b)(1)(A) or (B); 

‘‘(G) make such reports to Congress as the Chairperson 

determines are necessary or appropriate; and 

‘‘(H) perform other duties within the authority and 

jurisdiction of the Council, as appropriate. 

‘‘(2) ADHERENCE AND PARTICIPATION BY MEMBERS.—To the 

extent permitted under law, and to the extent not inconsistent 

with standards established by the Comptroller General of the 

United States for audits of Federal establishments, organizations, programs, activities, and functions, each member of the 

Council, as appropriate, shall— 

‘‘(A) adhere to professional standards developed by the 

Council; and 

‘‘(B) participate in the plans, programs, and projects 

of the Council, except that in the case of a member 

described under subsection (b)(1)(I) , the member shall 

participate only to the extent requested by the member 

and approved by the Executive Chairperson and Chairperson. 

‘‘(3) ADDITIONAL ADMINISTRATIVE AUTHORITIES.— 

‘‘(A) INTERAGENCY FUNDING.—Notwithstanding section 

1532 of title 31, United States Code, or any other provision 

of law prohibiting the interagency funding of activities 

described under subclause (I), (II), or (III) of clause (i), 

in the performance of the responsibilities, authorities, and 

duties of the Council— 

‘‘(i) the Executive Chairperson may authorize the 

use of interagency funding for— 

‘‘(I) Governmentwide training of employees of 

the Offices of the Inspectors General; 

‘‘(II) the functions of the Integrity Committee 

of the Council; and 

‘‘(III) any other authorized purpose determined 

by the Council; and 

‘‘(ii) upon the authorization of the Executive Chairperson, any department, agency, or entity of the executive branch which has a member on the Council shall 

fund or participate in the funding of such activities. 

‘‘(B) REVOLVING FUND.— 

‘‘(i) IN GENERAL.—The Council may— 

‘‘(I) establish in the Treasury of the United 

States a revolving fund to be called the Inspectors 

General Council Fund; or 

‘‘(II) enter into an arrangement with a department or agency to use an existing revolving fund. 

‘‘(ii) AMOUNTS IN REVOLVING FUND.— 

Reports. 

Recommendations. 

Web site. 


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PUBLIC LAW 110–409—OCT. 14, 2008 122 STAT. 4309 

‘‘(I) IN GENERAL.—Amounts transferred to the 

Council under this subsection shall be deposited 

in the revolving fund described under clause (i)(I) 

or (II). 

‘‘(II) TRAINING.—Any remaining unexpended 

balances appropriated for or otherwise available 

to the Inspectors General Criminal Investigator 

Academy and the Inspectors General Auditor 

Training Institute shall be transferred to the 

revolving fund described under clause (i)(I) or (II). 

‘‘(iii) USE OF REVOLVING FUND.— ‘‘(I) IN GENERAL.—Except as provided under 

subclause (II), amounts in the revolving fund 

described under clause (i)(I) or (II) may be used 

to carry out the functions and duties of the Council 

under this subsection. 

‘‘(II) TRAINING.—Amounts transferred into the 

revolving fund described under clause (i)(I) or (II) 

may be used for the purpose of maintaining any 

training academy as determined by the Council. 

‘‘(iv) AVAILABILITY OF FUNDS.—Amounts in the 

revolving fund described under clause (i)(I) or (II) shall 

remain available to the Council without fiscal year 

limitation. 

‘‘(C) SUPERSEDING PROVISIONS.—No provision of law 

enacted after the date of enactment of this subsection shall 

be construed to limit or supersede any authority under 

subparagraph (A) or (B), unless such provision makes specific reference to the authority in that paragraph. 

‘‘(4) EXISTING AUTHORITIES AND RESPONSIBILITIES.—The 

establishment and operation of the Council shall not affect— 

‘‘(A) the role of the Department of Justice in law 

enforcement and litigation; 

‘‘(B) the authority or responsibilities of any Government agency or entity; and 

‘‘(C) the authority or responsibilities of individual members of the Council. 

‘‘(d) INTEGRITY COMMITTEE.— 

‘‘(1) ESTABLISHMENT.—The Council shall have an Integrity 

Committee, which shall receive, review, and refer for investigation allegations of wrongdoing that are made against Inspectors 

General and staff members of the various Offices of Inspector 

General described under paragraph (4)(C). 

‘‘(2) MEMBERSHIP.—The Integrity Committee shall consist 

of the following members: 

‘‘(A) The official of the Federal Bureau of Investigation 

serving on the Council, who shall serve as Chairperson 

of the Integrity Committee, and maintain the records of 

the Committee. 

‘‘(B) Four Inspectors General described in subparagraph (A) or (B) of subsection (b)(1) appointed by the Chairperson of the Council, representing both establishments 

and designated Federal entities (as that term is defined 

in section 8G(a)). 

‘‘(C) The Special Counsel of the Office of Special 

Counsel. 

‘‘(D) The Director of the Office of Government Ethics. 


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122 STAT. 4310 PUBLIC LAW 110–409—OCT. 14, 2008 

‘‘(3) LEGAL ADVISOR.—The Chief of the Public Integrity 

Section of the Criminal Division of the Department of Justice, 

or his designee, shall serve as a legal advisor to the Integrity 

Committee. 

‘‘(4) REFERRAL OF ALLEGATIONS.— ‘‘(A) REQUIREMENT.—An Inspector General shall refer 

to the Integrity Committee any allegation of wrongdoing 

against a staff member of the office of that Inspector General, if— 

‘‘(i) review of the substance of the allegation cannot 

be assigned to an agency of the executive branch with 

appropriate jurisdiction over the matter; and 

‘‘(ii) the Inspector General determines that— 

‘‘(I) an objective internal investigation of the 

allegation is not feasible; or 

‘‘(II) an internal investigation of the allegation 

may appear not to be objective. 

‘‘(B) DEFINITION.—In this paragraph the term ‘staff 

member’ means any employee of an Office of Inspector 

General who— 

‘‘(i) reports directly to an Inspector General; or 

‘‘(ii) is designated by an Inspector General under 

subparagraph (C). 

‘‘(C) DESIGNATION OF STAFF MEMBERS.—Each Inspector 

General shall annually submit to the Chairperson of the 

Integrity Committee a designation of positions whose 

holders are staff members for purposes of subparagraph 

(B). 

‘‘(5) REVIEW OF ALLEGATIONS.—The Integrity Committee 

shall— 

‘‘(A) review all allegations of wrongdoing the Integrity 

Committee receives against an Inspector General, or 

against a staff member of an Office of Inspector General 

described under paragraph (4)(C); 

‘‘(B) refer any allegation of wrongdoing to the agency 

of the executive branch with appropriate jurisdiction over 

the matter; and 

‘‘(C) refer to the Chairperson of the Integrity Committee any allegation of wrongdoing determined by the 

Integrity Committee under subparagraph (A) to be potentially meritorious that cannot be referred to an agency 

under subparagraph (B). 

‘‘(6) AUTHORITY TO INVESTIGATE ALLEGATIONS.— 

‘‘(A) REQUIREMENT.—The Chairperson of the Integrity 

Committee shall cause a thorough and timely investigation 

of each allegation referred under paragraph (5)(C) to be 

conducted in accordance with this paragraph. 

‘‘(B) RESOURCES.—At the request of the Chairperson 

of the Integrity Committee, the head of each agency or 

entity represented on the Council— 

‘‘(i) may provide resources necessary to the Integrity Committee; and 

‘‘(ii) may detail employees from that agency or 

entity to the Integrity Committee, subject to the control 

and direction of the Chairperson, to conduct an investigation under this subsection. 

‘‘(7) PROCEDURES FOR INVESTIGATIONS.— 

Deadline. 


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PUBLIC LAW 110–409—OCT. 14, 2008 122 STAT. 4311 

‘‘(A) STANDARDS APPLICABLE.—Investigations initiated 

under this subsection shall be conducted in accordance 

with the most current Quality Standards for Investigations 

issued by the Council or by its predecessors (the President’s 

Council on Integrity and Efficiency and the Executive 

Council on Integrity and Efficiency). 

‘‘(B) ADDITIONAL POLICIES AND PROCEDURES.— 

‘‘(i) ESTABLISHMENT.—The Integrity Committee, in 

conjunction with the Chairperson of the Council, shall 

establish additional policies and procedures necessary 

to ensure fairness and consistency in— 

‘‘(I) determining whether to initiate an investigation; 

‘‘(II) conducting investigations; 

‘‘(III) reporting the results of an investigation; 

and 

‘‘(IV) providing the person who is the subject 

of an investigation with an opportunity to respond 

to any Integrity Committee report. 

‘‘(ii) SUBMISSION TO CONGRESS.—The Council shall 

submit a copy of the policies and procedures established under clause (i) to the congressional committees 

of jurisdiction. 

‘‘(C) REPORTS.— 

‘‘(i) POTENTIALLY MERITORIOUS ALLEGATIONS.—For 

allegations described under paragraph (5)(C), the 

Chairperson of the Integrity Committee shall make 

a report containing the results of the investigation 

of the Chairperson and shall provide such report to 

members of the Integrity Committee. 

‘‘(ii) ALLEGATIONS OF WRONGDOING.—For allegations referred to an agency under paragraph (5)(B), 

the head of that agency shall make a report containing 

the results of the investigation and shall provide such 

report to members of the Integrity Committee. 

‘‘(8) ASSESSMENT AND FINAL DISPOSITION.— 

‘‘(A) IN GENERAL.—With respect to any report received 

under paragraph (7)(C), the Integrity Committee shall— 

‘‘(i) assess the report; 

‘‘(ii) 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 

Executive 

summary. 

Deadline. 

Deadline. 


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122 STAT. 4312 PUBLIC LAW 110–409—OCT. 14, 2008 

the submission of such report to the Executive Chairperson under clause (ii). 

‘‘(B) DISPOSITION.—The Executive Chairperson of the 

Council shall report to the Integrity Committee the final 

disposition of the matter, including what action was taken 

by the President or agency head. 

‘‘(9) ANNUAL REPORT.—The Council shall submit to Congress and the President by December 31 of each year a report 

on the activities of the Integrity Committee during the preceding fiscal year, which shall include the following: 

‘‘(A) The number of allegations received. 

‘‘(B) The number of allegations referred to other agencies, including the number of allegations referred for 

criminal investigation. 

‘‘(C) The number of allegations referred to the Chairperson of the Integrity Committee for investigation. 

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

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

date each allegation was finally disposed of. 

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

of the investigation of the allegations and, in the case 

of investigations completed during the preceding fiscal year, 

a summary of the findings of the investigations. 

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

‘‘(10) REQUESTS FOR MORE INFORMATION.—With respect to 

paragraphs (8) and (9), the Council shall provide more detailed 

information about specific allegations upon request from any 

of the following: 

‘‘(A) The chairperson or ranking member of the Committee on Homeland Security and Governmental Affairs 

of the Senate. 

‘‘(B) The chairperson or ranking member of the Committee on Oversight and Government Reform of the House 

of Representatives. 

‘‘(C) The chairperson or ranking member of the congressional committees of jurisdiction. 

‘‘(11) NO RIGHT OR BENEFIT.—This subsection is not 

intended to create any right or benefit, substantive or procedural, enforceable at law by a person against the United States, 

its agencies, its officers, or any person.’’. 

(b) ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL

OR DEPUTY SPECIAL COUNSEL.— 

(1) DEFINITIONS.—In this section— 

(A) the term ‘‘Integrity Committee’’ means the Integrity 

Committee established under section 11(d) of the Inspector 

General Act of 1978 (5 U.S.C. App), as amended by this 

Act; and 

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

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

States Code. 

(2) AUTHORITY OF INTEGRITY COMMITTEE.— 

(A) IN GENERAL.—An allegation of wrongdoing against 

the Special Counsel or the Deputy Special Counsel may 

be received, reviewed, and referred for investigation by 

the Integrity Committee to the same extent and in the 

5 USC 1211 

note. 

Reports. 


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PUBLIC LAW 110–409—OCT. 14, 2008 122 STAT. 4313 

same manner as in the case of an allegation against an 

Inspector General (or a member of the staff of an Office 

of Inspector General), subject to the requirement that the 

Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph. 

(B) COORDINATION WITH EXISTING PROVISIONS OF

LAW.—This subsection does not eliminate access to the 

Merit Systems Protection Board for review under section 

7701 of title 5, United States Code. To the extent that 

an allegation brought under this subsection involves section 

2302(b)(8) of that title, a failure to obtain corrective action 

within 120 days after the date on which that allegation 

is received by the Integrity Committee shall, for purposes 

of section 1221 of such title, be considered to satisfy section 

1214(a)(3)(B) of that title. 

(3) REGULATIONS.—The Integrity Committee may prescribe 

any rules or regulations necessary to carry out this subsection, 

subject to such consultation or other requirements as might 

otherwise apply. 

(c) EFFECTIVE DATE AND EXISTING EXECUTIVE ORDERS.— 

(1) COUNCIL.—Not later than 180 days after the date of 

the enactment of this Act, the Council of the Inspectors General 

on Integrity and Efficiency established under this section shall 

become effective and operational. 

(2) EXECUTIVE ORDERS.—Executive Order No. 12805, dated 

May 11, 1992, and Executive Order No. 12933, dated March 

21, 1996 (as in effect before the date of the enactment of 

this Act) shall have no force or effect on and after the earlier 

of— 

(A) the date on which the Council of the Inspectors 

General on Integrity and Efficiency becomes effective and 

operational as determined by the Executive Chairperson 

of the Council; or 

(B) the last day of the 180-day period beginning on 

the date of enactment of this Act. 

(d) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) INSPECTOR GENERAL ACT OF 1978.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended— 

(A) in sections 2(1), 4(b)(2), and 8G(a)(1)(A) by striking 

‘‘section 11(2)’’ each place it appears and inserting ‘‘section 

12(2)’’; and 

(B) in section 8G(a), in the matter preceding paragraph 

(1), by striking ‘‘section 11’’ and inserting ‘‘section 12’’. 

(2) SEPARATE APPROPRIATIONS ACCOUNT.—Section 1105(a) 

of title 31, United States Code, is amended by striking the 

first paragraph (33) and inserting the following: 

‘‘(33) a separate appropriation account for appropriations 

for the Council of the Inspectors General on Integrity and 

Efficiency, and, included in that account, a separate statement 

of the aggregate amount of appropriations requested for each 

academy maintained by the Council of the Inspectors General 

on Integrity and Efficiency.’’. 

SEC. 8. SUBMISSION OF BUDGET REQUESTS TO CONGRESS. 

Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) 

is amended by adding at the end the following: 

5 USC app. 8G. 

Termination 

date. 

31 USC 501 

note. 

Deadline. 

5 USC app. 11 

note. 

Deadline. 


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122 STAT. 4314 PUBLIC LAW 110–409—OCT. 14, 2008 

‘‘(f)(1) For each fiscal year, an Inspector General shall transmit 

a budget estimate and request to the head of the establishment 

or designated Federal entity to which the Inspector General reports. 

The budget request shall specify the aggregate amount of funds 

requested for such fiscal year for the operations of that Inspector 

General and shall specify the amount requested for all training 

needs, including a certification from the Inspector General that 

the amount requested satisfies all training requirements for the 

Inspector General’s office for that fiscal year, and any resources 

necessary to support the Council of the Inspectors General on 

Integrity and Efficiency. Resources necessary to support the Council 

of the Inspectors General on Integrity and Efficiency shall be specifically identified and justified in the budget request. 

‘‘(2) In transmitting a proposed budget to the President for 

approval, the head of each establishment or designated Federal 

entity shall include— 

‘‘(A) an aggregate request for the Inspector General; 

‘‘(B) amounts for Inspector General training; 

‘‘(C) amounts for support of the Council of the Inspectors 

General on Integrity and Efficiency; and 

‘‘(D) any comments of the affected Inspector General with 

respect to the proposal. 

‘‘(3) The President shall include in each budget of the United 

States Government submitted to Congress— 

‘‘(A) a separate statement of the budget estimate prepared 

in accordance with paragraph (1); 

‘‘(B) the amount requested by the President for each 

Inspector General; 

‘‘(C) the amount requested by the President for training 

of Inspectors General; 

‘‘(D) the amount requested by the President for support 

for the Council of the Inspectors General on Integrity and 

Efficiency; and 

‘‘(E) any comments of the affected Inspector General with 

respect to the proposal if the Inspector General concludes that 

the budget submitted by the President would substantially 

inhibit the Inspector General from performing the duties of 

the office.’’. 

SEC. 9. SUBPOENA POWER. 

Section 6(a)(4) of the Inspector General Act of 1978 (5 U.S.C. 

App.) is amended— 

(1) by inserting ‘‘in any medium (including electronically 

stored information, as well as any tangible thing)’’ after ‘‘other 

data’’; and 

(2) by striking ‘‘subpena’’ and inserting ‘‘subpoena’’. 

SEC. 10. PROGRAM FRAUD CIVIL REMEDIES ACT. 

Section 3801(a)(1) of title 31, United States Code, is amended— 

(1) in subparagraph (D), by striking ‘‘and’’ after the semicolon; 

(2) in subparagraph (E), by striking the period and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(F) a designated Federal entity (as such term is 

defined under section 8G(a)(2) of the Inspector General 

Act of 1978);’’. 

President. 


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PUBLIC LAW 110–409—OCT. 14, 2008 122 STAT. 4315 

SEC. 11. LAW ENFORCEMENT AUTHORITY FOR DESIGNATED FEDERAL 

ENTITIES. 

Section 6(e) of the Inspector General Act of 1978 (5 U.S.C. 

App.) is amended— 

(1) in paragraph (1) by striking ‘‘appointed under section 

3’’; and 

(2) by adding at the end the following: 

‘‘(9) In this subsection, the term ‘Inspector General’ means 

an Inspector General appointed under section 3 or an Inspector 

General appointed under section 8G.’’. 

SEC. 12. APPLICATION OF SEMIANNUAL REPORTING REQUIREMENTS 

WITH RESPECT TO INSPECTION REPORTS AND EVALUATION 

REPORTS. 

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

is amended— 

(1) in each of subsections (a)(6), (a)(8), (a)(9), (b)(2), and 

(b)(3)— 

(A) by inserting ‘‘, inspection reports, and evaluation 

reports’’ after ‘‘audit reports’’ the first place it appears; 

and 

(B) by striking ‘‘audit’’ the second place it appears; 

and 

(2) in subsection (a)(10) by inserting ‘‘, inspection reports, 

and evaluation reports’’ after ‘‘audit reports’’. 

SEC. 13. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS 

GENERAL. 

(a) IN GENERAL.—The Inspector General Act of 1978 (5 U.S.C. 

App.) is amended by inserting after section 8K the following: 

‘‘SEC. 8L. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS 

GENERAL. 

‘‘(a) DIRECT LINKS TO INSPECTORS GENERAL OFFICES.— ‘‘(1) IN GENERAL.—Each agency shall establish and maintain on the homepage of the website of that agency, a direct 

link to the website of the Office of the Inspector General of 

that agency. 

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

shall be obvious and facilitate accessibility to the website of 

the Office of the Inspector General. 

‘‘(b) REQUIREMENTS FOR INSPECTORS GENERAL WEBSITES.— ‘‘(1) POSTING OF REPORTS AND AUDITS.—The Inspector General of each agency shall— 

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

(or portion of any report or audit) is made publicly available, post that report or audit (or portion of that report 

or audit) on the website of the Office of Inspector General; 

and 

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

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

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

homepage of the website of the Office of the Inspector 

General; 

‘‘(ii) includes a summary of the findings of the 

Inspector General; and 

‘‘(iii) is in a format that— 

‘‘(I) is searchable and downloadable; and 


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122 STAT. 4316 PUBLIC LAW 110–409—OCT. 14, 2008 

‘‘(II) facilitates printing by individuals of the 

public accessing the website. 

‘‘(2) REPORTING OF FRAUD, WASTE, AND ABUSE.— 

‘‘(A) IN GENERAL.—The Inspector General of each 

agency shall establish and maintain a direct link on the 

homepage of the website of the Office of the Inspector 

General for individuals to report fraud, waste, and abuse. 

Individuals reporting fraud, waste, or abuse using the 

direct link established under this paragraph shall not be 

required to provide personally identifying information 

relating to that individual. 

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

agency shall not disclose the identity of any individual 

making a report under this paragraph without the consent 

of the individual unless the Inspector General determines 

that such a disclosure is unavoidable during the course 

of the investigation.’’. 

(b) REPEAL.—Section 746(b) of the Financial Services and General Government Appropriations Act, 2008 (5 U.S.C. App. note; 

121 Stat. 2034) is repealed. 

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

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

General of each agency shall implement the amendment made 

by this section. 

SEC. 14. OTHER ADMINISTRATIVE AUTHORITIES. 

(a) IN GENERAL.—Section 6(d) of the Inspector General Act 

of 1978 (5 U.S.C. App.) is amended to read as follows: 

‘‘(d)(1)(A) For purposes of applying the provisions of law identified in subparagraph (B)— 

‘‘(i) each Office of Inspector General shall be considered 

to be a separate agency; and 

‘‘(ii) the Inspector General who is the head of an office 

referred to in clause (i) shall, with respect to such office, have 

the functions, powers, and duties of an agency head or 

appointing authority under such provisions. 

‘‘(B) This paragraph applies with respect to the following provisions of title 5, United States Code: 

‘‘(i) Subchapter II of chapter 35. 

‘‘(ii) Sections 8335(b), 8336, 8344, 8414, 8468, and 8425(b). 

‘‘(iii) All provisions relating to the Senior Executive Service 

(as determined by the Office of Personnel Management), subject 

to paragraph (2). 

‘‘(2) For purposes of applying section 4507(b) of title 5, United 

States Code, paragraph (1)(A)(ii) shall be applied by substituting 

‘the Council of the Inspectors General on Integrity and Efficiency 

(established by section 11 of the Inspector General Act) shall’ for 

‘the Inspector General who is the head of an office referred to 

in clause (i) shall, with respect to such office,’.’’. 

(b) AUTHORITY OF TREASURY INSPECTOR GENERAL FOR TAX

ADMINISTRATION TO PROTECT INTERNAL REVENUE SERVICE

EMPLOYEES.—Section 8D(k)(1)(C) of the Inspector General Act of 

Applicability. 

Deadline. 

5 USC app. 8L 

note. 


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PUBLIC LAW 110–409—OCT. 14, 2008 122 STAT. 4317 

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

HOUSE REPORTS: No. 110–354 (Comm. on Oversight and Government Reform). 

SENATE REPORTS: No. 110–262 accompanying S. 2324 (Comm. on Homeland Security and Governmental Affairs). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): Oct. 3, considered and passed House. 

Vol. 154 (2008): Sept. 24, considered and passed Senate, amended. 

Sept. 25, 27, House considered and concurred in Senate 

amendment. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 

Oct. 14, Presidential statement. 

Æ 

1978 (5 U.S.C. App.) is amended by striking ‘‘physical security’’ 

and inserting ‘‘protection to the Commissioner of Internal Revenue’’. 

Approved October 14, 2008. 


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