(Title 5 Appendix)
§ 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 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 Publishing Office, Government Accountability Office, and the Architect of the Capitol.
(2) Chairperson and executive chairperson.—
(A) Executive chairperson.—
The Deputy Director for Management of the Office of Management and Budget shall be the Executive Chairperson of the Council.
(B) Chairperson.—
The Council shall elect 1 of the Inspectors General referred to in paragraph (1)(A) or (B) to act as Chairperson of the Council. The term of office of the Chairperson shall be 2 years.
(3) Functions of chairperson and executive chairperson.—
(A) Executive chairperson.—
The Executive Chairperson shall—
(i) preside over meetings of the Council;
(ii) provide to the heads of agencies and entities represented on the Council summary reports of the activities of the Council; and
(iii) provide to the Council such information relating to the agencies and entities represented on the Council as assists the Council in performing its functions.
(B) Chairperson.—
The Chairperson shall—
(i) convene meetings of the Council—
(I) at least 6 times each year;
(II) monthly to the extent possible; and
(III) more frequently at the discretion of the Chairperson;
(ii) carry out the functions and duties of the Council under subsection (c);
(iii) appoint a Vice Chairperson to assist in carrying out the functions of the Council and act in the absence of the Chairperson, from a category of Inspectors General described in subparagraph (A)(i), (A)(ii), or (B) of paragraph (1), other than the category from which the Chairperson was elected;
(iv) make such payments from funds otherwise available to the Council as may be necessary to carry out the functions of the Council;
(v) select, appoint, and employ personnel as needed to carry out the functions of the Council subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates;
(vi) to the extent and in such amounts as may be provided in advance by appropriations Acts, made available from the revolving fund established under subsection (c)(3)(B), or as otherwise provided by law, enter into contracts and other arrangements with public agencies and private persons to carry out the functions and duties of the Council;
(vii) establish, in consultation with the members of the Council, such committees as determined by the Chairperson to be necessary and appropriate for the efficient conduct of Council functions; and
(viii) prepare and transmit an annual report on behalf of the Council on the activities of the Council to—
(I) the President;
(II) the appropriate committees of jurisdiction of the Senate and the House of Representatives;
(III) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(IV) the Committee on Oversight and Government Reform of the House of Representatives.
(c) Functions and Duties of Council.—
(1) In general.—
The Council shall—
(A) continually identify, review, and discuss areas of weakness and vulnerability in Federal programs and operations with respect to fraud, waste, and abuse;
(B) develop plans for coordinated, Governmentwide activities that address these problems and promote economy and efficiency in Federal programs and operations, including interagency and interentity audit, investigation, inspection, and evaluation programs and projects to deal efficiently and effectively with those problems concerning fraud and waste that exceed the capability or jurisdiction of an individual agency or entity;
(C) develop policies that will aid in the maintenance of a corps of well-trained and highly skilled Office of Inspector General personnel;
(D) maintain an Internet website and other electronic systems for the benefit of all Inspectors General, as the Council determines are necessary or desirable;
(E) maintain 1 or more academies as the Council considers desirable for the professional training of auditors, investigators, inspectors, evaluators, and other personnel of the various offices of Inspector General;
(F) submit recommendations of individuals to the appropriate appointing authority for any appointment to an office of Inspector General described under subsection (b)(1)(A) or (B);
(G) make such reports to Congress as the Chairperson determines are necessary or appropriate;
(H) except for matters coordinated among Inspectors General under section 3033 of title 50, United States Code,1 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 Office of Inspector General; and
(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
(ii) upon the authorization of the Executive Chairperson, any Federal agency or designated Federal entity (as defined in section 8G(a)) 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.2
(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.
(5) Additional responsibilities relating to whistleblower protection.—
The Council shall—
(A) facilitate the work of the Whistleblower Protection Coordinators designated under section 3(d)(C); 3 and
(B) in consultation with the Office of Special Counsel and Whistleblower Protection Coordinators from the member offices of the Inspector General, develop best practices for coordination and communication in promoting the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, in accordance with Federal law.
(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.—
(A) In general.—
The Integrity Committee shall consist of the following members:
(i) The official of the Federal Bureau of Investigation serving on the Council.
(ii) 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)).
(iii) The Director of the Office of Government Ethics or the designee of the Director.
(B) Chairperson.—
(i) In general.—
The Integrity Committee shall elect one of the Inspectors General referred to in subparagraph (A)(ii) to act as Chairperson of the Integrity Committee.
(ii) Term.—
The term of office of the Chairperson of the Integrity Committee shall be 2 years.
(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.—
(A) In general.—
Not later than 7 days after the date on which the Integrity Committee receives an allegation of wrongdoing against an Inspector General or against a staff member of an Office of Inspector General described under paragraph (4)(C), the allegation of wrongdoing shall be reviewed and referred to the Department of Justice or the Office of Special Counsel for investigation, or to the Integrity Committee for review, as appropriate, by—
(i) a representative of the Department of Justice, as designated by the Attorney General;
(ii) a representative of the Office of Special Counsel, as designated by the Special Counsel; and
(iii) a representative of the Integrity Committee, as designated by the Chairperson of the Integrity Committee.
(B) Referral to the chairperson.—
(i) In general.—
Except as provided in clause (ii), not later than 30 days after the date on which an allegation of wrongdoing is referred to the Integrity Committee under subparagraph (A), the Integrity Committee shall determine whether to refer the allegation of wrongdoing to the Chairperson of the Integrity Committee to initiate an investigation.
(ii) Extension.—
The 30-day period described in clause (i) may be extended for an additional period of 30 days if the Integrity Committee provides written notice to the congressional committees described in paragraph (8)(A)(iii) that includes a detailed, case-specific description of why the additional time is needed to evaluate the allegation of wrongdoing.
(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)(B) 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) shall provide assistance necessary to the Integrity Committee; and
(ii) may detail employees from that agency or entity to the Integrity Committee, subject to the control and direction of the Chairperson, to conduct an investigation under this subsection.
(7) Procedures for investigations.—
(A) Standards applicable.—
Investigations initiated under this subsection shall be conducted in accordance with the most current Quality Standards for Investigations issued by the Council or by its predecessors (the President’s Council on Integrity and Efficiency and the Executive Council on Integrity and Efficiency).
(B) Additional policies and procedures.—
(i) Establishment.—
The Integrity Committee, in conjunction with the Chairperson of the Council, shall establish additional policies and procedures necessary to ensure fairness and consistency in—
(I) determining whether to initiate an investigation;
(II) conducting investigations;
(III) reporting the results of an investigation;
(IV) providing the person who is the subject of an investigation with an opportunity to respond to any Integrity Committee report;
(V) except as provided in clause (ii), ensuring, to the extent possible, that investigations are conducted by Offices of Inspector General of similar size;
(VI) creating a process for rotation of Inspectors General assigned to investigate allegations through the Integrity Committee; and
(VII) creating procedures to avoid conflicts of interest for Integrity Committee investigations.
(ii) Exception.—
The requirement under clause (i)(V) shall not apply to any Office of Inspector General with less than 50 employees who are authorized to conduct audits or investigations.
(iii) 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 an allegation of wrongdoing is referred to the Chairperson of the Integrity Committee under paragraph (5)(B), the Chairperson of the Integrity Committee—
(i) shall complete the investigation not later than 150 days after the date on which the Integrity Committee made the referral; and
(ii) if the investigation cannot be completed within the 150-day period described in clause (i), shall—
(I) promptly notify the congressional committees described in paragraph (8)(A)(iii); and
(II) brief the congressional committees described in paragraph (8)(A)(iii) every 30 days regarding the status of the investigation and the general reasons for delay until the investigation is complete.
(D) Concurrent investigation.—
If an allegation of wrongdoing against an Inspector General or a staff member of an Office of Inspector General described under paragraph (4)(C) is referred to the Department of Justice or the Office of Special Counsel under paragraph (5)(A), the Chairperson of the Integrity Committee may conduct any related investigation referred to the Chairperson under paragraph (5)(B) concurrently with the Department of Justice or the Office of Special Counsel, as applicable.
(E) Reports.—
(i) Integrity committee investigations.—
For each investigation of an allegation of wrongdoing referred to the Chairperson of the Integrity Committee under paragraph (5)(B), the Chairperson of the Integrity Committee shall submit to members of the Integrity Committee and to the Chairperson of the Council a report containing the results of the investigation.
(ii) Other investigations.—
For each allegation of wrongdoing referred to the Department of Justice or the Office of Special Counsel under paragraph (5)(A), the Attorney General or the Special Counsel, as applicable, shall submit to the Integrity Committee a report containing the results of the investigation.
(iii) Availability to congress.—
(I) In general.—
The congressional committees described in paragraph (8)(A)(iii) shall have access to any report authored by the Integrity Committee.
(II) Members of congress.—
Subject to any other provision of law that would otherwise prohibit disclosure of such information, the Integrity Committee may provide any report authored by the Integrity Committee to any Member of Congress.
(8) Assessment and final disposition.—
(A) In general.—
With respect to any report received under paragraph (7)(E), 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 4
(iii) submit the report, with the recommendations of the Integrity Committee, to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and other congressional committees of jurisdiction; and
(iv) following the submission of the report under clause (iii) and upon request by any Member of Congress, submit the report, with the recommendations of the Integrity Committee, to that Member.
(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 the Department of Justice or the Office of Special Counsel, 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 Member of Congress.
(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 to the same extent and in the same manner as in the case of an allegation against an Inspector General or against a staff member of an Office of Inspector General described under paragraph (4)(C), subject to the requirement that the representative designated by the Special Counsel under paragraph (5)(A)(ii) shall recuse himself or herself from the consideration of any allegation brought under this paragraph.
(ii) Coordination with existing provisions of law.—
This paragraph shall 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 paragraph involves section 2302(b)(8) of such title, a failure to obtain corrective action within 120 days after the date on which the 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 such 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 may otherwise apply.
(13) Committee records.—
The Chairperson of the Council shall maintain the records of the Integrity Committee.
(Pub. L. 95–452, § 11, as added Pub. L. 110–409, § 7(a), Oct. 14, 2008, 122 Stat. 4305; amended Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 114–113, div. M, title III, § 304, Dec. 18, 2015, 129 Stat. 2913; Pub. L. 114–317, §§ 3, 7(b)(1)(B), (d)(2)(G), Dec. 16, 2016, 130 Stat. 1596, 1605, 1606; Pub. L. 115–192, § 2(b), June 25, 2018, 132 Stat. 1503.)
heading: References in Text
text: Section 3033 of title 50, United States Code, referred to in subsec. (c)(1)(H), was so in the original but probably should have been a reference to section 103H of the National Security Act of 1947, act July 26, 1947, ch. 343, which is classified to section 3033 of Title 50, War and National Defense.
The date of enactment of this subsection, referred to in subsec. (c)(3)(C), is the date of enactment of Pub. L. 110–409, which was approved Oct. 14, 2008.
heading: Prior Provisions
text: A prior section 11 of the Inspector General Act of 1978 was renumbered section 12.
heading: Amendments
text: 2018—Subsec. (c)(5). Pub. L. 115–192 added par. (5).
2016—Subsec. (b)(3)(B)(viii). Pub. L. 114–317, § 3(1), amended cl. (viii) generally. Prior to amendment, cl. (viii) read as follows: “prepare and transmit a report annually on behalf of the Council to the President on the activities of the Council.”
Subsec. (c)(1)(H), (I). Pub. L. 114–317, § 3(2), added subpar. (H) and redesignated former subpar. (H) as (I).
Subsec. (c)(3)(A)(ii). Pub. L. 114–317, § 7(b)(1)(B), substituted “Federal agency or designated Federal entity (as defined in section 8G(a))” for “department, agency, or entity of the executive branch”.
Subsec. (d)(2). Pub. L. 114–317, § 3(3)(A)(i)–(iii), designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A), (B), and (D) as cls. (i), (ii), and (iii), respectively, of subpar. (A) and realigned margins, and struck out subpar. (C) which read as follows: “The Special Counsel of the Office of Special Counsel.”
Subsec. (d)(2)(A)(i). Pub. L. 114–317, § 3(3)(A)(iv), struck out “, who shall serve as Chairperson of the Integrity Committee, and maintain the records of the Committee” before period at end.
Subsec. (d)(2)(A)(iii). Pub. L. 114–317, § 3(3)(A)(v), inserted “or the designee of the Director” before period at end.
Subsec. (d)(2)(B). Pub. L. 114–317, § 3(3)(A)(vi), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).
Subsec. (d)(5). Pub. L. 114–317, § 3(3)(B), amended par. (5) generally. Prior to amendment, text read as follows: “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).”
Subsec. (d)(6)(A). Pub. L. 114–317, § 3(3)(C)(i), substituted “paragraph (5)(B)” for “paragraph (5)(C)”.
Subsec. (d)(6)(B)(i). Pub. L. 114–317, § 3(3)(C)(ii), substituted “shall provide assistance” for “may provide resources”.
Subsec. (d)(7)(B)(i)(V) to (VII). Pub. L. 114–317, § 3(3)(D)(i)(I), added subcls. (V) to (VII).
Subsec. (d)(7)(B)(ii), (iii). Pub. L. 114–317, § 3(3)(D)(i)(II), (III), added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (d)(7)(C) to (E). Pub. L. 114–317, § 3(3)(D)(ii), (iii), added subpars. (C) to (E) and struck out former subpar. (C) which related to Integrity Committee and agency reports on investigations of allegations of wrongdoing.
Subsec. (d)(8)(A). Pub. L. 114–317, § 7(d)(2)(G), substituted “paragraph (7)(E)” for “paragraph (7)(C)” in introductory provisions.
Subsec. (d)(8)(A)(iii), (iv). Pub. L. 114–317, § 3(3)(E), added cls. (iii) and (iv) and struck out former cl. (iii) which read as follows: “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).”
Subsec. (d)(9)(B). Pub. L. 114–317, § 3(3)(F), substituted “the Department of Justice or the Office of Special Counsel” for “other agencies”.
Subsec. (d)(10). Pub. L. 114–317, § 3(3)(G), substituted “any Member of Congress.” for “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.”
Subsec. (d)(12), (13). Pub. L. 114–317, § 3(3)(H), added pars. (12) and (13).
2015—Subsec. (b)(1)(B). Pub. L. 114–113 substituted “the Intelligence Community” for “the Office of the Director of National Intelligence”.
heading: Change of Name
text: “Government Publishing Office” substituted for “Government Printing Office” in subsec. (b)(1)(I) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.
heading: Effective Date of 2016 Amendment
text: Amendment by section 7(b)(1)(B) of Pub. L. 114–317 effective on the date that is 180 days after Dec. 16, 2016, see section 7(b)(2) of Pub. L. 114–317, set out as a note under section 8M of Pub. L. 95–452 in this Appendix.
heading: Effective Date; Existing Executive Orders
text: Pub. L. 110–409, § 7(c), Oct. 14, 2008, 122 Stat. 4313, as amended by Pub. L. 114–317, § 7(d)(1), Dec. 16, 2016, 130 Stat. 1606, provided that:
“(1) Council.—
Not later than 180 days after the date of the enactment of this Act [Oct. 14, 2008], the Council of the Inspectors General on Integrity and Efficiency established under this section [enacting this section, renumbering former sections 11 and 12 of Pub. L. 95–452, set out in this Appendix, as 12 and 13, respectively, amending sections 2, 4, and 8G of Pub. L. 95–452, set out in this Appendix, and section 1105 of Title 31, Money and Finance, and enacting provisions set out as a note under section 1211 of Title 5, Government Organization and Employees] shall become effective and operational.
“(2) Executive orders.—
Executive Order No. 12805, dated May 11, 1992 [formerly set out under section 501 of Title 31], and Executive Order No. 12993 [formerly set out under section 3 of Pub. L. 95–452 in this Appendix], dated March 21, 1996 (as in effect before the date of the enactment of this Act [Oct. 14, 2008]) 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.”
heading: Pandemic Response Accountability Committee
text: Pub. L. 116–136, div. B, title V, § 15010, Mar. 27, 2020, 134 Stat. 533, provided that:
“(a) In this section—
“(1) the term ‘agency’ has the meaning given the term in section 551 of title 5, United States Code;
“(2) the term ‘appropriate congressional committees’ means—
“(A) the Committees on Appropriations of the Senate and the House of Representatives;
“(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
“(C) the Committee on Oversight and Reform of the House of Representatives; and
“(D) any other relevant congressional committee of jurisdiction;
“(3) the term ‘Chairperson’ means the Chairperson of the Committee;
“(4) the term ‘Council’ means the Council of the Inspectors General on Integrity and Efficiency established under section 11 of the Inspector General Act of 1978 (5 U.S.C. App);
“(5) the term ‘Committee’ means the Pandemic Response Accountability Committee established under subsection (b);
“(6) the term ‘covered funds’ means any funds, including loans, that are made available in any form to any non-Federal entity, not including an individual, under—
“(A) this Act [div. B of Pub. L. 116–136, see Tables for classification];
“(B) the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123);
“(C) the Families First Coronavirus Response Act (Public Law 116–127); or
“(D) any other Act primarily making appropriations for the Coronavirus response and related activities; and
“(7) the term ‘Coronavirus response’ means the Federal Government’s response to the nationwide public health emergency declared by the Secretary of Health and Human Services, retroactive to January 27, 2020, pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d), as a result of confirmed cases of the novel coronavirus (COVID–19) in the United States.
“(b) There is established within the Council the Pandemic Response Accountability Committee to promote transparency and conduct and support oversight of covered funds and the Coronavirus response to—
“(1) prevent and detect fraud, waste, abuse, and mismanagement; and
“(2) mitigate major risks that cut across program and agency boundaries.
“(c)
(1) The Chairperson of the Committee shall be selected by the Chairperson of the Council from among Inspectors General described in subparagraphs (B), (C), and (D) of paragraph (2) with experience managing oversight of large organizations and expenditures.
“(2) The members of the Committee shall include—
“(A) the Chairperson;
“(B) the Inspectors General of the Departments of Defense, Education, Health and Human Services, Homeland Security, Justice, Labor, and the Treasury;
“(C) the Inspector General of the Small Business Administration;
“(D) the Treasury Inspector General for Tax Administration; and
“(E) any other Inspector General, as designated by the Chairperson from any agency that expends or obligates covered funds or is involved in the Coronavirus response.
“(3)
(A) There shall be an Executive Director and a Deputy Executive Director of the Committee.
“(B)
(i)
(I) Not later than 30 days after the date of enactment of this Act [Mar. 27, 2020], the Executive Director of the Committee shall be appointed by the Chairperson of the Council, in consultation with the majority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the Senate, and the minority leader of the House of Representatives.
“(II) Not later than 90 days after the date of enactment of this Act, the Deputy Executive Director of the Committee shall be appointed by the Chairperson of the Council, in consultation with the majority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, and the Executive Director of the Committee.
“(ii) The Executive Director and the Deputy Executive Director of the Committee shall—
“(I) have demonstrated ability in accounting, auditing, and financial analysis;
“(II) have experience managing oversight of large organizations and expenditures; and
“(III) be full-time employees of the Committee.
“(C) The Executive Director of the Committee shall—
“(i) report directly to the Chairperson;
“(ii) appoint staff of the Committee, subject to the approval of the Chairperson, consistent with subsection (f);
“(iii) supervise and coordinate Committee functions and staff; and
“(iv) perform any other duties assigned to the Executive Director by the Committee.
“(4)
(A) Members of the Committee may not receive additional compensation for services performed.
“(B) The Executive Director and Deputy Executive Director of the Committee shall be compensated at the rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
“(d)
(1)
(A) The Committee shall conduct and coordinate oversight of covered funds and the Coronavirus response and support Inspectors General in the oversight of covered funds and the Coronavirus response in order to—
“(i) detect and prevent fraud, waste, abuse, and mismanagement; and
“(ii) identify major risks that cut across programs and agency boundaries.
“(B) The functions of the Committee shall include—
“(i) developing a strategic plan to ensure coordinated, efficient, and effective comprehensive oversight by the Committee and Inspectors General over all aspects of covered funds and the Coronavirus response;
“(ii) auditing or reviewing covered funds, including a comprehensive audit and review of charges made to Federal contracts pursuant to authorities provided in the Coronavirus Aid, Relief, and Economic Security Act [Pub. L. 116–136], to determine whether wasteful spending, poor contract or grant management, or other abuses are occurring and referring matters the Committee considers appropriate for investigation to the Inspector General for the agency that disbursed the covered funds, including conducting randomized audits to identify fraud;
“(iii) reviewing whether the reporting of contracts and grants using covered funds meets applicable standards and specifies the purpose of the contract or grant and measures of performance;
“(iv) reviewing the economy, efficiency, and effectiveness in the administration of, and the detection of fraud, waste, abuse, and mismanagement in, Coronavirus response programs and operations;
“(v) reviewing whether competition requirements applicable to contracts and grants using covered funds have been satisfied;
“(vi) serving as a liaison to the Director of the Office of Management and Budget, the Secretary of the Treasury, and other officials responsible for implementing the Coronavirus response;
“(vii) reviewing whether there are sufficient qualified acquisition, grant, and other applicable personnel overseeing covered funds and the Coronavirus response;
“(viii) reviewing whether personnel whose duties involve the Coronavirus response or acquisitions or grants made with covered funds or are otherwise related to the Coronavirus response receive adequate training, technology support, and other resources;
“(ix) reviewing whether there are appropriate mechanisms for interagency collaboration relating to the oversight of covered funds and the Coronavirus response, including coordinating and collaborating to the extent practicable with State and local government entities;
“(x) expeditiously reporting to the Attorney General any instance in which the Committee has reasonable grounds to believe there has been a violation of Federal criminal law; and
“(xi) coordinating and supporting Inspectors General on matters related to oversight of covered funds and the Coronavirus response.
“(2)
(A)
(i) The Committee shall submit to the President and Congress, including the appropriate congressional committees, management alerts on potential management, risk, and funding problems that require immediate attention.
“(ii) The Committee shall submit to Congress such other reports or provide such periodic updates on the work of the Committee as the Committee considers appropriate on the use of covered funds and the Coronavirus response.
“(B) The Committee shall submit biannual reports to the President and Congress, including the appropriate congressional committees, and may submit additional reports as appropriate—
“(i) summarizing the findings of the Committee; and
“(ii) identifying and quantifying the impact of any tax expenditures or credits authorized under this Act to the extent practicable.
“(C)
(i) All reports submitted under this paragraph shall be made publicly available and posted on the website established under subsection (g).
“(ii) Any portion of a report submitted under this paragraph may be redacted when made publicly available, if that portion would disclose information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code, or is otherwise prohibited from disclosure by law.
“(3)
(A) The Committee shall make recommendations to agencies on measures to prevent or address fraud, waste, abuse and mismanagement, and to mitigate risks that cut across programs and agency boundaries, relating to covered funds and the Coronavirus response.
“(B) Not later than 30 days after receipt of a recommendation under subparagraph (A), an agency shall submit a report to the President and the appropriate congressional committees on—
“(i) whether the agency agrees or disagrees with the recommendations; and
“(ii) any actions the agency will take to implement the recommendations, which shall also be included in the report required under section 2(b) of the GAO–IG Act [Pub. L. 115–414] (31 U.S.C. 1105 note).
“(e)
(1) The Committee shall conduct audits and reviews of programs, operations, and expenditures relating to covered funds and the Coronavirus response and coordinate on such activities with the Inspector General of the relevant agency to avoid unnecessary duplication and overlap of work.
“(2) The Committee may—
“(A) conduct its own independent investigations, audits, and reviews relating to covered funds or the Coronavirus response;
“(B) collaborate on audits and reviews relating to covered funds with any Inspector General of an agency; and
“(C) provide support to relevant agency Inspectors General in conducting investigations, audits, and reviews relating to the covered funds and Coronavirus response.
“(3)
(A) In conducting and supporting investigations, audits, and reviews under this subsection, the Committee—
“(i) shall have the authorities provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.);
“(ii) may issue subpoenas to compel the testimony of persons who are not Federal officers or employees; and
“(iii) may enforce such subpoenas in the event of a refusal to obey by order of any appropriate United States district court as provided for under section 6 of the Inspector General Act of 1978 (5 U.S.C. App).
“(B) The Committee shall carry out the powers under paragraphs (1) and (2) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.).
“(C) Whenever information or assistance requested by the Committee or an Inspector General is unreasonably refused or not provided, the Committee shall immediately report the circumstances to the appropriate congressional committees.
“(D) The Committee shall leverage existing information technology resources within the Council, such as oversight.gov, to carry out the duties of the Committee.
“(4)
(A) The Committee may hold public hearings and Committee personnel may conduct necessary inquiries.
“(B) The head of each agency shall make all officers and employees of that agency available to provide testimony to the Committee and Committee personnel.
“(C) The Committee may issue subpoenas to compel the testimony of persons who are not Federal officers or employees at such public hearings, which may be enforced in the same manner as provided for subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).
“(5) The Committee may enter into contracts to enable the Committee to discharge its duties, including contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Committee.
“(6) The Committee may establish subcommittees to facilitate the ability of the Committee to discharge its duties.
“(7) The Committee may transfer funds appropriated to the Committee for expenses to support administrative support services and audits, reviews, or other activities related to oversight by the Committee of covered funds or the Coronavirus response to any Office of the Inspector General or the General Services Administration.
“(f)
(1)
(A)
(i) Subject to subparagraph (B), the Committee may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section) to carry out the functions of the Committee under this section.
“(ii) For purposes of exercising the authorities described under clause (i), the term ‘Chairperson’ shall be substituted for the term ‘head of a temporary organization’.
“(iii) In exercising the authorities described in clause (i), the Chairperson shall consult with members of the Committee.
“(iv) In addition to the authority provided by section 3161(c) of title 5, United States Code, upon the request of an Inspector General, the Committee may detail, on a nonreimbursable basis, any personnel of the Council to that Inspector General to assist in carrying out any audit, review, or investigation pertaining to the oversight of covered funds or the Coronavirus response.
“(B) In exercising the employment authorities under section 3161(b) of title 5, United States Code, as provided under subparagraph (A) of this paragraph—
“(i) section 3161(b)(2) of that title (relating to periods of appointments) shall not apply; and
“(ii) no period of appointment may exceed the date on which the Committee terminates.
“(C)
(i) A person employed by the Committee shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications upon the completion of 2 years of continuous service as an employee under this subsection.
“(ii) No person who is first employed as described in clause (i) more than 2 years after the date of enactment of this Act may acquire competitive status under clause (i).
“(2)
(A) The Committee may employ annuitants covered by section 9902(g) of title 5, United States Code, for purposes of the oversight of covered funds or the Coronavirus response.
“(B) The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of title 5, United States Code, as if the Committee was the Department of Defense.
“(3) Upon request of the Committee for information or assistance from any agency or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, and consistent with section 6 of the Inspector General Act of 1978 (5 U.S.C. App.), furnish such information or assistance to the Committee, or an authorized designee, including an Inspector General designated by the Chairperson.
“(4) Any Inspector General responsible for conducting oversight related to covered funds or the Coronavirus response may, consistent with the duties, responsibilities, policies, and procedures of the Inspector General, provide information requested by the Committee or an Inspector General on the Committee relating to the responsibilities of the Committee.
“(g)
(1)
(A) Not later than 30 days after the date of enactment of this Act, the Committee shall establish and maintain a user-friendly, public-facing website to foster greater accountability and transparency in the use of covered funds and the Coronavirus response, which shall have a uniform resource locator that is descriptive and memorable.
“(B) The Committee shall leverage existing information technology and resources, such as oversight.gov, to the greatest extent practicable to meet the requirements under this section.
“(2) The website established and maintained under paragraph (1) shall be a portal or gateway to key information relating to the oversight of covered funds and the Coronavirus response and provide connections to other Government websites with related information.
“(3) In establishing and maintaining the website under paragraph (1), the Committee shall ensure the following:
“(A) The website shall provide materials and information explaining the Coronavirus response and how covered funds are being used. The materials shall be easy to understand and regularly updated.
“(i) The website shall provide accountability information, including findings from Inspectors General, including any progress reports, audits, inspections, or other reports, including reports from or links to reports on the website of the Government Accountability Office.
“(ii) The website shall provide data on relevant operational, economic, financial, grant, subgrant, contract, and subcontract information in user-friendly visual presentations to enhance public awareness of the use of covered funds and the Coronavirus response.
“(iii) The website shall provide detailed data on any Federal Government awards that expend covered funds, including a unique trackable identification number for each project, information about the process that was used to award the covered funds, and for any covered funds over $150,000, a detailed explanation of any associated agreement, where applicable.
“(iv) The website shall include downloadable, machine-readable, open format reports on covered funds obligated by month to each State and congressional district, where applicable.
“(v) The website shall provide a means for the public to give feedback on the performance of any covered funds and of the Coronavirus response, including confidential feedback.
“(vi) The website shall include detailed information on Federal Government awards that expend covered funds, including data elements required under the Federal Funding Accountability and Transparency Act of 2006 [Pub. L. 109–282](31 U.S.C. 6101 note), allowing aggregate reporting on awards below $50,000, as prescribed by the Director of the Office of Management and Budget.
“(vii) The website shall provide a link to estimates of the jobs sustained or created by this Act to the extent practicable.
“(viii) The website shall include appropriate links to other government websites with information concerning covered funds and the Coronavirus response, including Federal agency and State websites.
“(ix) The website shall include a plan from each Federal agency for using covered funds.
“(x) The website shall provide information on Federal allocations of mandatory and other entitlement programs by State, county, or other geographical unit related to covered funds or the Coronavirus response.
“(xi) The website shall present the data such that funds subawarded by recipients are not double counted in search results, data visualizations, or other reports.
“(xii) The website shall include all recommendations made to agencies relating to covered funds and the Coronavirus response, as well as the status of each recommendation.
“(xiii) The website shall be enhanced and updated as necessary to carry out the purposes of this section.
“(4) The Committee may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.
“(h)
(1) Nothing in this section shall affect the independent authority of an Inspector General to determine whether to conduct an audit or investigation of covered funds or the Coronavirus response.
“(2) If the Committee requests that an Inspector General of an agency conduct or refrain from conducting an audit or investigation and the Inspector General rejects the request in whole or in part, the Inspector General shall, not later than 30 days after rejecting the request, submit a report to the Committee, the head of the applicable agency, and the appropriate congressional committees, that states the reasons that the Inspector General has rejected the request in whole or in part.
“(i) The Committee shall coordinate its oversight activities with the Comptroller General of the United States and State auditors.
“(j) For the purposes of carrying out the mission of the Committee under this section, there are authorized to be appropriated such sums as may be necessary to carry out the duties and functions of the Committee.
“(k) The Committee shall terminate on September 30, 2025.”
[For definition of “coronavirus” as used in section 15010 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.]
heading: Additional Oversight of Financial Regulatory System
text: Pub. L. 111–203, title IX, § 989E, July 21, 2010, 124 Stat. 1946, provided that:
“(a) Council of Inspectors General on Financial Oversight.—
“(1) Establishment and membership.—
There is established a Council of Inspectors General on Financial Oversight (in this section referred to as the ‘Council of Inspectors General’) chaired by the Inspector General of the Department of the Treasury and composed of the inspectors general of the following:
“(A) The Board of Governors of the Federal Reserve System.
“(B) The Commodity Futures Trading Commission.
“(C) The Department of Housing and Urban Development.
“(D) The Department of the Treasury.
“(E) The Federal Deposit Insurance Corporation.
“(F) The Federal Housing Finance Agency.
“(G) The National Credit Union Administration.
“(H) The Securities and Exchange Commission.
“(I) The Troubled Asset Relief Program (until the termination of the authority of the Special Inspector General for such program under section 121(k) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(k))).
“(2) Duties.—
“(A) Meetings.—
The Council of Inspectors General shall meet not less than once each quarter, or more frequently if the chair considers it appropriate, to facilitate the sharing of information among inspectors general and to discuss the ongoing work of each inspector general who is a member of the Council of Inspectors General, with a focus on concerns that may apply to the broader financial sector and ways to improve financial oversight.
“(B) Annual report.—
Each year the Council of Inspectors General shall submit to the Council and to Congress a report including—
“(i) for each inspector general who is a member of the Council of Inspectors General, a section within the exclusive editorial control of such inspector general that highlights the concerns and recommendations of such inspector general in such inspector general’s ongoing and completed work, with a focus on issues that may apply to the broader financial sector; and
“(ii) a summary of the general observations of the Council of Inspectors General based on the views expressed by each inspector general as required by clause (i), with a focus on measures that should be taken to improve financial oversight.
“(3) Working groups to evaluate council.—
“(A) Convening a working group.—
The Council of Inspectors General may, by majority vote, convene a Council of Inspectors General Working Group to evaluate the effectiveness and internal operations of the Council.
“(B) Personnel and resources.—
The inspectors general who are members of the Council of Inspectors General may detail staff and resources to a Council of Inspectors General Working Group established under this paragraph to enable it to carry out its duties.
“(C) Reports.—
A Council of Inspectors General Working Group established under this paragraph shall submit regular reports to the Council and to Congress on its evaluations pursuant to this paragraph.
“(b) Response to Report by Council.—
The Council shall respond to the concerns raised in the report of the Council of Inspectors General under subsection (a)(2)(B) for such year.”
heading: Special Inspectors General for Iraq and Afghanistan Reconstruction
text: Pub. L. 111–15, § 7, Apr. 24, 2009, 123 Stat. 1605, provided that: “The Special Inspector General for Iraq Reconstruction and the Special Inspector General for Afghanistan Reconstruction shall be a [sic] members of the Council of the Inspectors General on Integrity and Efficiency established under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) until the date of termination of the Office of the Special Inspector General for Iraq Reconstruction and the Office of the Special Inspector General for Afghanistan Reconstruction, respectively.”