Inspector General Reform Act of 2008

Bill: 110-s-2324
Sponsor: Sen. McCaskill, Claire [D-MO]
Introduced: 2007-11-08 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative remedies
Arts, Culture, Religion
Auditing
Awards, medals, prizes
Capitol (Washington, D.C.)
Commemorations
Congress
Congressional agencies
Congressional investigations
Congressional reporting requirements
Crime and Law Enforcement
Criminal investigation
Department of Justice
Department of the Treasury
Economics and Public Finance
Executive reorganization
Federal employees
Federal law enforcement officers
Federal libraries
Federal officials
Finance and Financial Sector
Fraud
Fringe benefits
Government attorneys
Government ethics
Government publicity
Governmental investigations
Inspectors general
Internal Revenue Service (IRS)
Internet
Law
Library of Congress
Misconduct in office
Police
Protection of officials
Public prosecutors
Removal of officials
Salaries
Science, Technology, Communications
Standards
Subpoena
Waste in government spending
Web sites

Summary:
action_date: 2007-11-08
text: 
Inspector General Reform Act of 2007 - Amends the Inspector General Act of 1978 to require each Inspector General to 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. 
 
Requires the President and other specified officials to communicate to Congress in advance the reasons for removing or transferring an Inspector General.
 
Sets forth the annual rate of basic pay for Inspectors General. Prohibits an Inspector General from receiving cash awards or bonuses.

Requires Inspectors General to obtain legal advice from a counsel either reporting directly to the Inspector General or another Inspector General.

Establishes within the executive branch the Council of the Inspectors General on Integrity and Efficiency to: (1) address integrity, economy, and effectiveness issues that transcend individual government agencies; and (2) increase the professionalism and effectiveness of personnel in Inspector General offices. Permits the Council's Executive Chairperson to authorize the use of interagency funding for specified Council tasks.

Establishes an Integrity Committee for the Council to review and refer for investigation allegations that are made against Inspectors General and certain staff of the Inspector General Offices.

Provides for: (1) the transmission of Inspector General budget requests; and (2) the application of semiannual reporting requirements concerning inspection and evaluation reports.

Requires: (1) each agency to maintain on the homepage of its website a direct link to the agency's Inspector General office; and (2) Inspectors General to post specified reports and audits.
 
Requires the Government Accountability Office (GAO) to report on the adequacy of mechanisms to ensure accountability of the Offices of Inspector General to specified congressional committees. 

action_date: 2008-02-22
text: 
Inspector General Reform Act of 2008 - (Sec. 2) Amends the Inspector General Act of 1978 to require Inspectors General (IGs) for designated federal entities to 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) Requires the President, the heads of designated federal entities, the Librarian of Congress, the Capitol Police Board, and the Public Printer to communicate to Congress in writing the reasons for removing or transferring an IG no later than 30 days before such removal or transfer.

Provides that the IG of the U.S. Capitol Police may be transferred from office only by the unanimous vote of the Capitol Police Board.

(Sec. 4) Sets the pay for presidentially appointed IGs at Executive Schedule III plus 3%. Requires IGs of designated federal entities to be classified at a grade, level, or rank designation at or above those of a majority of the senior level executives of their entity. Prohibits the pay of such IG from being less than the average total compensation of the senior level executives of that entity calculated on an annual basis.

(Sec. 5) Prohibits IGs from receiving cash awards or bonuses.

(Sec. 6) Requires each IG to: (1) obtain legal advice from a counsel either reporting directly to the IG or another IG; and (2) appoint a Counsel to the IG who shall report to the IG or obtain the services of a counsel appointed by and directly reporting to another IG or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.

(Sec. 7) Establishes within the executive branch the Council of the Inspectors General on Integrity and Efficiency to: (1) address integrity, economy, and effectiveness issues that transcend individual government agencies; and (2) 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 IG offices. Requires the Council to: (1) continually identify, review, and discuss areas of weakness and vulnerability in federal programs and operations with respect to fraud, waste, and abuse; (2) develop plans for coordinated, government-wide activities that address these problems and promote economy and efficiency in federal programs and operations; (3) develop policies that will aid in the maintenance of a corps of well-trained and highly skilled IG office personnel; (4) maintain electronic systems for the benefit of all IGs and one or more academies for the professional training of auditors, investigators, inspectors, evaluators, and other personnel; (5) submit individuals' recommendations for any IG appointment to the appropriate authority; and (6) report to Congress.

Allows the Council's Executive Chairperson to authorize the use of interagency funding for: (1) government-wide training of IG office employees; and (2) the functions of the Integrity Committee of the Council.

Establishes an Integrity Committee for the Council to review and refer for investigation allegations of wrongdoing that are made against IGs and IG office staff members. Sets forth requirements concerning when an IG must refer allegations against its staff to the Committee. Requires investigations to be conducted in accordance with the most current Quality Standards for Investigations issued by the Council or its predecessors. Requires the Committee, in conjunction with the Council Chairperson, to establish additional policies and procedures necessary to ensure fairness and consistency in: (1) determining whether to initiate investigations; (2) conducting investigations; (3) reporting the results of investigations; and (4) providing people who are subjects of investigations with opportunities to respond to Committee reports.

Sets forth reporting requirements for the Committee and the Council. Requires the Council to provide detailed information about specific allegations upon request from the chairperson or ranking member of the Senate Committee on Homeland Security, the House Committee on Oversight and Government Reform, and the congressional committees of jurisdiction.

Provides that an allegation against the Special Counsel of the Office of Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Committee to the same extent and in the same manner as an allegation against an IG.

Declares that: (1) this Act does not eliminate access to the Merit Systems Protection for review; and (2) Executive Order 12805, dated May 11, 1992, and Executive Order 12993, dated March 21, 1996, have no force or effect. Requires the IG to adopt policies and procedures to implement this Act that include, to the maximum extent practicable, all provisions in such orders.
 
(Sec. 8) Requires: (1) each IG to annually transmit a budget estimate and request to the head of the entity to which he or she reports; (2) such requests to specify the funds requested for operations, training needs, and Council support; (3) the head of each entity to include in a proposed budget to the President amounts for such purposes and its IG's comments on the proposal; and (4) the President to include in each U.S. budget submitted to Congress a statement of each IG's budget estimates, the amounts for such purposes requested by the President, and the IG's comments on whether the budget request submitted by the entity head would substantially inhibit its IG from performing his or her duties.
 
(Sec. 10) Includes designated federal entities within the definition of &quot;authority&quot; for purposes of provisions concerning administrative remedies for false claims and statements.

(Sec. 11) Empowers IGs of designated federal entities with the same law enforcement authority provided to other IGs. 

(Sec. 12) Provides for the application of semiannual reporting requirements concerning the activities of IG offices to inspection and evaluation reports.

(Sec. 13) Requires agencies to maintain on their website homepages direct links to the website of their IG office. Requires each IG to: (1) post reports and audits no later than three working days after such reports or audits are made publicly available; and (2) maintain a direct link on the office's website homepage for individuals to report waste, fraud, and abuse. Provides that reporting individuals shall not be required to provide personally identifying information. Prohibits agency IGs from disclosing the identity of any individual making a report without consent unless such a disclosure is unavoidable during the course of the investigation.

(Sec. 14) Repeals a requirement that the DOJ's IG refer to DOJ's Office of Professional Responsibility allegations of misconduct involving DOJ attorneys, investigators, or law enforcement personnel where the allegations relate to the exercise of the authority of an attorney to investigate, litigate, or provide legal advice.

(Sec. 15) Considers each IG office to be a separate federal agency.

Authorizes the Treasury Inspector General for Tax Administration to help provide physical security for Internal Revenue Service (IRS) employees.

(Sec. 16) Requires the Government Accountability Office (GAO) to report: (1) to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Government Reform on the adequacy of mechanisms to ensure accountability of IG offices; and (2) to the congressional committees of jurisdiction on the implementation IG pay provisions.

action_date: 2008-04-23
text: 
Inspector General Reform Act of 2008 - (Sec. 2) Amends the Inspector General Act of 1978 to require Inspectors General (IGs) for designated federal entities to 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) Requires the President, the heads of designated federal entities, the Librarian of Congress, the Capitol Police Board, and the Public Printer to communicate to Congress in writing the reasons for removing or transferring an IG no later than 30 days before such removal or transfer.

Provides that the IG of the U.S. Capitol Police may be transferred from office only by the unanimous vote of the Capitol Police Board.

(Sec. 4) Sets the pay for presidentially appointed IGs at Executive Schedule III plus 3%. Requires IGs of designated federal entities to be classified at a grade, level, or rank designation at or above those of a majority of the senior level executives of their entity. Prohibits the pay of such IG from being less than the average total compensation of the senior level executives of that entity calculated on an annual basis.

(Sec. 5) Prohibits IGs from receiving cash awards or bonuses.

(Sec. 6) Requires each IG to: (1) obtain legal advice from a counsel either reporting directly to the IG or another IG; and (2) appoint a Counsel to the IG who shall report to the IG or obtain the services of a counsel appointed by and directly reporting to another IG or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.

(Sec. 7) Establishes within the executive branch the Council of the Inspectors General on Integrity and Efficiency to: (1) address integrity, economy, and effectiveness issues that transcend individual government agencies; and (2) 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 IG offices. Requires the Council to: (1) continually identify, review, and discuss areas of weakness and vulnerability in federal programs and operations with respect to fraud, waste, and abuse; (2) develop plans for coordinated, government-wide activities that address these problems and promote economy and efficiency in federal programs and operations; (3) develop policies that will aid in the maintenance of a corps of well-trained and highly skilled IG office personnel; (4) maintain electronic systems for the benefit of all IGs and one or more academies for the professional training of auditors, investigators, inspectors, evaluators, and other personnel; (5) submit individuals' recommendations for any IG appointment to the appropriate authority; and (6) report to Congress.

Allows the Council's Executive Chairperson to authorize the use of interagency funding for: (1) government-wide training of IG office employees; and (2) the functions of the Integrity Committee of the Council.

Establishes an Integrity Committee for the Council to review and refer for investigation allegations of wrongdoing that are made against IGs and IG office staff members. Sets forth requirements concerning when an IG must refer allegations against its staff to the Committee. Requires investigations to be conducted in accordance with the most current Quality Standards for Investigations issued by the Council or its predecessors. Requires the Committee, in conjunction with the Council Chairperson, to establish additional policies and procedures necessary to ensure fairness and consistency in: (1) determining whether to initiate investigations; (2) conducting investigations; (3) reporting the results of investigations; and (4) providing people who are subjects of investigations with opportunities to respond to Committee reports.

Sets forth reporting requirements for the Committee and the Council. Requires the Council to provide detailed information about specific allegations upon request from the chairperson or ranking member of the Senate Committee on Homeland Security, the House Committee on Oversight and Government Reform, and the congressional committees of jurisdiction.

Provides that an allegation against the Special Counsel of the Office of Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Committee to the same extent and in the same manner as an allegation against an IG.

Declares that: (1) this Act does not eliminate access to the Merit Systems Protection for review; and (2) Executive Order 12805, dated May 11, 1992, and Executive Order 12993, dated March 21, 1996, have no force or effect. Requires the IG to adopt policies and procedures to implement this Act that include, to the maximum extent practicable, all provisions in such orders.

(Sec. 8) Requires: (1) each IG to annually transmit a budget estimate and request to the head of the entity to which he or she reports; (2) such requests to specify the funds requested for operations, training needs, and Council support; (3) the head of each entity to include in a proposed budget to the President amounts for such purposes and its IG's comments on the proposal; and (4) the President to include in each U.S. budget submitted to Congress a statement of each IG's budget estimates, the amounts for such purposes requested by the President, and any comments of an IG who concludes that the budget submitted would substantially inhibit the IG from performing the duties of office.

(Sec. 10) Includes designated federal entities within the definition of &quot;authority&quot; for purposes of provisions concerning administrative remedies for false claims and statements.

(Sec. 11) Empowers IGs of designated federal entities with the same law enforcement authority provided to other IGs. 

(Sec. 12) Provides for the application of semiannual reporting requirements concerning the activities of IG offices to inspection and evaluation reports.

(Sec. 13) Requires agencies to maintain on their website homepages direct links to the website of their IG office. Requires each IG to: (1) post reports and audits no later than three working days after such reports or audits are made publicly available; and (2) maintain a direct link on the office's website homepage for individuals to report waste, fraud, and abuse. Provides that reporting individuals shall not be required to provide personally identifying information. Prohibits agency IGs from disclosing the identity of any individual making a report without consent unless such a disclosure is unavoidable during the course of the investigation.

(Sec. 14) Considers each IG office to be a separate federal agency.

Authorizes the Treasury Inspector General for Tax Administration to help provide physical security for Internal Revenue Service (IRS) employees.

(Sec. 15) Requires the Government Accountability Office (GAO) to report: (1) to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Government Reform on the adequacy of mechanisms to ensure accountability of IG offices; and (2) to the congressional committees of jurisdiction on the implementation IG pay provisions.


Legislative actions:
action_date: 2008-04-24
text: Held at the desk.
action_date: 2008-04-24
text: Message on Senate action sent to the House.
action_date: 2008-04-24
text: Received in the House.
action_date: 2008-04-23
text: Passed Senate with amendments by Unanimous Consent. (text: CR S3328-3332)
action_date: 2008-04-23
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR S3328-3332)
action_date: 2008-04-23
text: Measure laid before Senate by unanimous consent. (consideration: CR S3323-3332; text of measure as reported in House: CR S3323-3327)
action_date: 2008-02-22
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 578.
action_date: 2008-02-22
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman under authority of the order of the Senate of 02/14/2008 with amendments. With written report No. 110-262.
action_date: 2008-02-22
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman under authority of the order of the Senate of 02/14/2008 with amendments. With written report No. 110-262.
action_date: 2007-11-14
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
action_date: 2007-11-08
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S14194-14198)
action_date: 2007-11-08
text: Sponsor introductory remarks on measure. (CR S14193-14194)
action_date: 2007-11-08
text: Introduced in Senate