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P.L. 110-409, The Improving Government Accountability Act
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Comparing revision saved on November 26, 2007, 19:09:58 (webmaster), with revision saved on November 12, 2008, 20:06:27 (webmaster):
H.R. 928 would amend the Inspector General Act of 1978 to enhance the independence of the Inspectors General, and create a Council of the Inspectors General on Integrity and Efficiency.
== Detailed Summary ==
<summary>
Improving Government AccountabilityInspector General Reform Act of 2008 - (Sec. 2) Amends the Inspector General Act of 1978 to allow an Inspectorrequire Inspectors General (IG)(IGs) for designated federal entities to be removed from office priorappointed without regard to the expiration of his or her term onlypolitical affiliation and solely on the grounds of permanent incapacity, inefficiency, neglect of duty, malfeasance, or conviction of a felony or conduct involving moral turpitude. Requires the head of a federal entity that intends to remove an IG from office or transfer an IG to another position or location within the entity to communicate the reasons to both Housesbasis of Congress at least 30 days before such removalintegrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or transfer.investigations.
Establishes(Sec. 3) Requires the termPresident and the heads of office of eachdesignated federal entities to communicate to Congress in writing the reasons for removing or transferring an IG as seven years and permits reappointment. no later than 30 days before such removal or transfer.
(Sec. 3) Authorizes an IG to annually transmit an appropriation estimate and request to the Director of the Office of Management and Budget (OMB) and to the appropriate congressional committees, in addition to the head of the establishment concerned. Requires the President to include in each annual budget specified IG appropriation information.
(Sec. 4) Establishes within the executive branch the Inspectors General Council, the mission of which shall be to increase the professionalism and effectiveness of personnel in 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 Office of Inspector General 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; and (5) make such reports to the Congress as the Chairperson determines are necessary or appropriate.
Declares that(Sec. 4) Sets the creation and operationpay 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 Council shall not affect:senior level executives of their entity. Limits the total increase in pay to such IGs for any pay adjustments made before FY2013. Prohibits: (1) the Departmentpay of Justice's (DOJ) preeminent policy-setting role in law enforcement and litigation; (2)such an IG from being less than the authorityaverage total compensation of the senior level executives of that entity calculated on an annual basis; or responsibilities(2) the pay of specified career federal employees, not including any government agencybonus or entity; and (3)performance award, from being reduced as a result of being appointed to the authority or responsibilitiesposition of Council members.Inspector General.
Establishes an Integrity Committee for the Council to review and refer for investigation allegations that are made against(Sec. 5) Prohibits IGs and certain staff of the IG Offices. 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 Councilfrom receiving cash awards 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 any Committee report.bonuses.
Requires the Committee Chairperson(Sec. 6) Requires each IG to: (1) appoint a Counsel to submitthe IG; (2) obtain the services of a reportcounsel appointed by and directly reporting to another IG on a reimbursable basis; or (3) obtain the resultsservices of any investigation that substantiates any allegation to the Council's Executive Chairperson within 180 days and to Congress within 30 days after submission toCouncil of the Executive Chairperson.Inspectors General on Integrity and Efficiency's staff on a reimbursable basis.
Declares(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 Executive Order 12805, dated May 11, 1992,transcend individual government agencies; and Executive Order 12993, dated March 21, 1996, have no force(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 effect.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.
(Sec. 5) Prohibits IGs from receiving cash awards or cast bonuses. Sets forthAllows the basic pay for IGs.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.
(Sec. 6) Considers each Office of IGAuthorizes the Council to: (1) establish in the Treasury a revolving fund to be called the Inspectors General Council Fund; or (2) enter into an arrangement with a separate federal agency.department or agency to use an existing revolving fund. Authorizes such Fund to be used to implement the Council's functions and duties and to maintain training academies.
Empowers IGsEstablishes an Integrity Committee for the Council to review and refer for investigation allegations of certain designated federal entitieswrongdoing 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 same law enforcement authority providedmost 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 other IGs. Committee reports.
Authorizes the Treasury Inspector GeneralSets forth reporting requirements for Tax Administrationthe Committee and the Council. Requires the Council to provide physical security in protectingdetailed 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 Internal Revenue Service (IRS).congressional committees of jurisdiction.
RequiresProvides that an allegation against the Comptroller GeneralSpecial Counsel of the Office of Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Committee to report to Congress on agencies' cooperationthe same extent and in providing information to the Government Accountability Office (GAO).same manner as an allegation against an IG.
(Sec. 7) Includes certain designated federal entities withinDeclares that: (1) this Act does not eliminate access to the definition of "authority"Merit Systems Protection Board for purposesreview; and (2) Executive Order 12805, dated May 11, 1992, and Executive Order 12993, dated March 21, 1996, shall have no force or effect beginning on the earlier of federal provisions concerning administrative remedies for false claimsthe date on which the Council becomes operational or 180 days after this Act's enactment. Requires the Council to be operational no later than 180 days after this Act's enactment. Requires the IG to adopt policies and statements.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 "authority" 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 with respect 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.
Makes conforming changes to the Financial Services and General Government Appropriations Act, 2008 and repeals provisions that require each Office of Inspector General to provide a website service to allow an individual to request automatic receipt of related information and receive its electronic transmittal or notice of its availability without further request.
(Sec. 14) Considers each IG office to be a separate federal agency.
Provides that the Treasury Inspector General for Tax Administration may provide physical security for Internal Revenue Service (IRS) employees but shall not be responsible for protecting the Commissioner of Internal Revenue.
</summary>
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== Status of the Legislation ==
<status>
Latest Major Action: 10/4/2007: Referred10/3/2008: Presented to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.President.
</status>
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== Points in Favor ==
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== Points Against ==
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Visitor Comments
Accountability
October 9, 2007, 9:01pm (report abuse)Government accountability is good. Let's pass this one.