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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- This item is from the 110th Congress (2007-2008) and is no longer current.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 September 29, 2008, 08:01:06 (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 groundsbasis of permanent incapacity, inefficiency, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of aintegrity and demonstrated ability in accounting, auditing, financial analysis, law, gross mismanagementmanagement analysis, public administration, or waste of funds, or abuse of authority.investigations.
Requires(Sec. 3) Requires the headPresident and the heads of adesignated federal entity that intendsentities to remove from officecommunicate to Congress in writing the reasons for removing or transfertransferring an IG to communicate the reasons to both Houses of Congress at leastno later than 30 days before such removal or transfer.
Establishes the term of office of each IG as seven years and permits reappointment. Requires: (1) a committee of IGs of the Inspectors General Council to review nominations of IGs and provide the results to the Senate prior to the confirmation process; and (2) the head of the designated federal entity to ask such committee for a report on the qualifications of each final candidate for IG and to review such report before appointing an IG.
(Sec. 3) Requires an IG to annually inform the appropriate committees of Congress if the budget request submitted by the head of the relevant establishment would substantially inhibit the IG from performing the duties of the office. Requires the President to include in each annual budget a separate statement of the amount of appropriations requested by each IG.
(Sec. 4) Establishes withinSets the executive branch the Inspectors General Council to coordinate and enhance governmental efforts to promote integrity and efficiency and to detect and prevent fraud, waste, and abuse in federal programs.pay for presidentially appointed IGs at Executive Schedule III plus 3%. Requires the Council to: (1) continually identify, review, and discuss areasIGs of weakness and vulnerability indesignated federal programs and operations with respectentities 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 and professional standards that will aid in the maintenancebe classified at a grade, level, or rank designation at or above those of a corpsmajority of well-trained and highly skilled Officethe senior level executives of Inspector General personnel; (4) maintain electronic systemstheir entity. Limits the total increase in pay to such IGs for any pay adjustments made before FY2013. Prohibits: (1) the benefitpay of all IGs and onesuch an IG from being less than the average total compensation of the senior level executives of that entity calculated on an annual basis; or more academies for(2) the professional trainingpay of auditors, investigators, inspectors, evaluators, and other personnel; and (5) reportspecified career federal employees, not including any bonus or performance award, from being reduced as a result of being appointed to Congress.the position of Inspector General.
Declares that the creation and operation of the Council shall not affect: (1) the Department of Justice's (DOJ) preeminent policy-setting role in law enforcement and litigation; (2) the authority(Sec. 5) Prohibits IGs from receiving cash awards or responsibilities of any government agency or entity; and (3) the authority or responsibilities of Council members.bonuses.
Establishes an Integrity Committee for the Council to review and refer for investigation allegations that are made against IGs and certain staff of the(Sec. 6) Requires each IG Offices. Sets forth requirements concerning when an IG must refer allegations against its staffto: (1) appoint a Counsel to the Committee. Requires investigations to be conducted in accordance withIG; (2) obtain the most current Quality Standards for Investigations issuedservices of a counsel appointed by the Counciland directly reporting to another IG on a reimbursable basis; or its predecessors. Requires(3) obtain the Committee, in conjunction withservices of 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) reportingof the results of investigations;Inspectors General on Integrity and (4) providing people who are subjects of investigations with opportunities to respond to any Committee report. Efficiency's staff on a reimbursable basis.
Sets forth reporting requirements for(Sec. 7) Establishes within the Committeeexecutive 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 Council.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 provide detailed information about specific allegations upon request fromfraud, 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 chairman or ranking membermaintenance of the House Committee on Oversighta corps of well-trained and Government Reform,highly skilled IG office personnel; (4) maintain electronic systems for the Senate Committee on Homeland Security and Governmental Affairs,benefit of all IGs and one or more academies for the congressional committeesprofessional training of jurisdiction.auditors, investigators, inspectors, evaluators, and other personnel; (5) submit individuals' recommendations for any IG appointment to the appropriate authority; and (6) report to Congress.
Declares thatAllows the Council's Executive Order 12805, dated May 11, 1992, and Executive Order 12993, dated March 21, 1996, have no force or effect. RequiresChairperson to authorize the use of interagency funding for: (1) government-wide training of IG to adopt policiesoffice employees; and procedures to implement this Act that include, to(2) the functions of the Integrity Committee of the maximum extent practicable, all provisions in such orders.Council.
(Sec. 5) Prohibits IGs from receiving cash awardsAuthorizes 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 department or cash bonuses. Sets forthagency to use an existing revolving fund. Authorizes such Fund to be used to implement the basic pay for IGs.Council's functions and duties and to maintain training academies.
(Sec. 6) Considers each OfficeEstablishes 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 a separate federal agency.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.
Empowers IGs of certain designated federal entities withSets forth reporting requirements for the same law enforcement authority providedCommittee and the Council. Requires the Council to other IGs. 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.
RequiresProvides that an IG toallegation against the Special Counsel of the Office of Special Counsel or the Deputy Special Counsel may be appointed without regard to political affiliationreceived, reviewed, and solely onreferred for investigation by the basis of integrityCommittee to the same extent and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.the same manner as an allegation against an IG.
AuthorizesDeclares that: (1) this Act does not eliminate access to the Treasury Inspector GeneralMerit Systems Protection Board for Tax Administrationreview; 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 the date on which the Council becomes operational or 180 days after this Act's enactment. Requires the Council to provide physical security in protectingbe operational no later than 180 days after this Act's enactment. Requires the Internal Revenue Service (IRS).IG to adopt policies and procedures to implement this Act that include, to the maximum extent practicable, all provisions in such orders.
Requires(Sec. 8) Requires: (1) each IG to annually transmit a budget estimate and request to the Comptroller Generalhead of the entity to reportwhich he or she reports; (2) such requests to Congressspecify 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 agencies' cooperationthe proposal; and (4) the President to include in providing informationeach 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 Government Accountability Office (GAO).duties of office.
(Sec. 7)10) Includes certain designated federal entities within the definition of "authority" for purposes of federal provisions concerning administrative remedies for false claims and statements.
(Sec. 8) Provides for the application11) Empowers IGs of semiannual reporting requirements concerningdesignated federal entities with the activities of IG offices with respectsame law enforcement authority provided to inspection and evaluation reports.other IGs.
(Sec. 9) Requires agencies to establish and maintain on their website homepages direct links to12) Provides for the websiteapplication of semiannual reporting requirements concerning the Officeactivities of the Inspector General of that agency. Requires the IG of each agency to: (1) post reports and audits no later than one day after such reports or audits are made publicly available; (2) provide specified web services; and (3) establish and maintain a direct link on the Office of the Inspector General's website homepage for individualsoffices to report waste, fraud,inspection and abuse.evaluation reports.
(Sec. 10) Repeals a requirement that the DOJ's IG refer13) Requires agencies to maintain on their website homepages direct links to the Counsel, Office of Professional Responsibilitywebsite of the Department, allegations of misconduct involving Department attorneys, investigators,their IG office. Requires each IG to: (1) post reports and audits no later than three working days after such reports or law enforcement personnel, whereaudits are made publicly available; and (2) maintain a direct link on the allegations relateoffice'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 exerciseidentity of any individual making a report without consent unless such a disclosure is unavoidable during the authoritycourse of an attorney to investigate, litigate, or provide legal advice.the investigation.
(Sec. 11) Makes itMakes conforming changes to the principal dutyFinancial Services and General Government Appropriations Act, 2008 and responsibility ofrepeals provisions that require each entity's IG to review annually the operations, efficiency, and effectivenessOffice of federal programs within his or her entity and submit annuallyInspector General to Congress and the President recommendations, accompanied by proposed legislation, on whetherprovide a website service to allow an abolishment, reorganization, consolidation, or transferindividual to request automatic receipt of existing federal programsrelated information and agencies is necessary to: (1) reduce federal expenditures; (2) increase efficiencyreceive its electronic transmittal or notice of government operations; (3) eliminate overlap and duplication inits availability without further request.
(Sec. 14) Considers each IG office to be a separate federal programs and offices; (4) abolish agencies or programsagency.
Provides that no longer serve an important governmental purpose; and (5) identify reductions in amountsthe 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 discretionary budget authority or direct spending that can be dedicated to federal deficit reduction.Internal Revenue.
</summary>
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== Status of the Legislation ==
<status>
Latest Major Action: 9/27/2008: Cleared for White House.10/3/2008: Presented to 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.