P.L. 110-409, The Improving Government Accountability Act

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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

Improving Government Accountability Act - (Sec. 2) Amends the Inspector General Act of 1978 to allow an Inspector General (IG) to be removed from office prior to the expiration of his or her term only 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 Houses of Congress at least 30 days before such removal or transfer.

Establishes the term of office of each IG as seven years and permits reappointment.

(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 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 or responsibilities of any government agency or entity; and (3) the authority or responsibilities of Council members.

Establishes an Integrity Committee for the Council to review and refer for investigation allegations that are made against 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 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 any Committee report.

Requires the Committee Chairperson to submit a report on the results of any investigation that substantiates any allegation to the Council's Executive Chairperson within 180 days and to Congress within 30 days after submission to the Executive Chairperson.

Declares that Executive Order 12805, dated May 11, 1992, and Executive Order 12993, dated March 21, 1996, have no force or effect.

(Sec. 5) Prohibits IGs from receiving cash awards or cast bonuses. Sets forth the basic pay for IGs.

(Sec. 6) Considers each Office of IG to be a separate federal agency.

Empowers IGs of certain designated federal entities with the same law enforcement authority provided to other IGs.

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

Requires the Comptroller General to report to Congress on agencies' cooperation in providing information to the Government Accountability Office (GAO).

(Sec. 7) 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 application of semiannual reporting requirements concerning the activities of IG offices with respect to inspection and evaluation reports.

Status of the Legislation

Latest Major Action: 10/4/2007: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Points in Favor

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Points Against

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