[DOCID: f:hr354.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-354
======================================================================
IMPROVING GOVERNMENT ACCOUNTABILITY ACT
_______
September 27, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 928]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom was
referred the bill (H.R. 928) to amend the Inspector General Act
of 1978 to enhance the independence of the Inspectors General,
to create a Council of the Inspectors General on Integrity and
Efficiency, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 8
Background and Need for Legislation.............................. 8
Legislative History.............................................. 10
Section-by-Section............................................... 10
Explanation of Amendments........................................ 13
Committee Consideration.......................................... 13
Roll Call Votes.................................................. 13
Application of Law to the Legislative Branch..................... 14
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 14
Statement of General Performance Goals and Objectives............ 14
Constitutional Authority Statement............................... 14
Federal Advisory Committee Act................................... 14
Unfunded Mandates Statement...................................... 14
Earmark Identification........................................... 14
Committee Estimate............................................... 15
Budget Authority and Congressional Budget Office Cost Estimate... 15
Changes in Existing Law Made by the Bill, as Reported............ 18
Additional Views................................................. 32
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Improving Government
Accountability Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Enhancing independence of Inspectors General.
Sec. 3. Direct submission of budget requests to Congress.
Sec. 4. Establishment of Council of the Inspectors General on Integrity
and Efficiency.
Sec. 5. Pay and bonuses of Inspectors General.
Sec. 6. Miscellaneous enhancements.
Sec. 7. Program Fraud Civil Remedies Act.
Sec. 8. Application of semiannual reporting requirements with respect
to inspection reports and evaluation reports.
SEC. 2. ENHANCING INDEPENDENCE OF INSPECTORS GENERAL.
(a) Removal for Cause.--The Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in section 3(b) by adding at the end the following: ``An
Inspector General may be removed from office prior to the
expiration of his or her term only on any of the following
grounds:
``(1) Permanent incapacity.
``(2) Inefficiency.
``(3) Neglect of duty.
``(4) Malfeasance.
``(5) Conviction of a felony or conduct involving moral
turpitude.''; and
(2) in section 8G(e) by striking ``an Inspector General'' and
all that follows through the period at the end and inserting
the following: ``the head of a designated Federal entity
intends to remove an Inspector General from office or transfer
an Inspector General to another position or location within
such designated Federal entity, the head of such entity shall
communicate in writing the reasons for any such removal or
transfer to both Houses of Congress at least 30 days before
such removal or transfer.''.
(b) Establishment of Terms of Office.--The Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in section 3 by adding at the end the following:
``(e)(1) The term of office of each Inspector General shall be seven
years. An individual may serve for more than one term in such office.
Any individual appointed and confirmed to fill a vacancy in such
position, occurring before the expiration of the term for which his or
her predecessor was appointed, shall be appointed and confirmed for a
full seven-year term.
``(2) An individual may continue to serve as Inspector General beyond
the expiration of the term for which the individual is appointed until
a successor is appointed and confirmed, except that such individual may
not continue to serve for more than 1 year after the date on which the
term would otherwise expire under paragraph (1).''; and
(2) in section 8G(c) by inserting ``(1)'' after ``(c)'', and
by adding at the end the following:
``(2) The term of office of each Inspector General shall be seven
years. An individual may serve for more than one term in such office.
Any individual appointed to fill a vacancy in such position, occurring
before the expiration of the term for which his or her predecessor was
appointed, shall be appointed for a full 7-year term.''.
(c) Application.--The amendments made by this section shall apply to
any Inspector General appointed on or after the date of the enactment
of this Act.
SEC. 3. DIRECT SUBMISSION OF BUDGET REQUESTS TO CONGRESS.
Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(f)(1) For each fiscal year, an Inspector General may transmit an
appropriation estimate and request to the Director of the Office of
Management and Budget and to the appropriate committees or
subcommittees of the Congress, in addition to any appropriation
estimate and request submitted to the head of the establishment
concerned.
``(2) The President shall include in each budget of the United States
Government submitted to the Congress--
``(A) a separate statement of the amount of appropriations
requested by each Inspector General who has submitted an
appropriation estimate under paragraph (1); and
``(B) a statement comparing each such appropriation estimate
and request submitted by an Inspector General and the funds
requested by the head of the establishment concerned.''.
SEC. 4. ESTABLISHMENT OF COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY
AND EFFICIENCY.
(a) Establishment.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended by redesignating sections 11 and 12 in order as sections 12
and 13, and by inserting after section 10 the following new section:
``establishment of the council of the inspectors general on integrity
and efficiency
``Sec. 11. (a) Establishment.--There is established as an
independent entity within the executive branch the Inspectors General
Council (in this section referred to as the `Council'). The Council's
mission shall be to 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 Central
Intelligence Agency and the Government Printing Office.
``(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.
``(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 one 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 two 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 with
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 will
assist the Council in performing its functions.
``(B) Chairperson.--The Chairperson shall--
``(i) convene meetings of the Council--
``(I) at least six times each year;
``(II) monthly to the extent
possible; and
``(III) more frequently at his or her
discretion;
``(ii) exercise 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
subsection (b)(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 availability of
appropriations and 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, 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 a report
annually on behalf of the Council to the
President on the activities of the Council.
``(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, Government-wide
activities that address these problems and promote
economy and efficiency in Federal programs and
operations, including interagency and inter-entity
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 Web site and other
electronic systems for the benefit of all Inspectors
General, as the Council determines are necessary or
desirable;
``(E) maintain one 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; and
``(F) make such reports to the Congress as the
Chairperson determines are necessary or appropriate.
``(2) Adherence and participation by members.--Each member of
the Council should, 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, adhere to professional standards developed by the
Council and participate in the plans, programs, and projects of
the Council.
``(3) Existing authorities and responsibilities.--The
creation and operation of the Council--
``(A) shall not affect the preeminent policy-setting
role of the Department of Justice in law enforcement
and litigation;
``(B) shall not affect the authority or
responsibilities of any Government agency or entity;
and
``(C) shall not affect the authority or
responsibilities of individual members of the Council.
``(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 certain staff members of the various
Offices of Inspector General.
``(2) Membership.--The Integrity Committee shall consist of
the following members:
``(A) The official of the Federal Bureau of
Investigation serving on the Council, who shall serve
as Chairperson of the Integrity Committee.
``(B) 3 or more 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)).
``(C) The Special Counsel of the Office of Special
Counsel.
``(D) The Director of the Office of Government
Ethics.
``(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 his or her office, 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) Staff member defined.--In this subsection the
term `staff member' means--
``(i) any employee of an Office of Inspector
General who reports directly to an Inspector
General; or
``(ii) who 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.--The Integrity Committee shall--
``(A) review all allegations of wrongdoing it
receives against an Inspector General, or against a
staff member of an Office of Inspector General; and
``(B) refer to the Chairperson of the Integrity
Committee any allegation of wrongdoing determined by
the Integrity Committee to be meritorious that cannot
be referred to an agency of the executive branch with
appropriate jurisdiction over the matter.
``(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) may provide resources 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
pursuant to 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.--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; and
``(iv) providing the person who is the
subject of an investigation with an opportunity
to respond to any Integrity Committee report.
``(C) Report.--With respect to any investigation that
substantiates any allegation referred to the
Chairperson of the Integrity Committee under paragraph
(5)(B), the Chairperson of the Integrity Committee
shall--
``(i) submit to the Executive Chairperson of
the Council a report on the results of such
investigation, within 180 days (to the maximum
extent practicable) after the completion of the
investigation; and
``(ii) submit to Congress a copy of such
report within 30 days after the submission of
such report to the Executive Chairperson under
clause (i).
``(8) 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.
``(e) Application.--The provisions of this section apply only to the
Inspectors General (and their offices) listed in subsection (b)(1)(A)
and (B).''.
(b) Existing Executive Orders.--Executive Order 12805, dated May 11,
1992, and Executive Order 12993, dated March 21, 1996, shall have no
force or effect.
(c) Conforming Amendments.--
(1) Inspector general act of 1978.--The Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(A) in sections 2(1), 4(b)(2), and 8G(a)(1)(A) by
striking ``section 11(2)'' each place it appears and
inserting ``section 12(2)''; and
(B) in section 8G(a), in the matter preceding
paragraph (1), by striking ``section 11'' and inserting
``section 12''.
(2) Title 31, u.s.c.--Section 1105(a) of title 31, United
States Code, is amended by striking the first paragraph (33)
and inserting the following:
``(33) a separate appropriation account for appropriations
for the Inspectors General Council, and, included in that
account, a separate statement of the aggregate amount of
appropriations requested for each academy maintained by the
Inspectors General Council.''.
SEC. 5. PAY AND BONUSES OF INSPECTORS GENERAL.
(a) Prohibition of Cash Bonus or Awards.--Section 3 of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended by the preceding
provisions of this Act, is further amended by adding at the end the
following:
``(f) An Inspector General (as defined under section 8G(a)(6) or
11(3)) may not receive any cash award or cash bonus, including any cash
award under chapter 45 of title 5, United States Code.''.
(b) Inspectors General at Level III of Executive Schedule.--
(1) In general.--Section 3 of the Inspector General Act of
1978 (5 U.S.C. App.), as amended by the preceding provisions of
this Act, is further amended by adding at the end the
following:
``(g) The annual rate of basic pay for an Inspector General (as
defined under section 11(3)) shall be the rate payable for level III of
the Executive Schedule under section 5314 of title 5, United States
Code, plus 3 percent.''.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking the item relating to each
of the following positions:
(A) Inspector General, Department of Education.
(B) Inspector General, Department of Energy.
(C) Inspector General, Department of Health and Human
Services.
(D) Inspector General, Department of Agriculture.
(E) Inspector General, Department of Housing and
Urban Development.
(F) Inspector General, Department of Labor.
(G) Inspector General, Department of Transportation.
(H) Inspector General, Department of Veterans
Affairs.
(I) Inspector General, Department of Homeland
Security.
(J) Inspector General, Department of Defense.
(K) Inspector General, Department of State.
(L) Inspector General, Department of Commerce.
(M) Inspector General, Department of the Interior.
(N) Inspector General, Department of Justice.
(O) Inspector General, Department of the Treasury.
(P) Inspector General, Agency for International
Development.
(Q) Inspector General, Environmental Protection
Agency.
(R) Inspector General, Export-Import Bank.
(S) Inspector General, Federal Emergency Management
Agency.
(T) Inspector General, General Services
Administration.
(U) Inspector General, National Aeronautics and Space
Administration.
(V) Inspector General, Nuclear Regulatory Commission.
(W) Inspector General, Office of Personnel
Management.
(X) Inspector General, Railroad Retirement Board.
(Y) Inspector General, Small Business Administration.
(Z) Inspector General, Tennessee Valley Authority.
(AA) Inspector General, Federal Deposit Insurance
Corporation.
(BB) Inspector General, Resolution Trust Corporation.
(CC) Inspector General, Central Intelligence Agency.
(DD) Inspector General, Social Security
Administration.
(EE) Inspector General, United States Postal Service.
(3) Savings provision.--Nothing in this subsection shall have
the effect of reducing the rate of pay of any individual
serving as an Inspector General on the effective date of this
subsection.
(c) Inspectors General of Designated Federal Entities.--
Notwithstanding any other provision of law, the Inspector General of
each designated Federal entity (as those terms are defined under
section 8G of the Inspector General Act of 1978) shall, for pay and all
other purposes, be classified at a grade, level, or rank designation,
as the case may be, comparable to those of a majority of the senior
staff members of such designated Federal entity (such as, but not
limited to, a General Counsel, Deputy Director, or Chief of Staff) that
report directly to the head of such designated Federal entity. The head
of a designated Federal entity shall set the annual rate of basic pay
for an Inspector General (as defined under such section 8G) 3 percent
above the annual rate of basic pay for senior staff members classified
at a comparable grade, level, or rank designation (or, if those senior
staff members receive different rates, the annual rate of basic pay for
a majority of those senior staff members, as determined by the head of
the designated Federal entity concerned).
SEC. 6. MISCELLANEOUS ENHANCEMENTS.
(a) Offices as Discrete Agencies.--Section 6(d) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended to read as follows:
``(d)(1)(A) For purposes of applying the provisions of law identified
in subparagraph (B)--
``(i) each Office of Inspector General shall be considered to
be a separate agency; and
``(ii) the Inspector General who is the head of an office
referred to in clause (i) shall, with respect to such office,
have the functions, powers, and duties of an agency head or
appointing authority under such provisions.
``(B) This paragraph applies with respect to the following provisions
of title 5, United States Code:
``(i) Subchapter II of chapter 35.
``(ii) Sections 8335(b), 8336, 8414, and 8425(b).
``(iii) All provisions relating to the Senior Executive
Service (as determined by the Office of Personnel Management),
subject to paragraph (2).
``(2) For purposes of applying section 4507(b) of title 5, United
States Code, paragraph (1)(A)(ii) shall be applied by substituting `the
Council of the Inspectors General on Integrity and Efficiency
(established by section 11 of the Inspector General Act) shall' for
`the Inspector General who is the head of an office referred to in
clause (i) shall, with respect to such office,'.''.
(b) Subpoena Power.--Section 6(a)(4) of the Inspector General Act of
1978 (5 U.S.C. App.), is amended--
(1) by inserting ``in any medium (including electronically
stored information, as well as any tangible thing)'' after
``other data''; and
(2) by striking ``subpena'' and inserting ``subpoena''.
(c) Law Enforcement Authority for Designated Federal Entities.--
Section 6(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in paragraph (1) by striking ``appointed under section
3''; and
(2) by adding at the end the following:
``(9) In this subsection the term `Inspector General' means an
Inspector General appointed under section 3 or an Inspector General
appointed under section 8G.''.
(d) Authority of Treasury Inspector General for Tax Administration to
Protect Internal Revenue Service Employees.--Section 8D(k)(1)(C) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking
``and the providing of physical security''.
(e) Amendment Relating to Authority of Comptroller General to
Administer Oaths.--Section 711 of title 31, United States Code, is
amended in paragraph (4) by striking ``when auditing and settling
accounts'' and inserting ``upon the specific approval only of the
Comptroller General or the Deputy Comptroller General''.
(f) Amendments Relating to Comptroller General Reports.--
(1) Section 719(b)(1) of title 31, United States Code, is
amended--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period and inserting ``; and'' at
the end of subparagraph (C); and
(C) by adding at the end the following new
subparagraph:
``(D) for Federal agencies subject to sections 901 to 903 of
this title and other agencies designated by the Comptroller
General, an assessment of their overall degree of cooperation
in making personnel available for interview, providing written
answers to questions, submitting to an oath authorized by the
Comptroller General under section 711 of this title, granting
access to records, providing timely comments to draft reports,
adopting recommendations in reports, and responding to such
other matters as the Comptroller General considers
appropriate.''.
(2) Section 719(c) of such title is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking the period and inserting ``; and'' at
the end of paragraph (3); and
(C) by adding at the end the following new paragraph:
``(4) as soon as practicable when an agency or other entity
does not, within a reasonable period of time after a request by
the Comptroller General, make personnel available for
interview, provide written answers to questions, or submit to
an oath authorized by the Comptroller General under section 711
of this title.''.
SEC. 7. PROGRAM FRAUD CIVIL REMEDIES ACT.
Section 3801(a)(1) of title 31, United States Code, is amended by
striking ``and'' after the semicolon at the end of subparagraph (C), by
adding ``and'' after the semicolon at the end of subparagraph (D), and
by adding at the end the following:
``(E) a designated Federal entity (as such term is
defined under section 8G(a)(2) of the Inspector General
Act of 1978).''.
SEC. 8. APPLICATION OF SEMIANNUAL REPORTING REQUIREMENTS WITH RESPECT
TO INSPECTION REPORTS AND EVALUATION REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in subsection (a)(6)--
(A) by inserting ``, inspection report, and
evaluation report'' after ``audit report''; and
(B) by striking ``audit'' the second place it
appears;
(2) in each of subsections (a)(8), (a)(9), (b)(2), and
(b)(3)--
(A) by inserting ``, inspection reports, and
evaluation reports'' after ``audit reports'' the first
place it appears; and
(B) by striking ``audit'' the second place it
appears; and
(3) in subsection (a)(10) by inserting ``, inspection report,
and evaluation report'' after ``audit report''.
Purpose and Summary
H.R. 928, the Improving Government Accountability Act, was
introduced by Rep. Cooper on February 8, 2007. H.R. 928 updates
the Inspector General Act of 1978 to promote independence and
accountability for Inspectors General in executive branch
departments and agencies.
The bill includes provisions for (1) a defined term of
office for the Inspectors General and conditions for removal,
(2) Inspectors General to submit their budgets directly to the
Office of Management and Budget (OMB) and Congress, (3) the
statutory establishment of a combined President's Council on
Integrity and Efficiency and Executive Council on Integrity and
Efficiency, (4) pay reform for Inspectors General, (5) changes
in Inspector General investigative and law enforcement
authorities, (6) the application of semiannual reporting
requirements with respect to inspection reports and evaluation
reports, and (7) enhanced authority for the Government
Accountability Office (GAO).
Background and Need for Legislation
The Inspector General Act of 1978 (IG Act) created
independent offices in executive departments and agencies
headed by Inspectors General. Inspectors General serve as the
principal watchdogs of the nation's major federal agencies and
are responsible for conducting and supervising audits and
investigations in an effort to prevent and detect fraud and
abuse in their agencies' programs and operations.
Investigations by Inspectors General have resulted in the
recovery of billions of dollars from companies and individuals
who defrauded the federal government. These investigations have
led to thousands of criminal prosecutions, debarments,
exclusions, and suspensions. In 2006 alone, audits by Inspector
General offices resulted in $9.9 billion in potential savings
from audit recommendations and $6.8 billion in investigative
recoveries.
The Inspectors General established by the IG Act are either
appointed by the President with Senate confirmation
(presidential IGs) or appointed by their agency heads in
designated federal entities (DFE IGs). There are currently 58
Inspector General offices established under the IG Act with 29
presidential IGs and 29 DFE IGs. The presidential IGs are
members of the President's Council on Integrity and Efficiency
(PCIE) and the DFE IGs are part of the Executive Council on
Integrity and Efficiency (ECIE). Both councils are chaired by
the Deputy Director for Management in the Office of Management
and Budget, and were established by Executive Order to
coordinate IG activities across government.
By investigating and reporting waste, fraud, and abuse to
both agency leaders and to the Congress, Inspectors General
play a critical role in maintaining checks and balances in the
federal government. To effectively carry out their mission,
Inspectors General must be independent and objective, which
requires that they be insulated from improper management and
political pressure. To preserve the credibility of the office,
Inspectors General must also perform their duties with
integrity and apply the same standards of conduct and
accountability to themselves as they apply to the agencies that
they audit and investigate.
Interference by agency management, the absence of input or
control by Inspectors General into their office budgets, and
campaigns by management to remove Inspectors General who are
aggressive in their investigations all may jeopardize the
independence of the Inspector General. At the same time, a lack
of consistent and credible mechanisms for investigating and
resolving allegations of misconduct by Inspectors General may
threaten accountability and credibility.
Recent incidents demonstrating issues with independence and
accountability include the following:
<bullet> Department of State Inspector General Howard
Krongard allegedly interfered with numerous ongoing
investigations to protect the State Department and White House
from political embarrassment. According to current and former
employees of the Office of Inspector General, Mr. Krongard's
strong affinity with State Department leadership, support for
the current administration, and partisan political ties have
led him to halt investigations, censor reports, and refuse to
cooperate with law enforcement agencies.
<bullet> NASA Inspector General Robert Cobb allegedly
suppressed investigations and penalized his own investigators
for pursuing allegations of theft, safety violations, and other
wrongdoing. After a six-month investigation, the Integrity
Committee the President's Council on Integrity and Efficiency
determined that Mr. Cobb had abused his authority and created a
hostile work environment, and had not maintained an appearance
of independence from NASA officials. All members of the
committee believed that disciplinary action, up to and
including removal, could be appropriate. Mr. Cobb rejected the
findings of the Integrity Committee and calls for his
resignation from leaders of NASA's congressional oversight
committees. He remains in office.
<bullet> Department of Commerce Inspector General Johnnie
Frazier was under investigation for taking trips with no
apparent official purpose at government expense, retaliating
against employees who objected and refused to sign the travel
vouchers, and destroying emails after he was informed of an
investigation into his travel. A report from the Office of
Special Counsel recently concluded that he illegally retaliated
against employees who challenged his conduct by demoting them.
Mr Frazier retired effective June 29, 2007.
<bullet> Former Smithsonian Institution Inspector General
Debra Ritt stated that former Smithsonian Secretary Lawrence M.
Small tried to pressure her to drop an audit of high-ranking
officials and their business expenses. Ms. Ritt moved ahead
with the audit, which found excessive spending on travel and
other expenses by top Smithsonian officials and led to Small's
resignation. However, Ms. Ritt resigned as Smithsonian
Inspector General shortly afterward, in response to cuts in the
Inspector General office budget.
<bullet> Legal Services Corporation (LSC) Inspector General
Kirt West was considered for dismissal by the LSC board after
he issued audit reports questioning spending on travel and
expenses for LSC board meetings. The LSC board did not proceed
with removal after intervention from the House Judiciary
Committee.
Other examples of challenges to independence and
accountability have occurred at the General Services
Administration, Special Inspector General for Iraq
Reconstruction, Environmental Protection Agency, Department of
Defense, and Department of Homeland Security, U.S. Postal
Service, and Department of Health and Human Services.
Legislative History
H.R. 928, legislation to enhance independence and
accountability for Inspectors General, was introduced on
February 8, 2007, and referred to the Committee on Oversight
and Government Reform.
The Subcommittee on Government Management, Organization,
and Procurement held a hearing on H.R. 928 on June 20, 2007.
The witnesses were Clay Johnson, Deputy Director for
Management, Office of Management and Budget, Executive Office
of the President and Chair, President's Council on Integrity
and Efficiency and Executive Council on Integrity and
Efficiency; Phyllis K. Fong, Inspector General, U.S. Department
of Agriculture and Chair, Legislation Committee, President's
Council on Integrity and Efficiency; Christine C. Boesz,
Inspector General, National Science Foundation and Vice-Chair,
Executive Council on Integrity and Efficiency; Eleanor J. Hill,
former Inspector General, U.S. Department of Defense; Kenneth
M. Mead, former Inspector General, U.S. Department of
Transportation; Nikki L. Tinsley, former Inspector General,
Environmental Protection Agency; Jeffrey C. Steinhoff, Managing
Director, Financial Management and Assurance, Government
Accountability Office; Vanessa Burrows, Legislative Attorney,
Congressional Research Service; and Fred M. Kaiser, Specialist
in American National Government, Congressional Research
Service.
The Committee held a markup to consider H.R. 928 on August
2, 2007, and ordered the bill to be reported, as amended, by
voice vote.
Section-by-Section
Section 1: Short title
The short title of the bill is the Improving Government
Accountability Act
Section 2: Enhancing independence of Inspectors General
This section enhances independence of Inspectors General by
providing that presidentially appointed Inspectors General may
be removed only for cause, specifically permanent incapacity,
inefficiency, neglect of duty, malfeasance, conviction of a
felony, or conduct involving moral turpitude. Inspectors
General of Designated Federal Entities, i.e. those that are
appointed by agency heads, may not be removed or transferred
unless both Houses of Congress are provided 30 days advance
notice of the reasons for removal or transfer.
The section sets fixed terms of seven years for Inspectors
General, and permits reappointment. Individuals appointed and
confirmed to fill vacancies will serve full 7 year terms.
The section applies to Inspectors General appointed on or
after the date of enactment of this bill.
Section 3: Direct submission of budget requests to Congress
This section gives Inspectors General authority to submit
budget requests to OMB and to Congress, in addition to requests
submitted to the head of their related agency. The President's
budget shall note these separate requests, as well as the
difference between budget requests submitted by Inspectors
General and federal agencies.
Section 4: Establishment of Inspectors General Council
This section establishes in statute an Inspectors General
Council similar to the President's Council on Integrity and
Efficiency and Executive Council on Integrity and Efficiency
established by Executive Orders 12805 and 12993 and supersedes
those Executive Orders.
The Deputy Director of the Office of Management and Budget
shall be the Executive Chairperson of the Council.
A Chairperson shall be elected to a two year term from
among the Inspectors General who comprise the Council. The
Chairperson will convene meetings, manage Council personnel and
other business, establish Committees within the Council, and
write an annual report to the President. The Chairperson shall
appoint a Vice Chairman.
The Council's duties shall be to identify, review, and
formulate plans to promote efficiency and address waste, fraud,
and abuse; to maintain academies for the purpose of training
personnel of the offices of Inspectors General; to maintain a
website; to prepare reports for Congress at the Chairman's
discretion; and to develop professional standards that are
consistent with the Comptroller General's audit standards by
which Council members shall adhere.
The Council shall establish an Integrity Committee, chaired
by the Council's FBI representative. This Integrity Committee
(which already exists within the present PCIE/ECIE structure)
shall investigate any allegations of wrongdoing made against
Inspectors General or their senior staff members and report
substantiated allegations to the executive branch. Reports of
Integrity Committee investigations must be submitted to both
the Executive Chairperson of the Council and to Congress.
Section 5: Pay and bonuses of Inspectors General
This section prohibits Inspectors General from receiving
cash awards or cash bonuses. The section reclassifies
Inspectors General at Executive Schedule Level IV to a level
equivalent to Executive Schedule Level III plus 3% and requires
that Inspectors General of Designated Federal Entities be paid
at a level comparable to other senior staff members of the
agency plus 3%. This section will enhance independence and
stature of Inspector General by increasing their fixed
compensation and eliminating discretionary compensation that
could create a conflict of interest.
Section 6: Miscellaneous enhancements
Section 6(a) provides that Inspectors General, rather than
their associated agency heads, will be considered the ``agency
head'' with regard to Senior Executive Service, Voluntary
Separation Authority, and law enforcement officer retirement
exemptions. The Inspectors General Council, rather than
individual agencies, will be the nominating body for
Presidential Rank Awards for Inspector General personnel.
Section 6(b) extends Inspector General subpoena power to
include documents in any medium (including electronically
stored information, as well as any tangible thing). This
provision brings the subpoena power already enjoyed by
Inspectors General up to date with electronic communications.
The ``tangible things'' power enables Inspector General
investigators to subpoena hard drives and computers.
Section 6(c) authorizes all Inspectors General to apply to
the Justice Department to fully deputize agents to make
arrests, obtain and execute search warrants, and carry
firearms. Presidentially appointed Inspectors General have such
authority under existing law, and this section expands the
authority to Inspectors General of Designated Federal Entities.
Section 6(d) authorizes the Treasury Inspector General for
Tax Administration to protect Internal Revenue Service
employees. This provision will permit TIGTA agents to provide
armed escorts to IRS employees during taxpayer contacts that
are perceived to be high risk, and to engage in other essential
activities to protect the IRS against external attempts to
corrupt or threaten its employees. This section incorporates
the language of H.R. 2527, the Enhanced Protection of the
Internal Revenue Service and Its Employees Act of 2007, a bill
introduced by Rep. Maloney.
Section 6(e) expands the authority of the Comptroller
General to take sworn testimony, and requires the Comptroller
General to assess the cooperation of federal agencies with
Government Accountability Office (GAO) investigations and
promptly report to Congress if agencies refuse to provide
information to GAO.
Section 7: Program Fraud Civil Remedies Act
This section would authorize Inspectors General of
Designated Federal Entities to pursue false claims and recoup
losses resulting from fraud. Under existing law, presidentially
appointed Inspectors General, executive departments, military
departments, and government ``establishments'' which are not
executive departments have the authority to address and
prosecute false claims under $150,000 under authority of the
Program Fraud Civil Remedies Act. This section extends that
authority to Inspectors General of Designated Federal Entities.
Section 8: Application of semiannual reporting requirements with
respect to inspection reports and evaluation reports
This section requires that Inspectors General include not
only audit reports, but other inspection reports and evaluation
reports in their semiannual reports to Congress.
Explanation of Amendments
The following amendments were adopted in Committee:
Mr. Cooper offered an amendment in the nature of a
substitute. The amendment changed the bill as introduced to (1)
specify that the term limits for Inspectors General apply
prospectively, (2) require that reports of investigation from
the Integrity Committee be submitted to Congress within 30 days
of their submission to the Executive Chairperson of the
Inspectors General Council, (3) prohibit Inspectors General
from receiving cash awards or cash bonuses, and (4) reclassify
Inspectors General at Executive Schedule Level IV to Executive
Schedule Level III and require that Inspectors General of
designated federal entities be classified for pay purposes at a
level comparable to other senior staff members of the agency.
The Cooper amendment incorporated H.R. 2527, the Enhanced
Protection of the Internal Revenue Service and Its Employees
Act of 2007, a bill introduced by Rep. Maloney to streamline
authorities of the Treasury Inspector General for Tax
Administration. The Cooper amendment also expanded the
authority of the Comptroller General to take sworn testimony,
and required the Comptroller General to assess the cooperation
of federal agencies with Government Accountability Office (GAO)
investigations and promptly report to Congress if agencies
refuse to provide information to GAO.
Rep. Tom Davis offered an amendment to the Cooper
amendment, passed by voice vote, striking a provision that
Inspectors General of Designated Federal Entities may be
removed only for specified cause, and replacing it with a
provision that an Inspector General of a Designated Federal
Entity may be removed or transferred only after the head of the
federal agency transmits in writing the reasons for such
removal and transfer to both Houses of Congress 30 days prior
to such removal or transfer.
The Cooper amendment in the nature of a substitute, as
amended by the Davis amendment, passed by voice vote.
Committee Consideration
On Thursday, August 2, 2007, the Committee met in open
session and favorably ordered H.R. 928 to be reported to the
House by a voice vote.
Roll Call Votes
No rollcall votes were held.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to terms and conditions of
employment or access to public services and accommodations. The
bill does not relate to employment or access to public services
and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report, including
examples of Inspector General independence and accountability
being compromised that have been documented through
investigations and hearings of this Committee and other
Committees of Congress.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report, including identifying waste and fraud in
federal programs by maintaining independent and credible
Inspectors General in federal departments and agencies.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 928. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
Earmark Identification
H.R. 928 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 928. However, clause 3(d)(3)(B) of that rule provides that
this requirement does not apply when the Committee has included
in its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 928 from the Director of
the Congressional Budget Office:
September 27, 2007.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 928, the Improving
Government Accountability Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 928--Improving Government Accountability Act
Summary: H.R. 928 would amend the Inspector General Act of
1978. The legislation would define the term of office and
conditions for removal of Inspectors General (IGs); require IGs
to submit their budgets directly to the Office of Management
and Budget (OMB) and the Congress; establish an IG Council;
provide IGs with some additional investigative, law
enforcement, and personnel authorities; and require IGs to
prepare additional reports.
CBO estimates that implementing H.R 928 would cost about $9
million in 2008 and $73 million over the 2008-2012 period,
assuming the availability of the appropriated funds. The
legislation could affect direct spending and revenues, but CBO
estimates that any such effects would be negligible.
H.R. 928 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budget of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 928 is shown in the following table.
The costs of this legislation fall within budget function 800
(general government) and all other budget functions where
federal agencies employ Inspectors General.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Inspector General Authorities:
Estimated Authorization Level.................................. 5 10 10 10 10
Estimated Outlays.............................................. 5 9 10 10 10
Council of Inspectors General on Integrity and Efficiency:
Estimated Authorization Level.................................. 5 5 5 5 5
Estimated Outlays.............................................. 4 5 5 5 5
Pay Provisions:
Estimated Authorization Level.................................. 1 1 1 1 1
Estimated Outlays.............................................. * 1 1 1 1
Total Changes:
Estimated Authorization Level.............................. 11 16 16 16 16
Estimated Outlays.......................................... 9 16 16 16 16
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted early in fiscal year 2008, that the
necessary funds will be provided for each year, and that
spending will follow historical patterns for similar
activities.
The Inspector General Act of 1978 created independent
offices headed by Inspectors General responsible for conducting
and supervising audits and investigations; promoting economy,
efficiency, and effectiveness; and preventing and detecting
fraud and abuse in government programs and operations. There
are two types of IGs. There are 30 IGs who are appointed by the
President with Senate confirmation, (known as Presidential IGs)
half of whom serve the 15 cabinet departments. Another 34 IGs
serve as designated federal entity (DFE) IGs at smaller
agencies and are appointed (and may be removed) by the head of
the agency. The Government Accountability Office (GAO) reported
that IGs had appropriated budgets of almost $2 billion in 2006
and employ over 12,000 employees.
Spending subject to appropriation
Inspector General Authorities. Under current law, many IG
activities come under the purview of the agency they oversee.
The budgets for IG activities are included as part of the
agency's overall budget request to the Congress, with funding
determined by the Congress through the appropriations process.
Personnel matters, including hiring and retirement issues, are
handled by each IG's agency. IGs at some of the larger agencies
have independent law enforcement authorities, such as carrying
firearms and executing warrants for arrests; those at smaller
agencies are usually deputized by the U.S. Marshall Service to
perform such functions. In addition, IGs issue semi-annual
reports on their activities and operations.
H.R. 928 would amend existing law to make all IG offices
separate agencies with the same powers and duties as the agency
the agency monitor and investigate. IGs would be authorized to
directly submit their budget requests to OMB and the Congress.
In addition, IGs would be given additional personnel
authorities, including more flexible hiring authorities. H.R.
928 would provide additional law enforcement authorities to IGs
appointed by agency heads, including the ability to carry
firearms and execute warrants. The legislation also would
require program evaluations and inspections to be added to
their reports to Congress.
Based on information from IG offices and the cost of
similar authorities, CBO estimates that these provisions would
cost $5 million in 2008 and about $45 million over the 2008-
2012 period, mostly for additional personnel costs. CBO expects
that few IG offices would become wholly independent of the
administrative support of their agencies, but most would
require additional personnel, especially the smaller IG
offices. This estimate includes the cost of additional staff
and training for budget and human resources functions, as well
as additional law enforcement training.
Council of Inspectors General on Integrity and Efficiency.
Currently, there are two advisory councils for IG functions:
Inspectors General appointed by the President are members of
the President's Council on Integrity and Efficiency (PCIE)
while DFE IGs are members of the Executive Council on Integrity
and Efficiency (ECIE). The two councils were created by
Presidential Executive Orders and usually meet separately. They
receive no specific appropriation, but are funded by the
various IGs on an ad hoc basis.
H.R. 928 would establish a single council with duties and
functions similar to the PCIE and ECIE. It would change the new
council with identifying, reviewing, and discussing areas of
weakness and fraud in federal operations and programs;
developing plans for coordinated governmentwide activities that
address these problems; developing policies and professional
programs for IG personnel; and investigating allegations
against IGs. Based on information from PCIE and ECIE regarding
their current operations, CBO estimates that implementing this
provision would cost an additional $5 million in 2008 and $25
million over the 2008-2012 period, primarily for the cost of
professional training for IGs.
Pay Provisions. Section 5 would amend the Inspector General
Act of 1978 to raise the annual salary level of 31 IGs
specified in the legislation from Level IV to Level III of the
executive schedule plus an additional 3 percent. The bill would
set the level of pay for the other IGs equal to the rate of
basic pay for senior staff members classified at a comparable
rank plus 3 percent. In addition, the legislation would
prohibit payment of cash awards and bonuses to IGs.
Based on data and information provided by the Office of
Personnel Management, CBO estimates that increasing the pay for
IGs would cost about $500,000 annually and $4 million over the
2008-2012 period, subject to the availability of appropriated
funds. Most of that cost would result from increasing
compensation of the 31 IGs specified in the bill who will have
their rate of basic pay set at Level III of the executive
schedule plus 3 percent. CBO expects the cost of increasing
basic pay for the other IGs would be small because the increase
in basic pay would largely be offset by the loss of bonus
payments.
Direct spending and revenues
A few IGs are employed by offices that have direct spending
authority to pay salaries and expenses. Amendments made by H.R.
928 would have an insignificant impact on spending by those
offices. Enacting H.R. 928 could affect federal revenues from
civil penalties as a result of allowing IGs appointed by their
agency heads to investigate and report false claims and recoup
losses resulting from fraud under $150,000. Collections of
civil penalties are recorded in the budget as revenues and
deposited in the general fund of the Treasury. Based on
information from Presidential IGs, CBO estimates that any
change in revenues that would result from enacting the bill
would not be significant.
Intergovernmental and private-sector impact: H.R. 928
contains no intergovernmental or private-sector mandates as
defined in the UMRA and would not affect the budget of state,
local, or tribal governments.
Estimate prepared by: Federal Costs: Inspectors General:
Matthew Pickford; Pay and Benefits: Barry Blom; Impact on
state, local, and tribal governments: Elizabeth Cove; Impact on
the private-sector: Justin Hall.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
-INSPECTOR GENERAL ACT OF 1978
-
* * * * * * *
PURPOSE; ESTABLISHMENT
Sec. 2. In order to create independent and objective units--
(1) to conduct and supervise audits and
investigations relating to the programs and operations
of the establishments listed in [section 11(2)] section
12(2);
* * * * * * *
APPOINTMENT AND REMOVAL OF OFFICERS
Sec. 3. (a) * * *
(b) An Inspector General may be removed from office by the
President. The President shall communicate the reasons for any
such removal to both Houses of Congress. An Inspector General
may be removed from office prior to the expiration of his or
her term only on any of the following grounds:
(1) Permanent incapacity.
(2) Inefficiency.
(3) Neglect of duty.
(4) Malfeasance.
(5) Conviction of a felony or conduct involving moral
turpitude.
* * * * * * *
(e)(1) The term of office of each Inspector General shall be
seven years. An individual may serve for more than one term in
such office. Any individual appointed and confirmed to fill a
vacancy in such position, occurring before the expiration of
the term for which his or her predecessor was appointed, shall
be appointed and confirmed for a full seven-year term.
(2) An individual may continue to serve as Inspector General
beyond the expiration of the term for which the individual is
appointed until a successor is appointed and confirmed, except
that such individual may not continue to serve for more than 1
year after the date on which the term would otherwise expire
under paragraph (1).
(f) An Inspector General (as defined under section 8G(a)(6)
or 11(3)) may not receive any cash award or cash bonus,
including any cash award under chapter 45 of title 5, United
States Code.
(g) The annual rate of basic pay for an Inspector General (as
defined under section 11(3)) shall be the rate payable for
level III of the Executive Schedule under section 5314 of title
5, United States Code, plus 3 percent.
DUTIES AND RESPONSIBILITIES
Sec. 4. (a) * * *
(b)(1) * * *
(2) For purposes of determining compliance with paragraph
(1)(A) with respect to whether internal quality controls are in
place and operating and whether established audit standards,
policies, and procedures are being followed by Offices of
Inspector General of establishments defined under [section
11(2)] section 12(2), Offices of Inspector General of
designated Federal entities defined under section 8F(a)(2), and
any audit office established within a Federal entity defined
under section 8F(a)(1), reviews shall be performed exclusively
by an audit entity in the Federal Government, including the
General Accounting Office or the Office of Inspector General of
each establishment defined under [section 11(2)] section 12(2),
or the Office of Inspector General of each designated Federal
entity defined under section 8F(a)(2).
* * * * * * *
REPORTS
Sec. 5. (a) Each Inspector General shall, not later than
April 30 and October 31 of each year, prepare semiannual
reports summarizing the activities of the Office during the
immediately preceding six-month periods ending March 31 and
September 30. Such reports shall include, but need not be
limited to--
(1) * * *
* * * * * * *
(6) a listing, subdivided according to subject matter, of
each audit report, inspection report, and evaluation report
issued by the Office during the reporting period and for each
[audit] report, where applicable, the total dollar value of
questioned costs (including a separate category for the dollar
value of unsupported costs) and the dollar value of
recommendations that funds be put to better use;
* * * * * * *
(8) statistical tables showing the total number of audit
reports, inspection reports, and evaluation reports and the
total dollar value of questioned costs (including a separate
category for the dollar value of unsupported costs), for
[audit] reports--
(A) * * *
* * * * * * *
(9) statistical tables showing the total number of audit
reports, inspection reports, and evaluation reports and the
dollar value of recommendations that funds be put to better use
by management, for [audit] reports--
(A) * * *
* * * * * * *
(10) a summary of each audit report, inspection report, and
evaluation report issued before the commencement of the
reporting period for which no management decision has been made
by the end of the reporting period (including the date and
title of each such report), an explanation of the reasons such
management decision has not been made, and a statement
concerning the desired timetable for achieving a management
decision on each such report;
* * * * * * *
(b) Semiannual reports of each Inspector General shall be
furnished to the head of the establishment involved not later
than April 30 and October 31 of each year and shall be
transmitted by such head to the appropriate committees or
subcommittees of the Congress within thirty days after receipt
of the report, together with a report by the head of the
establishment containing--
(1) any comments such head determines appropriate;
(2) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of disallowed costs, for
[audit] reports--
(A) * * *
* * * * * * *
(3) statistical tables showing the total number of
audit reports, inspection reports, and evaluation
reports and the dollar value of recommendations that
funds be put to better use by management agreed to in a
management decision, for [audit] reports--
(A) * * *
* * * * * * *
AUTHORITY; ADMINISTRATION PROVISIONS
Sec. 6. (a) In addition to the authority otherwise provided
by this Act, each Inspector General, in carrying out the
provisions of this Act, is authorized--
(1) * * *
* * * * * * *
(4) to require by [subpena] subpoena the production
of all information, documents, reports, answers,
records, accounts, papers, and other data in any medium
(including electronically stored information, as well
as any tangible thing) and documentary evidence
necessary in the performance of the functions assigned
by this Act, which subpena, in the case of contumacy or
refusal to obey, shall be enforceable by order of any
appropriate United States district court: Provided,
That procedures other than subpenas shall be used by
the Inspector General to obtain documents and
information from Federal agencies;
* * * * * * *
[(d) For purposes of the provisions of title 5, United States
Code, governing the Senior Executive Service, any reference in
such provisions to the ``appointing authority'' for a member of
the Senior Executive Service or for a Senior Executive Service
position shall, if such member or position is or would be
within the Office of an Inspector General, be deemed to be a
reference to such Inspector General.]
(d)(1)(A) For purposes of applying the provisions of law
identified in subparagraph (B)
(i) each Office of Inspector General shall be
considered to be a separate agency; and
(ii) the Inspector General who is the head of an
office referred to in clause (i) shall, with respect to
such office, have the functions, powers, and duties of
an agency head or appointing authority under such
provisions.
(B) This paragraph applies with respect to the following
provisions of title 5, United States Code:
(i) Subchapter II of chapter 35.
(ii) Sections 8335(b), 8336, 8414, and 8425(b).
(iii) All provisions relating to the Senior Executive
Service (as determined by the Office of Personnel
Management), subject to paragraph (2).
(2) For purposes of applying section 4507(b) of title 5,
United States Code, paragraph (1)(A)(ii) shall be applied by
substituting ``the Council of the Inspectors General on
Integrity and Efficiency (established by section 11 of the
Inspector General Act) shall'' for ``the Inspector General who
is the head of an office referred to in clause (i) shall, with
respect to such office,''.
(e)(1) In addition to the authority otherwise provided by
this Act, each Inspector General [appointed under section 3],
any Assistant Inspector General for Investigations under such
an Inspector General, and any special agent supervised by such
an Assistant Inspector General may be authorized by the
Attorney General to--
(A) * * *
* * * * * * *
(9) In this subsection the term ``Inspector General'' means
an Inspector General appointed under section 3 or an Inspector
General appointed under section 8G.
(f)(1) For each fiscal year, an Inspector General may
transmit an appropriation estimate and request to the Director
of the Office of Management and Budget and to the appropriate
committees or subcommittees of the Congress, in addition to any
appropriation estimate and request submitted to the head of the
establishment concerned.
(2) The President shall include in each budget of the United
States Government submitted to the Congress--
(A) a separate statement of the amount of
appropriations requested by each Inspector General who
has submitted an appropriation estimate under paragraph
(1); and
(B) a statement comparing each such appropriation
estimate and request submitted by an Inspector General
and the funds requested by the head of the
establishment concerned.
* * * * * * *
SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF THE TREASURY
Sec. 8D. (a) * * *
* * * * * * *
(k)(1) In addition to the duties and responsibilities
exercised by an Inspector General of an establishment, the
Treasury Inspector General for Tax Administration--
(A) * * *
* * * * * * *
(C) shall be responsible for protecting the Internal
Revenue Service against external attempts to corrupt or
threaten employees of the Internal Revenue Service, but
shall not be responsible for the conducting of
background checks [and the providing of physical
security]; and
* * * * * * *
REQUIREMENTS FOR FEDERAL ENTITIES AND DESIGNATED FEDERAL ENTITIES
Sec. 8G. (a) Notwithstanding [section 11] section 12 of this
Act, as used in this section--
(1) the term ``Federal entity'' means any Government
corporation (within the meaning of section 103(1) of
title 5, United States Code), any Government controlled
corporation (within the meaning of section 103(2) of
such title), or any other entity in the Executive
branch of the Government, or any independent regulatory
agency, but does not include--
(A) an establishment (as defined under
[section 11(2)] section 12(2) of this Act) or
part of an establishment;
* * * * * * *
(c)(1) Except as provided under subsection (f) of this
section, the Inspector General shall be appointed by the head
of the designated Federal entity in accordance with the
applicable laws and regulations governing appointments within
the designated Federal entity.
(2) The term of office of each Inspector General shall be
seven years. An individual may serve for more than one term in
such office. Any individual appointed to fill a vacancy in such
position, occurring before the expiration of the term for which
his or her predecessor was appointed, shall be appointed for a
full 7-year term.
* * * * * * *
(e) If [an Inspector General is removed from office or is
transferred to another position or location within a designated
Federal entity, the head of the designated Federal entity shall
promptly communicate in writing the reasons for any such
removal or transfer to both Houses of the Congress.] the head
of a designated Federal entity intends to remove an Inspector
General from office or transfer an Inspector General to another
position or location within such designated Federal entity, the
head of such entity shall communicate in writing the reasons
for any such removal or transfer to both Houses of Congress at
least 30 days before such removal or transfer.
* * * * * * *
ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY
Sec. 11. (a) Establishment.--There is established as an
independent entity within the executive branch the Inspectors
General Council (in this section referred to as the
``Council''). The Council's mission shall be to 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 Central
Intelligence Agency and the Government Printing
Office.
(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.
(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 one
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 two 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
with 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 will assist the Council in
performing its functions.
(B) Chairperson.--The Chairperson shall--
(i) convene meetings of the Council--
(I) at least six times each
year;
(II) monthly to the extent
possible; and
(III) more frequently at his
or her discretion;
(ii) exercise 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
subsection (b)(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
availability of appropriations and 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, 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 a report
annually on behalf of the Council to
the President on the activities of the
Council.
(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,
Government-wide activities that address these
problems and promote economy and efficiency in
Federal programs and operations, including
interagency and inter-entity 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 Web site and other
electronic systems for the benefit of all
Inspectors General, as the Council determines
are necessary or desirable;
(E) maintain one 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; and
(F) make such reports to the Congress as the
Chairperson determines are necessary or
appropriate.
(2) Adherence and participation by members.--Each
member of the Council should, 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,
adhere to professional standards developed by the
Council and participate in the plans, programs, and
projects of the Council.
(3) Existing authorities and responsibilities.--The
creation and operation of the Council--
(A) shall not affect the preeminent policy-
setting role of the Department of Justice in
law enforcement and litigation;
(B) shall not affect the authority or
responsibilities of any Government agency or
entity; and
(C) shall not affect the authority or
responsibilities of individual members of the
Council.
(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 certain staff
members of the various Offices of Inspector General.
(2) Membership.--The Integrity Committee shall
consist of the following members:
(A) The official of the Federal Bureau of
Investigation serving on the Council, who shall
serve as Chairperson of the Integrity
Committee.
(B) 3 or more 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)).
(C) The Special Counsel of the Office of
Special Counsel.
(D) The Director of the Office of Government
Ethics.
(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 his or
her office, 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) Staff member defined.--In this subsection
the term ``staff member'' means--
(i) any employee of an Office of
Inspector General who reports directly
to an Inspector General; or
(ii) who 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.--The Integrity Committee
shall--
(A) review all allegations of wrongdoing it
receives against an Inspector General, or
against a staff member of an Office of
Inspector General; and
(B) refer to the Chairperson of the Integrity
Committee any allegation of wrongdoing
determined by the Integrity Committee to be
meritorious that cannot be referred to an
agency of the executive branch with appropriate
jurisdiction over the matter.
(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) may provide resources 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 pursuant to
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.--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; and
(iv) providing the person who is the
subject of an investigation with an
opportunity to respond to any Integrity
Committee report.
(C) Report.--With respect to any
investigation that substantiates any allegation
referred to the Chairperson of the Integrity
Committee under paragraph (5)(B), the
Chairperson of the Integrity Committee shall--
(i) submit to the Executive
Chairperson of the Council a report on
the results of such investigation,
within 180 days (to the maximum extent
practicable) after the completion of
the investigation; and
(ii) submit to Congress a copy of
such report within 30 days after the
submission of such report to the
Executive Chairperson under clause (i).
(8) 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.
(e) Application.--The provisions of this section apply only
to the Inspectors General (and their offices) listed in
subsection (b)(1)(A) and (B).
DEFINITIONS
Sec. [11.] 12. As used in this Act--
(1) * * *
* * * * * * *
EFFECTIVE DATE
Sec. [12.] 13. The provisions of this Act and the amendments
made by this Act shall take effect October 1, 1978.
* * * * * * *
----------
TITLE 31, UNITED STATES CODE
SUBTITLE I--GENERAL
* * * * * * *
CHAPTER 7--GOVERNMENT ACCOUNTABILITY OFFICE
* * * * * * *
SUBCHAPTER II--GENERAL DUTIES AND POWERS
Sec. 711. General authority
The Comptroller General may--
(1) * * *
* * * * * * *
(4) administer oaths to witnesses [when auditing and
settling accounts] upon the specific approval only of
the Comptroller General or the Deputy Comptroller
General.
* * * * * * *
Sec. 719. Comptroller General reports
(a) * * *
(b)(1) The Comptroller General shall include in the report to
Congress under subsection (a) of this section--
(A) * * *
(B) information on carrying out duties and powers of
the Comptroller General under clauses (A) and (C) of
this paragraph, subsections (g) and (h) of this
section, and sections 717, 731(e)(2), 734, 1112, and
1113 of this title; [and]
(C) the name of each officer and employee of the
Government Accountability Office assigned or detailed
to a committee of Congress, the committee to which the
officer or employee is assigned or detailed, the length
of the period of assignment or detail, a statement on
whether the assignment or detail is finished or
continuing, and compensation paid out of appropriations
available to the Comptroller General for the period of
the assignment or detail that has been completed[.];
and
(D) for Federal agencies subject to sections 901 to
903 of this title and other agencies designated by the
Comptroller General, an assessment of their overall
degree of cooperation in making personnel available for
interview, providing written answers to questions,
submitting to an oath authorized by the Comptroller
General under section 711 of this title, granting
access to records, providing timely comments to draft
reports, adopting recommendations in reports, and
responding to such other matters as the Comptroller
General considers appropriate.
* * * * * * *
(c) The Comptroller General shall report to Congress--
(1) * * *
(2) on the adequacy and effectiveness of--
(A) administrative audits of accounts and
claims in an agency; and
(B) inspections by an agency of offices and
accounts of fiscal officials; [and]
(3) as frequently as practicable on audits carried
out under sections 713 and 714 of this title[.]; and
(4) as soon as practicable when an agency or other
entity does not, within a reasonable period of time
after a request by the Comptroller General, make
personnel available for interview, provide written
answers to questions, or submit to an oath authorized
by the Comptroller General under section 711 of this
title.
* * * * * * *
SUBTITLE II--THE BUDGET PROCESS
* * * * * * *
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
* * * * * * *
Sec. 1105. Budget contents and submission to Congress
(a) On or after the first Monday in January but not later
than the first Monday in February of each year, the President
shall submit a budget of the United States Government for the
following fiscal year. Each budget shall include a budget
message and summary and supporting information. The President
shall include in each budget the following:
(1) * * *
* * * * * * *
[(33) a separate appropriation account for
appropriations for the Inspectors General Criminal
Investigator Academy and the Inspectors General
Forensic Laboratory of the Department of the Treasury.]
(33) a separate appropriation account for
appropriations for the Inspectors General Council, and,
included in that account, a separate statement of the
aggregate amount of appropriations requested for each
academy maintained by the Inspectors General Council.
* * * * * * *
SUBTITLE III--FINANCIAL MANAGEMENT
* * * * * * *
CHAPTER 38--ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS
Sec. 3801. Definitions
(a) For purposes of this chapter--
(1) ``authority'' means--
(A) * * *
* * * * * * *
(C) an establishment (as such term is defined
in section 11(2) of the Inspector General Act
of 1978) which is not an executive department;
[and]
(D) the United States Postal Service; and
(E) a designated Federal entity (as such term
is defined under section 8G(a)(2) of the
Inspector General Act of 1978).
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
* * * * * * *
[Inspector General, Department of Education.]
* * * * * * *
[Inspector General, Department of Energy.]
* * * * * * *
[Inspector General, Department of Health and Human
Services.
[Inspector General, Department of Agriculture.]
Special Counsel of the Merit Systems Protection
Board.
[Inspector General, Department of Housing and Urban
Development.]
Chairman, Federal Labor Relations Authority.
[Inspector General, Department of Labor.
[Inspector General, Department of Transportation.
[Inspector General, Department of Veterans Affairs.]
* * * * * * *
[Inspector General, Department of Homeland Security.]
* * * * * * *
[Inspector General, Department of Defense.]
* * * * * * *
[Inspector General, Department of State.]
* * * * * * *
[Inspector General, Department of Commerce.
[Inspector General, Department of the Interior.
[Inspector General, Department of Justice.
[Inspector General, Department of the Treasury.
[Inspector General, Agency for International
Development.
[Inspector General, Environmental Protection Agency.
[Inspector General, Export-Import Bank.
[Inspector General, Federal Emergency Management
Agency.
[Inspector General, General Services Administration.
[Inspector General, National Aeronautics and Space
Administration.
[Inspector General, Nuclear Regulatory Commission.
[Inspector General, Office of Personnel Management.
[Inspector General, Railroad Retirement Board.
[Inspector General, Small Business Administration.
[Inspector General, Tennessee Valley Authority.
[Inspector General, Federal Deposit Insurance
Corporation.]
* * * * * * *
[Inspector General, Resolution Trust Corporation.]
* * * * * * *
[Inspector General, Central Intelligence Agency]
* * * * * * *
[Inspector General, Social Security Administration.]
* * * * * * *
[Inspector General, United States Postal Service.]
* * * * * * *
Additional Views
ADDITIONAL VIEWS OF RANKING MEMBER TOM DAVIS
Since the enactment of the Inspector General Act of 1978,
inspectors general (IGs) throughout government have played an
integral role in identifying waste and mismanagement in
government. IGs have also been instrumental in aiding Congress
and the executive branch to find ways to make government more
efficient and effective.
We all agree IGs should operate independently, free from
political interference. After all, both agency heads and
Congress often rely on IG reports to provide frank and open
assessments of the effectiveness of federal programs.
However, inspectors general should also be part of an
agency's management structure--albeit with some independence--
rather than a ``fourth branch'' of the federal government. If
we divorce the IGs from the day-to-day operations of the
agencies they oversee, IGs will cease to perform a constructive
role and could instead play more of a ``Monday morning
quarterback'' role where their function is solely to second-
guess decisions made by agencies.
Many of the provisions in H.R. 928 would help to enhance
the effectiveness of the IGs in overseeing federal agencies and
programs. But other provisions in the legislation go too far.
As an example, during Committee consideration of the
legislation, I offered an amendment to exempt the smaller
agency inspectors general from the ``for cause'' removal
provision in the bill, thereby reserving the ``for cause''
removal threshold only for Cabinet-level agency inspectors
general. The purpose of the amendment, which was adopted, was
to strike a balance between the need to ensure independence of
our inspectors general while at the same time preserving the
President's authority over employers and officers of the
Executive Branch.
While I believe this change improves the legislation, other
changes may be necessary to ensure IGs are capable of
effectively and efficiently carrying out their
responsibilities. I understand the Administration has a number
of suggested improvements to the legislation, improvements I
trust the majority will work to accommodate before moving H.R.
928 to the floor.
Tom Davis.
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