PUBL409.PS

PUBLIC LAW 110–409—OCT. 14, 2008

INSPECTOR GENERAL REFORM ACT OF 2008

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122 STAT. 4302 PUBLIC LAW 110–409—OCT. 14, 2008

Public Law 110–409

110th Congress

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Inspector General Reform Act

of 2008’’.

SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GEN-

ERAL.

Section 8G(c) of the Inspector General Act of 1978 (5 U.S.C.

App.) is amended by adding at the end ‘‘Each Inspector General

shall be appointed without regard to political affiliation and solely

on the basis of integrity and demonstrated ability in accounting,

auditing, financial analysis, law, management analysis, public

administration, or investigations.’’.

SEC. 3. REMOVAL OF INSPECTORS GENERAL.

(a) E

STABLISHMENTS

.—Section 3(b) of the Inspector General

Act of 1978 (5 U.S.C. App.) is amended by striking the second

sentence and inserting ‘‘If an Inspector General is removed from

office or is transferred to another position or location within an

establishment, the President shall communicate in writing the rea-

sons for any such removal or transfer to both Houses of Congress,

not later than 30 days before the removal or transfer. Nothing

in this subsection shall prohibit a personnel action otherwise

authorized by law, other than transfer or removal.’’.

(b) D

ESIGNATED

EDERAL

NTITIES

.—Section 8G(e) of the

Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking

‘‘shall promptly communicate in writing the reasons for any such

removal or transfer to both Houses of the Congress.’’ and inserting

‘‘shall communicate in writing the reasons for any such removal

or transfer to both Houses of Congress, not later than 30 days

before the removal or transfer. Nothing in this subsection shall

prohibit a personnel action otherwise authorized by law, other

than transfer or removal.’’.

SEC. 4. PAY OF INSPECTORS GENERAL.

(a) I

NSPECTORS

ENERAL AT

EVEL

III

XECUTIVE

CHEDULE

.—

(1) I

N GENERAL

.—Section 3 of the Inspector General Act

of 1978 (5 U.S.C. App.), is amended by adding at the end

the following:

Deadline.

President.

Deadline.

5 USC app. 1

note.

Inspector

General Reform

Act of 2008.

Oct. 14, 2008

[H.R. 928]

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122 STAT. 4303 PUBLIC LAW 110–409—OCT. 14, 2008

‘‘(e) The annual rate of basic pay for an Inspector General

(as defined under section 12(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) T

ECHNICAL AND CONFORMING AMENDMENTS

.—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.

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 Secu-

rity.

(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 Manage-

ment Agency.

(T) Inspector General, General Services Administra-

tion.

(U) Inspector General, National Aeronautics and Space

Administration.

(V) Inspector General, Nuclear Regulatory Commis-

sion.

(W) Inspector General, Office of Personnel Manage-

ment.

(X) Inspector General, Railroad Retirement Board.

(Y) Inspector General, Small Business Administration.

(Z) Inspector General, Tennessee Valley Authority.

(AA) Inspector General, Federal Deposit Insurance Cor-

poration.

(BB) Inspector General, Resolution Trust Corporation.

(CC) Inspector General, Central Intelligence Agency.

(DD) Inspector General, Social Security Administra-

tion.

(EE) Inspector General, United States Postal Service.

(3) A

PPLICABILITY TO OTHER INSPECTORS GENERAL

.—

(A) I

N GENERAL

.—Notwithstanding any other provision

of law, the annual rate of basic pay of the Inspector General

of the Central Intelligence Agency, the Special Inspector

General for Iraq Reconstruction, and the Special Inspector

General for Afghanistan Reconstruction shall be that of

an Inspector General as defined under section 12(3) of

5 USC app. 3

note.

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122 STAT. 4304 PUBLIC LAW 110–409—OCT. 14, 2008

the Inspector General Act of 1978 (5 U.S.C. App.) (as

amended by section 7(a) of this Act).

(B) P

ROHIBITION OF CASH BONUS OR AWARDS

.—Section

3(f) of the Inspector General Act of 1978 (5 U.S.C. App.)

(as amended by section 5 of this Act) shall apply to the

Inspectors General described under subparagraph (A).

(4) A

DDITIONAL TECHNICAL AND CONFORMING AMEND

MENT

.—Section 194(b) of the National and Community Service

Act of 1990 (42 U.S.C. 12651e(b)) is amended by striking para-

graph (3).

(b) I

NSPECTORS

ENERAL OF

ESIGNATED

EDERAL

NTITIES

.—

(1) I

N GENERAL

.—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 (5 U.S.C. App.)) shall, for pay and all

other purposes, be classified at a grade, level, or rank designa-

tion, as the case may be, at or above those of a majority

of the senior level executives of that designated Federal entity

(such as a General Counsel, Chief Information Officer, Chief

Financial Officer, Chief Human Capital Officer, or Chief

Acquisition Officer). The pay of an Inspector General of a

designated Federal entity (as those terms are defined under

section 8G of the Inspector General Act of 1978 (5 U.S.C.

App.)) shall be not less than the average total compensation

(including bonuses) of the senior level executives of that des-

ignated Federal entity calculated on an annual basis.

(2) L

IMITATION ON ADJUSTMENT

.—

(A) I

N GENERAL

.—In the case of an Inspector General

of a designated Federal entity whose pay is adjusted under

paragraph (1), the total increase in pay in any fiscal year

resulting from that adjustment may not exceed 25 percent

of the average total compensation (including bonuses) of

the Inspector General of that entity for the preceding 3

fiscal years.

(B) S

UNSET OF LIMITATION

.—The limitation under

subparagraph (A) shall not apply to any adjustment made

in fiscal year 2013 or each fiscal year thereafter.

AVINGS

ROVISION FOR

EWLY

PPOINTED

NSPECTORS

ERAL

.—

(1) I

N GENERAL

.—The provisions of section 3392 of title

5, United States Code, other than the terms ‘‘performance

awards’’ and ‘‘awarding of ranks’’ in subsection (c)(1) of such

section, shall apply to career appointees of the Senior Executive

Service who are appointed to the position of Inspector General.

(2) N

ONREDUCTION IN PAY

.—Notwithstanding any other

provision of law, career Federal employees serving on an

appointment made pursuant to statutory authority found other

than in section 3392 of title 5, United States Code, shall not

suffer a reduction in pay, not including any bonus or perform-

ance award, as a result of being appointed to the position

of Inspector General.

(d) S

AVINGS

ROVISION

.—Nothing in this section shall have

the effect of reducing the rate of pay of any individual serving

on the date of enactment of this section as an Inspector General

of—

Applicability.

5 USC app. 3

note.

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122 STAT. 4305 PUBLIC LAW 110–409—OCT. 14, 2008

(1) an establishment as defined under section 12(2) of the

Inspector General Act of 1978 (5 U.S.C. App.) (as amended

by section 7(a) of this Act);

(2) a designated Federal entity as defined under section

8G(2) of the Inspector General Act of 1978 (5 U.S.C. App.);

(3) a legislative agency for which the position of Inspector

General is established by statute; or

(4) any other entity of the Government for which the posi-

tion of Inspector General is established by statute.

SEC. 5. PROHIBITION OF CASH BONUS OR AWARDS.

Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.)

(as amended by section 4 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 12(3)) may not receive any cash award or cash bonus, including

any cash award under chapter 45 of title 5, United States Code.’’.

SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL.

(a) C

OUNSELS TO

NSPECTORS

ENERAL OF

STABLISHMENT

.—

Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.)

(as amended by sections 4 and 5 of this Act) is further amended

by adding at the end the following:

‘‘(g) Each Inspector General shall, in accordance with applicable

laws and regulations governing the civil service, obtain legal advice

from a counsel either reporting directly to the Inspector General

or another Inspector General.’’.

(b) C

OUNSELS TO

NSPECTORS

ENERAL OF

ESIGNATED

ERAL

NTITIES

.—Section 8G(g) of the Inspector General Act of 1978

(5 U.S.C. App.) is amended by adding at the end the following:

‘‘(4) Each Inspector General shall—

‘‘(A) in accordance with applicable laws and regulations gov-

erning appointments within the designated Federal entity, appoint

a Counsel to the Inspector General who shall report to the Inspector

General;

‘‘(B) obtain the services of a counsel appointed by and directly

reporting to another Inspector General on a reimbursable basis;

‘‘(C) obtain the services of appropriate staff of the Council

of the Inspectors General on Integrity and Efficiency on a reimburs-

able basis.’’.

ULE OF

ONSTRUCTION

.—Nothing in the amendments made

by this section shall be construed to alter the duties and responsibil-

ities of the counsel for any establishment or designated Federal

entity, except for the availability of counsel as provided under

sections 3(g) and 8G(g) of the Inspector General Act of 1978 (5

U.S.C. App.) (as amended by this section). The Counsel to the

Inspector General shall perform such functions as the Inspector

General may prescribe.

SEC. 7. ESTABLISHMENT OF COUNCIL OF THE INSPECTORS GENERAL

ON INTEGRITY AND EFFICIENCY.

(a) E

STABLISHMENT

.—The Inspector General Act of 1978 (5

U.S.C. App.) is amended by redesignating sections 11 and 12 as

sections 12 and 13, respectively, and by inserting after section

10 the following:

5 USC app. 3

note.

Appointments.

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122 STAT. 4306 PUBLIC LAW 110–409—OCT. 14, 2008

‘‘SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GEN-

ERAL ON INTEGRITY AND EFFICIENCY.

‘‘(a) E

STABLISHMENT AND

ISSION

.—

‘‘(1) E

STABLISHMENT

.—There is established as an inde-

pendent entity within the executive branch the Council of the

Inspectors General on Integrity and Efficiency (in this section

referred to as the ‘Council’).

‘‘(2) M

ISSION

.—The mission of the Council shall be to—

‘‘(A) address integrity, economy, and effectiveness

issues that transcend individual Government agencies; and

‘‘(B) 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) M

EMBERSHIP

.—

‘‘(1) I

N GENERAL

.—The Council shall consist of the following

members:

‘‘(A) All Inspectors General whose offices are estab-

lished under—

‘‘(i) section 2; or

‘‘(ii) section 8G.

‘‘(B) The Inspectors General of the Office of the Director

of National Intelligence and the Central Intelligence

Agency.

‘‘(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.

‘‘(I) The Inspectors General of the Library of Congress,

Capitol Police, Government Printing Office, Government

Accountability Office, and the Architect of the Capitol.

‘‘(2) C

HAIRPERSON AND EXECUTIVE CHAIRPERSON

.—

‘‘(A) E

XECUTIVE CHAIRPERSON

.—The Deputy Director

for Management of the Office of Management and Budget

shall be the Executive Chairperson of the Council.

‘‘(B) C

HAIRPERSON

.—The Council shall elect 1 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 2 years.

‘‘(3) F

UNCTIONS OF CHAIRPERSON AND EXECUTIVE CHAIR

PERSON

.—

‘‘(A) E

XECUTIVE CHAIRPERSON

.—The Executive Chair-

person shall—

‘‘(i) preside over meetings of the Council;

‘‘(ii) provide to the heads of agencies and entities

represented on the Council summary reports of the

activities of the Council; and

‘‘(iii) provide to the Council such information

relating to the agencies and entities represented on

Reports.

5 USC app. 11.

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122 STAT. 4307 PUBLIC LAW 110–409—OCT. 14, 2008

the Council as assists the Council in performing its

functions.

‘‘(B) C

HAIRPERSON

.—The Chairperson shall—

‘‘(i) convene meetings of the Council—

‘‘(I) at least 6 times each year;

‘‘(II) monthly to the extent possible; and

‘‘(III) more frequently at the discretion of the

Chairperson;

‘‘(ii) carry out the functions and duties of the

Council under subsection (c);

‘‘(iii) appoint a Vice Chairperson to assist in car-

rying out the functions of the Council and act in the

absence of the Chairperson, from a category of Inspec-

tors General described in subparagraph (A)(i), (A)(ii),

or (B) of paragraph (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 provisions of title 5, United States Code, gov-

erning 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, made

available from the revolving fund established under

subsection (c)(3)(B), or as otherwise provided by law,

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) F

UNCTIONS AND

UTIES OF

OUNCIL

.—

‘‘(1) I

N GENERAL

.—The Council shall—

‘‘(A) continually identify, review, and discuss areas of

weakness and vulnerability in Federal programs and oper-

ations with respect to fraud, waste, and abuse;

‘‘(B) develop plans for coordinated, Governmentwide

activities that address these problems and promote

economy and efficiency in Federal programs and operations,

including interagency and interentity 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;

Plans.

Reports.

Deadline.

Contracts.

Appointments.

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122 STAT. 4308 PUBLIC LAW 110–409—OCT. 14, 2008

‘‘(D) maintain an Internet website and other electronic

systems for the benefit of all Inspectors General, as the

Council determines are necessary or desirable;

‘‘(E) maintain 1 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;

‘‘(F) submit recommendations of individuals to the

appropriate appointing authority for any appointment to

an office of Inspector General described under subsection

(b)(1)(A) or (B);

‘‘(G) make such reports to Congress as the Chairperson

determines are necessary or appropriate; and

‘‘(H) perform other duties within the authority and

jurisdiction of the Council, as appropriate.

‘‘(2) A

DHERENCE AND PARTICIPATION BY MEMBERS

.—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, organiza-

tions, programs, activities, and functions, each member of the

Council, as appropriate, shall—

‘‘(A) adhere to professional standards developed by the

Council; and

‘‘(B) participate in the plans, programs, and projects

of the Council, except that in the case of a member

described under subsection (b)(1)(I) , the member shall

participate only to the extent requested by the member

and approved by the Executive Chairperson and Chair-

person.

‘‘(3) A

DDITIONAL ADMINISTRATIVE AUTHORITIES

.—

‘‘(A) I

NTERAGENCY FUNDING

.—Notwithstanding section

1532 of title 31, United States Code, or any other provision

of law prohibiting the interagency funding of activities

described under subclause (I), (II), or (III) of clause (i),

in the performance of the responsibilities, authorities, and

duties of the Council—

‘‘(i) the Executive Chairperson may authorize the

use of interagency funding for—

‘‘(I) Governmentwide training of employees of

the Offices of the Inspectors General;

‘‘(II) the functions of the Integrity Committee

of the Council; and

‘‘(III) any other authorized purpose determined

by the Council; and

‘‘(ii) upon the authorization of the Executive Chair-

person, any department, agency, or entity of the execu-

tive branch which has a member on the Council shall

fund or participate in the funding of such activities.

‘‘(B) R

EVOLVING FUND

.—

‘‘(i) I

N GENERAL

.—The Council may—

‘‘(I) establish in the Treasury of the United

States a revolving fund to be called the Inspectors

General Council Fund; or

‘‘(II) enter into an arrangement with a depart-

ment or agency to use an existing revolving fund.

‘‘(ii) A

MOUNTS IN REVOLVING FUND

.—

Reports.

Recommen-

dations.

Web site.

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122 STAT. 4309 PUBLIC LAW 110–409—OCT. 14, 2008

‘‘(I) I

N GENERAL

.—Amounts transferred to the

Council under this subsection shall be deposited

in the revolving fund described under clause (i)(I)

or (II).

‘‘(II) T

RAINING

.—Any remaining unexpended

balances appropriated for or otherwise available

to the Inspectors General Criminal Investigator

Academy and the Inspectors General Auditor

Training Institute shall be transferred to the

revolving fund described under clause (i)(I) or (II).

‘‘(iii) U

SE OF REVOLVING FUND

.—

‘‘(I) I

N GENERAL

.—Except as provided under

subclause (II), amounts in the revolving fund

described under clause (i)(I) or (II) may be used

to carry out the functions and duties of the Council

under this subsection.

‘‘(II) T

RAINING

.—Amounts transferred into the

revolving fund described under clause (i)(I) or (II)

may be used for the purpose of maintaining any

training academy as determined by the Council.

‘‘(iv) A

VAILABILITY OF FUNDS

.—Amounts in the

revolving fund described under clause (i)(I) or (II) shall

remain available to the Council without fiscal year

limitation.

‘‘(C) S

UPERSEDING PROVISIONS

.—No provision of law

enacted after the date of enactment of this subsection shall

be construed to limit or supersede any authority under

subparagraph (A) or (B), unless such provision makes spe-

cific reference to the authority in that paragraph.

‘‘(4) E

XISTING AUTHORITIES AND RESPONSIBILITIES

.—The

establishment and operation of the Council shall not affect—

‘‘(A) the role of the Department of Justice in law

enforcement and litigation;

‘‘(B) the authority or responsibilities of any Govern-

ment agency or entity; and

‘‘(C) the authority or responsibilities of individual mem-

bers of the Council.

‘‘(d) I

NTEGRITY

OMMITTEE

.—

‘‘(1) E

STABLISHMENT

.—The Council shall have an Integrity

Committee, which shall receive, review, and refer for investiga-

tion allegations of wrongdoing that are made against Inspectors

General and staff members of the various Offices of Inspector

General described under paragraph (4)(C).

‘‘(2) M

EMBERSHIP

.—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, and maintain the records of

the Committee.

‘‘(B) Four Inspectors General described in subpara-

graph (A) or (B) of subsection (b)(1) appointed by the Chair-

person 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.

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122 STAT. 4310 PUBLIC LAW 110–409—OCT. 14, 2008

‘‘(3) L

EGAL 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) R

EFERRAL OF ALLEGATIONS

.—

‘‘(A) R

EQUIREMENT

.—An Inspector General shall refer

to the Integrity Committee any allegation of wrongdoing

against a staff member of the office of that Inspector Gen-

eral, 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) D

EFINITION

.—In this paragraph the term ‘staff

member’ means any employee of an Office of Inspector

General who—

‘‘(i) reports directly to an Inspector General; or

‘‘(ii) is designated by an Inspector General under

subparagraph (C).

‘‘(C) D

ESIGNATION 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) R

EVIEW OF ALLEGATIONS

.—The Integrity Committee

shall—

‘‘(A) review all allegations of wrongdoing the Integrity

Committee receives against an Inspector General, or

against a staff member of an Office of Inspector General

described under paragraph (4)(C);

‘‘(B) refer any allegation of wrongdoing to the agency

of the executive branch with appropriate jurisdiction over

the matter; and

‘‘(C) refer to the Chairperson of the Integrity Com-

mittee any allegation of wrongdoing determined by the

Integrity Committee under subparagraph (A) to be poten-

tially meritorious that cannot be referred to an agency

under subparagraph (B).

‘‘(6) A

UTHORITY TO INVESTIGATE ALLEGATIONS

.—

‘‘(A) R

EQUIREMENT

.—The Chairperson of the Integrity

Committee shall cause a thorough and timely investigation

of each allegation referred under paragraph (5)(C) to be

conducted in accordance with this paragraph.

‘‘(B) R

ESOURCES

.—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 Integ-

rity 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 inves-

tigation under this subsection.

‘‘(7) P

ROCEDURES FOR INVESTIGATIONS

.—

Deadline.

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122 STAT. 4311 PUBLIC LAW 110–409—OCT. 14, 2008

‘‘(A) S

TANDARDS 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) A

DDITIONAL POLICIES AND PROCEDURES

.—

‘‘(i) E

STABLISHMENT

.—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 inves-

tigation;

‘‘(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.

‘‘(ii) S

UBMISSION TO CONGRESS

.—The Council shall

submit a copy of the policies and procedures estab-

lished under clause (i) to the congressional committees

of jurisdiction.

‘‘(C) R

EPORTS

.—

‘‘(i) P

OTENTIALLY MERITORIOUS ALLEGATIONS

.—For

allegations described under paragraph (5)(C), the

Chairperson of the Integrity Committee shall make

a report containing the results of the investigation

of the Chairperson and shall provide such report to

members of the Integrity Committee.

‘‘(ii) A

LLEGATIONS OF WRONGDOING

.—For allega-

tions referred to an agency under paragraph (5)(B),

the head of that agency shall make a report containing

the results of the investigation and shall provide such

report to members of the Integrity Committee.

‘‘(8) A

SSESSMENT AND FINAL DISPOSITION

.—

‘‘(A) I

N GENERAL

.—With respect to any report received

under paragraph (7)(C), the Integrity Committee shall—

‘‘(i) assess the report;

‘‘(ii) forward the report, with the recommendations

of the Integrity Committee, including those on discipli-

nary action, within 30 days (to the maximum extent

practicable) after the completion of the investigation,

to the Executive Chairperson of the Council and to

the President (in the case of a report relating to an

Inspector General of an establishment or any employee

of that Inspector General) or the head of a designated

Federal entity (in the case of a report relating to an

Inspector General of such an entity or any employee

of that Inspector General) for resolution; and

‘‘(iii) submit to the Committee on Government

Oversight and Reform of the House of Representatives,

the Committee on Homeland Security and Govern-

mental Affairs of the Senate, and other congressional

committees of jurisdiction an executive summary of

such report and recommendations within 30 days after

Executive

summary.

Deadline.

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122 STAT. 4312 PUBLIC LAW 110–409—OCT. 14, 2008

the submission of such report to the Executive Chair-

person under clause (ii).

‘‘(B) D

ISPOSITION

.—The Executive Chairperson of the

Council shall report to the Integrity Committee the final

disposition of the matter, including what action was taken

by the President or agency head.

‘‘(9) A

NNUAL REPORT

.—The Council shall submit to Con-

gress and the President by December 31 of each year a report

on the activities of the Integrity Committee during the pre-

ceding fiscal year, which shall include the following:

‘‘(A) The number of allegations received.

‘‘(B) The number of allegations referred to other agen-

cies, including the number of allegations referred for

criminal investigation.

‘‘(C) The number of allegations referred to the Chair-

person of the Integrity Committee for investigation.

‘‘(D) The number of allegations closed without referral.

‘‘(E) The date each allegation was received and the

date each allegation was finally disposed of.

‘‘(F) In the case of allegations referred to the Chair-

person of the Integrity Committee, a summary of the status

of the investigation of the allegations and, in the case

of investigations completed during the preceding fiscal year,

a summary of the findings of the investigations.

‘‘(G) Other matters that the Council considers appro-

priate.

‘‘(10) R

EQUESTS FOR MORE INFORMATION

.—With respect to

paragraphs (8) and (9), the Council shall provide more detailed

information about specific allegations upon request from any

of the following:

‘‘(A) The chairperson or ranking member of the Com-

mittee on Homeland Security and Governmental Affairs

of the Senate.

‘‘(B) The chairperson or ranking member of the Com-

mittee on Oversight and Government Reform of the House

of Representatives.

‘‘(C) The chairperson or ranking member of the congres-

sional committees of jurisdiction.

‘‘(11) N

O RIGHT OR BENEFIT

.—This subsection is not

intended to create any right or benefit, substantive or proce-

dural, enforceable at law by a person against the United States,

its agencies, its officers, or any person.’’.

(b) A

LLEGATIONS OF

RONGDOING

GAINST

PECIAL

OUNSEL

EPUTY

PECIAL

OUNSEL

.—

(1) D

EFINITIONS

.—In this section—

(A) the term ‘‘Integrity Committee’’ means the Integrity

Committee established under section 11(d) of the Inspector

General Act of 1978 (5 U.S.C. App), as amended by this

Act; and

(B) the term ‘‘Special Counsel’’ refers to the Special

Counsel appointed under section 1211(b) of title 5, United

States Code.

(2) A

UTHORITY OF INTEGRITY COMMITTEE

.—

(A) I

N GENERAL

.—An allegation of wrongdoing against

the Special Counsel or the Deputy Special Counsel may

be received, reviewed, and referred for investigation by

the Integrity Committee to the same extent and in the

5 USC 1211

note.

Reports.

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122 STAT. 4313 PUBLIC LAW 110–409—OCT. 14, 2008

same manner as in the case of an allegation against an

Inspector General (or a member of the staff of an Office

of Inspector General), subject to the requirement that the

Special Counsel recuse himself or herself from the consider-

ation of any allegation brought under this paragraph.

(B) C

OORDINATION WITH EXISTING PROVISIONS OF

LAW

.—This subsection does not eliminate access to the

Merit Systems Protection Board for review under section

7701 of title 5, United States Code. To the extent that

an allegation brought under this subsection involves section

2302(b)(8) of that title, a failure to obtain corrective action

within 120 days after the date on which that allegation

is received by the Integrity Committee shall, for purposes

of section 1221 of such title, be considered to satisfy section

1214(a)(3)(B) of that title.

(3) R

EGULATIONS

.—The Integrity Committee may prescribe

any rules or regulations necessary to carry out this subsection,

subject to such consultation or other requirements as might

otherwise apply.

FFECTIVE

ATE AND

XISTING

XECUTIVE

RDERS

.—

(1) C

OUNCIL

.—Not later than 180 days after the date of

the enactment of this Act, the Council of the Inspectors General

on Integrity and Efficiency established under this section shall

become effective and operational.

(2) E

XECUTIVE ORDERS

.—Executive Order No. 12805, dated

May 11, 1992, and Executive Order No. 12933, dated March

21, 1996 (as in effect before the date of the enactment of

this Act) shall have no force or effect on and after the earlier

of—

(A) the date on which the Council of the Inspectors

General on Integrity and Efficiency becomes effective and

operational as determined by the Executive Chairperson

of the Council; or

(B) the last day of the 180-day period beginning on

the date of enactment of this Act.

(d) T

ECHNICAL AND

ONFORMING

MENDMENTS

.—

(1) I

NSPECTOR GENERAL ACT OF 1978

.—The Inspector Gen-

eral 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) S

EPARATE APPROPRIATIONS ACCOUNT

.—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 Council of the Inspectors General on Integrity and

Efficiency, and, included in that account, a separate statement

of the aggregate amount of appropriations requested for each

academy maintained by the Council of the Inspectors General

on Integrity and Efficiency.’’.

SEC. 8. 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:

5 USC app. 8G.

Termination

date.

31 USC 501

note.

Deadline.

5 USC app. 11

note.

Deadline.

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122 STAT. 4314 PUBLIC LAW 110–409—OCT. 14, 2008

‘‘(f)(1) For each fiscal year, an Inspector General shall transmit

a budget estimate and request to the head of the establishment

or designated Federal entity to which the Inspector General reports.

The budget request shall specify the aggregate amount of funds

requested for such fiscal year for the operations of that Inspector

General and shall specify the amount requested for all training

needs, including a certification from the Inspector General that

the amount requested satisfies all training requirements for the

Inspector General’s office for that fiscal year, and any resources

necessary to support the Council of the Inspectors General on

Integrity and Efficiency. Resources necessary to support the Council

of the Inspectors General on Integrity and Efficiency shall be specifi-

cally identified and justified in the budget request.

‘‘(2) In transmitting a proposed budget to the President for

approval, the head of each establishment or designated Federal

entity shall include—

‘‘(A) an aggregate request for the Inspector General;

‘‘(B) amounts for Inspector General training;

‘‘(C) amounts for support of the Council of the Inspectors

General on Integrity and Efficiency; and

‘‘(D) any comments of the affected Inspector General with

respect to the proposal.

‘‘(3) The President shall include in each budget of the United

States Government submitted to Congress—

‘‘(A) a separate statement of the budget estimate prepared

in accordance with paragraph (1);

‘‘(B) the amount requested by the President for each

Inspector General;

‘‘(C) the amount requested by the President for training

of Inspectors General;

‘‘(D) the amount requested by the President for support

for the Council of the Inspectors General on Integrity and

Efficiency; and

‘‘(E) any comments of the affected Inspector General with

respect to the proposal if the Inspector General concludes that

the budget submitted by the President would substantially

inhibit the Inspector General from performing the duties of

the office.’’.

SEC. 9. 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’’.

SEC. 10. PROGRAM FRAUD CIVIL REMEDIES ACT.

Section 3801(a)(1) of title 31, United States Code, is amended—

(1) in subparagraph (D), by striking ‘‘and’’ after the semi-

colon;

(2) in subparagraph (E), by striking the period and

inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(F) a designated Federal entity (as such term is

defined under section 8G(a)(2) of the Inspector General

Act of 1978);’’.

President.

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122 STAT. 4315 PUBLIC LAW 110–409—OCT. 14, 2008

SEC. 11. 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.’’.

SEC. 12. 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 each of subsections (a)(6), (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

(2) in subsection (a)(10) by inserting ‘‘, inspection reports,

and evaluation reports’’ after ‘‘audit reports’’.

SEC. 13. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS

GENERAL.

(a) I

ENERAL

.—The Inspector General Act of 1978 (5 U.S.C.

App.) is amended by inserting after section 8K the following:

‘‘SEC. 8L. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS

GENERAL.

‘‘(a) D

IRECT

INKS TO

NSPECTORS

ENERAL

FFICES

.—

‘‘(1) I

N GENERAL

.—Each agency shall establish and main-

tain on the homepage of the website of that agency, a direct

link to the website of the Office of the Inspector General of

that agency.

‘‘(2) A

CCESSIBILITY

.—The direct link under paragraph (1)

shall be obvious and facilitate accessibility to the website of

the Office of the Inspector General.

‘‘(b) R

EQUIREMENTS FOR

NSPECTORS

ENERAL

EBSITES

.—

‘‘(1) P

OSTING OF REPORTS AND AUDITS

.—The Inspector Gen-

eral of each agency shall—

‘‘(A) not later than 3 days after any report or audit

(or portion of any report or audit) is made publicly avail-

able, post that report or audit (or portion of that report

or audit) on the website of the Office of Inspector General;

and

‘‘(B) ensure that any posted report or audit (or portion

of that report or audit) described under subparagraph (A)—

‘‘(i) is easily accessible from a direct link on the

homepage of the website of the Office of the Inspector

General;

‘‘(ii) includes a summary of the findings of the

Inspector General; and

‘‘(iii) is in a format that—

‘‘(I) is searchable and downloadable; and

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122 STAT. 4316 PUBLIC LAW 110–409—OCT. 14, 2008

‘‘(II) facilitates printing by individuals of the

public accessing the website.

‘‘(2) R

EPORTING OF FRAUD

WASTE

AND ABUSE

.—

‘‘(A) I

N GENERAL

.—The Inspector General of each

agency shall establish and maintain a direct link on the

homepage of the website of the Office of the Inspector

General for individuals to report fraud, waste, and abuse.

Individuals reporting fraud, waste, or abuse using the

direct link established under this paragraph shall not be

required to provide personally identifying information

relating to that individual.

‘‘(B) A

NONYMITY

.—The Inspector General of each

agency shall not disclose the identity of any individual

making a report under this paragraph without the consent

of the individual unless the Inspector General determines

that such a disclosure is unavoidable during the course

of the investigation.’’.

(b) R

EPEAL

.—Section 746(b) of the Financial Services and Gen-

eral Government Appropriations Act, 2008 (5 U.S.C. App. note;

121 Stat. 2034) is repealed.

MPLEMENTATION

.—Not later than 180 days after the date

of enactment of this Act, the head of each agency and the Inspector

General of each agency shall implement the amendment made

by this section.

SEC. 14. OTHER ADMINISTRATIVE AUTHORITIES.

(a) I

ENERAL

.—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 identi-

fied 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 provi-

sions of title 5, United States Code:

‘‘(i) Subchapter II of chapter 35.

‘‘(ii) Sections 8335(b), 8336, 8344, 8414, 8468, 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) A

UTHORITY OF

REASURY

NSPECTOR

ENERAL FOR

DMINISTRATION

ROTECT

NTERNAL

EVENUE

ERVICE

MPLOYEES

.—Section 8D(k)(1)(C) of the Inspector General Act of

Applicability.

Deadline.

5 USC app. 8L

note.

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122 STAT. 4317 PUBLIC LAW 110–409—OCT. 14, 2008

LEGISLATIVE HISTORY—H.R. 928 (S. 2324):

HOUSE REPORTS: No. 110–354 (Comm. on Oversight and Government Reform).

SENATE REPORTS: No. 110–262 accompanying S. 2324 (Comm. on Homeland Se-

curity and Governmental Affairs).

CONGRESSIONAL RECORD:

Vol. 153 (2007): Oct. 3, considered and passed House.

Vol. 154 (2008): Sept. 24, considered and passed Senate, amended.

Sept. 25, 27, House considered and concurred in Senate

amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):

Oct. 14, Presidential statement.

1978 (5 U.S.C. App.) is amended by striking ‘‘physical security’’

and inserting ‘‘protection to the Commissioner of Internal Revenue’’.

Approved October 14, 2008.

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