[House Report 110-358]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-358
======================================================================
PROVIDING FOR CONSIDERATION OF 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
_______
October 2, 2007.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Sutton, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 701]
The Committee on Rules, having had under consideration
House Resolution 701, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 928, the
Improving Government Accountability Act, under a structured
rule. The rule provides one hour of general debate equally
divided and controlled by the chairman and ranking minority
member of the Committee on Oversight and Government Reform. The
rule waives all points of order against consideration of the
bill except clauses 9 and 10 of rule XXI. The rule provides
that the amendment in the nature of a substitute recommended by
the Committee on Oversight and Government Reform now printed in
the bill shall be considered as an original bill for the
purpose of amendment and shall be considered as read. All
points of order against the committee amendment in the nature
of a substitute are waived except clause 10 of rule XXI. This
waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
The waiver all points of order against consideration of the
bill (except for clauses 9 and 10 of rule XXI) includes a
waiver of Section 306 of the Congressional Budget Act,
prohibiting consideration of legislation within the
jurisdiction of the Committee on the Budget unless reported by
the Budget Committee. The rule waives of all points of order
against the committee amendment in the nature of a substitute
(except for clause 10 of rule XXI). The committee is not aware
of any points of order against the substitute. The waiver is
prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 327
Date: October 2, 2007.
Measure: H.R. 928.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. Conyers (MI), The amendment would provide that the
Department of Justice (DOJ) Inspector General is not required
to refer to the Counsel of the Office of Professional
Responsibility (OPR) of DOJ, allegations of misconduct
involving DOJ attorneys and related personnel where the
allegations relate to the exercise of the authority of an
attorney to investigate, litigate, or provide legal advice. (10
minutes)
2. Davis, Tom (VA), The amendment would revise section 3
(``direct submission of budget requests to Congress'') by
striking language authorizing all IGs to independently submit
their office's budget requests to Congress, separate and apart
from the President's budget submission, and inserting language
requiring IGs to notify Congress only if the budget request
submitted by the agency would ``substantially inhibit the
Inspector General from performing the duties of the office.''
(10 minutes)
3. Miller, Brad (NC), The amendment would add additional
reasons for which an IG may be removed from office, make
certain changes to make the statute conform to existing
Executive Orders, and require an annual report by the Council
of the Inspectors General on Integrity and Efficiency on the
activities of its Integrity Committee. (10 minutes)
4. Miller, Brad (NC), The amendment would establish a
committee of Inspectors General of the Inspectors General
Council to review the qualifications of nominees and final
candidates for the position of Inspector General in all
government establishments and entities to determine whether
they meet the integrity and professional qualifications for the
position established by the Inspector General Act. The
committee would also be required to report back to the relevant
Senate committee or federal appointing entity. (10 minutes)
5. Gillibrand (NY), The amendment would require that each
federal agency website has a direct link to the website of the
Office of Inspector General for that agency, that the Inspector
General of each agency posts all reports and audits online
within one day of being made publicly available, and that all
Inspector General websites facilitate the individual, anonymous
reporting of waste, fraud and abuse. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Conyers of Michigan, or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section (and
conform the table of contents accordingly):
SEC. 9. AMENDMENTS TO SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF
JUSTICE.
(a) Amendment to Requirement Relating to Certain Referrals.--
Section 8E(b) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by striking paragraph (3).
(b) Conforming Amendments.--Section 8E of such Act is further
amended
(1) in subsection (b)--
(A) by striking ``and paragraph (3)'' in
paragraph (2);
(B) by redesignating paragraph (4) as
paragraph (3); and
(C) by redesignating paragraph (5) as
paragraph (4) and in that paragraph by striking
``(4)'' and inserting ``(3)''; and
(2) in subsection (d), by striking ``, except with
respect to allegations described in subsection
(b)(3),''.
----------
2. An Amendment To Be Offered by Representative Tom Davis of Virginia,
or His Designee, Debatable for 10 Minutes
Page 4, starting on line 20, strike ``may'' and all that
follows through line 25 and insert the following: ``shall
inform the appropriate committees or subcommittees of the
Congress if the budget request submitted by the head of the
establishment would substantially inhibit the Inspector General
from performing the duties of the office.''
Page 5, line 2, strike ``Congress--'' and all that follows
through line 10 and insert the following: ``Congress a separate
statement of the amount of appropriations requested by each
Inspector General.''
----------
3. An Amendment To Be Offered by Representative Miller of North
Carolina, or His Designee, Debatable for 10 Minutes
Page 2, beginning on line 12, strike ``adding at the end the
following: `An''' and insert ``striking `the reasons for any
such removal to both Houses of Congress.' and inserting the
following: `in writing the reasons for any such removal to both
Houses of Congress and to the Inspector General of the
establishment at least 30 days before such removal. An'''.
Page 3, line 2, strike ``; and'' and insert the following:
``(6) Knowing violation of a law, rule, or
regulation.
``(7) Gross mismanagement.
``(8) Gross waste of funds.
``(9) Abuse of authority.''; and
Page 3, line 11, insert after ``Congress'' the following:
``and to the Inspector General of the entity''.
Page 5, starting on line 22, strike ``increase'' and all that
follows through line 26 and insert the following: ``coordiniate
and enhance governmental efforts to promote integrity and
efficiency and to detect and prevent fraud, waste, and abuse in
Federal programs.''
Page 10, line 11, insert ``and professional standards'' after
``policies''.
Page 11, after line 20, insert the following:
``(d) Administrative Provisions.--
``(1) Director of omb.--The Director of the Office of
Management and Budget shall provide the Council with
such administrative support as may be necessary for the
performance of the functions of the Council.
``(2) Heads.--The head of each establishment and
designated Federal entity represented on the Council
shall provide the persons representing the
establishment or entity with such administrative
support as may be necessary, in accordance with law, to
enable the persons representing the establishment or
entity to carry out their responsibilities.''.
Page 12, line 8, strike ``3 or more'' and insert ``4''.
Page 13, line 19, after ``General'' insert the following: ``,
acts with the knowledge of the Inspector General, or against
whom an allegation is made because such allegation is related
to an allegation against the Inspector General, except that if
an allegation concerns a member of the Integrity Committee,
that member shall recuse himself from consideration of the
matter''.
Page 14, strike lines 8 through 14 and insert the following:
``(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 Committee any allegation of
wrongdoing determined by the Integrity
Committee to be potentially meritorious that
cannot be referred to an agency under
subparagraph (B).''.
Page 14, line 20, strike ``(5)(B)'' and insert ``(5)(C)''.
Page 16, strike lines 5 though 18 and insert the following:
``(8) Report.--
``(A) For allegations referred under
paragraph (5)(C), the Chairperson of the
Integrity Committee shall make a report
containing the results of his investigation and
shall provide such report to members of the
Integrity Committee.
``(B) For allegations referred under
paragraph (5)(B), the head of an agency shall
make a report containing the results of the
investigation and shall provide such report to
members of the Integrity Committee.
``(9) Assessment and final disposition.--
``(A) With respect to any report received
under paragraph (8), the Integrity Committee
shall--
``(i) assess the report;
``(ii) forward the report, with the
Integrity Committee recommendations,
including those on disciplinary action,
within 180 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 his staff) or the head
of a designated Federal entity (in the
case of a report relating to an
Inspector General of such an entity or
his staff) for resolution; and
``(iii) submit to Congress a copy of
such report and recommendations within
30 days after the submission of such
report to the Executive Chairperson
under clause (ii).
``(B) The 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.''.
Page 16, after line 18, insert the following:
``(10) Annual report.--
``(A) Matters covered.--The Council shall
submit to Congress and the President by
December 31st of each year a report on the
activities of the Integrity Committee during
the preceding fiscal year. The report shall
include the following:
``(i) The number of allegations
received.
``(ii) The number of allegations
referred to other agencies, including
the number of allegations referred for
criminal investigation.
``(iii) The number of allegations
referred to the Chairperson of the
Integrity Committee for investigation.
``(iv) The number of allegations
closed without referral.
``(v) The date each allegation was
received and the date each allegation
was finally disposed of.
``(vi) In the case of allegations
referred to the Chairperson 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.
``(vii) Other matters that the
Council considers appropriate.
``(B) Requests for more information.--The
Council shall provide more detailed information
about specific allegations upon request from
any of the following:
``(i) The chairman or ranking member
of the Committee on Oversight and
Government Reform of the House of
Representatives.
``(ii) The chairman or ranking member
of the Committee on Homeland Security
and Governmental Affairs of the Senate.
``(iii) The chairman or ranking
member of the congressional committees
of jurisdiction.''.
Page 16, line 19, strike ``(8)'' and insert ``(11)''.
Page 17, strike lines 4 through 6 and insert the following:
(b) Executive Orders and Policies and Procedures.--
(1) Existing executive orders.--Executive Order
12805, dated May 11, 1992, and Executive Order 12993,
dated March 21, 1996, shall have no force or effect.
(2) Policies and procedures.--Not later than 180 days
after the date of the enactment of this Act, the
Inspectors General Council shall adopt policies and
procedures to implement this section and the amendments
made by this section. To the maximum extent
practicable, the policies and procedures shall include
all provisions of Executive Orders 12805 and 12933 (as
in effect before the date of the enactment of this
Act).
Page 21, after line 12, insert the following:
(3) Additional conforming amendment.--Section 194(b)
of the National and Community Service Act of 1990 (42
U.S.C. 12651e(b)) is amended by striking paragraph (3).
Page 22, insert after line 10 the following:
(d) Savings Provision for Newly Appointed Inspectors
General.--The provisions of section 3392, 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.
Page 24, insert after line 3 the following:
(d) Qualifications of Inspectors General of Designated
Federal Entities.--Section 8G(c)(1) of the Inspector General
Act of 1978 (5 U.S.C. App.), as amended by this Act, is further
amended by striking the period and inserting ``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.
----------
4. An Amendment To Be Offered by Representative Miller of North
Carolina, or His Designee, Debatable for 10 Minutes
Page 4, after line 12, insert the following new paragraph:
(c)(1) in section 3(a), by inserting after the first
sentence the following: ``A committee of Inspectors
General of the Inspectors General Council established
under section 11 shall review nominations in light of
these requirements, and the results of the committee's
review shall be provided to the Senate prior to the
confirmation process.''
(2) in section 8G(c), by adding at the end the
following: ``The head of the designated Federal entity
shall ask the committee of Inspectors General referred
to in section 3(a) for a report on the qualifications
of each final candidate for Inspector General and shall
not appoint an Inspector General before reviewing such
report.''
Page 4, line 13, strike ``(c)'' and insert ``(d)''.
----------
5. An Amendment To Be Offered by Representative Gillibrand of New York,
or Her Designee, Debatable for 10 Minutes
At the end of the bill add the following new section (and
conform the table of contents):
SEC. 9. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS GENERAL.
(a) Definition.--In this section, the term ``agency'' has the
meaning provided the term ``Federal agency'' under section
11(5) of the Inspector General Act of 1978 (5 U.S.C. App.).
(b) Direct Links to Inspectors General Offices.--
(1) In general.--Each agency shall establish and
maintain 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) Accessibility.--The direct link under paragraph
(1) shall be obvious and facilitate accessibility to
the website of the Office of the Inspector General.
(c) Requirements for Inspectors General Websites.--
(1) Posting of reports and audits.--The Inspector
General of each agency shall--
(A) not later than 1 day after any report or
audit (or portion of any report or audit) is
made publicly available, post that report or
audit (or portion of that report or audit) on
the website of the Office of the 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, sortable,
and downloadable; and
(II) facilitates printing by
individuals of the public who
are accessing the website.
(2) Option to receive related information.--The
Inspector General of each agency shall provide a
service on the website of the Office of the Inspector
General through which--
(A) an individual may elect to automatically
receive information (including subsequent
reports or audits) relating to any posted
report or audit (or portion of that report or
audit) described under paragraph (1)(A); and
(B) the Inspector General shall
electronically transmit the information or
notice of the availability of the information
to that individual without further request.
(3) Reporting of waste, fraud, and abuse.--
(A) In 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 waste, fraud, and abuse.
(B) Anonymity.--The Inspector General of each
agency shall take such actions as necessary to
ensure the anonymity of any individual making a
report under this paragraph.
(d) Implementation.--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 this section.