An amendment numbered 3 printed in House Report 110-358 to 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.
What it does: 15 changes: replaces text in 7 places, inserts text in 8 places
Rep. Brad Miller (D-NC)Description
Amendment adds 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.
What it changes
15 changes to H.R. 928
We couldn't match these changes to the text of H.R. 928, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “adding at the end the following: 'An'” with “striking 'the reasons for any such removal to both Houses of Congress.' and inserting the…”
[struck: adding at the end the following: 'An'][inserted: 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']Original wording
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' ”.
Change 2: Replaces “; and” with new text
Struck: ; and
Inserted: (6) Knowing violation of a law, rule, or regulation.
Inserted: (7) Gross mismanagement.
Inserted: (8) Gross waste of funds.
Inserted: (9) Abuse of authority.
Original wording
Page 3, line 2, strike “; and” and insert the following:
Change 3: Inserts “and to the Inspector General of the entity” after “Congress”
…Congress[inserted: and to the Inspector General of the entity]…
Original wording
Page 3, line 11, insert after “Congress” the following: “and to the Inspector General of the entity”.
Change 4: Inserts “and professional standards” after “policies”
…policies[inserted: and professional standards]…
Original wording
Page 10, line 11, insert “and professional standards” after “policies”.
Change 5: Inserts new text on page 11, line 20
InsertsPrinted pageInserted: (d) Administrative Provisions.--
Inserted: (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.
Inserted: (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.
Original wording
Page 11, after line 20, insert the following:
Change 6: Replaces “3 or more” with “4”
[struck: 3 or more][inserted: 4]Original wording
Page 12, line 8, strike “3 or more” and insert “4”.
Change 7: Inserts “, acts with the knowledge of the Inspector General, or against whom an allegation is made…” after “General”
…General[inserted: , 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]…
Original wording
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”.
Change 8: Rewrites page 14, lines 8–14
ReplacesPrinted pageRemoves page 14, lines 8–14 of the printed bill. See that page
Inserted: (B) refer any allegation of wrongdoing to the agency of the executive branch with appropriate jurisdiction over the matter; and
Inserted: (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).
Original wording
Page 14, strike lines 8 through 14 and insert the following:
Change 9: Replaces “(5)(B)” with “(5)(C)”
[struck: (5)(B)][inserted: (5)(C)]Original wording
Page 14, line 20, strike “(5)(B)” and insert “(5)(C)”.
Change 10: Inserts new text on page 16, line 18
InsertsPrinted pageInserted: (10) Annual report.--
Inserted: (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:
Inserted: (i) The number of allegations received.
Inserted: (ii) The number of allegations referred to other agencies, including the number of allegations referred for criminal investigation.
Inserted: (iii) The number of allegations referred to the Chairperson of the Integrity Committee for investigation.
Inserted: (iv) The number of allegations closed without referral.
Inserted: (v) The date each allegation was received and the date each allegation was finally disposed of.
Inserted: (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.
Inserted: (vii) Other matters that the Council considers appropriate.
Inserted: (B) Requests for more information.--The Council shall provide more detailed information about specific allegations upon request from any of the following:
Inserted: (i) The chairman or ranking member of the Committee on Oversight and Government Reform of the House of Representatives.
Inserted: (ii) The chairman or ranking member of the Committee on Homeland Security and Governmental Affairs of the Senate.
Show 1 more inserted paragraphShow less
Inserted: (iii) The chairman or ranking member of the congressional committees of jurisdiction.
Original wording
Page 16, after line 18, insert the following:
Change 11: Replaces “(8)” with “(11)”
[struck: (8)][inserted: (11)]Original wording
Page 16, line 19, strike “(8)” and insert “(11)”.
Change 12: Rewrites page 17, lines 4–6
ReplacesPrinted pageRemoves page 17, lines 4–6 of the printed bill. See that page
Inserted: (b) Executive Orders and Policies and Procedures.--
Inserted: (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.
Inserted: (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).
Original wording
Page 17, strike lines 4 through 6 and insert the following:
Change 13: Inserts new text on page 21, line 12
InsertsPrinted pageInserted: (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).
Original wording
Page 21, after line 12, insert the following:
Change 14: Inserts new text on page 22, line 10
InsertsPrinted pageInserted: (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.
Original wording
Page 22, insert after line 10 the following:
Change 15: Inserts new text on page 24, line 3
InsertsPrinted pageInserted: (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.
Original wording
Page 24, insert after line 3 the following:
Shown as written
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 16, strike lines 5 though 18 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
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.
Legislative Activity
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House amendment offered
October 3, 2007
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House amendment offered
October 3, 2007
House amendment agreed to: On agreeing to the Miller (NC) amendment (A003) Agreed to by voice vote.
October 3, 2007 • 1:13 PM
Amendment agreed to Committee of the Whole
October 3, 2007 • 1:13 PM
House amendment offered/reported by : Amendment (A003) offered by Mr. Miller (NC).(consideration: CR H11196-11198; text: CR H11196-11197)
October 3, 2007 • 1:05 PM
Amendment (A003) offered by Mr. Miller (NC). (consideration: CR H11196-11198; text: CR H11196-11197)
October 3, 2007 • 1:05 PM
On agreeing to the Miller (NC) amendment (A003) Agreed to by voice vote.
October 3, 2007 • 1:13 PM