Obama violated Federal Law in Firing an Inspector General
18 Jul 2011, 11:02 pm
[youtube]http://www.youtube.com/watch?v=_0-TH5zMmug[/youtube]
I had forgotten about this in the course of everything else but I stumbled across this while looking for information for another topic.
2008 Law in which Obama voted for.
An Inspector General cannot be fired without 30 days adv notice and a given reason for it, and has to be brought to Congress.
Update: Fixed link to right video.
iamnotaparakeet
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19 Jul 2011, 12:03 pm
Inuyasha tossed a pointer me on this.
Not my normal fare, but curiosity is curtiosity, and mine is 'satiable, so I came in.
Videos are to me pretty useless but I found this http://online.wsj.com/article/SB124511811033017539.html
My reaction -
politics was
politics is
politics will be.
Vanity of vanities, says Philologos.
This looks just like what happened in my Department.
Obama cannot act like a statesman, but he can emulate a pol and does a good job at spoiled high school sophomore president of the debating club.
19 Jul 2011, 2:26 pm
Having read the details of the termination and the text of the Inspector General Reform Act of 2008, the only vaguery of law that appears to have been potentially broken was whether or not Obama notified congress in writing.
That ammendment to the Inspector General Act just says that the president has to provide written notice no later than 30 days before the termination date.
Obama suspended Walpin and made his termination effective in 30 days.
So the legal test here, if you were to land in court, would be whether the public pronouncement of his pending termination - which doubtless resulted in it being written on some piece of paper somewhere in congress - amounted to "written notice".
Walpin's action was politically motivated, and so was Obama's. Sixes, really, on the point of morality.
I have yet to find proof that written notice was not given to congress. It's merely speculated all over the internet that it probably wasn't.
20 Jul 2011, 12:02 am
blauSamstag wrote:
Having read the details of the termination and the text of the Inspector General Reform Act of 2008, the only vaguery of law that appears to have been potentially broken was whether or not Obama notified congress in writing.
That ammendment to the Inspector General Act just says that the president has to provide written notice no later than 30 days before the termination date.
Obama suspended Walpin and made his termination effective in 30 days.
So the legal test here, if you were to land in court, would be whether the public pronouncement of his pending termination - which doubtless resulted in it being written on some piece of paper somewhere in congress - amounted to "written notice".
Walpin's action was politically motivated, and so was Obama's. Sixes, really, on the point of morality.
I have yet to find proof that written notice was not given to congress. It's merely speculated all over the internet that it probably wasn't.
That ammendment to the Inspector General Act just says that the president has to provide written notice no later than 30 days before the termination date.
Obama suspended Walpin and made his termination effective in 30 days.
So the legal test here, if you were to land in court, would be whether the public pronouncement of his pending termination - which doubtless resulted in it being written on some piece of paper somewhere in congress - amounted to "written notice".
Walpin's action was politically motivated, and so was Obama's. Sixes, really, on the point of morality.
I have yet to find proof that written notice was not given to congress. It's merely speculated all over the internet that it probably wasn't.
Uh Obama violated the law, because an Inspector General (unlike a typical attorney) does not serve at the pleasure of the President, they are there to conduct investigations into fraud and abuse within government no matter whom they tick off politically.
It looks like he stumbled across something that implicated one of Obama's political cronies and so Obama fired the man, then later on came up with a phony story concerning the man's competience, not that the Democrats in Congress cared.
20 Jul 2011, 12:07 am
Inuyasha wrote:
blauSamstag wrote:
Having read the details of the termination and the text of the Inspector General Reform Act of 2008, the only vaguery of law that appears to have been potentially broken was whether or not Obama notified congress in writing.
That ammendment to the Inspector General Act just says that the president has to provide written notice no later than 30 days before the termination date.
Obama suspended Walpin and made his termination effective in 30 days.
So the legal test here, if you were to land in court, would be whether the public pronouncement of his pending termination - which doubtless resulted in it being written on some piece of paper somewhere in congress - amounted to "written notice".
Walpin's action was politically motivated, and so was Obama's. Sixes, really, on the point of morality.
I have yet to find proof that written notice was not given to congress. It's merely speculated all over the internet that it probably wasn't.
That ammendment to the Inspector General Act just says that the president has to provide written notice no later than 30 days before the termination date.
Obama suspended Walpin and made his termination effective in 30 days.
So the legal test here, if you were to land in court, would be whether the public pronouncement of his pending termination - which doubtless resulted in it being written on some piece of paper somewhere in congress - amounted to "written notice".
Walpin's action was politically motivated, and so was Obama's. Sixes, really, on the point of morality.
I have yet to find proof that written notice was not given to congress. It's merely speculated all over the internet that it probably wasn't.
Uh Obama violated the law, because an Inspector General (unlike a typical attorney) does not serve at the pleasure of the President, they are there to conduct investigations into fraud and abuse within government no matter whom they tick off politically.
It looks like he stumbled across something that implicated one of Obama's political cronies and so Obama fired the man, then later on came up with a phony story concerning the man's competience, not that the Democrats in Congress cared.
Below is the entire text of the Inspector General Reform Act of 2008. It appears to give the President authority to fire or transfer any inspector general with 30 days written notice to congress.
Please point out any part of this that i have misunderstood.
Quote:
UNITED STATES PUBLIC LAWS
110th Congress 2nd Session
(c) 2008, LEXIS-NEXIS, A DIVISION OF REED ELSEVIER INC. AND REED ELSEVIER PROPERTIES INC.
PUBLIC LAW 110-409 [H.R. 928]
OCT. 14, 2008
INSPECTOR GENERAL REFORM ACT OF 2008
110 P.L. 409; 122 Stat. 4302; 2008 Enacted H.R. 928; 110 Enacted H.R. 928
BILL TRACKING REPORT: 110 Bill Tracking H.R. 928
FULL TEXT VERSION(S) OF BILL: 110 H.R. 928
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,
[*1] SECTION 1. SHORT TITLE.
This Act may be cited as the "Inspector General Reform Act of 2008".
[*2] SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GENERAL.
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.".
[*3] SEC. 3. REMOVAL OF INSPECTORS GENERAL.
(a) Establishments.--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 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.".
(b) Designated Federal Entities.--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.".
[*4] SEC. 4. PAY OF INSPECTORS GENERAL.
(a) 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.), is amended by adding at the end the following:
"(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) Technical 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.
(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) Applicability to other inspectors general.----
(A) In 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 the Inspector General Act of 1978 (5 U.S.C. App.) (as amended by section 7(a) of this Act).
(B) Prohibition 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) Additional technical and 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).
(b) Inspectors General of Designated Federal Entities.--
(1) In 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 designation, 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 designated Federal entity calculated on an annual basis.
(2) Limitation on adjustment.----
(A) In 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) Sunset of limitation.--The limitation under subparagraph (A) shall not apply to any adjustment made in fiscal year 2013 or each fiscal year thereafter.
(c) Savings Provision for Newly Appointed Inspectors General.--
(1) In 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) Nonreduction 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 performance award, as a result of being appointed to the position of Inspector General.
(d) Savings Provision.--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--
(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 position of Inspector General is established by statute.
[*5] 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.".
[*6] SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL.
(a) Counsels to Inspectors General of Establishment.--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) Counsels to Inspectors General of Designated Federal Entities.--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 governing 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; or
"(C) obtain the services of appropriate staff of the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.".
(c) Rule of Construction.--Nothing in the amendments made by this section shall be construed to alter the duties and responsibilities 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.
[*7] SEC. 7. 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 as sections 12 and 13, respectively, and by inserting after section 10 the following:
"Sec. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.
"(a) Establishment and Mission.--
"(1) Establishment.-- There is established as an independent entity within the executive branch the Council of the Inspectors General on Integrity and Efficiency (in this section referred to as the 'Council').
"(2) Mission.-- 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) 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 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) 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 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) 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 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 assists the Council in performing its functions.
"(B) Chairperson.--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 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 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, 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, 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) 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, 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;
"(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) Adherence 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, organizations, 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 Chairperson.
"(3) Additional administrative authorities.----
"(A) Interagency 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 Chairperson, any department, agency, or entity of the executive branch which has a member on the Council shall fund or participate in the funding of such activities.
"(B) Revolving fund.--
"(i) In 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 department or agency to use an existing revolving fund.
"(ii) Amounts in revolving fund.--
"(I) In general.--Amounts transferred to the Council under this subsection shall be deposited in the revolving fund described under clause (i)(I) or (II).
"(II) Training.--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) Use of revolving fund.--
"(I) In 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) Training.--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) Availability 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) Superseding 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 specific reference to the authority in that paragraph.
"(4) Existing 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 Government agency or entity; and
"(C) 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 staff members of the various Offices of Inspector General described under paragraph (4)(C).
"(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, and maintain the records of the Committee.
"(B) Four 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 the office of that Inspector General, 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) Definition.--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) 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 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 Committee any allegation of wrongdoing determined by the Integrity Committee under subparagraph (A) to be potentially meritorious that cannot be referred to an agency under subparagraph (B).
"(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)(C) 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 under 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.--
"(i) Establishment.--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.
"(ii) Submission to congress.--The Council shall submit a copy of the policies and procedures established under clause (i) to the congressional committees of jurisdiction.
"(C) Reports.--
"(i) Potentially 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) Allegations of wrongdoing.--For allegations 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) Assessment and final disposition.----
"(A) In 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 disciplinary 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 Governmental Affairs of the Senate, and other congressional committees of jurisdiction an executive summary of such report and recommendations within 30 days after the submission of such report to the Executive Chairperson under clause (ii).
"(B) Disposition.--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) Annual report.-- The Council shall submit to Congress and the President by December 31 of each year a report on the activities of the Integrity Committee during the preceding fiscal year, which shall include the following:
"(A) The number of allegations received.
"(B) The number of allegations referred to other agencies, including the number of allegations referred for criminal investigation.
"(C) The number of allegations referred to the Chairperson 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 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.
"(G) Other matters that the Council considers appropriate.
110th Congress 2nd Session
(c) 2008, LEXIS-NEXIS, A DIVISION OF REED ELSEVIER INC. AND REED ELSEVIER PROPERTIES INC.
PUBLIC LAW 110-409 [H.R. 928]
OCT. 14, 2008
INSPECTOR GENERAL REFORM ACT OF 2008
110 P.L. 409; 122 Stat. 4302; 2008 Enacted H.R. 928; 110 Enacted H.R. 928
BILL TRACKING REPORT: 110 Bill Tracking H.R. 928
FULL TEXT VERSION(S) OF BILL: 110 H.R. 928
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,
[*1] SECTION 1. SHORT TITLE.
This Act may be cited as the "Inspector General Reform Act of 2008".
[*2] SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GENERAL.
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.".
[*3] SEC. 3. REMOVAL OF INSPECTORS GENERAL.
(a) Establishments.--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 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.".
(b) Designated Federal Entities.--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.".
[*4] SEC. 4. PAY OF INSPECTORS GENERAL.
(a) 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.), is amended by adding at the end the following:
"(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) Technical 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.
(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) Applicability to other inspectors general.----
(A) In 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 the Inspector General Act of 1978 (5 U.S.C. App.) (as amended by section 7(a) of this Act).
(B) Prohibition 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) Additional technical and 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).
(b) Inspectors General of Designated Federal Entities.--
(1) In 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 designation, 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 designated Federal entity calculated on an annual basis.
(2) Limitation on adjustment.----
(A) In 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) Sunset of limitation.--The limitation under subparagraph (A) shall not apply to any adjustment made in fiscal year 2013 or each fiscal year thereafter.
(c) Savings Provision for Newly Appointed Inspectors General.--
(1) In 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) Nonreduction 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 performance award, as a result of being appointed to the position of Inspector General.
(d) Savings Provision.--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--
(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 position of Inspector General is established by statute.
[*5] 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.".
[*6] SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL.
(a) Counsels to Inspectors General of Establishment.--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) Counsels to Inspectors General of Designated Federal Entities.--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 governing 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; or
"(C) obtain the services of appropriate staff of the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.".
(c) Rule of Construction.--Nothing in the amendments made by this section shall be construed to alter the duties and responsibilities 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.
[*7] SEC. 7. 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 as sections 12 and 13, respectively, and by inserting after section 10 the following:
"Sec. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.
"(a) Establishment and Mission.--
"(1) Establishment.-- There is established as an independent entity within the executive branch the Council of the Inspectors General on Integrity and Efficiency (in this section referred to as the 'Council').
"(2) Mission.-- 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) 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 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) 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 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) 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 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 assists the Council in performing its functions.
"(B) Chairperson.--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 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 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, 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, 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) 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, 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;
"(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) Adherence 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, organizations, 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 Chairperson.
"(3) Additional administrative authorities.----
"(A) Interagency 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 Chairperson, any department, agency, or entity of the executive branch which has a member on the Council shall fund or participate in the funding of such activities.
"(B) Revolving fund.--
"(i) In 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 department or agency to use an existing revolving fund.
"(ii) Amounts in revolving fund.--
"(I) In general.--Amounts transferred to the Council under this subsection shall be deposited in the revolving fund described under clause (i)(I) or (II).
"(II) Training.--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) Use of revolving fund.--
"(I) In 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) Training.--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) Availability 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) Superseding 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 specific reference to the authority in that paragraph.
"(4) Existing 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 Government agency or entity; and
"(C) 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 staff members of the various Offices of Inspector General described under paragraph (4)(C).
"(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, and maintain the records of the Committee.
"(B) Four 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 the office of that Inspector General, 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) Definition.--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) 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 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 Committee any allegation of wrongdoing determined by the Integrity Committee under subparagraph (A) to be potentially meritorious that cannot be referred to an agency under subparagraph (B).
"(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)(C) 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 under 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.--
"(i) Establishment.--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.
"(ii) Submission to congress.--The Council shall submit a copy of the policies and procedures established under clause (i) to the congressional committees of jurisdiction.
"(C) Reports.--
"(i) Potentially 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) Allegations of wrongdoing.--For allegations 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) Assessment and final disposition.----
"(A) In 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 disciplinary 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 Governmental Affairs of the Senate, and other congressional committees of jurisdiction an executive summary of such report and recommendations within 30 days after the submission of such report to the Executive Chairperson under clause (ii).
"(B) Disposition.--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) Annual report.-- The Council shall submit to Congress and the President by December 31 of each year a report on the activities of the Integrity Committee during the preceding fiscal year, which shall include the following:
"(A) The number of allegations received.
"(B) The number of allegations referred to other agencies, including the number of allegations referred for criminal investigation.
"(C) The number of allegations referred to the Chairperson 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 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.
"(G) Other matters that the Council considers appropriate.
20 Jul 2011, 12:13 am
blauSamstag wrote:
Inuyasha wrote:
blauSamstag wrote:
Having read the details of the termination and the text of the Inspector General Reform Act of 2008, the only vaguery of law that appears to have been potentially broken was whether or not Obama notified congress in writing.
That ammendment to the Inspector General Act just says that the president has to provide written notice no later than 30 days before the termination date.
Obama suspended Walpin and made his termination effective in 30 days.
So the legal test here, if you were to land in court, would be whether the public pronouncement of his pending termination - which doubtless resulted in it being written on some piece of paper somewhere in congress - amounted to "written notice".
Walpin's action was politically motivated, and so was Obama's. Sixes, really, on the point of morality.
I have yet to find proof that written notice was not given to congress. It's merely speculated all over the internet that it probably wasn't.
That ammendment to the Inspector General Act just says that the president has to provide written notice no later than 30 days before the termination date.
Obama suspended Walpin and made his termination effective in 30 days.
So the legal test here, if you were to land in court, would be whether the public pronouncement of his pending termination - which doubtless resulted in it being written on some piece of paper somewhere in congress - amounted to "written notice".
Walpin's action was politically motivated, and so was Obama's. Sixes, really, on the point of morality.
I have yet to find proof that written notice was not given to congress. It's merely speculated all over the internet that it probably wasn't.
Uh Obama violated the law, because an Inspector General (unlike a typical attorney) does not serve at the pleasure of the President, they are there to conduct investigations into fraud and abuse within government no matter whom they tick off politically.
It looks like he stumbled across something that implicated one of Obama's political cronies and so Obama fired the man, then later on came up with a phony story concerning the man's competience, not that the Democrats in Congress cared.
Below is the entire text of the Inspector General Reform Act of 2008. It appears to give the President authority to fire or transfer any inspector general with 30 days written notice to congress.
Please point out any part of this that i have misunderstood.
Quote:
UNITED STATES PUBLIC LAWS
110th Congress 2nd Session
(c) 2008, LEXIS-NEXIS, A DIVISION OF REED ELSEVIER INC. AND REED ELSEVIER PROPERTIES INC.
PUBLIC LAW 110-409 [H.R. 928]
OCT. 14, 2008
INSPECTOR GENERAL REFORM ACT OF 2008
110 P.L. 409; 122 Stat. 4302; 2008 Enacted H.R. 928; 110 Enacted H.R. 928
BILL TRACKING REPORT: 110 Bill Tracking H.R. 928
FULL TEXT VERSION(S) OF BILL: 110 H.R. 928
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,
[*1] SECTION 1. SHORT TITLE.
This Act may be cited as the "Inspector General Reform Act of 2008".
[*2] SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GENERAL.
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.".
[*3] SEC. 3. REMOVAL OF INSPECTORS GENERAL.
(a) Establishments.--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 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.".
(b) Designated Federal Entities.--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.".
[*4] SEC. 4. PAY OF INSPECTORS GENERAL.
(a) 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.), is amended by adding at the end the following:
"(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) Technical 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.
(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) Applicability to other inspectors general.----
(A) In 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 the Inspector General Act of 1978 (5 U.S.C. App.) (as amended by section 7(a) of this Act).
(B) Prohibition 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) Additional technical and 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).
(b) Inspectors General of Designated Federal Entities.--
(1) In 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 designation, 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 designated Federal entity calculated on an annual basis.
(2) Limitation on adjustment.----
(A) In 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) Sunset of limitation.--The limitation under subparagraph (A) shall not apply to any adjustment made in fiscal year 2013 or each fiscal year thereafter.
(c) Savings Provision for Newly Appointed Inspectors General.--
(1) In 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) Nonreduction 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 performance award, as a result of being appointed to the position of Inspector General.
(d) Savings Provision.--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--
(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 position of Inspector General is established by statute.
[*5] 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.".
[*6] SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL.
(a) Counsels to Inspectors General of Establishment.--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) Counsels to Inspectors General of Designated Federal Entities.--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 governing 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; or
"(C) obtain the services of appropriate staff of the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.".
(c) Rule of Construction.--Nothing in the amendments made by this section shall be construed to alter the duties and responsibilities 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.
[*7] SEC. 7. 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 as sections 12 and 13, respectively, and by inserting after section 10 the following:
"Sec. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.
"(a) Establishment and Mission.--
"(1) Establishment.-- There is established as an independent entity within the executive branch the Council of the Inspectors General on Integrity and Efficiency (in this section referred to as the 'Council').
"(2) Mission.-- 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) 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 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) 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 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) 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 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 assists the Council in performing its functions.
"(B) Chairperson.--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 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 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, 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, 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) 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, 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;
"(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) Adherence 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, organizations, 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 Chairperson.
"(3) Additional administrative authorities.----
"(A) Interagency 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 Chairperson, any department, agency, or entity of the executive branch which has a member on the Council shall fund or participate in the funding of such activities.
"(B) Revolving fund.--
"(i) In 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 department or agency to use an existing revolving fund.
"(ii) Amounts in revolving fund.--
"(I) In general.--Amounts transferred to the Council under this subsection shall be deposited in the revolving fund described under clause (i)(I) or (II).
"(II) Training.--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) Use of revolving fund.--
"(I) In 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) Training.--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) Availability 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) Superseding 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 specific reference to the authority in that paragraph.
"(4) Existing 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 Government agency or entity; and
"(C) 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 staff members of the various Offices of Inspector General described under paragraph (4)(C).
"(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, and maintain the records of the Committee.
"(B) Four 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 the office of that Inspector General, 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) Definition.--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) 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 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 Committee any allegation of wrongdoing determined by the Integrity Committee under subparagraph (A) to be potentially meritorious that cannot be referred to an agency under subparagraph (B).
"(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)(C) 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 under 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.--
"(i) Establishment.--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.
"(ii) Submission to congress.--The Council shall submit a copy of the policies and procedures established under clause (i) to the congressional committees of jurisdiction.
"(C) Reports.--
"(i) Potentially 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) Allegations of wrongdoing.--For allegations 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) Assessment and final disposition.----
"(A) In 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 disciplinary 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 Governmental Affairs of the Senate, and other congressional committees of jurisdiction an executive summary of such report and recommendations within 30 days after the submission of such report to the Executive Chairperson under clause (ii).
"(B) Disposition.--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) Annual report.-- The Council shall submit to Congress and the President by December 31 of each year a report on the activities of the Integrity Committee during the preceding fiscal year, which shall include the following:
"(A) The number of allegations received.
"(B) The number of allegations referred to other agencies, including the number of allegations referred for criminal investigation.
"(C) The number of allegations referred to the Chairperson 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 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.
"(G) Other matters that the Council considers appropriate.
110th Congress 2nd Session
(c) 2008, LEXIS-NEXIS, A DIVISION OF REED ELSEVIER INC. AND REED ELSEVIER PROPERTIES INC.
PUBLIC LAW 110-409 [H.R. 928]
OCT. 14, 2008
INSPECTOR GENERAL REFORM ACT OF 2008
110 P.L. 409; 122 Stat. 4302; 2008 Enacted H.R. 928; 110 Enacted H.R. 928
BILL TRACKING REPORT: 110 Bill Tracking H.R. 928
FULL TEXT VERSION(S) OF BILL: 110 H.R. 928
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,
[*1] SECTION 1. SHORT TITLE.
This Act may be cited as the "Inspector General Reform Act of 2008".
[*2] SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GENERAL.
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.".
[*3] SEC. 3. REMOVAL OF INSPECTORS GENERAL.
(a) Establishments.--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 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.".
(b) Designated Federal Entities.--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.".
[*4] SEC. 4. PAY OF INSPECTORS GENERAL.
(a) 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.), is amended by adding at the end the following:
"(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) Technical 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.
(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) Applicability to other inspectors general.----
(A) In 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 the Inspector General Act of 1978 (5 U.S.C. App.) (as amended by section 7(a) of this Act).
(B) Prohibition 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) Additional technical and 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).
(b) Inspectors General of Designated Federal Entities.--
(1) In 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 designation, 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 designated Federal entity calculated on an annual basis.
(2) Limitation on adjustment.----
(A) In 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) Sunset of limitation.--The limitation under subparagraph (A) shall not apply to any adjustment made in fiscal year 2013 or each fiscal year thereafter.
(c) Savings Provision for Newly Appointed Inspectors General.--
(1) In 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) Nonreduction 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 performance award, as a result of being appointed to the position of Inspector General.
(d) Savings Provision.--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--
(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 position of Inspector General is established by statute.
[*5] 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.".
[*6] SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL.
(a) Counsels to Inspectors General of Establishment.--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) Counsels to Inspectors General of Designated Federal Entities.--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 governing 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; or
"(C) obtain the services of appropriate staff of the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.".
(c) Rule of Construction.--Nothing in the amendments made by this section shall be construed to alter the duties and responsibilities 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.
[*7] SEC. 7. 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 as sections 12 and 13, respectively, and by inserting after section 10 the following:
"Sec. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.
"(a) Establishment and Mission.--
"(1) Establishment.-- There is established as an independent entity within the executive branch the Council of the Inspectors General on Integrity and Efficiency (in this section referred to as the 'Council').
"(2) Mission.-- 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) 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 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) 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 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) 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 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 assists the Council in performing its functions.
"(B) Chairperson.--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 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 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, 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, 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) 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, 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;
"(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) Adherence 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, organizations, 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 Chairperson.
"(3) Additional administrative authorities.----
"(A) Interagency 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 Chairperson, any department, agency, or entity of the executive branch which has a member on the Council shall fund or participate in the funding of such activities.
"(B) Revolving fund.--
"(i) In 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 department or agency to use an existing revolving fund.
"(ii) Amounts in revolving fund.--
"(I) In general.--Amounts transferred to the Council under this subsection shall be deposited in the revolving fund described under clause (i)(I) or (II).
"(II) Training.--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) Use of revolving fund.--
"(I) In 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) Training.--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) Availability 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) Superseding 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 specific reference to the authority in that paragraph.
"(4) Existing 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 Government agency or entity; and
"(C) 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 staff members of the various Offices of Inspector General described under paragraph (4)(C).
"(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, and maintain the records of the Committee.
"(B) Four 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 the office of that Inspector General, 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) Definition.--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) 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 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 Committee any allegation of wrongdoing determined by the Integrity Committee under subparagraph (A) to be potentially meritorious that cannot be referred to an agency under subparagraph (B).
"(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)(C) 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 under 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.--
"(i) Establishment.--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.
"(ii) Submission to congress.--The Council shall submit a copy of the policies and procedures established under clause (i) to the congressional committees of jurisdiction.
"(C) Reports.--
"(i) Potentially 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) Allegations of wrongdoing.--For allegations 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) Assessment and final disposition.----
"(A) In 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 disciplinary 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 Governmental Affairs of the Senate, and other congressional committees of jurisdiction an executive summary of such report and recommendations within 30 days after the submission of such report to the Executive Chairperson under clause (ii).
"(B) Disposition.--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) Annual report.-- The Council shall submit to Congress and the President by December 31 of each year a report on the activities of the Integrity Committee during the preceding fiscal year, which shall include the following:
"(A) The number of allegations received.
"(B) The number of allegations referred to other agencies, including the number of allegations referred for criminal investigation.
"(C) The number of allegations referred to the Chairperson 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 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.
"(G) Other matters that the Council considers appropriate.
That does not mean the President is allowed to lie about the reason.
20 Jul 2011, 12:19 am
By the way, section 3b of the Inspector General Act of 1978, as amended by the Inspector General Act of 2008, says this:
Quote:
(b) An Inspector General may be removed from office by the President. 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 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.
You're flat out wrong. The president has every authority to remove and transfer inspectors general. With 30 days written notice to both houses of congress.
Surely Obama knew that he would need this when he rose to the office of the president, as he had been trained since birth.
20 Jul 2011, 12:21 am
Inuyasha wrote:
That does not mean the President is allowed to lie about the reason.
Doesn't say it's illegal for him to lie about the reason either. He just has to write it down and deliver it to both houses of congress 30 days in advance.
Show me the law that says that he has to fire inspectors general for only specific, good reasons. You are here alleging that a law has been broken, so point out which one.
This may come as a surprise to you, but in many parts of the USA, employees can be fired for any or no reason. Some states disingenuously call that "right to work" - mine calls it by the more honest term "at will".
20 Jul 2011, 8:04 am
Now that I've watched the interview: the government does have the Office of Special Counsel
http://www.osc.gov/
Reprisal for Whistle-blowing is supposed to be a no-no.
20 Jul 2011, 9:29 am
Inuyasha wrote:
That does not mean the President is allowed to lie about the reason.
You know things have gotten out of hand when you see those 5 yard quotes.
But fair is fair:
WHERE stands it written that it is illegal for the president to lie?
Remember that Clinton was praised for lying.
Remember that NO politician in the past 50 years has been elected without lying or being lied about.
Our great nation in certain cases will prosecute lying under oath or certain commercial misrepresentations. But civilization would collapse if it did not leave penalizing falsehood up to a God it mostly does not believe.
20 Jul 2011, 10:46 am
That's the thing, I'm pretty sure that presidents are not just allowed but expected to lie.
It would probably be pretty easy for Obama to argue that this inspector had such a hardon for going after liberals that he had neglected other serious cases. And that would be a solid argument in a court room.
You could also argue that it was the way he blew this whistle and not the fact that he blew it. But that is probably harder to argue in front of a judge.
It probably turns out that a president can terminate an inspector general just because he doesn't personally like him.
20 Jul 2011, 11:44 am
Usually, in federal cases, the supervisor has to give some reason for his action.
Then, the fired employee can try to rebut the stated reason, and try to make a case that the supervisor was simply trying to cover for some illegal personnel action (e.g., discrimination, whistleblower retaliation, etc.).
However, the fired employee almost never, ever wins. No matter how blatant the supervisor's lies.
He is a skilled lawyer, so he knows what to do and how to do it. For most employees at his age, the best option would have been to take his retirement and get out.
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