2013 US Code
Title 5 - Government Organization and Employees
Appendix (§§ 1 - 505)
INSPECTOR GENERAL ACT OF 1978 (§§ 1 - 13)
Section 11 - Establishment of the Council of the Inspectors General on Integrity and Efficiency
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES TITLE 5 - APPENDIX INSPECTOR GENERAL ACT OF 1978 Sec. 11 - Establishment of the Council of the Inspectors General on Integrity and Efficiency |
Contains | section 11 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 95-452, §11, as added Pub. L. 110-409, §7(a), Oct. 14, 2008, 122 Stat. 4305. |
Presidential Document Number References | Executive Order 12805, Executive Order 12933, Executive Order 12993 |
Statutes at Large References | 122 Stat. 4305, 4313 123 Stat. 1605 124 Stat. 1946 |
Public Law References | Public Law 95-452, Public Law 110-409, Public Law 111-15, Public Law 111-203 |
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(a)
(1)
(2)
(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)
(1)
(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)
(A)
(B)
(3)
(A)
(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)
(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)
(1)
(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)
(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)
(A)
(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)
(i)
(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)
(I)
(II)
(iii)
(I)
(II)
(iv)
(C)
(4)
(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)
(1)
(2)
(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)
(4)
(A)
(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)
(i) reports directly to an Inspector General; or
(ii) is designated by an Inspector General under subparagraph (C).
(C)
(5)
(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)
(A)
(B)
(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)
(A)
(B)
(i)
(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)
(C)
(i)
(ii)
(8)
(A)
(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 2 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)
(9)
(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.
(10)
(A) The chairperson or ranking member of the Committee on Homeland Security and Governmental Affairs of the Senate.
(B) The chairperson or ranking member of the Committee on Oversight and Government Reform of the House of Representatives.
(C) The chairperson or ranking member of the congressional committees of jurisdiction.
(11)
(Pub. L. 95–452, §11, as added Pub. L. 110–409, §7(a), Oct. 14, 2008, 122 Stat. 4305.)
REFERENCES IN TEXTThe date of enactment of this subsection, referred to in subsec. (c)(3)(C), is the date of enactment of Pub. L. 110–409, which was approved Oct. 14, 2008.
PRIOR PROVISIONSA prior section 11 of the Inspector General Act of 1978 was renumbered section 12.
EFFECTIVE DATE; EXISTING EXECUTIVE ORDERSPub. L. 110–409, §7(c), Oct. 14, 2008, 122 Stat. 4313, provided that:
“(1)
“(2)
“(A) the date on which the Council of the Inspectors General on Integrity and Efficiency becomes effective and operational as determined by the Executive Chairperson of the Council; or
“(B) the last day of the 180-day period beginning on the date of enactment of this Act.”
ADDITIONAL OVERSIGHT OF FINANCIAL REGULATORY SYSTEMPub. L. 111–203, title IX, §989E, July 21, 2010, 124 Stat. 1946, provided that:
“(a)
“(1)
“(A) The Board of Governors of the Federal Reserve System.
“(B) The Commodity Futures Trading Commission.
“(C) The Department of Housing and Urban Development.
“(D) The Department of the Treasury.
“(E) The Federal Deposit Insurance Corporation.
“(F) The Federal Housing Finance Agency.
“(G) The National Credit Union Administration.
“(H) The Securities and Exchange Commission.
“(I) The Troubled Asset Relief Program (until the termination of the authority of the Special Inspector General for such program under section 121(k) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(k))).
“(2)
“(A)
“(B)
“(i) for each inspector general who is a member of the Council of Inspectors General, a section within the exclusive editorial control of such inspector general that highlights the concerns and recommendations of such inspector general in such inspector general's ongoing and completed work, with a focus on issues that may apply to the broader financial sector; and
“(ii) a summary of the general observations of the Council of Inspectors General based on the views expressed by each inspector general as required by clause (i), with a focus on measures that should be taken to improve financial oversight.
“(3)
“(A)
“(B)
“(C)
“(b)
Pub. L. 111–15, §7, Apr. 24, 2009, 123 Stat. 1605, provided that: “The Special Inspector General for Iraq Reconstruction and the Special Inspector General for Afghanistan Reconstruction shall be a [sic] members of the Council of the Inspectors General on Integrity and Efficiency established under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) until the date of termination of the Office of the Special Inspector General for Iraq Reconstruction and the Office of the Special Inspector General for Afghanistan Reconstruction, respectively.”
1 So in original. Probably should be “subparagraph.”
2 So in original. Probably should be “Oversight and Government Reform”.
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