Administrative Allegations Against Inspectors General

This executive order establishes an Integrity Committee within the President's Council on Integrity and Efficiency (PCIE) and Executive Council on Integrity and Efficiency (ECIE) to independently investigate administrative allegations of wrongdoing against Inspectors General and certain senior staff members of Offices of Inspectors General when internal investigations are not feasible or appropriate jurisdiction is lacking. The FBI member serves as Chair, with authority to conduct investigations using detailed agency personnel, and the committee operates under established policies with reporting requirements to agency heads and the PCIE/ECIE Chairperson.

Federal Register Open PDF 61 FR 13043

Impact dates

Jun 19, 1996
PCIE/ECIE Chairperson may grant extension for agency head certification
May 20, 1996
Head of employing agency certifies personal review, action taken, and completion timeline

Key directives

Establish Integrity Committee with FBI Chair, Special Counsel, OGE Director, and three or more IGs
IGs must refer certain senior staff allegations when no executive branch agency has jurisdiction and internal investigation is not feasible
Integrity Committee must determine substantial likelihood of violation before referral to jurisdictional agency or certification to Chair for FBI investigation
FBI Director authorized to investigate allegations referred by Integrity Committee when no other agency has jurisdiction
Agency heads may provide resources and detail employees to Integrity Committee; employing agency of subject must reimburse costs
Investigation reports provided to Integrity Committee; agency heads must report scope and results of inquiries
Head of subject's employing agency must certify within 60 days personal review, action taken, and completion timeline; 30-day extension possible
All records maintained by FBI
Policies and procedures to be established by Integrity Committee and PCIE/ECIE Chairperson

Who is ordered

Timeline

Immediate

Integrity Committee composition and authority established
FBI Chair authorized to receive and investigate referred allegations

Near term (90d)

Integrity Committee and PCIE/ECIE Chairperson must establish policies and procedures for investigations and reporting
agency heads receiving reports must certify review and action within 60 days (with possible 30-day extension)

Long term

ongoing operation of independent investigative mechanism for IG oversight
potential expansion of policies to encompass other related issues

Risks & tensions

Potential conflict: FBI investigates IGs who may oversee FBI activities; recusal provision exists only for Integrity Committee members, not for broader institutional conflicts
Reimbursement mechanism (subject's employing agency pays) may create pressure on agencies or discourage thorough investigations
Vague standard: 'substantial likelihood' threshold for referral lacks definition, leaving discretion to Integrity Committee
Sec. 7 bars judicial review, limiting accountability for subjects of investigation
No explicit deadline for establishing policies and procedures in Sec. 5; 'in conjunction with' language may slow implementation