[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1368 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1368

      To establish the Congressional Office of Inspector General.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1993

Mr. Ridge introduced the following bill; which was referred jointly to 
            the Committees on House Administration and Rules

_______________________________________________________________________

                                 A BILL


 
      To establish the Congressional Office of Inspector General.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL OFFICE OF INSPECTOR GENERAL.

    There is created an establishment of the Government to be known as 
the Congressional Office of Inspector General, which shall be 
independent of the executive departments and under the control and 
direction of the Speaker and minority leader of the House of 
Representatives.

SEC. 2. PURPOSE AND ESTABLISHMENT OF OFFICE OF INSPECTOR GENERAL.

    The purpose of this Act is to create independent and objective 
units--
            (1) to conduct and supervise audits and investigations 
        relating to the office procedures and operations of each Member 
        or committee of the House of Representatives and any other 
        office of the House of Representatives whose employees are paid 
        by the Clerk;
            (2) to provide leadership and coordination and recommend 
        policies for activities designed (A) to promote economy, 
        efficiency, and effectiveness in the administration of, and (B) 
        to prevent and detect fraud and abuse in, such office 
        procedures and operations; and
            (3) to provide a means for keeping each Member of Congress 
        and the Congress fully and currently informed about problems 
        and deficiencies relating to the administration of such office 
        procedures and operations and the necessity for and progress of 
        corrective action.

SEC. 3. APPOINTMENT OF INSPECTOR GENERAL; SUPERVISION; REMOVAL; 
              APPOINTMENT OF ASSISTANT INSPECTOR GENERAL FOR AUDITING 
              AND ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS.

    (a) Appointment.--There shall be at the head of the Office an 
Inspector General who shall be appointed by the Speaker of the House of 
Representatives and the minority leader of the House of 
Representatives, 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. Except as hereinafter provided in 
this section, the Inspector General shall hold office for 7 years. The 
Inspector General shall not be eligible for reappointment.
    (b) Supervision.--The Inspector General shall report to and be 
under the general supervision of the Speaker and the minority leader of 
the House of Representatives. The Speaker of the House shall not 
prevent or prohibit the Inspector General from initiating, carrying 
out, or completing any audit or investigation.
    (c) Removal.--The Inspector General may be removed from office by 
the Speaker and the minority leader of the House only for cause.
    (d) Assistants.--Each Inspector General shall in accordance with 
applicable laws and regulations governing employees of the House of 
Representatives--
            (1) appoint an Assistant Inspector General for Auditing who 
        shall have the responsibility for supervising the performance 
        of auditing activities relating to office procedures and 
        operations of each Member or committee of the House of 
        Representatives and any other office of the House of 
        Representatives whose employees are paid by the Clerk; and
            (2) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such office procedures and operations.

SEC. 4. DUTIES AND RESPONSIBILITIES.

    (a) In General.--It shall be the duty and responsibility of the 
Inspector General, with respect to the House of Representatives--
            (1) to provide for policy direction for and to conduct, 
        supervise, and coordinate audits and investigations relating to 
        the office procedures and operations of each Member or 
        committee of the House of Representatives and any other office 
        of the House of Representatives whose employees are paid by the 
        Clerk;
            (2) to review existing and proposed rules of the House of 
        Representatives and regulations relating to office procedures 
        and operations of each Member or committee of the House of 
        Representatives and any other office of the House of 
        Representatives whose employees are paid by the Clerk and to 
        make recommendations in the annual reports required concerning 
        the impact of such rules or regulations on the economy and 
        efficiency in the administration of office procedures and 
        operations administered or financed by each Congressional 
        office of the prevention and detection of fraud and abuse in 
        such office procedures and operations;
            (3) to recommend policies for, and to conduct, supervise, 
        or coordinate other activities carried out or financed by each 
        Member or committee of the House of Representatives and any 
        other office of the House of Representatives whose employees 
        are paid by the Clerk for the purpose of promoting economy or 
        efficiency in the administration of, or preventing and 
        detecting fraud and abuse in, office procedures and operations; 
        and
            (4) to keep the Congress fully and currently informed by 
        means of the reports required and otherwise, concerning fraud 
        and other serious problems, abuses, and deficiencies relating 
        to the administration of office procedures and operations, and 
        to report on the progress made in implementing such corrective 
        action.
    (b) Audit Standards.--In carrying out the responsibilities each 
Inspector General shall comply with established standards for audits of 
Federal establishments, organizations, programs, activities, and 
functions.
    (c) Reports of Rules Violations.--In carrying out the duties and 
responsibilities established each Inspector General shall report 
expeditiously to the chairman and the ranking minority party member of 
the Committee on Standards and Official Conduct whenever the Inspector 
General has reasonable grounds to believe there has been a violation of 
the Rules of the House of Representatives.

SEC. 5. ANNUAL REPORTS.

    (a) In General.--Each Inspector General shall, not later than 
October 31 of each year, prepare annual reports summarizing the 
activities of the Office during the immediately proceeding 12 month 
period ending September 30. Such report shall include, but need not be 
limited to--
            (1) a description of significant problems, abuses, and 
        deficiencies relating to the administration of office 
        procedures and operations of each Member and committee of the 
        House of Representatives and any other office of the House of 
        Representatives whose employees are paid by the Clerk disclosed 
        by such activities during the reporting period;
            (2) a description of the recommendations for corrective 
        action made by the Office during the reporting period with 
        respect to significant problems, abuses, or deficiencies 
        identified pursuant to paragraph (1);
            (3) an identification of each significant recommendation 
        described in previous annual reports on which corrective action 
        has not been completed;
            (4) a summary of matters referred to the Committee on 
        Standards of Official Conduct and the actions which have 
        resulted;
            (5) a summary of each report made to the Speaker and 
        minority leader of the House of Representatives under section 
        6(b) during the reporting period;
            (6) a listing, subdivided according to subject matter, of 
        each audit report issued by the office during the reporting 
        period and for each audit report, where applicable the total 
        dollar value of questioned costs (including a separate category 
        for the dollar value of unsupported costs) and the dollar value 
        of recommendations that funds be put to better use;
            (7) a summary of each particularly significant report;
            (8) statistical tables showing the total number of audit 
        reports and the total dollar value of questioned costs 
        (including a separate category for the dollar value of 
        unsupported costs), for audit reports--
                    (A) for which no management decision has been made 
                by the commencement of the reporting period;
                    (B) which were issued during the reporting period; 
                and
                    (C) for which a management decision was made during 
                the reporting period, including--
                            (i) the dollar value of disallowed costs; 
                        and
                            (ii) the dollar value of costs not 
                        disallowed; and
                    (D) for which no management decision has been made 
                by the end of the reporting period;
            (9) statistical tables showing the total number of audit 
        reports and the dollar value of recommendations that funds be 
        put to better use by management, for audit reports--
                    (A) for which no management decision had been made 
                by the commencement of the reporting period;
                    (B) which were issued during the reporting period; 
                and
                    (C) for which a management decision was made during 
                the reporting period including--
                            (i) the dollar value of recommendations 
                        that were not agreed to by management; and
                            (ii) the dollar value of recommendations 
                        that were not agreed to by management; and
                    (D) for which no management decision has been made 
                by the end of the reporting period.
            (10) a summary of each audit report issued before the 
        commencement of the reporting period for which no management 
        decision has been made by the end of the reporting period 
        (including the date and title of each such report), an 
        explanation of the reasons such management decision has not 
        been made, and a statement concerning the desired timetable for 
        achieving a management decision on each such report; and
            (11) information concerning any significant management 
        decision with which the Inspector General is in disagreement.
    (b) Furnishing of Annual Report.--The annual report of the 
Inspector General shall be furnished to the Speaker and minority leader 
of the House of Representatives not later than October 31 of each year.
    (c) Report of Serious Problems.--The Inspector General shall report 
immediately to the Speaker and minority leader of the House of 
Representatives whenever the Inspector General becomes aware of 
particularly serious or flagrant problems, abuses, or deficiencies 
relating to the administration of office procedures and operations of 
any Member or committee of the House of Representatives and any other 
office of the House of Representatives whose employees are paid by the 
Clerk.
    (d) Definitions.--As used in this section--
            (1) the term ``questioned cost'' means a cost that is 
        questioned by the Office because of--
                    (A) an alleged violation of the Rules of the House 
                of Representatives;
                    (B) a finding that, at the time of the audit, such 
                cost is not supported by adequate documentation; or
                    (C) a finding that the expenditure of funds for the 
                intended purpose is unnecessary or unreasonable;
            (2) the term ``unsupported costs'' means a cost that is 
        questioned by the Office because the Office found that at the 
        time of the audit, such cost is not supported by adequate 
        documentation;
            (3) the term ``disallowed cost'' means a questioned cost 
        that management, in a management decision, has sustained or 
        agreed should not be charged to the House of Representatives;
            (4) the term ``recommendation that funds be put to better 
        use'' means a recommendation by the Office that funds could be 
        used more efficiently if management of a Member's office or 
        House committee or other office took action to implement and 
        complete the recommendation including--
                    (A) reductions in outlays; and
                    (B) any other savings which are specifically 
                identified;
            (5) the term ``management decision'' means the evaluation 
        by the management of a Member's office or House committee or 
        other office of the findings and recommendations included in an 
        audit report and the issuance of a final decision by management 
        concerning its response to such findings and recommendations, 
        including actions concluded to be necessary; and
            (6) the term ``final action'' means--
                    (A) the completion of all actions that the 
                management of a Member's office or House committee or 
                other office has concluded in its management decision, 
                are necessary with respect to the findings and 
                recommendations included in the audit report; and
                    (B) in the event that the management of a Member's 
                office or House committee or other office concludes no 
                action is necessary, final action occurs when a 
                management decision has been made.

SEC. 6. AUTHORITY OF INSPECTOR GENERAL.

    (a) In General.--In addition to the authority otherwise provided by 
this Act, the Inspector General in carrying out the provisions of this 
Act, is authorized--
            (1) to have access to all records, reports, audits, 
        reviews, documents, papers, recommendations, or other material 
        available to the applicable Member's office or House committee 
        or other office which relates to office procedures and 
        operations with respect to which the Inspector General has 
        responsibilities under this Act;
            (2) to make such investigations and reports relating to the 
        administration of the office procedures and operations of the 
        applicable Member's office or House committee or other office 
        as are, in the judgment of the Inspector General, necessary or 
        desirable;
            (3) to administer to or take from any person an oath, 
        affirmation, or affidavit, whenever necessary in the 
        performance of the functions assigned by this Act, employee of 
        an Office of an Inspector General designated by the Inspector 
        General shall have the same force and effect as if administered 
        or taken by or before an officer having a seal; and
            (4) to have direct and prompt access to a Member or 
        chairman of a House committee or head of any other office 
        within the House of Representatives when necessary for any 
        purpose pertaining to the performance of functions and 
        responsibilities under this Act.
    (b) Report of Refusal.--Whenever information or assistance 
requested under subsection (a)(1) is, in the judgment of an Inspector 
General, unreasonably refused or not provided, the Inspector General 
shall report the circumstance to the Speaker and minority leader of the 
House of Representatives without delay.

SEC. 7. COMPLAINTS BY EMPLOYEES; DISCLOSURE OF IDENTITY; REPRISALS.

    (a) Complaints.--The Inspector General may receive and investigate 
complaints or information from an employee of the House of 
Representatives concerning the possible existence of an activity 
constituting a violation of law, Rules of the House of Representatives, 
or mismanagement, gross waste of funds, abuse of authority or a 
substantial and specific danger to the public health and safety.
    (b) Disclosure of Identity.--The Inspector General shall not, after 
a receipt of a complaint or information from an employee, disclose the 
identity of the employee without the consent of the employee, unless 
the Inspector General determines such disclosure is unavoidable during 
the course of the investigation.
    (c) Reprisals.--Any employee who has authority to take, direct 
others to take, recommend or approve any personnel action, shall not, 
with respect to such authority, take or threaten to take any action 
against any employee as reprisal for making a complaint or disclosing 
information to an Inspector General, unless the complaint was made or 
the information disclosed with the knowledge that it was false or with 
willful disregard for its truth or falsity.

SEC. 8. REPEALER.

    Clause 2 of rule VI of the Rules of the House of Representatives is 
repealed.

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