[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1707 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1707
To amend the Inspector General Act of 1978 (5 U.S.C. App.) to provide
that certain designated Federal entities shall be establishments under
such Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7, 1999
Mr. Thompson (for himself and Mr. Frist) introduced the following bill;
which was read twice and referred to the Committee on Governmental
Affairs
_______________________________________________________________________
A BILL
To amend the Inspector General Act of 1978 (5 U.S.C. App.) to provide
that certain designated Federal entities shall be establishments under
such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds that--
(1) Inspectors General serve an important function in
preventing and eliminating fraud, waste, and abuse in the
Federal Government; and
(2) independence is vital for an Inspector General to
function effectively.
SEC. 2. CERTAIN DESIGNATED FEDERAL ENTITIES AS ESTABLISHMENTS UNDER THE
INSPECTOR GENERAL ACT OF 1978.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 8G(a)(2)--
(A) by striking ``Amtrak,'';
(B) by striking ``the Board of Governors of the
Federal Reserve System,'';
(C) by striking ``the National Science
Foundation,''; and
(D) by striking ``the Tennessee Valley Authority,
the United States International Trade Commission, and
the United States Postal Service;'' and inserting ``and
the United States International Trade Commission;'';
and
(2) in section 11--
(A) in paragraph (1) by striking ``or the
Commissioner of Social Security, Social Security
Administration;'' and inserting ``the Commissioner of
Social Security, Social Security Administration; the
Reform Board of Amtrak; the Board of Governors of the
Federal Reserve System; the National Science Board,
National Science Foundation; the Postmaster General of
the United States Postal Service; or the Board of
Directors of the Tennessee Valley Authority;''; and
(B) in paragraph (2) by striking ``or the Veterans'
Administration, or the Social Security
Administration;'' and inserting ``the Veterans'
Administration, the Social Security Administration,
Amtrak, the Board of Governors of the Federal Reserve
System, the National Science Foundation, the United
States Postal Service, or the Tennessee Valley
Authority;''.
(b) Executive Schedule Position.--Section 5315 of title 5, United
States Code, is amended by inserting after the item relating to the
Inspector General of the Small Business Administration the following:
``Inspector General, Tennessee Valley Authority.
``Inspector General, Amtrak.
``Inspector General, Board of Governors of the Federal
Reserve System.
``Inspector General, National Science Foundation.''.
(c) Conforming Amendments.--Section 8G of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (a)(4) by striking all after ``of this
section'' through the end and inserting a semicolon;
(2) in subsection (c) by striking ``Except as provided
under subsection (f) of this section, the'' and inserting
``The'';
(3) by striking subsection (f); and
(4) in subsection (g) by striking paragraph (3).
SEC. 3. SPECIAL PROVISIONS CONCERNING THE UNITED STATES POSTAL SERVICE.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) by redesignating sections 8G (as amended by section 2),
8H, and 8I as sections 8H, 8I, and 8J, respectively; and
(2) by inserting after section 8F the following:
``special provisions concerning the united states postal service
``Sec. 8G. (a) In carrying out the duties and responsibilities
specified in this Act, the Inspector General of the United States
Postal Service shall have oversight responsibility for all activities
of the Postal Inspection Service, including any internal investigation
performed by the Postal Inspection Service. The Chief Postal Inspector
shall promptly report the significant activities being carried out by
the Postal Inspection Service to such Inspector General.
``(b) Notwithstanding any provision of paragraph (7) or (8) of
section 6(a), the Inspector General of the United States Postal Service
may select, appoint, and employ such officers and employees as may be
necessary for carrying out the functions, powers and duties of the
Office of Inspector General and to obtain the temporary or intermittent
services of experts or consultants or an organization of experts or
consultants, subject to the applicable laws and regulations that govern
such selections, appointments, and employment, and the obtaining of
such services, within the United States Postal Service.
``(c) Nothing in this Act shall restrict, eliminate, or otherwise
adversely affect any of the rights, privileges, or benefits of
employees of the United States Postal Service, or labor organizations
representing employees of the United States Postal Service, under
chapter 12 of title 39, United States Code, the National Labor
Relations Act, any handbook or manual affecting employee labor
relations with the United States Postal Service, or any collective
bargaining agreement.
``(d) There are authorized to be appropriated, out of the Postal
Service Fund, such sums as may be necessary for the Office of Inspector
General of the United States Postal Service.''.
(b) Technical and Conforming Amendments.--
(1) Redesignations in the inspector general act of 1978.--
Section 8J of the Inspector General Act of 1978 (5 U.S.C. App.)
(as redesignated by subsection (a) of this section) is
amended--
(A) by striking all beginning with ``section 8''
through ``this Act'' and inserting ``section 8, 8A, 8B,
8C, 8D, 8E, 8F, 8G, or 8I of this Act''; and
(B) by striking ``8G(a)'' and inserting ``8H(a)''.
(2) Relating to title 39, united states code.--
(A) Board of governors.--Section 202 of title 39,
United States Code, is amended by striking subsection
(e).
(B) Definition.--Section 102 of title 39, United
States Code, is amended by striking paragraph (4) and
inserting the following:
``(4) `Inspector General' means the Inspector General of
the United States Postal Service, appointed under section 3(a)
of the Inspector General Act of 1978 (5 U.S.C. App.);''.
(C) Postal employment policy.--Section 1003 of
title 39, United States Code, is amended--
(i) in subsection (a), in the first
sentence by striking ``chapters 2 and 12 of
this title, section 8G of the Inspector General
Act of 1978, or other provision of law,'' and
inserting ``chapter 2 or 12 of this title,
subsection (b) or (c) of this section, or any
other provision of law,'';
(ii) in subsection (b), by striking
``respective'' and inserting ``other''; and
(iii) in subsection (c), by striking
``included'' and inserting ``includes''.
(3) Relating to the federal property and administrative
services act of 1949.--Section 304C(b)(1) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254d(b)(1)) is amended by striking ``8G'' and inserting ``8H''.
(c) Incumbent Inspector General; Authorization of Appropriations.--
(1) In general.--If the position of Inspector General of
the United States Postal Service is occupied on the effective
date of this Act (other than by a person serving due to a
vacancy arising in that position before the expiration of a
term of the predecessor of that person), then, for purposes of
the period beginning on such effective date and ending on
January 5, 2004, or, if earlier, the date on which such person
ceases to serve in that position, the provisions of title 39,
United States Code, and the Inspector General Act of 1978 (5
U.S.C. App.) shall be applied as if the amendments made by this
section had not been enacted, except as provided in paragraph
(2).
(2) Authorization of appropriations.--
(A) In general.--Notwithstanding any other
provision of this subsection or section 5 of this Act,
section 8G(d) of the Inspector General Act of 1978 (as
amended by this section) shall be effective for
purposes of fiscal years beginning on or after October
1, 2000.
(B) Savings provision.--For purposes of the fiscal
year ending on September 30, 2000, funding for the
Office of Inspector General of the United States Postal
Service shall be made available in the same manner as
if this Act had never been enacted.
(3) Eligibility of prior inspector general.--Nothing in
this Act shall prevent any person who has served as Inspector
General of the United States Postal Service at any time before
the effective date of this Act from being appointed to that
position pursuant to the amendments made by this Act.
SEC. 4. INCUMBENT INSPECTORS GENERAL.
The person serving on the effective date of this Act as Inspector
General of each designated Federal entity (other than the United States
Postal Service) made an establishment under this Act--
(1) may continue such service until the President makes an
appointment under section 3(a) of the Inspector General Act of
1978 (5 U.S.C. App.) consistent with the amendments made by
this Act; and
(2) shall be subject to section 8H (c) and (d) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as redesignated
by section 3 of this Act) as applicable to the appropriate head
of the establishment as amended by this Act, unless that person
is appointed by the President, by and with the advice and
consent of the Senate, to be Inspector General of that
establishment.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect 30 days after the
date of enactment of this Act.
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