[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 44 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 44
To amend the Inspector General Act of 1978 to increase the efficiency
and accountability of Offices of Inspector General within Federal
departments, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mrs. Biggert introduced the following bill; which was referred to the
Committee on Government Reform
_______________________________________________________________________
A BILL
To amend the Inspector General Act of 1978 to increase the efficiency
and accountability of Offices of Inspector General within Federal
departments, 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. SHORT TITLE.
This Act may be cited as the ``Inspector General Act Amendments of
2001''.
SEC. 2. PROHIBITION OF CASH BONUS OR AWARDS.
Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(e) An Inspector General (as defined under section 8G(a)(6) or
11(3)) may not receive any cash award or cash bonus, including any cash
award under chapter 45 of title 5, United States Code.''.
SEC. 3. EXTERNAL REVIEWS.
(a) In General.--Section 4 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(e)(1)(A) Not less than every 3 years an external review shall be
conducted of each Office (as defined under section 8G(a)(5) or 11(4)).
``(B) The Inspector General of each Office as defined under section
8G(a)(5) or 11(4) shall arrange with the General Accounting Office or
an appropriate private entity for the conduct of the review.
``(C) If an Inspector General contracts with a private entity for a
review under this subsection, the private entity shall be contracted in
accordance with section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253).
``(2) At a minimum, an external review under this subsection shall
evaluate whether the Office properly manages and controls--
``(A) contracts awarded by the Office, including a
determination of whether--
``(i) procedures used to procure contracts are in
accordance with applicable laws and regulations; and
``(ii) costs incurred are reasonable and allowable
under the terms of each contract;
``(B) appropriated funds, including a determination of
whether training and travel funds are expended in accordance
with applicable laws and regulations; and
``(C) personnel actions, including a determination of
whether hiring and promotion practices used and performance
awards issued are in accordance with applicable laws and
regulations.
``(3) Not later than 30 calendar days after the completion of an
external review, a report of the results shall be submitted to the head
of the establishment and simultaneously to the appropriate committees
or subcommittees of the Congress.''.
(b) Technical and Conforming Amendment.--The section heading for
section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended to read as follows:
``duties and responsibilities; report of criminal violations to
attorney general; external reviews''.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Section 5(a) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(1) by striking the first sentence and inserting ``Each
Inspector General shall, not later than October 31 of each
year, prepare an annual report summarizing the activities and
accomplishments of the Office during the immediately preceding
12-month period ending September 30.'';
(2) by striking paragraphs (1) through (12) and inserting
the following:
``(1) a summary of the program areas within the
establishment identified by the Inspector General as high risk
because of vulnerabilities to waste, fraud, abuse, and
mismanagement;
``(2) a description of the most significant audits,
investigations (administrative, civil, and criminal), and
evaluations and inspections completed during the reporting
period;
``(3) a summary of each report made to the head of the
establishment under section 6(b)(2) during the reporting
period;
``(4) a table showing--
``(A)(i) the total number of final audit reports
issued by the Office of Inspector General; and
``(ii) the financial benefits associated with the
reports segregated by category, such as budget
reductions, costs avoided, questioned costs, and
revenue enhancements; and
``(B) corrective actions taken and program
improvements made during the reporting period in
response to either an Office of Inspector General audit
finding or recommendation (excluding any recommendation
included under subparagraph (A) with respect to such
corrective actions);
``(5) a table showing--
``(A) the judicial and administrative actions
associated with investigations conducted by the Office
of Inspector General;
``(B) the number of--
``(i) cases referred for criminal
prosecution, civil remedies, or administrative
actions;
``(ii) cases presented but declined for
prosecution, segregated by criminal and civil;
``(iii) cases accepted for prosecution
(both Federal and State), segregated by
criminal and civil;
``(iv) defendants indicted;
``(v) defendants convicted;
``(vi) defendants acquitted or charges
dismissed after indictment;
``(vii) defendants sentenced to terms of
imprisonment;
``(viii) defendants sentenced to terms of
probation; and
``(ix) suspensions, disbarments,
exclusions, sanctions, or some other similar
administrative action; and
``(C) the total amount of fines, restitutions, and
recoveries;
``(6) a description of the organization and management
structure of the Office of Inspector General, including--
``(A) an organization chart showing the major
components of the Office;
``(B) a statistical table showing the number of
authorized full-time equivalent positions segregated by
component and by headquarters and field office; and
``(C) the amount of funding received in prior and
current fiscal years;
``(7) a table showing--
``(A) the number of contracts, and associated
dollar value, awarded on a noncompetitive basis by the
Office of Inspector General; and
``(B) with respect to any individual contract
valued over $100,000, awarded on a noncompetitive
basis--
``(i) the name of the contractor;
``(ii) statement of work;
``(iii) the time period of the contract;
and
``(iv) the dollar amount of the contract;
``(8)(A) a summary of each audit report issued in previous
reporting periods for which no management decision has been
made by the end of the reporting period (including the date and
title of each such report);
``(B) an explanation of the reasons such management
decision has not been made; and
``(C) a statement concerning the desired timetable for
achieving a management decision on each such report;'';
(3) by redesignating paragraph (13) as paragraph (9);
(4) in paragraph (9) (as redesignated by paragraph (3) of
this subsection)--
(A) by striking ``section 05(b)'' and inserting
``section 804(b)''; and
(B) by striking the period and inserting ``; and'';
and
(5) by adding at the end the following new paragraph:
``(10) any other information that the Inspector General
determines appropriate to include in the annual report.''.
(b) Semiannual Reports.--Section 5 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f)(1) Subject to paragraph (4), in addition to any annual report
required to be furnished and transmitted under subsection (b), an
Inspector General shall prepare and submit a report described under
paragraph (2) to--
``(A) the applicable congressional committee, if the
chairman or ranking member of a congressional committee with
appropriate jurisdiction submits a written request to such
Inspector General; or
``(B) to the Comptroller General of the United States if
the Comptroller General submits a written request to such
Inspector General.
``(2) A report referred to under paragraph (1) shall--
``(A) contain the information required for an annual report
under subsection (a); and
``(B) summarize the activities of the Office during the 6-
month period ending on March 31 of the calendar year following
the date on which the request is made.
``(3) A report under this subsection shall be submitted on April 30
of the calendar year following the date on which the request is made.
``(4) An Inspector General shall not be required to submit a report
under this subsection if the written request for such report is
submitted to the Inspector General after November 30 of the calendar
year preceding the date on which the report is otherwise required to be
submitted to a congressional committee or the Comptroller General.''.
(c) Submission of Other Reports.--Nothing in the amendments made by
this section shall be construed to limit an Inspector General from
submitting any report containing in whole or part information required
in an annual or semiannual report furnished and transmitted under
section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) to the
Congress more frequently than on an annual or semiannual basis.
(d) Technical and Conforming Amendments.--
(1) Section 4(a)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``semiannual'' and
inserting ``annual''.
(2) Section 5 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) in subsection (b)--
(i) by striking ``Semiannual'' and
inserting ``Annual''; and
(ii) by striking ``April 30 and''; and
(B) in subsection (c)--
(i) in the first sentence by striking
``semiannual'' and inserting ``annual''; and
(ii) in the second sentence by striking
``semiannual'' and inserting ``annual''.
(3) Section 8(f) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``semiannual'' and
inserting ``annual''.
SEC. 5. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE SCHEDULE.
(a) Level IV Positions.--Section 5315 of title 5, United States
Code, is amended by striking each item relating to the following
positions:
(1) Inspector General, Department of Education.
(2) Inspector General, Department of Energy.
(3) Inspector General, Department of Health and Human
Services.
(4) Inspector General, Department of Agriculture.
(5) Inspector General, Department of Housing and Urban
Development.
(6) Inspector General, Department of Labor.
(7) Inspector General, Department of Transportation.
(8) Inspector General, Department of Veterans Affairs.
(9) Inspector General, Department of Defense.
(10) Inspector General, United States Information Agency.
(11) Inspector General, Department of State.
(12) Inspector General, Department of Commerce.
(13) Inspector General, Department of the Interior.
(14) Inspector General, Department of Justice.
(15) Inspector General, Department of the Treasury.
(16) Inspector General, Agency for International
Development.
(17) Inspector General, Environmental Protection Agency.
(18) Inspector General, Federal Emergency Management
Agency.
(19) Inspector General, General Services Administration.
(20) Inspector General, National Aeronautics and Space
Administration.
(21) Inspector General, Nuclear Regulatory Commission.
(22) Inspector General, Office of Personnel Management.
(23) Inspector General, Railroad Retirement Board.
(24) Inspector General, Small Business Administration.
(25) Inspector General, Federal Deposit Insurance
Corporation.
(26) Inspector General, Resolution Trust Corporation.
(27) Inspector General, Central Intelligence Agency.
(28) Inspector General, Social Security Administration.
(29) Inspector General, United States Postal Service.
(b) Level III Positions.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Inspector General, Department of Education.
``Inspector General, Department of Energy.
``Inspector General, Department of Health and Human
Services.
``Inspector General, Department of Agriculture.
``Inspector General, Department of Housing and Urban
Development.
``Inspector General, Department of Labor.
``Inspector General, Department of Transportation.
``Inspector General, Department of Veterans Affairs.
``Inspector General, Department of Defense.
``Inspector General, Department of State.
``Inspector General, Department of Commerce.
``Inspector General, Department of the Interior.
``Inspector General, Department of Justice.
``Inspector General, Department of the Treasury.
``Inspector General, Agency for International Development.
``Inspector General, Corporation for Community and National
Service.
``Inspector General, Environmental Protection Agency.
``Inspector General, Federal Emergency Management Agency.
``Inspector General, General Services Administration.
``Inspector General, National Aeronautics and Space
Administration.
``Inspector General, Nuclear Regulatory Commission.
``Inspector General, Office of Personnel Management.
``Inspector General, Railroad Retirement Board.
``Inspector General, Small Business Administration.
``Inspector General, Federal Deposit Insurance Corporation.
``Inspector General, Central Intelligence Agency.
``Inspector General, Social Security Administration.
``Inspector General, United States Postal Service.''.
(c) Savings Provision.--Nothing in this section shall have the
effect of reducing the rate of pay of any individual serving as an
Inspector General on the effective date of this section.
SEC. 6. STUDY AND REPORT ON CONSOLIDATION OF INSPECTOR GENERAL OFFICES.
(a) Study.--The Comptroller General of the United States shall--
(1) develop criteria for determining whether the
consolidation of Federal Inspector General offices would be
cost-efficient and in the public interest; and
(2) conduct a study of Federal Inspector General offices
using the criteria developed under paragraph (1) to determine
whether any such offices should be consolidated.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Congress containing recommendations for any legislative action,
based on the study conducted under subsection (a).
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