1.Office
of the Inspector General of the Senate
(a)In
this Act:
(1)The
term Committee means the Committee on Rules and Administration of
the Senate.
(2)The term employee of the Senate means an
employee whose pay is disbursed by the Secretary of the Senate.
(3)The term Inspector General means the
Inspector General of the Senate.
(4)The
term Office means the Office of the Inspector General of the
Senate.
(b)There is established the Office of the Inspector
General of the Senate within the Senate. The Office shall be headed by the
Inspector General of the Senate.
(c)
(1)
(A)The Inspector General shall be appointed by, and under
the general supervision of the majority leader and the minority leader of the
Senate, acting jointly. The majority leader and the minority leader of the
Senate shall appoint the Inspector General 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. The Inspector General shall be subject to
the policy direction and oversight of the Committee.
(B)Not later than January 1, 2010, the majority leader
and the minority leader of the Senate shall appoint the first Inspector General
under this section.
(2)The Inspector General shall serve for a term of 5 years,
and an individual serving as Inspector General may be reappointed for not more
than 2 additional terms.
(3)The
Inspector General may be removed from office before the expiration of a term
only by a 2/3 majority vote of the Committee, in
consultation with the majority leader and the minority leader of the Senate and
the Committee on Appropriations.
(4)The
Inspector General shall be paid at an annual rate of pay equal to the maximum
rate payable for an employee of standing committees under section 105(e) of the
Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61–1(e)).
(d)
(1)It shall be the duty and responsibility of the Inspector
General to—
(A)provide policy
direction for and to conduct, supervise, and coordinate audits and
investigations relating to the programs and operations of the Senate;
(B)review existing
and proposed legislation and regulations relating to programs and operations of
the Senate and to make recommendations in the semiannual reports required by
subsection (e) concerning the impact of such legislation or regulations on the
economy and efficiency in the administration of programs and operations
administered or financed by the Senate or the prevention and detection of fraud
and abuse in such programs and operations;
(C)recommend
policies for, and to conduct, supervise, or coordinate other activities carried
out or financed by the Senate for the purpose of promoting economy and
efficiency in the administration of, or preventing and detecting fraud and
abuse in, its programs and operations;
(D)recommend
policies for, and to conduct, supervise, or coordinate relationships within the
Senate with respect to—
(i)all
matters relating to the promotion of economy and efficiency in the
administration of, or the prevention and detection of fraud and abuse in,
programs and operations administered or financed by the Senate; or
(ii)the
identification and prosecution of participants in such fraud or abuse;
and
(E)keep the
Committee and the Committee on Appropriations fully and currently informed, by
means of the reports required by subsection (e) and otherwise, concerning fraud
and other serious problems, abuses, and deficiencies relating to the
administration of programs and operations administered or financed by the
Senate, to recommend corrective action concerning such problems, abuses, and
deficiencies, and to report on the progress made in implementing such
corrective action.
(2)
(A)In carrying out the responsibilities specified in
paragraph (1)(A), the Inspector General shall—
(i)comply with
standards established by the Comptroller General of the United States for
audits of Federal establishments, organizations, programs, activities, and
functions;
(ii)establish
guidelines for determining when it shall be appropriate to use non-Federal
auditors; and
(iii)take
appropriate steps to assure that any work performed by non-Federal auditors
complies with the standards established by the Comptroller General described
under clause (i).
(B)For
purposes of determining compliance with subparagraph (A)(i) with respect to
whether internal quality controls are in place and operating and whether
established audit standards, policies, and procedures are being followed by the
Office, reviews shall be performed exclusively by an audit entity in the
Federal Government, including the Government Accountability Office.
(3)Coordination
and cooperationIn carrying out the duties and responsibilities
established under this Act, the Inspector General shall give particular regard
to the activities of the Comptroller General of the United States with a view
toward avoiding duplication and insuring effective coordination and
cooperation.
(4)Reports to
Attorney GeneralIn carrying out the duties and responsibilities
established under this Act, the Inspector General shall report expeditiously to
the Attorney General whenever the Inspector General has reasonable grounds to
believe there has been a violation of Federal criminal law.
(e)
(1)In
this section—
(A)the term
disallowed cost means a questioned cost that management, in a
management decision, has sustained or agreed should not be charged to the
Government;
(B)the term
final action means—
(i)the
completion of all actions that the management of a Senate operation or program
has concluded, in its management decision, are necessary with respect to the
findings and recommendations included in an audit report; and
(ii)in
the event that the management of a Senate operation or program concludes no
action is necessary, final action occurs when a management decision has been
made;
(C)the term
management decision means the evaluation by the management of a
Senate operation or program 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;
(D)the term
questioned cost means a cost that is questioned by the Office
because of—
(i)an
alleged violation of a provision of a law, regulation, contract, grant,
cooperative agreement, or other agreement or document governing the expenditure
of funds;
(ii)a
finding that, at the time of the audit, such cost is not supported by adequate
documentation; or
(iii)a
finding that the expenditure of funds for the intended purpose is unnecessary
or unreasonable;
(E)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 Senate operation or program took actions to implement and
complete the recommendation, including—
(i)reductions in
outlays;
(ii)deobligation of
funds from programs or operations;
(iii)withdrawal of
interest subsidy costs on loans or loan guarantees, insurance, or bonds;
(iv)costs not
incurred by implementing recommended improvements related to the operations of
the program or operation, a contractor or grantee;
(v)avoidance of
unnecessary expenditures noted in preaward reviews of contract or grant
agreements; or
(vi)any other
savings which are specifically identified; and
(F)the term
unsupported cost 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.
(2)Not later than April 30 and October 31 of each year, the
Inspector General shall prepare semiannual reports summarizing the activities
of the Office during the immediately preceding 6-month periods ending March 31
and September 30. Such reports shall include—
(A)a description of
significant problems, abuses, and deficiencies relating to the administration
of programs and operations of the Senate disclosed by such activities during
the reporting period;
(B)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 under subparagraph (A);
(C)an identification
of each significant recommendation described in previous semiannual reports on
which corrective action has not been completed;
(D)a summary of
matters referred to prosecutive authorities and the prosecutions and
convictions which have resulted;
(E)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;
(F)a summary of each
particularly significant report;
(G)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—
(i)for
which no management decision had been made by the commencement of the reporting
period;
(ii)which were
issued during the reporting period;
(iii)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
(iv)for which no
management decision has been made by the end of the reporting period;
(H)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—
(i)for
which no management decision had been made by the commencement of the reporting
period;
(ii)which were
issued during the reporting period;
(iii)for which a
management decision was made during the reporting period, including—
(I)the dollar value
of recommendations that were agreed to by management; and
(II)the dollar value
of recommendations that were not agreed to by management; and
(iv)for which no
management decision has been made by the end of the reporting period;
(I)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;
(J)a description and
explanation of the reasons for any significant revised management decision made
during the reporting period; and
(K)information
concerning any significant management decision with which the Inspector General
is in disagreement.
(3)Thirty
days before the submission of a semiannual report under paragraph (2), the
Inspector General shall allow the programs or operations of the Senate being
investigated to comment on the report and will include any comments or
correspondence from the program or operation of the Senate being investigated
as it relates to applicable audit reports, final actions, management decisions,
disallowed costs recovered or unrecovered, and any recommendations that funds
be put to better use.
(4)Within 60 days after the transmission of a
semiannual report, the Inspector General shall make copies of such report
available to the public upon request and at a reasonable cost.
(5)Reports of
certain problemsThe Inspector General shall report immediately
to the Committee and the Committee on Appropriations whenever the Inspector
General becomes aware of particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration of Senate programs and
operations.
(6)Public
disclosures of information
(A)Nothing in this subsection shall be construed to
authorize the public disclosure of information which is—
(i)specifically
prohibited from disclosure by any other provision of law;
(ii)specifically
required by Executive order to be protected from disclosure in the interest of
national defense or national security or in the conduct of foreign affairs;
or
(iii)a
part of an ongoing criminal investigation.
(B)Notwithstanding
paragraph (A)(iii), any report under this subsection may be disclosed to the
public in a form which includes information with respect to a part of an
ongoing criminal investigation if such information has been included in a
public record.
(C)No withholding
of information from committeesExcept to the extent and in the
manner provided under section 6103(f) of the Internal Revenue Code of 1986,
nothing in this subsection or in any other provision of this Act shall be
construed to authorize or permit the withholding of information from the
Committee or Committee on Appropriations.
(f)
(1)The Office shall establish and maintain a website.
(2)Requirements
for the Office website
(A)Posting of
reports and auditsThe Inspector General shall—
(i)not
later than 3 days after any report or audit (or portion of any report or audit)
is made publicly available, post that report or audit (or portion of that
report or audit) on the website of the Office; and
(ii)ensure that any
posted report or audit (or portion of that report or audit) described under
clause (i)—
(I)is easily
accessible from a direct link on the homepage of the website of the
Office;
(II)includes a
summary of the findings of the Inspector General; and
(III)is in a format
that—
- (aa)is
searchable and downloadable; and
- (bb)facilitates
printing by individuals of the public accessing the website.
(B)Reporting of
fraud, waste, and abuse
(i)The Inspector General shall establish and maintain a
direct link on the homepage of the website for individuals to report fraud,
waste, and abuse. Individuals reporting fraud, waste, or abuse using the direct
link established under this subparagraph shall not be required to provide
personally identifying information relating to that individual.
(ii)The
Inspector General shall not disclose the identity of any individual making a
report under this subparagraph without the consent of the individual, unless
the Inspector General determines that such a disclosure is unavoidable during
the course of the investigation.
(g)Investigation
of complaints of employees and members
(1)The
Inspector General may receive and investigate complaints or information from an
employee of the Senate or a Senator concerning the possible existence of an
activity constituting a violation of law, rules, or regulations, or
mismanagement, gross waste of funds, abuse of authority, or a substantial and
specific danger to the public health and safety, including complaints or other
relative information.
(2)The
Inspector General shall not, after receipt of a complaint or information from
an employee of the Senate or a Senator, disclose the identity of the employee
or Senator without the consent of the employee or Senator, unless required by
law or the Inspector General determines such disclosure is otherwise
unavoidable during the course of the investigation.
(3)An employee of the Senate or Senator 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 or Senator as a reprisal for making a complaint or
disclosing information to the 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.
(4)Independence in
carrying out dutiesA Senator or an employee of the Senate,
including the majority leader or minority leader of the Senate, or the
Committee, may not prevent or prohibit the Inspector General from carrying out
any of the duties or responsibilities assigned to the Inspector General under
this section.
(h)
(1)In addition to the authority otherwise provided by this
Act, the Inspector General in carrying out the provisions of this Act, is
authorized to—
(A)have access to
all records, reports, audits, reviews, documents, papers, recommendations, or
other material available which relate to Senate programs and operations with
respect to which the Inspector General has responsibilities under this
Act;
(B)make such
investigations and reports relating to the administration of the Senate
programs and operations, in the judgment of the Inspector General, necessary or
desirable;
(C)request such
information or assistance as may be necessary for carrying out the duties and
responsibilities provided by this Act from any Federal, State, or local
governmental agency or unit thereof;
(D)require by
subpoena the production of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary evidence necessary in
the performance of the functions assigned by this Act, which subpoena, in the
case of contumacy or refusal to obey, shall be enforceable by order of any
appropriate United States district court, except that procedures other than
subpoenas shall be used by the Inspector General to obtain documents and
information from Senate programs and operations;
(E)administer to or
take from any person an oath, affirmation, or affidavit, whenever necessary in
the performance of the functions assigned by this Act, which oath, affirmation,
or affidavit when administered or taken by or before an employee of the Office
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;
(F)have direct and
prompt access to the Senate program or operation involved when necessary for
any purpose pertaining to the performance of functions and responsibilities
under this Act; and
(G)the extent and in
such amounts as may be provided in advance by appropriations Acts, to enter
into contracts and other arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, and to make such
payments as may be necessary to carry out the provisions of this Act.
(2)
(A)The Inspector General may appoint and fix the pay of such
personnel as the Inspector General considers appropriate subject to the
approval of the Committee, except that no personnel of the Office (other than
the Inspector General) may be paid at an annual rate greater than $500 less
than the annual rate of pay of the Inspector General under subsection
(c)(4).
(B)In carrying out the functions of the Office, the
Inspector General may procure the temporary (not to exceed 1 year) or
intermittent services of individual consultants, or organizations thereof, in
the same manner and under the same conditions as a standing committee of the
Senate may procure such services under section 202(i) of the Legislative
Reorganization Act of 1946 (2 U. S.C. 72a(i)).
(C)Independence in
appointing staffNo individual may carry out any of the duties or
responsibilities of the Office unless the individual is appointed by the
Inspector General, or provides services procured by the Inspector General,
under this paragraph. Nothing in this subparagraph may be construed to prohibit
the Inspector General from entering into a contract or other arrangement for
the provision of services under this section.
(3)The Committee shall provide the Office with appropriate
and adequate office space, together with such equipment, supplies, and
communications facilities and services as determined by the Inspector General
to be necessary for the operation of the Office, and shall provide necessary
maintenance services for such office space and the equipment and facilities
located therein.
(i)Authorization
of appropriationsThere are authorized to be appropriated to
carry out this Act $4,000,000 for fiscal year 2011.
(j)This section shall take effect on October 1, 2011.