< Back to H.R. 1368 (103rd Congress, 1993–1994)

Text of To establish the Congressional Office of Inspector General.

This bill was introduced on March 16, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 16, 1993 (Introduced).

Source: GPO

HR 1368 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.