II

Calendar No. 919

106TH CONGRESS

2D SESSION S. 870

To amend the Inspector General Act of 1978 (5 U.S.C. App.) to increase

the efficiency and accountability of Offices of Inspector General within

Federal departments, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 22, 1999

Ms. COLLINS (for herself, Mr. ROTH, Mr. GRASSLEY, Mr. BOND, and Mr.

STEVENS) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

OCTOBER 3 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. THOMPSON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Inspector General Act of 1978 (5 U.S.C.

App.) to increase the efficiency and accountability of

Offices of Inspector General within Federal departments,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Inspector General Act

3 Amendments of 1999’’.

4 SEC. 2. APPOINTMENT AND REMOVAL OF OFFICERS.

5 (a) IN GENERAL.—Section 3(a) of the Inspector Gen6 eral Act of 1978 (5 U.S.C. App.) is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

8 (2) by adding at the end the following new

9 paragraph:

10 ‘‘(2)(A) Each appointment under this subsection

11 shall be for a term of 9 years. An individual may serve

12 more than 1 term.

13 ‘‘(B) An individual may continue to serve as Inspec14 tor General beyond the expiration of the term until a suc15 cessor is appointed and has qualified, except that such in16 dividual may not continue to serve for more than 1 year

17 after the date on which the term would otherwise expire

18 under this paragraph.’’.

19 (b) EFFECTIVE DATE.—The amendment made by

20 this section shall take effect on the date of enactment of

21 this Act and shall apply only to an appointment made on

22 or after such date.

23 SEC. 3. PROHIBITION OF CASH BONUS OR AWARDS.

24 Section 3 of the Inspector General Act of 1978 (5

25 U.S.C. App.) is amended by adding at the end the fol26 lowing:
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1 ‘‘(e) An Inspector General (as defined under section

2 8G(a)(2)(6) or 11(3)) may not receive any cash award or

3 cash bonus, including any cash award under chapter 45

4 of title 5, United States Code.’’.

5 SEC. 4. EXTERNAL REVIEWS.

6 (a) IN GENERAL.—Section 4 of the Inspector General

7 Act of 1978 (5 U.S.C. App.) is amended by inserting at

8 the end the following:

9 ‘‘(e)(1)(A) Not less than every 3 years an external

10 review shall be conducted of each Office defined under sec11 tions 11(4) and 8G(5).

12 ‘‘(B) The Inspector General of each Office defined

13 under sections 11(4) and 8G(5) shall arrange with the

14 General Accounting Office or an appropriate private entity

15 for the conduct of the review.

16 ‘‘(C) If an Inspector General contracts with a private

17 entity for a review under this subsection, the private entity

18 shall be contracted in accordance with section 303 of the

19 Federal Property and Administrative Services Act of 1949

20 (41 U.S.C. 253).

21 ‘‘(2) At a minimum, an external review under this

22 subsection shall evaluate whether the Office of Inspector

23 General properly manages and controls—

24 ‘‘(A) contracts awarded by the Office of Inspec25 tor General, including a determination of whether—
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1 ‘‘(i) procedures used to procure contracts

2 are in accordance with applicable laws and reg3 ulations; and

4 ‘‘(ii) costs incurred are reasonable and al5 lowable under the terms of each contract;

6 ‘‘(B) appropriated funds, including a deter7 mination of whether training and travel funds are

8 expended in accordance with applicable laws and

9 regulations; and

10 ‘‘(C) personnel actions, including a determina11 tion of whether hiring and promotion practices used

12 and performance awards issued are in accordance

13 with applicable laws and regulations.

14 ‘‘(3) Not later than 30 calendar days after the com15 pletion of an external review, a report of the results shall

16 be submitted to the head of the establishment and simulta17 neously to the appropriate committees or subcommittees

18 of Congress.’’.

19 (b) TECHNICAL AND CONFORMING AMENDMENT.—

20 The section heading for section 4 of the Inspector General

21 Act of 1978 (5 U.S.C. App.) is amended to read as follows:
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1 ‘‘DUTIES AND RESPONSIBILITIES; REPORT OF CRIMINAL

2 VIOLATIONS TO ATTORNEY GENERAL; EXTERNAL RE3 VIEWS’’.

4 SEC. 5. ANNUAL REPORTS.

5 (a) IN GENERAL.—Section 5(a) of the Inspector Gen6 eral Act of 1978 (5 U.S.C. App.) is amended—

7 (1) by striking the first sentence and inserting

8 ‘‘Each Inspector General shall, not later than Octo9 ber 31 of each year, prepare annual reports summa10 rizing the activities and accomplishments of the Of11 fice during the immediately preceding 12-month pe12 riod ending September 30.’’;

13 (2) by striking paragraphs (1) through (12)

14 and inserting the following:

15 ‘‘(1) a summary of the program areas within

16 the establishment identified by the Inspector General

17 as high risk because of vulnerabilities to waste,

18 fraud, abuse, and mismanagement;

19 ‘‘(2) a description of the most significant au20 dits, investigations (administrative, civil, and crimi21 nal), and evaluations and inspections completed dur22 ing the reporting period;

23 ‘‘(3) a summary of each report made to the

24 head of the establishment under section 6(b)(2) dur25 ing the reporting period;
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1 ‘‘(4) a table showing—

2 ‘‘(A)(i) the total number of final audit re3 ports issued by the Office of Inspector General;

4 and

5 ‘‘(ii) the financial benefits associated with

6 the reports segregated by category, such as

7 budget reductions, costs avoided, questioned

8 costs, and revenue enhancements; and

9 ‘‘(B) corrective actions taken and program

10 improvements made during the reporting period

11 in response to either an Office of Inspector

12 General audit finding or recommendation (ex13 cluding any recommendation included under

14 subparagraph (A) with respect to such correc15 tive actions);

16 ‘‘(5) a table showing—

17 ‘‘(A) the judicial and administrative ac18 tions associated with investigations conducted

19 by the Office of Inspector General;

20 ‘‘(B) the number of—

21 ‘‘(i) cases referred for criminal pros22 ecution, civil remedies, or administrative

23 actions;
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1 ‘‘(ii) cases presented but declined for

2 prosecution, segregated by criminal and

3 civil;

4 ‘‘(iii) cases accepted for prosecution

5 (both Federal and State), segregated by

6 criminal and civil;

7 ‘‘(iv) defendants indicted;

8 ‘‘(v) defendants convicted;

9 ‘‘(vi) defendants acquitted or charges

10 dismissed after indictment;

11 ‘‘(vii) defendants sentenced to terms

12 of imprisonment;

13 ‘‘(viii) defendants sentenced to terms

14 of probation; and

15 ‘‘(ix) suspensions, disbarments, exclu16 sions, sanctions, or some other similar ad17 ministrative action; and

18 ‘‘(C) the total amount of fines, restitu19 tions, and recoveries;

20 ‘‘(6) a description of the organization and man21 agement structure of the Office of Inspector Gen22 eral, including—

23 ‘‘(A) an organization chart showing the

24 major components of the Office;
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1 ‘‘(B) a statistical table showing the num2 ber of authorized full-time equivalent positions

3 segregated by component and by headquarters

4 and field office; and

5 ‘‘(C) the amount of funding received in

6 prior and current fiscal years;

7 ‘‘(7) a table showing—

8 ‘‘(A) the number of contracts, and associ9 ated dollar value, awarded on a noncompetitive

10 basis by the Office of Inspector General; and

11 ‘‘(B) with respect to any individual con12 tract valued over $100,000, awarded on a non13 competitive basis—

14 ‘‘(i) the name of the contractor;

15 ‘‘(ii) statement of work;

16 ‘‘(iii) the time period of the contract;

17 and

18 ‘‘(iv) the dollar amount of the con19 tract;

20 ‘‘(8)(A) a summary of each audit report issued

21 in previous reporting periods for which no manage22 ment decision has been made by the end of the re23 porting period (including the date and title of each

24 such report);
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1 ‘‘(B) an explanation of the reasons such man2 agement decision has not been made; and

3 ‘‘(C) a statement concerning the desired time4 table for achieving a management decision on each

5 such report;’’;

6 (3) by redesignating paragraph (13) as para7 graph (9);

8 (4) in paragraph (9) (as redesignated by para9 graph (3) of this subsection)—

10 (A) by striking ‘‘section 05(b)’’ and insert11 ing ‘‘section 804(b)’’; and

12 (B) by striking the period and inserting a

13 semicolon and ‘‘and’’; and

14 (5) by adding at the end the following new

15 paragraph:

16 ‘‘(10) any other information that the Inspector

17 General determines appropriate to include in the an18 nual report.’’.

19 (b) SEMIANNUAL REPORTS.—Section 5 of the Inspec20 tor General Act of 1978 (5 U.S.C. App.) is amended—

21 (1) by redesignating subsection (f) as sub22 section (g); and

23 (2) by inserting after subsection (e) the fol24 lowing:
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1 ‘‘(f)(1) Subject to paragraph (4), in addition to any

2 annual report required to be furnished and transmitted

3 under subsection (b), an Inspector General shall prepare

4 and submit a report described under paragraph (2) to—

5 ‘‘(A) the applicable congressional committee, if

6 the chairman or ranking member of a congressional

7 committee with appropriate jurisdiction submits a

8 written request to such Inspector General; or

9 ‘‘(B) to the Comptroller General of the United

10 States if the Comptroller General submits a written

11 request to such Inspector General.

12 ‘‘(2) A report referred to under paragraph (1) shall—

13 ‘‘(A) contain the information required for an

14 annual report under subsection (a); and

15 ‘‘(B) summarize the activities of the Office dur16 ing the 6-month period ending on March 31 of the

17 calendar year following the date on which the re18 quest is made.

19 ‘‘(3) A report under this subsection shall be sub20 mitted on April 30 of the calendar year following the date

21 on which the request is made.

22 ‘‘(4) An Inspector General shall not be required to

23 submit a report under this subsection if the written re24 quest for such report is submitted to the Inspector General

25 after November 30 of the calendar year preceding the date
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1 on which the report is otherwise required to be submitted

2 to a congressional committee or the Comptroller Gen3 eral.’’.

4 (c) SUBMISSION OF OTHER REPORTS.—Nothing in

5 the amendments made by this section shall be construed

6 to limit an Inspector General from submitting any report

7 containing in whole or part information required in an an8 nual or semiannual report furnished and transmitted

9 under section 5 of the Inspector General Act of 1978 (5

10 U.S.C. App.) to Congress more frequently than on an an11 nual or semiannual basis.

12 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

13 (1) Section 4(a)(2) of the Inspector General Act

14 of 1978 (5 U.S.C. App.) is amended by striking

15 ‘‘semiannual’’ and inserting ‘‘annual’’.

16 (2) Section 5 of the Inspector General Act of

17 1978 (5 U.S.C. App.) is amended—

18 (A) in subsection (b)—

19 (i) by striking ‘‘Semiannual’’ and in20 serting ‘‘Annual’’; and

21 (ii) by striking ‘‘April 30 and’’; and

22 (B) in subsection (c)—

23 (i) in the first sentence by striking

24 ‘‘semiannual’’ and inserting ‘‘annual’’; and
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1 (ii) in the second sentence by striking

2 ‘‘semiannual’’ and inserting ‘‘annual’’.

3 (3) Section 8(f) of the Inspector General Act of

4 1978 (5 U.S.C. App.) is amended by striking ‘‘semi5 annual’’ and inserting ‘‘annual’’.

6 (4) Section 8A(c) of the Inspector General Act

7 of 1978 (5 U.S.C. App.) is amended by striking

8 ‘‘semiannual’’ and inserting ‘‘annual’’.

9 SEC. 6. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE

10 SCHEDULE.

11 (a) LEVEL IV POSITIONS.—Section 5315 of title 5,

12 United States Code, is amended by striking each item re13 lating to the following positions:

14 (1) Inspector General, Department of Edu15 cation.

16 (2) Inspector General, Department of Energy.

17 (3) Inspector General, Department of Health

18 and Human Services.

19 (4) Inspector General, Department of Agri20 culture.

21 (5) Inspector General, Department of Housing

22 and Urban Development.

23 (6) Inspector General, Department of Labor.

24 (7) Inspector General, Department of Trans25 portation.
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1 (8) Inspector General, Department of Veterans

2 Affairs.

3 (9) Inspector General, Department of Defense.

4 (10) Inspector General, United States Informa5 tion Agency.

6 (11) Inspector General, Department of State.

7 (12) Inspector General, Department of Com8 merce.

9 (13) Inspector General, Department of the In10 terior.

11 (14) Inspector General, Department of Justice.

12 (15) Inspector General, Department of the

13 Treasury.

14 (16) Inspector General, Agency for Inter15 national Development.

16 (17) Inspector General, Environmental Protec17 tion Agency.

18 (18) Inspector General, Federal Emergency

19 Management Agency.

20 (19) Inspector General, General Services Ad21 ministration.

22 (20) Inspector General, National Aeronautics

23 and Space Administration.

24 (21) Inspector General, Nuclear Regulatory

25 Commission.
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1 (22) Inspector General, Office of Personnel

2 Management.

3 (23) Inspector General, Railroad Retirement

4 Board.

5 (24) Inspector General, Small Business Admin6 istration.

7 (25) Inspector General, Federal Deposit Insur8 ance Corporation.

9 (26) Inspector General, Resolution Trust Cor10 poration.

11 (27) Inspector General, Central Intelligence

12 Agency.

13 (28) Inspector General, Social Security Admin14 istration.

15 (29) Inspector General, United States Postal

16 Service.

17 (b) LEVEL III POSITIONS.—Section 5314 of title 5,

18 United States Code, is amended by adding at the end the

19 following:

20 ‘‘Inspector General, Department of Education.

21 ‘‘Inspector General, Department of Energy.

22 ‘‘Inspector General, Department of Health and

23 Human Services.

24 ‘‘Inspector General, Department of Agriculture.
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1 ‘‘Inspector General, Department of Housing

2 and Urban Development.

3 ‘‘Inspector General, Department of Labor.

4 ‘‘Inspector General, Department of Transpor5 tation.

6 ‘‘Inspector General, Department of Veterans

7 Affairs.

8 ‘‘Inspector General, Department of Defense.

9 ‘‘Inspector General, Department of State.

10 ‘‘Inspector General, Department of Commerce.

11 ‘‘Inspector General, Department of the Interior.

12 ‘‘Inspector General, Department of Justice.

13 ‘‘Inspector General, Department of the Treas14 ury.

15 ‘‘Inspector General, Agency for International

16 Development.

17 ‘‘Inspector General, Corporation for Community

18 and National Service.

19 ‘‘Inspector General, Environmental Protection

20 Agency.

21 ‘‘Inspector General, Federal Emergency Man22 agement Agency.

23 ‘‘Inspector General, General Services Adminis24 tration.
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1 ‘‘Inspector General, National Aeronautics and

2 Space Administration.

3 ‘‘Inspector General, Nuclear Regulatory Com4 mission.

5 ‘‘Inspector General, Office of Personnel Man6 agement.

7 ‘‘Inspector General, Railroad Retirement

8 Board.

9 ‘‘Inspector General, Small Business Administra10 tion.

11 ‘‘Inspector General, Federal Deposit Insurance

12 Corporation.

13 ‘‘Inspector General, Central Intelligence Agen14 cy.

15 ‘‘Inspector General, Social Security Administra16 tion.

17 ‘‘Inspector General, United States Postal Serv18 ice.’’.

19 (c) SAVINGS PROVISION.—Nothing in this section

20 shall have the effect of reducing the rate of pay of any

21 individual serving as an Inspector General on the effective

22 date of this section.
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1 SEC. 7. OFFICES OF INSPECTOR GENERAL IN CERTAIN DES2 IGNATED FEDERAL ENTITIES.

3 (a) TRANSFER OF FUNCTIONS.—Section 9(a)(1) of

4 the Inspector General Act of 1978 is amended—

5 (1) in subparagraph (J)—

6 (A) by inserting ‘‘(i)’’ after ‘‘(J)’’;

7 (B) by inserting ‘‘and’’ after the semicolon;

8 and

9 (C) by adding at the end the following:

10 ‘‘(ii) of the Department of Labor, the

11 Office of Inspector General of the Pensions

12 Benefit Guaranty Corporation, effective 30

13 days after the date of enactment of the In14 spector General Act Amendments of

15 1999;’’;

16 (2) in subparagraph (K)—

17 (A) by inserting ‘‘(i)’’ after ‘‘(K)’’;

18 (B) by inserting ‘‘and’’ after the semicolon;

19 and

20 (C) by adding at the end the following:

21 ‘‘(ii) of the Department of Transpor22 tation, the Office of Inspector General of

23 the Federal Maritime Commission, effec24 tive 30 days after the date of enactment of

25 the Inspector General Act Amendments of

26 1999;’’; and
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1 (3) in subparagraph (R)—

2 (A) by inserting ‘‘(i)’’ after ‘‘(R)’’;

3 (B) by inserting ‘‘and’’ after the semicolon;

4 and

5 (C) by adding at the end the following:

6 ‘‘(ii) of the Office of Personnel Man7 agement, the Office of Inspector General of

8 the Federal Labor Relations Authority, ef9 fective 30 days after the date of enactment

10 of the Inspector General Act Amendments

11 of 1999;’’.

12 (b) ADMINISTRATIVE PROVISIONS.—

13 (1) TERMINATION OF OFFICES.—The Office of

14 Inspector General of each designated Federal entity

15 transferred under subsection (a) is terminated.

16 (2) INCUMBENTS.—The individual who is the

17 Inspector General of a designated Federal entity

18 transferred under subsection (a)—

19 (A) shall be transferred to the Office of In20 spector General of the applicable establishment;

21 (B) shall be an employee of such Office

22 under the direction of the Inspector General of

23 the applicable establishment; and

24 (C) shall continue to be compensated at

25 not less than the rate provided for before such
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1 transfer, for at least 1 year after the date of

2 such transfer.

3 (3) PERSONNEL AND ASSETS.—Section 9 (b)

4 and (c) of the Inspector General Act of 1978 (5

5 U.S.C. App.) shall apply to the transfers made by

6 the amendments under subsection (a) of this section.

7 (c) FORMER DESIGNATED FEDERAL ENTITY.—Sec8 tion 8G(a)(2) of the Inspector General Act of 1978 (5

9 U.S.C. App.) is amended by striking ‘‘the Corporation for

10 Public Broadcasting, the Equal Employment Opportunity

11 Commission, the Farm Credit Administration, the Federal

12 Communications Commission, the Federal Election Com13 mission, the Federal Housing Finance Board, the Federal

14 Labor Relations Authority, the Federal Maritime Commis15 sion, the Federal Trade Commission, the Legal Services

16 Corporation, the National Archives and Records Adminis17 tration, the National Credit Union Administration, the

18 National Endowment for the Arts, the National Endow19 ment for the Humanities, the National Labor Relations

20 Board, the National Science Foundation, the Panama

21 Canal Commission, the Peace Corps, the Pension Benefit

22 Guaranty Corporation,’’ and inserting ‘‘the Corporation

23 for Public Broadcasting, the Equal Employment Oppor24 tunity Commission, the Farm Credit Administration, the

25 Federal Communications Commission, the Federal Elec-
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1 tion Commission, the Federal Housing Finance Board, the

2 Federal Trade Commission, the Legal Services Corpora3 tion, the National Archives and Records Administration,

4 the National Credit Union Administration, the National

5 Endowment for the Arts and the National Endowment for

6 the Humanities, the National Labor Relations Board, the

7 National Science Foundation, the Panama Canal Commis8 sion, the Peace Corps,’’.

9 (d) AMENDMENTS RELATING TO SPECIAL PROVI10 SIONS CONCERNING FORMER DESIGNATED FEDERAL EN11 TITIES.—

12 (1) RULE OF CONSTRUCTION OF SPECIAL PRO13 VISIONS.—Section 8I of the Inspector General Act of

14 1978 (5 U.S.C. App.) (relating to rule of construc15 tion of special provisions) is amended—

16 (A) by striking ‘‘SEC. 8I’’ and inserting

17 ‘‘SEC. 8K’’; and

18 (B) by striking all beginning with ‘‘special

19 provisions’’ through ‘‘of this Act’’ and inserting

20 ‘‘special provisions under section 8, 8A, 8B, 8C,

21 8D, 8E, 8F, or 8H of this Act.’’.

22 (2) SPECIAL PROVISIONS CONCERNING FORMER

23 DESIGNATED FEDERAL ENTITIES.—The Inspector

24 General Act of 1978 (5 U.S.C. App.) is amended by

25 inserting after section 8H the following:
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1 ‘‘SPECIAL PROVISIONS CONCERNING FORMER

2 DESIGNATED FEDERAL ENTITIES

3 ‘‘SEC. 8I. (a) For purposes of this section, the term—

4 ‘‘(1) ‘establishment’ means any establishment

5 to which an office is transferred under section

6 9(a)(1) (J), (K), or (R); and

7 ‘‘(2) ‘former designated Federal entity’ means a

8 designated Federal entity from which any office is

9 transferred under section 9(a)(1) (J), (K), or (R).

10 ‘‘(b) The Office of Inspector General of each estab11 lishment shall perform all duties, responsibilities, and

12 functions of an Office of Inspector General under this Act

13 with respect to each applicable former designated Federal

14 entity.

15 ‘‘(c) The Inspector General of an establishment shall

16 prepare and submit an annual report under section 5 re17 lating to each applicable former designated Federal entity

18 to the head of such former designated Federal entity.

19 ‘‘(d) In the administration of section 5(d) with re20 spect to a former designated Federal entity—

21 ‘‘(1) the Inspector General shall make the re22 quired report to the head of such former designated

23 Federal entity instead of the head of the establish24 ment; and
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1 ‘‘(2) the head of such former designated Fed2 eral entity shall make the required transmittal to

3 Congress.

4 ‘‘(e) The head of each former designated Federal en5 tity shall provide the Office of the Inspector General of

6 the applicable establishment with such office space, equip7 ment, supplies, facilities, and services as may be nec8 essary, in the same manner as provided under section 6(c).

9 ‘‘SPECIAL PROVISIONS CONCERNING THE NATIONAL EN10 DOWMENT FOR THE ARTS AND THE NATIONAL EN11 DOWMENT FOR THE HUMANITIES

12 ‘‘SEC. 8J. For purposes of this Act—

13 ‘‘(1) the National Endowment for the Arts and

14 the National Endowment for the Humanities shall

15 be treated as a single designated Federal entity;

16 ‘‘(2) subject to paragraph (3), the heads of the

17 designated Federal entities of the National Endow18 ment for the Arts and the National Endowment for

19 the Humanities (as determined under section 8H)

20 shall jointly exercise all functions of the head of a

21 designated Federal entity; and

22 ‘‘(3) in the appointment of a single Inspector

23 General for the National Endowment for the Arts

24 and the National Endowment for the Humanities,

25 the heads of such designated Federal entities shall
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1 consult with the Deputy Director for Management

2 of the Office of Management and Budget.’’.

3 (e) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect 30 days after the date of en5 actment of this Act.

6 SECTION 1. SHORT TITLE.

7 This Act may be cited as the ‘‘Inspector General Act

8 Amendments of 2000’’.

9 SEC. 2. PROHIBITION OF CASH BONUS OR AWARDS.

10 Section 3 of the Inspector General Act of 1978 (5

11 U.S.C. App.) is amended by adding at the end the following:

12 ‘‘(e) An Inspector General (as defined under section

13 8G(a)(6) or 11(3)) may not receive any cash award or cash

14 bonus, including any cash award under chapter 45 of title

15 5, United States Code.’’.

16 SEC. 3. EXTERNAL REVIEWS.

17 (a) IN GENERAL.—Section 4 of the Inspector General

18 Act of 1978 (5 U.S.C. App.) is amended by inserting at

19 the end the following:

20 ‘‘(e)(1)(A) Not less than every 3 years an external re21 view shall be conducted of each Office defined under sections

22 11(4) and 8G(a)(5).

23 ‘‘(B) The Inspector General of each Office defined

24 under sections 11(4) and 8G(5) shall arrange with the Gen-
24

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1 eral Accounting Office or an appropriate private entity for

2 the conduct of the review.

3 ‘‘(C) If an Inspector General contracts with a private

4 entity for a review under this subsection, the private entity

5 shall be contracted in accordance with section 303 of the

6 Federal Property and Administrative Services Act of 1949

7 (41 U.S.C. 253).

8 ‘‘(2) At a minimum, an external review under this

9 subsection shall evaluate whether the Office of Inspector

10 General properly manages and controls—

11 ‘‘(A) contracts awarded by the Office of Inspector

12 General, including a determination of whether—

13 ‘‘(i) procedures used to procure contracts

14 are in accordance with applicable laws and reg15 ulations; and

16 ‘‘(ii) costs incurred are reasonable and al17 lowable under the terms of each contract;

18 ‘‘(B) appropriated funds, including a determina19 tion of whether training and travel funds are ex20 pended in accordance with applicable laws and regu21 lations; and

22 ‘‘(C) personnel actions, including a determina23 tion of whether hiring and promotion practices used

24 and performance awards issued are in accordance

25 with applicable laws and regulations.
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1 ‘‘(3) Not later than 30 calendar days after the comple2 tion of an external review, a report of the results shall be

3 submitted to the head of the establishment and simulta4 neously to the appropriate committees or subcommittees of

5 Congress.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

7 section heading for section 4 of the Inspector General Act

8 of 1978 (5 U.S.C. App.) is amended to read as follows:

9 ‘‘DUTIES AND RESPONSIBILITIES; REPORT OF CRIMINAL

10 VIOLATIONS TO ATTORNEY GENERAL; EXTERNAL REVIEWS’’.

11 SEC. 4. ANNUAL REPORTS.

12 (a) IN GENERAL.—Section 5(a) of the Inspector Gen13 eral Act of 1978 (5 U.S.C. App.) is amended—

14 (1) by striking the first sentence and inserting

15 ‘‘Each Inspector General shall, not later than October

16 31 of each year, prepare annual reports summarizing

17 the activities and accomplishments of the Office dur18 ing the immediately preceding 12-month period end19 ing September 30.’’;

20 (2) by striking paragraphs (1) through (12) and

21 inserting the following:

22 ‘‘(1) a summary of the program areas within the

23 establishment identified by the Inspector General as

24 high risk because of vulnerabilities to waste, fraud,

25 abuse, and mismanagement;
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1 ‘‘(2) a description of the most significant audits,

2 investigations (administrative, civil, and criminal),

3 and evaluations and inspections completed during the

4 reporting period;

5 ‘‘(3) a summary of each report made to the head

6 of the establishment under section 6(b)(2) during the

7 reporting period;

8 ‘‘(4) a table showing—

9 ‘‘(A)(i) the total number of final audit re10 ports issued by the Office of Inspector General;

11 and

12 ‘‘(ii) the financial benefits associated with

13 the reports segregated by category, such as budget

14 reductions, costs avoided, questioned costs, and

15 revenue enhancements; and

16 ‘‘(B) corrective actions taken and program

17 improvements made during the reporting period

18 in response to either an Office of Inspector Gen19 eral audit finding or recommendation (excluding

20 any recommendation included under subpara21 graph (A) with respect to such corrective ac22 tions);

23 ‘‘(5) a table showing—
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1 ‘‘(A) the judicial and administrative ac2 tions associated with investigations conducted by

3 the Office of Inspector General;

4 ‘‘(B) the number of—

5 ‘‘(i) cases referred for criminal pros6 ecution, civil remedies, or administrative

7 actions;

8 ‘‘(ii) cases presented but declined for

9 prosecution, segregated by criminal and

10 civil;

11 ‘‘(iii) cases accepted for prosecution

12 (both Federal and State), segregated by

13 criminal and civil;

14 ‘‘(iv) defendants indicted;

15 ‘‘(v) defendants convicted;

16 ‘‘(vi) defendants acquitted or charges

17 dismissed after indictment;

18 ‘‘(vii) defendants sentenced to terms of

19 imprisonment;

20 ‘‘(viii) defendants sentenced to terms of

21 probation; and

22 ‘‘(ix) suspensions, disbarments, exclu23 sions, sanctions, or some other similar ad24 ministrative action; and
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1 ‘‘(C) the total amount of fines, restitutions,

2 and recoveries;

3 ‘‘(6) a description of the organization and man4 agement structure of the Office of Inspector General,

5 including—

6 ‘‘(A) an organization chart showing the

7 major components of the Office;

8 ‘‘(B) a statistical table showing the number

9 of authorized full-time equivalent positions seg10 regated by component and by headquarters and

11 field office; and

12 ‘‘(C) the amount of funding received in

13 prior and current fiscal years;

14 ‘‘(7) a table showing—

15 ‘‘(A) the number of contracts, and associ16 ated dollar value, awarded on a noncompetitive

17 basis by the Office of Inspector General; and

18 ‘‘(B) with respect to any individual con19 tract valued over $100,000, awarded on a non20 competitive basis—

21 ‘‘(i) the name of the contractor;

22 ‘‘(ii) statement of work;

23 ‘‘(iii) the time period of the contract;

24 and

25 ‘‘(iv) the dollar amount of the contract;
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1 ‘‘(8)(A) a summary of each audit report issued

2 in previous reporting periods for which no manage3 ment decision has been made by the end of the report4 ing period (including the date and title of each such

5 report);

6 ‘‘(B) an explanation of the reasons such manage7 ment decision has not been made; and

8 ‘‘(C) a statement concerning the desired time9 table for achieving a management decision on each

10 such report;’’;

11 (3) by redesignating paragraph (13) as para12 graph (9);

13 (4) in paragraph (9) (as redesignated by para14 graph (3) of this subsection)—

15 (A) by striking ‘‘section 05(b)’’ and insert16 ing ‘‘section 804(b)’’; and

17 (B) by striking the period and inserting a

18 semicolon and ‘‘and’’; and

19 (5) by adding at the end the following new para20 graph:

21 ‘‘(10) any other information that the Inspector

22 General determines appropriate to include in the an23 nual report.’’.

24 (b) SEMIANNUAL REPORTS.—Section 5 of the Inspec25 tor General Act of 1978 (5 U.S.C. App.) is amended—
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•S 870 RS

1 (1) by redesignating subsection (f) as subsection

2 (g); and

3 (2) by inserting after subsection (e) the following:

4 ‘‘(f)(1) Subject to paragraph (4), in addition to any

5 annual report required to be furnished and transmitted

6 under subsection (b), an Inspector General shall prepare

7 and submit a report described under paragraph (2) to—

8 ‘‘(A) the applicable congressional committee, if

9 the chairman or ranking member of a congressional

10 committee with appropriate jurisdiction submits a

11 written request to such Inspector General; or

12 ‘‘(B) to the Comptroller General of the United

13 States if the Comptroller General submits a written

14 request to such Inspector General.

15 ‘‘(2) A report referred to under paragraph (1) shall—

16 ‘‘(A) contain the information required for an an17 nual report under subsection (a); and

18 ‘‘(B) summarize the activities of the Office dur19 ing the 6-month period ending on March 31 of the

20 calendar year following the date on which the request

21 is made.

22 ‘‘(3) A report under this subsection shall be submitted

23 on April 30 of the calendar year following the date on which

24 the request is made.
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•S 870 RS

1 ‘‘(4) An Inspector General shall not be required to sub2 mit a report under this subsection if the written request

3 for such report is submitted to the Inspector General after

4 November 30 of the calendar year preceding the date on

5 which the report is otherwise required to be submitted to

6 a congressional committee or the Comptroller General.’’.

7 (c) SUBMISSION OF OTHER REPORTS.—Nothing in the

8 amendments made by this section shall be construed to limit

9 an Inspector General from submitting any report con10 taining in whole or part information required in an annual

11 or semiannual report furnished and transmitted under sec12 tion 5 of the Inspector General Act of 1978 (5 U.S.C. App.)

13 to Congress more frequently than on an annual or semi14 annual basis.

15 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

16 (1) Section 4(a)(2) of the Inspector General Act

17 of 1978 (5 U.S.C. App.) is amended by striking

18 ‘‘semiannual’’ and inserting ‘‘annual’’.

19 (2) Section 5 of the Inspector General Act of

20 1978 (5 U.S.C. App.) is amended—

21 (A) in subsection (b)—

22 (i) by striking ‘‘Semiannual’’ and in23 serting ‘‘Annual’’; and

24 (ii) by striking ‘‘April 30 and’’; and

25 (B) in subsection (c)—
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1 (i) in the first sentence by striking

2 ‘‘semiannual’’ and inserting ‘‘annual’’; and

3 (ii) in the second sentence by striking

4 ‘‘semiannual’’ and inserting ‘‘annual’’.

5 (3) Section 8(f) of the Inspector General Act of

6 1978 (5 U.S.C. App.) is amended by striking ‘‘semi7 annual’’ and inserting ‘‘annual’’.

8 (4) Section 8A(c) of the Inspector General Act of

9 1978 (5 U.S.C. App.) is amended by striking ‘‘semi10 annual’’ and inserting ‘‘annual’’.

11 SEC. 5. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE

12 SCHEDULE.

13 (a) LEVEL IV POSITIONS.—Section 5315 of title 5,

14 United States Code, is amended by striking each item relat15 ing to the following positions:

16 (1) Inspector General, Department of Education.

17 (2) Inspector General, Department of Energy.

18 (3) Inspector General, Department of Health and

19 Human Services.

20 (4) Inspector General, Department of Agri21 culture.

22 (5) Inspector General, Department of Housing

23 and Urban Development.

24 (6) Inspector General, Department of Labor.
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1 (7) Inspector General, Department of Transpor2 tation.

3 (8) Inspector General, Department of Veterans

4 Affairs.

5 (9) Inspector General, Department of Defense.

6 (10) Inspector General, United States Informa7 tion Agency.

8 (11) Inspector General, Department of State.

9 (12) Inspector General, Department of Com10 merce.

11 (13) Inspector General, Department of the Inte12 rior.

13 (14) Inspector General, Department of Justice.

14 (15) Inspector General, Department of the Treas15 ury.

16 (16) Inspector General, Agency for International

17 Development.

18 (17) Inspector General, Environmental Protec19 tion Agency.

20 (18) Inspector General, Federal Emergency Man21 agement Agency.

22 (19) Inspector General, General Services Admin23 istration.

24 (20) Inspector General, National Aeronautics

25 and Space Administration.
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•S 870 RS

1 (21) Inspector General, Nuclear Regulatory Com2 mission.

3 (22) Inspector General, Office of Personnel Man4 agement.

5 (23) Inspector General, Railroad Retirement

6 Board.

7 (24) Inspector General, Small Business Adminis8 tration.

9 (25) Inspector General, Federal Deposit Insur10 ance Corporation.

11 (26) Inspector General, Resolution Trust Cor12 poration.

13 (27) Inspector General, Central Intelligence

14 Agency.

15 (28) Inspector General, Social Security Adminis16 tration.

17 (29) Inspector General, United States Postal

18 Service.

19 (b) LEVEL III POSITIONS.—Section 5314 of title 5,

20 United States Code, is amended by adding at the end the

21 following:

22 ‘‘Inspector General, Department of Education.

23 ‘‘Inspector General, Department of Energy.

24 ‘‘Inspector General, Department of Health and

25 Human Services.
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1 ‘‘Inspector General, Department of Agriculture.

2 ‘‘Inspector General, Department of Housing and

3 Urban Development.

4 ‘‘Inspector General, Department of Labor.

5 ‘‘Inspector General, Department of Transpor6 tation.

7 ‘‘Inspector General, Department of Veterans Af8 fairs.

9 ‘‘Inspector General, Department of Defense.

10 ‘‘Inspector General, Department of State.

11 ‘‘Inspector General, Department of Commerce.

12 ‘‘Inspector General, Department of the Interior.

13 ‘‘Inspector General, Department of Justice.

14 ‘‘Inspector General, Department of the Treasury.

15 ‘‘Inspector General, Agency for International De16 velopment.

17 ‘‘Inspector General, Corporation for Community

18 and National Service.

19 ‘‘Inspector General, Environmental Protection

20 Agency.

21 ‘‘Inspector General, Federal Emergency Manage22 ment Agency.

23 ‘‘Inspector General, General Services Adminis24 tration.
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•S 870 RS

1 ‘‘Inspector General, National Aeronautics and

2 Space Administration.

3 ‘‘Inspector General, Nuclear Regulatory Commis4 sion.

5 ‘‘Inspector General, Office of Personnel Manage6 ment.

7 ‘‘Inspector General, Railroad Retirement Board.

8 ‘‘Inspector General, Small Business Administra9 tion.

10 ‘‘Inspector General, Federal Deposit Insurance

11 Corporation.

12 ‘‘Inspector General, Central Intelligence Agency.

13 ‘‘Inspector General, Social Security Administra14 tion.

15 ‘‘Inspector General, United States Postal Serv16 ice.’’.

17 (c) SAVINGS PROVISION.—Nothing in this section shall

18 have the effect of reducing the rate of pay of any individual

19 serving as an Inspector General on the effective date of this

20 section.

21 SEC. 6. STUDY AND REPORT ON CONSOLIDATION OF IN22 SPECTOR GENERAL OFFICES.

23 (a) STUDY.—The Comptroller General shall—
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1 (1) develop criteria for determining whether the

2 consolidation of Federal Inspector General offices

3 would be cost-efficient and in the public interest; and

4 (2) conduct a study of Federal Inspector General

5 offices using the criteria developed under paragraph

6 (1) to determine whether any such offices should be

7 consolidated.

8 (b) REPORT TO CONGRESS.—Not later than 180 days

9 after the date of enactment of this Act, the Comptroller Gen10 eral shall submit a report to Congress containing rec11 ommendations for any legislative action, based on the study

12 conducted under paragraph (2).
Calendar No. 919

106TH CONGRESS

2D SESSION S. 870

A BILL

To amend the Inspector General Act of 1978 (5

U.S.C. App.) to increase the efficiency and accountability of Offices of Inspector General within Federal departments, and for other purposes.

OCTOBER 3 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment