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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 428 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                 S. 428

    To establish the Office of the Inspector General of the Senate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2011

Mrs. McCaskill introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
    To establish the Office of the Inspector General of the Senate.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. OFFICE OF THE INSPECTOR GENERAL OF THE SENATE.

    (a) Definitions.--In this Act:
            (1) Committee.--The term ``Committee'' means the Committee 
        on Rules and Administration of the Senate.
            (2) Employee of the senate.--The term ``employee of the 
        Senate'' means an employee whose pay is disbursed by the 
        Secretary of the Senate.
            (3) Inspector general.--The term ``Inspector General'' 
        means the Inspector General of the Senate.
            (4) Office.--The term ``Office'' means the Office of the 
        Inspector General of the Senate.
    (b) Establishment of Office.--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) Inspector General.--
            (1) Appointment.--
                    (A) In general.--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) Initial appointment.--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) Term of service.--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) Removal.--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) Salary.--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) Duties.--
            (1) In general.--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) Administration.--
                    (A) In general.--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) Compliance.--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 cooperation.--In 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 general.--In 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) Semiannual Reports.--
            (1) Definitions.--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) In general.--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) Comments.--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) Public availability.--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 problems.--The 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) In general.--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) Exception.--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 
                committees.--Except 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) Website.--
            (1) In general.--The Office shall establish and maintain a 
        website.
            (2) Requirements for the office website.--
                    (A) Posting of reports and audits.--The 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) In general.--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) Anonymity.--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) Authority.--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) Nondisclosure.--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) Prohibiting retaliation.--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 duties.--A 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) Powers.--
            (1) 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 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) Staff.--
                    (A) In general.--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) Experts and consultants.--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 staff.--No 
                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) Equipment and supplies.--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 Appropriations.--There are authorized to be 
appropriated to carry out this Act $4,000,000 for fiscal year 2011.
    (j) Effective Date.--This section shall take effect on October 1, 
2011.
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