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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1707 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1707

 To amend the Inspector General Act of 1978 (5 U.S.C. App.) to provide 
that certain designated Federal entities shall be establishments under 
                   such Act, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 7, 1999

Mr. Thompson (for himself and Mr. Frist) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend the Inspector General Act of 1978 (5 U.S.C. App.) to provide 
that certain designated Federal entities shall be establishments under 
                   such Act, and for other purposes.

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

SECTION 1. FINDINGS.

    Congress finds that--
            (1) Inspectors General serve an important function in 
        preventing and eliminating fraud, waste, and abuse in the 
        Federal Government; and
            (2) independence is vital for an Inspector General to 
        function effectively.

SEC. 2. CERTAIN DESIGNATED FEDERAL ENTITIES AS ESTABLISHMENTS UNDER THE 
              INSPECTOR GENERAL ACT OF 1978.

    (a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) in section 8G(a)(2)--
                    (A) by striking ``Amtrak,'';
                    (B) by striking ``the Board of Governors of the 
                Federal Reserve System,'';
                    (C) by striking ``the National Science 
                Foundation,''; and
                    (D) by striking ``the Tennessee Valley Authority, 
                the United States International Trade Commission, and 
                the United States Postal Service;'' and inserting ``and 
                the United States International Trade Commission;''; 
                and
            (2) in section 11--
                    (A) in paragraph (1) by striking ``or the 
                Commissioner of Social Security, Social Security 
                Administration;'' and inserting ``the Commissioner of 
                Social Security, Social Security Administration; the 
                Reform Board of Amtrak; the Board of Governors of the 
                Federal Reserve System; the National Science Board, 
                National Science Foundation; the Postmaster General of 
                the United States Postal Service; or the Board of 
                Directors of the Tennessee Valley Authority;''; and
                    (B) in paragraph (2) by striking ``or the Veterans' 
                Administration, or the Social Security 
                Administration;'' and inserting ``the Veterans' 
                Administration, the Social Security Administration, 
                Amtrak, the Board of Governors of the Federal Reserve 
                System, the National Science Foundation, the United 
                States Postal Service, or the Tennessee Valley 
                Authority;''.
    (b) Executive Schedule Position.--Section 5315 of title 5, United 
States Code, is amended by inserting after the item relating to the 
Inspector General of the Small Business Administration the following:
            ``Inspector General, Tennessee Valley Authority.
            ``Inspector General, Amtrak.
            ``Inspector General, Board of Governors of the Federal 
        Reserve System.
            ``Inspector General, National Science Foundation.''.
    (c) Conforming Amendments.--Section 8G of the Inspector General Act 
of 1978 (5 U.S.C. App.) is amended--
            (1) in subsection (a)(4) by striking all after ``of this 
        section'' through the end and inserting a semicolon;
            (2) in subsection (c) by striking ``Except as provided 
        under subsection (f) of this section, the'' and inserting 
        ``The'';
            (3) by striking subsection (f); and
            (4) in subsection (g) by striking paragraph (3).

SEC. 3. SPECIAL PROVISIONS CONCERNING THE UNITED STATES POSTAL SERVICE.

    (a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) by redesignating sections 8G (as amended by section 2), 
        8H, and 8I as sections 8H, 8I, and 8J, respectively; and
            (2) by inserting after section 8F the following:

    ``special provisions concerning the united states postal service

    ``Sec. 8G. (a) In carrying out the duties and responsibilities 
specified in this Act, the Inspector General of the United States 
Postal Service shall have oversight responsibility for all activities 
of the Postal Inspection Service, including any internal investigation 
performed by the Postal Inspection Service. The Chief Postal Inspector 
shall promptly report the significant activities being carried out by 
the Postal Inspection Service to such Inspector General.
    ``(b) Notwithstanding any provision of paragraph (7) or (8) of 
section 6(a), the Inspector General of the United States Postal Service 
may select, appoint, and employ such officers and employees as may be 
necessary for carrying out the functions, powers and duties of the 
Office of Inspector General and to obtain the temporary or intermittent 
services of experts or consultants or an organization of experts or 
consultants, subject to the applicable laws and regulations that govern 
such selections, appointments, and employment, and the obtaining of 
such services, within the United States Postal Service.
    ``(c) Nothing in this Act shall restrict, eliminate, or otherwise 
adversely affect any of the rights, privileges, or benefits of 
employees of the United States Postal Service, or labor organizations 
representing employees of the United States Postal Service, under 
chapter 12 of title 39, United States Code, the National Labor 
Relations Act, any handbook or manual affecting employee labor 
relations with the United States Postal Service, or any collective 
bargaining agreement.
    ``(d) There are authorized to be appropriated, out of the Postal 
Service Fund, such sums as may be necessary for the Office of Inspector 
General of the United States Postal Service.''.
    (b) Technical and Conforming Amendments.--
            (1) Redesignations in the inspector general act of 1978.--
        Section 8J of the Inspector General Act of 1978 (5 U.S.C. App.) 
        (as redesignated by subsection (a) of this section) is 
        amended--
                    (A) by striking all beginning with ``section 8'' 
                through ``this Act'' and inserting ``section 8, 8A, 8B, 
                8C, 8D, 8E, 8F, 8G, or 8I of this Act''; and
                    (B) by striking ``8G(a)'' and inserting ``8H(a)''.
            (2) Relating to title 39, united states code.--
                    (A) Board of governors.--Section 202 of title 39, 
                United States Code, is amended by striking subsection 
                (e).
                    (B) Definition.--Section 102 of title 39, United 
                States Code, is amended by striking paragraph (4) and 
                inserting the following:
            ``(4) `Inspector General' means the Inspector General of 
        the United States Postal Service, appointed under section 3(a) 
        of the Inspector General Act of 1978 (5 U.S.C. App.);''.
                    (C) Postal employment policy.--Section 1003 of 
                title 39, United States Code, is amended--
                            (i) in subsection (a), in the first 
                        sentence by striking ``chapters 2 and 12 of 
                        this title, section 8G of the Inspector General 
                        Act of 1978, or other provision of law,'' and 
                        inserting ``chapter 2 or 12 of this title, 
                        subsection (b) or (c) of this section, or any 
                        other provision of law,'';
                            (ii) in subsection (b), by striking 
                        ``respective'' and inserting ``other''; and
                            (iii) in subsection (c), by striking 
                        ``included'' and inserting ``includes''.
            (3) Relating to the federal property and administrative 
        services act of 1949.--Section 304C(b)(1) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        254d(b)(1)) is amended by striking ``8G'' and inserting ``8H''.
    (c) Incumbent Inspector General; Authorization of Appropriations.--
            (1) In general.--If the position of Inspector General of 
        the United States Postal Service is occupied on the effective 
        date of this Act (other than by a person serving due to a 
        vacancy arising in that position before the expiration of a 
        term of the predecessor of that person), then, for purposes of 
        the period beginning on such effective date and ending on 
        January 5, 2004, or, if earlier, the date on which such person 
        ceases to serve in that position, the provisions of title 39, 
        United States Code, and the Inspector General Act of 1978 (5 
        U.S.C. App.) shall be applied as if the amendments made by this 
        section had not been enacted, except as provided in paragraph 
        (2).
            (2) Authorization of appropriations.--
                    (A) In general.--Notwithstanding any other 
                provision of this subsection or section 5 of this Act, 
                section 8G(d) of the Inspector General Act of 1978 (as 
                amended by this section) shall be effective for 
                purposes of fiscal years beginning on or after October 
                1, 2000.
                    (B) Savings provision.--For purposes of the fiscal 
                year ending on September 30, 2000, funding for the 
                Office of Inspector General of the United States Postal 
                Service shall be made available in the same manner as 
                if this Act had never been enacted.
            (3) Eligibility of prior inspector general.--Nothing in 
        this Act shall prevent any person who has served as Inspector 
        General of the United States Postal Service at any time before 
        the effective date of this Act from being appointed to that 
        position pursuant to the amendments made by this Act.

SEC. 4. INCUMBENT INSPECTORS GENERAL.

    The person serving on the effective date of this Act as Inspector 
General of each designated Federal entity (other than the United States 
Postal Service) made an establishment under this Act--
            (1) may continue such service until the President makes an 
        appointment under section 3(a) of the Inspector General Act of 
        1978 (5 U.S.C. App.) consistent with the amendments made by 
        this Act; and
            (2) shall be subject to section 8H (c) and (d) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) (as redesignated 
        by section 3 of this Act) as applicable to the appropriate head 
        of the establishment as amended by this Act, unless that person 
        is appointed by the President, by and with the advice and 
        consent of the Senate, to be Inspector General of that 
        establishment.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 30 days after the 
date of enactment of this Act.
                                 <all>
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