I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL OFFICE OF INSPECTOR GEN-
ERAL.
There is created an establishment of the Government
to be known as the Congressional Office of Inspector Gen-
eral, which shall be independent of the executive depart-
ments 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 IN-
SPECTOR GENERAL.
The purpose of this Act is to create independent and
objective units—
(1) to conduct and supervise audits and inves-
tigations relating to the office procedures and oper-
ations 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 oper-
ations; and
(3) to provide a means for keeping each Mem-
ber of Congress and the Congress fully and currently
informed about problems and deficiencies relating to
the administration of such office procedures and op-
erations and the necessity for and progress of cor-
rective action.
SEC. 3. APPOINTMENT OF INSPECTOR GENERAL; SUPER-
VISION; REMOVAL; APPOINTMENT OF ASSIST-
ANT 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 reappoint-
ment.
(b) SUPERVISION.—The Inspector General shall re-
port to and be under the general supervision of the Speak-
er and the minority leader of the House of Representa-
tives. The Speaker of the House shall not prevent or pro-
hibit the Inspector General from initiating, carrying out,
or completing any audit or investigation.
(c) REMOVAL.—The Inspector General may be re-
moved 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 super-
vising 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 activi-
ties relating to such office procedures and oper-
ations.
SEC. 4. DUTIES AND RESPONSIBILITIES.
(a) IN GENERAL.—It shall be the duty and respon-
sibility 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 inves-
tigations relating to the office procedures and oper-
ations 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 rec-
ommendations in the annual reports required con-
cerning the impact of such rules or regulations on
the economy and efficiency in the administration of
office procedures and operations administered or fi-
nanced by each Congressional office of the preven-
tion 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 in-
formed by means of the reports required and other-
wise, concerning fraud and other serious problems,
abuses, and deficiencies relating to the administra-
tion of office procedures and operations, and to
report on the progress made in implementing such
corrective action.
(b) AUDIT STANDARDS.—In carrying out the respon-
sibilities each Inspector General shall comply with estab-
lished standards for audits of Federal establishments, or-
ganizations, programs, activities, and functions.
(c) REPORTS OF RULES VIOLATIONS.—In carrying
out the duties and responsibilities established each Inspec-
tor 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 imme-
diately 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 administra-
tion of office procedures and operations of each
Member and committee of the House of Representa-
tives and any other office of the House of Represent-
atives whose employees are paid by the Clerk dis-
closed by such activities during the reporting period;
(2) a description of the recommendations for
corrective action made by the Office during the re-
porting period with respect to significant problems,
abuses, or deficiencies identified pursuant to para-
graph (1);
(3) an identification of each significant rec-
ommendation described in previous annual reports
on which corrective action has not been completed;
(4) a summary of matters referred to the Com-
mittee on Standards of Official Conduct and the ac-
tions which have resulted;
(5) a summary of each report made to the
Speaker and minority leader of the House of Rep-
resentatives under section 6(b) during the reporting
period;
(6) a listing, subdivided according to subject
matter, of each audit report issued by the office dur-
ing 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 ques-
tioned costs (including a separate category for the
dollar value of unsupported costs), for audit re-
ports—
(A) for which no management decision has
been made by the commencement of the report-
ing 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 dis-
allowed; 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 recommenda-
tions that funds be put to better use by manage-
ment, for audit reports—
(A) for which no management decision had
been made by the commencement of the report-
ing 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 recommenda-
tions that were not agreed to by manage-
ment; and
(ii) the dollar value of recommenda-
tions that were not agreed to by manage-
ment; 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 be-
fore 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 time-
table for achieving a management decision on each
such report; and
(11) information concerning any significant
management decision with which the Inspector Gen-
eral 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 Representa-
tives not later than October 31 of each year.
(c) REPORT OF SERIOUS PROBLEMS.—The Inspector
General shall report immediately to the Speaker and mi-
nority leader of the House of Representatives whenever
the Inspector General becomes aware of particularly seri-
ous or flagrant problems, abuses, or deficiencies relating
to the administration of office procedures and operations
of any Member or committee of the House of Representa-
tives 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 un-
reasonable;
(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 ques-
tioned cost that management, in a management deci-
sion, 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 commit-
tee or other office took action to implement and
complete the recommendation including—
(A) reductions in outlays; and
(B) any other savings which are specifi-
cally 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 rec-
ommendations, 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 re-
spect to the findings and recommendations in-
cluded 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 ac-
tion occurs when a management decision has
been made.
SEC. 6. AUTHORITY OF INSPECTOR GENERAL.
(a) IN GENERAL.—In addition to the authority other-
wise provided by this Act, the Inspector General in carry-
ing 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 re-
lates to office procedures and operations with re-
spect to which the Inspector General has responsibil-
ities under this Act;
(2) to make such investigations and reports re-
lating 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 judg-
ment of the Inspector General, necessary or desir-
able;
(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 Mem-
ber 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 cir-
cumstance 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 re-
ceive 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 mis-
management, 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 Gen-
eral 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 per-
sonnel 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 informa-