HOUSE SUBCOMMITTEE AMENDMENT TO H.R. 4054, THE INSPECTOR GENERAL ACT AMENDMENTS.

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CIA-RDP90M00005R001300100018-3
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RIPPUB
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K
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29
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December 22, 2016
Document Release Date: 
September 25, 2012
Sequence Number: 
18
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Publication Date: 
May 24, 1988
Content Type: 
MEMO
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Declassified in Part - Sanitized Copy Approved for Release .. ? m TION 2012/09/25: CIA-RDP90M00005R001300100018-3 ?-? OCA 1660-88 STAT OFFICE OF CONGRESSIONAL AFFAIRS Routing Slip ACTION INFO 1. D/OCA X 2 -.C8"---7-----"--D /Legislation X 3. DD/Senate Affairs X 4. Ch/Senate Affairs 5. DD/House Affairs X 6. Ch/House Affairs 7. Admin Officer 8. Executive Officer 9. FOIA Officer 10' 0Coffniscteitruent Inquiries 11. 12. GAH 5/25/88 Name/Date Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 ? ACTION OCA 1460-83 STAT OFFICE OF CONGRESSIONAL AFFAIRS Routing Slip ACTION INFO 1. D/OCA a. .. 2. DD/Legislation /f 3. DD/Senate Affairs X 4. Ch/Senate Affairs 5. DD/House Affairs y 6. Ch/House Affairs 7. Admin Officer 8. Executive Officer 9. FOIA Officer 10 Constituent Inquiries ? Officer 11. 12. SUSPENSE 27 Y 1-73 Date Action Officer: Remarks: CAN S/25/Ar Name/Date Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 TO: EXECUTIVE OFFICE OF 114E PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. O.C. SOSO) May 24, 1988 LEGISLATIVE REFERRAL MEMORANDUM SEE ATTACHED DISTRIBUTION LIST ALE OCA 1660-88 SUBJECT: House subcommittee amendment to H.R. 4054, the Inspector General Act Amendments. The Office of Management and Budget requests the views of your agency on the above subject before advising on its relationship to the program of the President, in accordance with OMB Circular A-19. Please provide us with your views no later than May 27, 1988 Direct your questions to Branden Blum (395-3454), the legislative attorney in this office. Enclosure cc: Jack Sheehan Karen Wilson Ed Rea Eric Hampl Anna Dixon Bob Damus James C. Murr for Assistant Director for Legislative Reference Am' Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 DISTRIBUTION LIST AGENCY CONTACT PHONE NUMBER Agency for International Robert Lester 647-8404 Development (02) Department of Agriculture (01) Marvin Shapiro 382-1516 Department of Commerce (04) Mike Levitt 377-3151 Department of Defense (06) Sam Brick 697-1305 Department of Education (07) Nancy Heindel 732-2670 Department of Energy (09) Bob Rabben 586-6718 Department of Health and Human Services (14) Frances White 245-7760 Department of Housing and Urban Development (15) Ed Murphy 755-7093 Department of the Interior (16) Philip Kiko 343-6706 Department of Justice (17) Jack Perkins 633-2113 Department of Labor (18) Seth Zinman 523-8201 Department of State (25) Bronwyn Bachrach 647-4463 Department of Transportation (26) Tom Herlihy 366-4684 Department of the Treasury (28) Carole Toth 566-8523 Equal Employment Opportunity Commission (13) Debbie Graham 634-6036 Environmental Protection Agency (08) Hank Schilling 382-5414 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 2 Federal Emergency Management Agency (10) Federal Trade Commission (03) NASA (19) Office of Personnel Management (22) Small Business Administration (24) United States Postal Service (11) Veterans Administration (29) General Services Administration (37) National Science Foundation (48) Tennessee Valley Authority (12) Nuclear Regulatory Commission ((27) Spence Perry Craig Brightup Jon A. McBride James Woodruff Cliff Downen Fred Eggleston Donald Ivers Al Vicchiolla Charles Herz Willard Phillips Trip Rothschild 646-4105 326-2195 453-1948 632-5524 653-7581 268-2958 233-3832 566-0563 357-9435 245-0101 492-1607 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Central Intelligence Agency Peace Corps Smithsonian Institution National Archives and Records Administration National Endowment for the Arts National Endowment for the Humanities 3 L. Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 MM. SAC4054A (5-16-88] AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 4054 OFFERED BY MR. BROOKS Strike out all after the enacting clause and insert the following: 1 TITLE I--INSPECTOR GENERAL ACT AMENDMENTS 2 SECTION 101. SHORT TITLE. 3 This Act may be cited as the ? ? Inspector General Act 4 Amendments of 1988''. 5 SEC. 102. ESTABLISHMENT OF NEW OFFICES OF INSPECTOR GENERAL. ? 6 (al PURPOSE; ESTABLISHMENT.--Section 2(1) of the 7 Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. - 8 App.) is amended to readsas follows: 9 (1) to conduct and supervise audits and 10 investigations relating to the programs and operations of 11 the establishments listed in section 11(2);'. 12 (b) ADDITION OF DEPARTMENTS OF ENERGY, HEALTH AND HUMAN 13 SERVICES, JUSTICE, AND TREASURY AND FEMA TO LIST OF COVERED 14 ESTABLISHMENTS.--Section 11 of such Act is amended by 15 striking out paragraphs (1) and (2) and inserting in lieu 15 thcrcf aUm frOlnwins: 17 (1) the term ? head of the establishment means the 18 Secretary of Agriculture, Commerce, Defense, Education, Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 2 1 Energy, Health and Human Services, Housing and Urban 2 Development, the Interior, Labor, State, Transportation, 3 or the Treasury; the Attorney General; the Administrator 4 of the Agency for International Development, 5 Environmental Protection, General Services, National 6 Aeronautics and Space, Small Business, or Veterans 7 Affairs; the Director of the Federal Emergency Management 8 Agency or the United States Information Agency; or the 9 Chairman of the Railroad Retirement Board; as the case 10 may be; 11 (2) the term establishment means the Department 12 of Agriculture, Commerce, Defense, Education, Energy, 13 Health and Human Services, Housing and Urban Development, 14 the Interior, Justice, Labor, State, Transportation, or ? 15 the Treasury; the Agency for International Development, :16 the Environmental Protection Agency, the Federal 17 Emergency Management Agency, the General Services 18 Administration, the National Aeronautics and Space 19 Administration, the Railroad Retirement Board, the Small 20 Business Administration, the United States Information 21 Agency, or the Veterans' Administration; as the case may 22 be;''. 23 (c) TRANSFERS OF EXISTING.AUDIT AND INVESTIGATION 24 UNITS.--Section 9(a)(1) of such Act is amended-- 25 (1) by striking out subparagraph (I), relating to the imm Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/99/25: CIA-RDP90M00005R001300100018-3 01. SAC4054A 3 1 Community Services Administration; 2 (2) by redesignating subparagraphs (J) through (N) as 3 subparagraphs (I) through (M), respectively; 4 (3) by striking out and at the end of 5 subparagraphs (L) and (M) (as so redesignated); and 6 (4) by adding at the end thereof the following new 7 subparagraphs: 8 (N) of the Department of Justice, the offices 9 of that Department referred to as (i) the 'Audit 10 Staff, Justice Management Division', (ii) the 'Policy 11 and Procedures Branch, Office of the Comptroller, 12 Immigration and Naturalization Service', the 'Office 13 of Professional Responsibility, Immigration and 14 Naturalization Service', and the 'Office of Program 15 Inspection, Immigration and Naturalization Service', 16 (iii) the 'Office of Internal Inspection, United 17 States Marshals Service', (iv) the 'Financial Audit 18 Section, Office of Financial Management, Bureau of 19 Prisons' and the 'Office of Inspections, Bureau of 20 Prisons', and (v) from the Drug Enforcement 21 Administration, the 'Office of Inspections', the 22 Office of Professional Responsibility', and that 23 portion of the Office of Planning and Evaluation 24 which is engaged in program review activities; 25 ''(0) of the Department of the Treasury, the im Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 4 1 offices of that Department referred to as the 'Office 2 of Inspector General', and, notwithstanding any other 3 provision of law, that portion of each of the offices 4 of that department referred to as the 'Office of 5 Internal Affairs, Bureau of Alcohol, Tobacco and 6 Firearms', the 'Office of Internal Affairs, Customs 7 Service', and that portion of the 'Office of 8 Inspections, Secret Service', which is engaged in 9 internal audit activities; 10 (? P) of the Federal Emergency Management Agency, 11 the office of that agency referred to as the 'Office 12 of Inspector General; 13 ? (Q) of the Department of Energy, the Office of 14 Inspector General (as established by section 208 of 15 the Department of Energy Organization Act); 16 (? R) of the Department of Health and Human 17 Services, the Office of Inspector General (as 18 established by title II of Public Law 94-505); and 19 (? S) of the Railroad Retirement Board, the 20 Office of Inspector General (as established by 21 section 23 of the Railroad Retirement Act of 22 1974);''. 23 (d) TECHNICAL AND CONFORMING AMENDMENTS.--(1) Section 24 5315 of title 5, United States Code, is amended by adding at 25 the end thereof the following new paragraphs: im Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 _ Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 1 2 3 5 ''Inspector General, ''Inspector General, 'Inspector General, Department of Justice. Department of the Treasury. Agency for International 4 Development. 5 Inspector General, Department of Commerce. 6 ''Inspector General, Department of the Interior. 7 ''Inspector General, Environmental Protection Agency. 8 Inspector General, Federal Emergency Management 9 Agency. 10 Inspector General, General Services Administration. 11 Inspector General, National Aeronautics and Space 12 Administration. -13 Inspector General, Small Business Administration. 14 ''Inspector General, Railroad Retirement Board.?. 15 (2) Section 5316 of such title is amended by striking out 16 each of the following paragraphs: 17 ''Inspector General, Agency for International ,. 18 Development. ; ?? ? ? 19 Inspector General, Department of Commerce. ; .. . ? 20 Inspector General, Department of the Interior. ; 21 and 22 ''Inspectorn General, Community Services 23 Administration. .. 24 Inspector Gencral, Env'ronmiznt=1- Protimr.tinnAnancv- . . ? ? 25 Inspector General, General Services Administration. hm Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 6 1 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 ?? ? SAC4054A 7 1 inserting after section 8A the following new section: 2 ?PROTECTIONS AND REQUIREMENTS FOR CERTAIN DESIGNATED FEDERAL 3 ENTITIES 4 ''SEC. 8B. (a) Not later than 180 days after the date of 5 enactment of this section, there shall be established in each 6 designated Federal entity an Office of Inspector General. The 7 head of the designated Federal entity shall transfer to such 8 Office the offices, units, or other components, and the 9 functions, powers, or duties thereof, that such head 10 determines are properly related to the functions of the 11 Office of Inspector General and would, if so transferred, 12 further the purposes of this section. There shall not be 1_3 transferred to such Office any program operating 14 responsibilities. 15 (b) Each Inspector General shall report to and be under 16 the general supervision of the head of the designated Federal . 17 entity involved, but shall not report to, or be subject to 18 supervision by, any other officer of such designated Federal 19 entity. The head of the designated Federal entity shall not 20 prevent or prohibit the Inspector General from initiating, 21 carrying out, or completing any audit or investigation, or 22 from issuing any subpoena during the course of any audit cr 23 investigation. ? ? 24 (c) Except as provided in subsection (g), the Inspector 25 General shall be appointed by the head of the designated g_ Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100-018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 8 1 Federal entity in accordance with the applicable laws and 2 regulations governing appointments within the designated 3 Federal entity. ? ? 4 (d) If the Inspector General is removed from office or 5 is transferred to another position or location, the head of 6 the designated Federal entity shall promptly communicate the 7 reasons for any such removal or transfer to each House of the 8 Congress. 9 (e)(1) Sections 4, 5, 6 (other than subsections (a)(7) 10 and (a)(8) thereof), and 7 of this Act shall apply to each 11 Inspector General and Office of Inspector General of a 12 designated Federal entity and such sections shall be applied 13 to each designated Federal entity and head of the designated 14 Federal entity (as such terms are defined in subsection (h)) 15 by substituting -- 16 ? (? A) 'designated Federal entity' for 17 'establishment; and 18 (? B) head of the designated Federal entity for 19 'head of the establishment'. 20 (2) In addition to the other authorities specified in 21 this Act, an Inspector General is authorized to select, 22 appoint, and employ such officers and employees as may be 23 necessary for carrying out the functions, powers, and duties 24 of the Office of Inspector General and to obtain the 25 temporary or intermittent services of experts or consultants Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100618-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 9 1 or an organization thereof, subject to the applicable laws 2 and regulations that govern such selections, appointments, 3 and employment, and the obtaining of such services, within 4 the designated Federal entity. 5 (f) Within one year after the date of enactment of this 6 section, and on October 31 of each succeeding calendar year, 7 the head of each Federal entity which is not a designated 8 Federal entity shall prepare and transmit to the Director of 9 the Office of Management and Budget and to each House of the 10 Congress a report which-- 11 (1) states whether there has been established in 12 the Federal entity an internal audit office that meets _13 the requirements of this section; '14 (2) specifies the actions taken by the Federal 15 entity otherwise to ensure that audits are conducted of a6 its programs and operations in accordance with the 17 standards for audit of governmental organizations, 18 programs, activities, and functions issued by the 19 Comptroller General of the United States, and includes a 20 list of each audit report completed by a Federal or 21 non-Federal auditor during the reporting period and a 22 summary of any particularly significant findings; and 23 (3) summarizes any matters relating to the 24 personnel, programs, and operations of the Federal entity 25 referred to prosecutive authorities, including a summary im Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 10 1 description of any preliminary 'investigation conducted by 2 or at the request of the Federal entity 'concerning these 3 matters, and the prosecutions and convictions which have 4 resulted. 5 (g) The Chief Postal Inspector of the United States 6 Postal Service shall also hold the position of Inspector 7 General of the United States Postal Service, and for purposes 8 of this section, shall report to, and be under the general 9 supervision of, the Postmaster General of the United States 10 Postal Service. The Chief Postal Inspector shall be appointed 11 by the Board of Governors of the United States Postal Service 12 and may be removed from office or transferred to another 13 position or location .within the United States Postal Service 14 by such Board. If the Chief Postal Inspector is removed or 15 transferred in accordance with this subsection, the Chairman 16 of the Board of Governors shall promptly notify each House of 17 the Congress of the reasons for such removal or transfer. 18 (h) Notwithstanding section 11 of this Act, as used in 19 this section-- ? 20 (1) the term Federal entity means any Government 21 corporation (within the meaning of section 103(1) of 22 title 5, United States Code), any Government controlled 23 corporation (within the meaning of section 103(2) of such 24 title), or any other entity in the Executive branch of 25 the Government, or any independent regulatory agency, but Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 11 1 does not include-- 2 (? A) an establishment (as defined in section 3 11(2) of this Act) or part of an establishment; 4 (? B) the Executive Office of the President; 5 (? C) the Central Intelligence Agency; 6 (? D) the General Accounting Office; or 7 ( Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 ??? SAC4054A 12 1 Endowment for the Arts, the National Endowment for the 2 Humanities, the National Labor Relations Board, the 3 National Science Foundation, the Nuclear Regulatory 4 Commission, the Office of Personnel Management, the 5 Panama Canal Commission, the Peace Corps, the Pension 6 Benefit Guaranty Corporation, the Securities and Exchange Commission, the Smithsonian Institution, the Tennessee 8 Valley Authority, the United States International Trade 9 Commission, and the United States Postal Service; 10 (? 3) the term head of'the Federal entity ? means the 11 director, administrator, president, chairman, or chief 12 executive officer of a Federal entity, or any other 13 person or persons designated by statute as the head of a 14 Federal entity; 15 (? 4) the term head of the designated Federal -16 entity means the director, administrator, president, 17 chairman, or chief executive officer of a designated 18 Federal entity, or any other person or persons designated 19 by statute as the head of a designated Federal entity; 20 (? 5) the term Office of Inspector General ? means an 21 Office of Inspector General of a designated Federal 22 entity; and 23 (? 6) the term ? Inspector General means an Inspector 24 General of a designated Federal entity.''. 25 SEC. 104. PROVISIONS TO ENSURE UNIFORMITY AND RELIABILITY OF Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 13 1 INSPECTOR GENERAL REPORTS. 2 (a) REPORT INFORMATION REQUIRED ON AUDITS.--Section 5(a) 3 of the Inspector General Act of 1978 is amended by striking 4 out "and'' at the end of paragraph (5) and by striking out 5 paragraph (6) and inserting in lieu thereof the following: 6 (6) a listing, subdivided according to subject 7 matter, of each audit report issued by the Office during 8 the reporting period, together with a summary of the 9 particularly significant reports and, where applicable, 10 the amounts of costs reported as ineligible costs and the 11 amounts of costs reported as unsupported costs, in each 12 such report; 13 (7) separate statistical tables depicting the .14 number of audit reports and, where applicable, amounts of 15 costs reported as ineligible costs and amounts of costs 16 reported as unsupported costs, such amounts agreed upon 17 in a management decision and added to accounts 18 receivable, amounts of funds recommended to be put to 19 better use and the amounts of such funds which agency 20 management has agreed should be put to better use, 21 concerning audit reports-- 22 (? A) on which no management decision has been 23 made by the beginning of the period, 24 (? B) which were issued during the reporting 25 period, on Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 14 1 (? C) on which a management decision was made 2 during the period, ? A 3 (D) on which no management decision has been 4 made by the end of the period, and 5 (? E) which were over six months old with no 6 management decision at the end of the period; 7 (8) a summary of each particularly significant 8 audit report issued before the commencement of the 9 reporting period for which a management decision was not 10 made within 6 months after the date of issuance of such 11 report, an explanation of the reason such management 12 decision was not made, and a statement as to the current 13 status of each such report; 14 (? 9) a description of, and explanation of the 15 reasons for, any significant revised management decision ?16 made during the reporting period; 17 (? 10) information concerning any significant 18 management decision with which the Inspector General is 19 in disagreement; and 20 (? 11) separate sections that include, with respect 21 to each audit and investigative office of the 22 establishment (other than audit or investigative offices 23 that conduct audits or investigations as an integral part 24 of a program of the establishment), the matters required 25 to be included under paragraphs (1) through (5) and (7) Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R00130010-0018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Ma. SAC4054A 15 1 through (10) of this subsection and a summary of the 2 particularly significant reports.... 3 (b) REPORT ON FINAL ACTION.--Section 5(b) of such Act is 4 amended-- .* PO 5 (1) by inserting ?(1) after (b) ; and 6 (2) by striking out ?containing any comments such 7 head deems appropriate,.. and inserting the following: 8 containing-- 9 ( Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 . ? SAC4054A 16 1 better use as a result of final action on a management 2 decision; concerning audit reports for which a management 3 decision had been made but on which final action-- ? ? 4 (i) had not been taken by the beginning of the 5 6 7 8 period, (? ii) was taken during the period, ''(iii) was pending at the end of the period, and (? iv) has not been taken within one year of the 9 date of the report. 10 (2) Within 60 days after the transmission of the 11 semiannual reports of each establishment head to the 12 Congress, the head of each establishment shall make copies of 13 such report available to the public upon request and at a 14 reasonable cost.''. 15 (c) CONFORMING AMENDMENT: DEFINITIONS.--Section 5 of such -16 Act is further amended by adding at the end thereof the 17 following new subsection: 18 (f) As used in this section-- 19 (1) the term 'ineligible .cost' means a cost that is 20 questioned by the Office because of an alleged violation 21 22 23 24 25 of a provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds; (2) the term unsupported cost means a cost that is questioned by the Office because the Office found Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 4???? SAC4054A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 that, at the time of the audit, such cost was not supported by adequate documentation; (3) the term management decision means the evaluation by the management of an establishment of the findings and recommendations included in an audit report and the issuance of a written final decision by management concerning its response, including actions concluded to be necessary, to such findings and recommendations. (4) the term 'final acti on means the completion of all actions that the management of an establishment has concluded, in its management decision, are necessary with respect to the findings and recommendations included in an. audit report, and, in the event that agency management concludes no corrective action is necessary, final action occurs when a management decision has been reached.?. SEC. 105. OATH ADMINISTRATION AUTHORITY. Section 6(a) of the Inspector General Act of 1978 is. amended-- (1) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively, and (2) by inserting after paragraph (4) the following new paragraph: ? ? (5) to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 18 1 the performance of the functions assigned by this Act, 2 which oath, affirmation, or affidavit when administered 3 or taken by or before an employee of an Office of 4 Inspector General designated by the Inspector General shall have the same force and effect as if administered 6 or taken by or before an officer having a seal:? SEC. 106. EXTERNAL REVIEWS. 8 Section 4(b) of the Inspector General Act of 1978 is 9 amended-- 10 (1) by redesignating paragraphs (1), (2), and (3) as 11 subparagraphs (A), (B), and (C), respectively; 12 (2) by inserting ??(1)'' after ''(b)''; and 13 (3) by adding at the end the following: 14 (2) For purposes of determining compliance with 15 paragraph (1)(A) with respect to whether internal quality 16 controls are in place and operating and whether established 17 audit standards, policies, and procedures are being followed 18 by Offices of Inspector General and internal audit offices 19 described in section 8B(f)(1), reviews shall be performed 20 exclusively by an audit entity in the Federal Government, 21 including the General Accounting Office or another Office of 22 Inspector General.''. 23 SEC. 107. REPORT ON IMPLEMENTATION. 24 Within one year after the date of enactment of this Act, 25 the head of each designated Federal entity (as such term is Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 4. SAC4054A 19 1 defined in section 83(h) of the Inspector General Act of 2 1978) shall submit to the Director of the.Office of 3 Management and Budget and to each House of the Congress a 4 report on the status of the implementation by that agency of 5 the requirements of section 83 of such Act. Such report shall 6 identify any area or areas in which implementation is not 7 complete and describe the reasons for that failure. 8 SEC. 108. PAYMENT AUTHORITY SUBJECT TO APPROPRIATIONS. 9 Any authority to make payments under this Act shall be 10 effective only to such extent as provided in appropriations 11 Acts. 12 SEC. 109. APPROPRIATION ACCOUNTS. 13 Section 1105(a)(25) of title 31, United States Code, is . 14 amended to read as follows: 15 (25) a separate appropriation account for 16 appropriations for each Office of Inspector General 17 established by the Inspector General Act of 1978.?. 18 SEC. 110. DISCLOSURE OF TAX RETURNS AND RETURN INFORMATION 19 Section 5(e)(3) of the Inspector General Act of 1978 is 20 amended by striking out ?Nothing? in the first sentence and 21 inserting in lieu thereof ?Except to the extent provided in 22 section 6103(f) of the Internal Revenue Code of 1986, 23 nothing''. 24 SEC. 111. EFFECTIVE DATE. 25 This title and the amendments made by this title shall im Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 1 2 3 4 5 6 7 8 9 10 20 take effect 180 days after the date of enactment of this Act. TITLE II--GOVERNMENT PRINTING OFFICE INSPECTOR GENERAL SEC. 201. SHORT TITLE. This Act may be cited as the Government Printing Office Inspector General Act of 1988. SEC. 202. OFFICE OF INSPECTOR GENERAL. Title 44 of the United States Code is amended by adding at the end the following new chapter: ? ? CHAPTER 39--GOVERNMENT PRINTING OFFICE: OFFICE OF INSPECTOR 'GENERAL ? . Sec. ? ? 3901. ? ? 3902. ? ? 3903. ? ? 11 53901. 12 13 14 office-- 15 16 17 Office; 18 19 20 21 Purpose and establishment General. Appointment of Inspector removal. Duties, responsibilities, the Inspector General. ? ? In and Office of Inspector General; supervision; authority, and reports of Purpose and establishment and Office of Inspector General order to create an independent and objective (1) to conduct and supervise audits and investigations relating to the Government Printing (2) to provide leadership and coordination and recommend policies to promote economy, efficiency, and effectiveness; and (3) to provide a means of keeping the Public Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 21 1 Printer and the Congress fully and currently informed 2 about problems and deficiencies relating to the 3 administration and operations of the Government Printing 4 Office; 5 there is hereby established an Office of Inspector General in 6 the Government Printing Office. 7 S3902. Appointment of Inspector General; supervision; 8 removal 9 ''(a) APPOINTMENT OF INSPECTOR GENERAL.--There shall be 10 at the head of the Office of Inspector General, an Inspector 11 General who shall be appointed by the Public Printer without 12 regard to political affiliation and solely on the basis of .13 integrity and demonstrated ability in accounting, auditing, .14 financial analysis, law, management analysis, public 15 administration, or investigations. The Inspector General 16 shall report to, and be under the general supervision of, the 17 Public Printer. The Public Printer shall have no authority to 18 prevent or prohibit the Inspector General from initiating, 19 carrying out, or completing any audit or investigation, or 20 from issuing any subpoena during the course of any audit or 21 investigation. 22 (b) REMOVAL.--The Inspector General may be-removed from 23 office by the Public Printer. The Public Printer shall, 24 promptly after such removal, communicate in writing the 25 reasons for any such removal to each House of the Congress. Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 22 1 53903. Duties, responsibilities, authority, and reports of 2 the Inspector General 3 (a) Sections 4, 5, 6 (other than subsection (a)(7) 4 thereof), and 7 of the Inspector General Act of 1978 (5 5 U.S.C. App.) shall apply to the Inspector General of the 6 Government Printing Office and the Office of such Inspector 7 General and shall be applied to the Government Printing 8 Office and the Public Printer by substituting .? . 9 (1) Government Printing Office ? for .16 'establishment? ; and .11 (2) Public Printer ? for head of the 12 establishment'. 13 (b) The Inspector General, in carrying out the 14 provisions of this chapter, is authorized to select, appoint, 15 and employ such officers and employees as may be necessary 16 for carrying out the functions, powers, and duties of the 17 Office of Inspector General subject to the provisions of this 18 title governing appointments and employment in the Government 19 Printing Office.''. 20 SEC. 203. AMENDMENT TO TABLE OF CHAPTERS. 21 The table of chapters for title 44, United States Code, 22 is amended by adding at the end the following new item: 39. Government Printing Office: Office of Inspector General 3901 23 SEC. 204. EFFECTIVE DATE. Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3 SAC4054A 23 1 The provisions of this title and the amendments made by 2 this title shall take effect 180 days after the date of 3 enactment of this Act. iDeclassified in Part - Sanitized Copy Approved for Release 2012/09/25: CIA-RDP90M00005R001300100018-3