,,ii #aacth ,,congress #ast ,session ,s4 #hjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bd1 #bjac ,mrs4 ,mc,caskill introduced the following bill2 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 ,senate4 #a4 ,office of the ,inspector ,general of the ,senate 7a7 ,definitions ,in this section3 7#a7 ,committee ,the term ,committee means the ,committee on ,rules and ,administration of the ,senate4 7#b7 ,employee of the ,senate ,the term employee of the ,senate means an employee whose pay is disbursed by the ,secretary of the ,senate4 7#c7 ,inspector ,general ,the term ,inspector ,general means the ,inspector ,general of the ,senate4 7#d7 ,office ,the term ,office means the ,office of the ,inspector ,general of the ,senate4 7b7 ,establishment of office ,there is established the ,office of the ,inspector ,general of the ,senate within the ,senate4 ,the ,office shall be headed by the ,inspector ,general of the ,senate4 7c7 ,inspector ,general 7#a7 ,appointment 7,a7 ,in general ,the ,inspector ,general shall be appointed by1 and under the general supervision of the majority leader and the minority leader of the ,senate1 acting jointly4 ,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 accounting1 auditing1 financial analysis1 law1 management analysis1 public administration1 or investigations4 ,the ,inspector ,general shall be subject to the policy direction and oversight of the ,committee4 7,b7 ,initial appointment ,not later than ,january #a1 #bjad1 the majority leader and the minority leader of the ,senate shall appoint the first ,inspector ,general under this section4 7#b7 ,term of service ,the ,inspector ,general shall serve for a term of #e years1 and an individual serving as ,inspector ,general may be reappointed for not more than #b additional terms4 7#c7 ,removal ,the ,inspector ,general may be removed from office before the expiration of a term only by a #b_/c majority vote of the ,committee1 in consultation with the majority leader and the minority leader of the ,senate and the ,committee on ,appropriations4 7#d7 ,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 #aje7;e7 of the ,legislative ,branch ,appropriations ,act1 #aifh 7#b ,u4,s4,c4 #fa-a7;e774 7d7 ,duties 7#a7 ,in general ,it shall be the duty and responsibility of the ,inspector ,general to-- 7,a7 provide policy direction for and to conduct1 supervise1 and coordinate audits and investigations relating to the programs and operations of the ,senate2 7,b7 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 7e7 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 operations2 7,c7 recommend policies for1 and to conduct1 supervise1 or coordinate other activities carried out or financed by the ,senate for the purpose of promoting economy and efficiency in the administration of1 or preventing and detecting fraud and abuse in1 its programs and operations2 7,d7 recommend policies for1 and to conduct1 supervise1 or coordinate relationships within the ,senate with respect to-- 7i7 all matters relating to the promotion of economy and efficiency in the administration of1 or the prevention and detection of fraud and abuse in1 programs and operations administered or financed by the ,senate2 or 7ii7 the identification and prosecution of participants in such fraud or abuse2 and 7,e7 keep the ,committee and the ,committee on ,appropriations fully and currently informed1 by means of the reports required by subsection 7e7 and otherwise1 concerning fraud and other serious problems1 abuses1 and deficiencies relating to the administration of programs and operations administered or financed by the ,senate1 to recommend corrective action concerning such problems1 abuses1 and deficiencies1 and to report on the progress made in implementing such corrective action4 7#b7 ,administration 7,a7 ,in general ,in carrying out the responsibilities specified in paragraph 7#a77;,a71 the ,inspector ,general shall-- 7i7 comply with standards established by the ,comptroller ,general of the ,united ,states for audits of ,federal establishments1 organizations1 programs1 activities1 and functions2 7ii7 establish guidelines for determining when it shall be appropriate to use non-,federal auditors2 and 7iii7 take appropriate steps to ensure that any work performed by non-,federal auditors complies with the standards established by the ,comptroller ,general described under clause 7i74 7,b7 ,compliance ,for purposes of determining compliance with subparagraph 7,a77i7 with respect to whether internal quality controls are in place and operating and whether established audit standards1 policies1 and procedures are being followed by the ,office1 reviews shall be performed exclusively by an audit entity in the ,federal ,government1 including the ,government ,accountability ,office4 7#c7 ,coordination and cooperation ,in carrying out the duties and responsibilities established under this section1 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 cooperation4 7#d7 ,reports to ,attorney ,general ,in carrying out the duties and responsibilities established under this section1 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 law4 7e7 ,semiannual reports 7#a7 ,definitions ,in this subsection-- 7,a7 the term disallowed cost means a questioned cost that management1 in a management decision1 has sustained or agreed should not be charged to the ,government2 7,b7 the term final action means-- 7i7 the completion of all actions that the management of a ,senate operation or program has concluded1 in its management decision1 are necessary with respect to the findings and recommendations included in an audit report2 and 7ii7 in the event that the management of a ,senate operation or program concludes no action is necessary1 final action occurs when a management decision has been made2 7,c7 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 recommendations1 including actions concluded to be necessary2 7,d7 the term questioned cost means a cost that is questioned by the ,office because of-- 7i7 an alleged violation of a provision of a law1 regulation1 contract1 grant1 cooperative agreement1 or other agreement or document governing the expenditure of funds2 7ii7 a finding that1 at the time of the audit1 such cost is not supported by adequate documentation2 or 7iii7 a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable2 7,e7 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 recommendation1 including-- 7i7 reductions in outlays2 7ii7 deobligation of funds from programs or operations2 7iii7 withdrawal of interest subsidy costs on loans or loan guarantees1 insurance1 or bonds2 7iv7 costs not incurred by implementing recommended improvements related to the operations of the program or operation1 a contractor or grantee2 7v7 avoidance of unnecessary expenditures noted in preaward reviews of contract or grant agreements2 or 7vi7 any other savings which are specifically identified2 and 7,f7 the term unsupported cost means a cost that is questioned by the ,office because the ,office found that1 at the time of the audit1 such cost is not supported by adequate documentation4 7#b7 ,in general ,not later than ,april #cj and ,october #ca of each year1 the ,inspector ,general shall prepare semiannual reports summarizing the activities of the ,office during the immediately preceding #f-month periods ending ,march #ca and ,september #cj4 ,such reports shall include-- 7,a7 a description of significant problems1 abuses1 and deficiencies relating to the administration of programs and operations of the ,senate disclosed by such activities during the reporting period2 7,b7 a description of the recommendations for corrective action made by the ,office during the reporting period with respect to significant problems1 abuses1 or deficiencies identified under subparagraph 7,a72 7,c7 an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed2 7,d7 a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted2 7,e7 a listing1 subdivided according to subject matter1 of each audit report issued by the ,office during the reporting period and for each audit report1 where applicable1 the total dollar value of questioned costs 7including a separate category for the dollar value of unsupported costs7 and the dollar value of recommendations that funds be put to better use2 7,f7 a summary of each particularly significant report2 7,g7 statistical tables showing the total number of audit reports and the total dollar value of questioned costs 7including a separate category for the dollar value of unsupported costs71 for audit reports-- 7i7 for which no management decision had been made by the commencement of the reporting period2 7ii7 which were issued during the reporting period2 7iii7 for which a management decision was made during the reporting period1 including-- 7,i7 the dollar value of disallowed costs2 and 7,,ii7 the dollar value of costs not disallowed2 and 7iv7 for which no management decision has been made by the end of the reporting period2 7,h7 statistical tables showing the total number of audit reports and the dollar value of recommendations that funds be put to better use by management1 for audit reports-- 7i7 for which no management decision had been made by the commencement of the reporting period2 7ii7 which were issued during the reporting period2 7iii7 for which a management decision was made during the reporting period1 including-- 7,i7 the dollar value of recommendations that were agreed to by management2 and 7,,ii7 the dollar value of recommendations that were not agreed to by management2 and 7iv7 for which no management decision has been made by the end of the reporting period2 7,i7 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 7including the date and title of each such report71 an explanation of the reasons such management decision has not been made1 and a statement concerning the desired timetable for achieving a management decision on each such report2 7,j7 a description and explanation of the reasons for any significant revised management decision made during the reporting period2 and 7,k7 information concerning any significant management decision with which the ,inspector ,general is in disagreement4 7#c7 ,comments ,thirty days before the submission of a semiannual report under paragraph 7#b71 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 reports1 final actions1 management decisions1 disallowed costs recovered or unrecovered1 and any recommendations that funds be put to better use4 7#d7 ,public availability ,within #fj days after the transmission of a semiannual report1 the ,inspector ,general shall make copies of such report available to the public upon request and at a reasonable cost4 7#e7 ,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 problems1 abuses1 or deficiencies relating to the administration of ,senate programs and operations4 7#f7 ,public disclosures of information 7,a7 ,in general ,nothing in this subsection shall be construed to authorize the public disclosure of information which is-- 7i7 specifically prohibited from disclosure by any other provision of law2 7ii7 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 affairs2 or 7iii7 a part of an ongoing criminal investigation4 7,b7 ,exception ,notwithstanding paragraph 7,a77iii71 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 record4 7,c7 ,no withholding of information from committees ,except to the extent and in the manner provided under section #fajc7;f7 of the ,internal ,revenue ,code of #aihf1 nothing in this subsection or in any other provision of this section shall be construed to authorize or permit the withholding of information from the ,committee or ,committee on ,appropriations4 7f7 ,website 7#a7 ,in general ,the ,office shall establish and maintain a website4 7#b7 ,requirements for the ,office website 7,a7 ,posting of reports and audits ,the ,inspector ,general shall-- 7i7 not later than #c days after any report or audit 7or portion of any report or audit7 is made publicly available1 post that report or audit 7or portion of that report or audit7 on the website of the ,office2 and 7ii7 ensure that any posted report or audit 7or portion of that report or audit7 described under clause 7i7-- 7,i7 is easily accessible from a direct link on the homepage of the website of the ,office2 7,,ii7 includes a summary of the findings of the ,inspector ,general2 and 7,,iii7 is in a format that-- 7aa7 is searchable and downloadable2 and 7bb7 facilitates printing by individuals of the public accessing the website4 7,b7 ,reporting of fraud1 waste1 and abuse 7i7 ,in general ,the ,inspector ,general shall establish and maintain a direct link on the homepage of the website for individuals to report fraud1 waste1 and abuse4 ,individuals reporting fraud1 waste1 or abuse using the direct link established under this subparagraph shall not be required to provide personally identifying information relating to that individual4 7ii7 ,anonymity ,the ,inspector ,general shall not disclose the identity of any individual making a report under this subparagraph without the consent of the individual1 unless the ,inspector ,general determines that such a disclosure is unavoidable during the course of the investigation4 7g7 ,investigation of complaints of employees and members 7#a7 ,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 law1 rules1 or regulations1 or mismanagement1 gross waste of funds1 abuse of authority1 or a substantial and specific danger to the public health and safety1 including complaints or other relative information4 7#b7 ,nondisclosure ,the ,inspector ,general shall not1 after receipt of a complaint or information from an employee of the ,senate or a ,senator1 disclose the identity of the employee or ,senator without the consent of the employee or ,senator1 unless required by law or the ,inspector ,general determines such disclosure is otherwise unavoidable during the course of the investigation4 7#c7 ,prohibiting retaliation ,an employee of the ,senate or ,senator who has authority to take1 direct others to take1 recommend1 or approve any personnel action1 shall not1 with respect to such authority1 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 ,general1 unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity4 7#d7 ,independence in carrying out duties ,a ,senator or an employee of the ,senate1 including the majority leader or minority leader of the ,senate1 or the ,committee1 may not prevent or prohibit the ,inspector ,general from carrying out any of the duties or responsibilities assigned to the ,inspector ,general under this section4 7h7 ,powers 7#a7 ,in general ,in addition to the authority otherwise provided by this section1 the ,inspector ,general in carrying out the provisions of this section1 is authorized to-- 7,a7 have access to all records1 reports1 audits1 reviews1 documents1 papers1 recommendations1 or other material available which relate to ,senate programs and operations with respect to which the ,inspector ,general has responsibilities under this section2 7,b7 make such investigations and reports relating to the administration of the ,senate programs and operations1 in the judgment of the ,inspector ,general1 necessary or desirable2 7,c7 request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this section from any ,federal1 ,state1 or local governmental agency or unit thereof2 7,d7 require by subpoena the production of all information1 documents1 reports1 answers1 records1 accounts1 papers1 and other data and documentary evidence necessary in the performance of the functions assigned by this section1 which subpoena1 in the case of contumacy or refusal to obey1 shall be enforceable by order of any appropriate ,united ,states district court1 except that procedures other than subpoenas shall be used by the ,inspector ,general to obtain documents and information from ,senate programs and operations2 7,e7 administer to or take from any person an oath1 affirmation1 or affidavit1 whenever necessary in the performance of the functions assigned by this section1 which oath1 affirmation1 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 seal2 7,f7 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 section2 and 7,g7 to the extent and in such amounts as may be provided in advance by appropriations ,acts1 enter into contracts and other arrangements for audits1 studies1 analyses1 and other services with public agencies and with private persons1 and to make such payments as may be necessary to carry out the provisions of this section4 7#b7 ,staff 7,a7 ,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 ,committee1 except that no personnel of the ,office 7other than the ,inspector ,general7 may be paid at an annual rate greater than #ejj less than the annual rate of pay of the ,inspector ,general under subsection 7c77#d74 7,b7 ,experts and consultants ,in carrying out the functions of the ,office1 the ,inspector ,general may procure the temporary 7not to exceed #a year7 or intermittent services of individual consultants1 or organizations thereof1 in the same manner and under the same conditions as a standing committee of the ,senate may procure such services under section #bjb7;i7 of the ,legislative ,reorganization ,act of #aidf 7#b ,u4,s4,c4 #gb;a7i774 7,c7 ,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 ,general1 or provides services procured by the ,inspector ,general1 under this paragraph4 ,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 section4 7#c7 ,equipment and supplies ,the ,committee shall provide the ,office with appropriate and adequate office space1 together with such equipment1 supplies1 and communications facilities and services as determined by the ,inspector ,general to be necessary for the operation of the ,office1 and shall provide necessary maintenance services for such office space and the equipment and facilities located therein4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #d1jjj1jjj for fiscal year #bjad4 7j7 ,effective date ,this section shall take effect on ,october #a1 #bjac4