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(2) establish guidelines for determining when it shall be appropriate to use non-Federal auditors; and
(3) take appropriate steps to assure that any work performed by non-Federal auditors complies with the standards established by the Comptroller General as described in paragraph
(1). (c) In carrying out the duties and responsibilities established under this Act, each 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.
(d) In carrying out the duties and responsibilities established under this Act, each Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has resonable grounds to believe there has been a violation of Federal criminal law.
Sec. 5. (a) Each Inspector General shall, not later than April 30 and October 31 of each year, prepare seminannual reports summarizing the activities of the Office during the immediate preceeding six-month periods ending March 31 and September 30. Such reports shall include, but need not be limited to,
(1) a description of significant problems, abuses, and definiencies relating to the administration of programs and operations of such establishment disclosed by such activities during the reporting period;
(2) 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 pursuant to paragraph (1);
(3) an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed;
(4) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted;
(5) a summary of each report made to the head of the establishment under section 6(b)2) during the reporting period; and
(6) a listing of each audit report completed by the Office during the reporting peroid. (b) Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved not later than April 30 and October 31 of each year and shall be transmitted by such head to the appropriate committees or subcommittees of the Congress within thirty days after receipt of the report, together with a report by the head of the establishment containing any comments such head deems appropriate.
(c) Within sixty days of the transmission of the semiannual reports of each Inspector General to the Congress, the head of each establishment shall make copies of such report available to the public upon request and at a reasonable cost.
(d) Each Inspector General shall report immediately to the head of the establishment involved whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and oper. ations of such establishment. The head of the establishment shall transmit any such report to the appropriate committees or subcommittees of Congress within seven calendar days together with a report by the head of the establishment containing any comments such head deems appropriate.
AUTHORITY; ADMINISTRATION PROVISIONS Sec. 6. (a) In addition to the authority otherwise provided by this Act, each Inspector General, in carrying 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 establishment which relate to programs and operations with respect to which that Inspector General has responsibilities under this Act;
(2) to make such investigations and reporting relating to the administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector General, necessary or desirable.
(3) to 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:
(4) to require by subpena 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 subpena, in the case of contumacy or refusal to obey, shall be enforcable by order of any approporiate United States District court: Provided, That procedures other than subpenas shall be used by the Inspector General to obtain documents and information from Federal agencies;
(5) to have direct and prompt access to the head of the establishment involved when necessary for any purpose pertaining to the performance of functions and responsibilities under this Act:
(6) to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates;
(7) to obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5, United States Code; and
(8) to 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 pro
visions of this Act. (bX1) Upon request of an Inspector General for information or assistance under subsection (a)(3), the head of any Federal agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Federal agency from which the information is requested, furnish to such Inspector General, or to an authorized designee, such information or assistance.
(2) Whenever information or assistance requested under subsection (aX1) or (aX3) is, in the judgment of an Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the head of the establishment involved without delay.
(c) Each head of an establishment shall provide the Office within such establishment with appropriate and adequate office space at central and field office locations of such establishment, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein
SEC. 7. (a) The Inspector General may receive and investigate complaints or information from an employee of the establishment concerning the possible existence of an acitivity 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.
(b) The Inspector General shall not, after 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) Any employee 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 as a reprisal for making a complaint or disclosing information to an 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.
TRANSFER OF FUNCTIONS
Sec. 9. (a) There shall be transferred-
(A) of the Department of Agriculture, the offices of that department referred to as the "Office of Investigation" and the “Office of Audit”;
(B) of the Department of Commerce, the offices of that department referred to as the "Office of Audits" and the “Investigations and Inspections Staff” and that portion of the office referred to as the "Office of Investigations and Security" which has responsibility for investigation of alleged criminal violations and program abuse;
(C) of the Department of Housing and Urban Develop ment, the office of that department referred to as the "Office of Inspector General";
(D) of the Department of the Interior, the office of that department referred to as the "Office of Audit and Investigation";
(E) of the Department of Labor, the office of that department referred to as the "Office of Special Investigations";
(F) of the Department of Transportation, the offices of that department referred to as the "Office of Investigations and Security” and the "Office of Audit” of the De partment, the "Offices of Investigations and Security, Federal Aviation Administration", and "External Audit Divisions, Federal Aviation Administration”, the “Investigations Division and The External Audit Division of the Office of Program Review and Investigation, Federal Highway Administration", and the "Office of Program Audits, Urban Mass Transportation Administration";
(G) of the Community Services Administration, the offices of that agency referred to as the “Inspections Division”, the “External Audit Division", and the "Internal Audit Division";
(H) of the Environmental Protection Agency, the offices of the agency referred to as the "Office of Audit" and the “Security and Inspection Division";
(I) of the General Services Administration, the offices of that agency referred to as the "Office of Audits" and the "Office of Investigations”;
(J) of the National Aeronautics and Space Administration, the offices of that agency referred to as the “Management Audit Office" and the "Office of Inspections and Security”;
(K) of the Small Business Administration, the office of that agency referred to as the “Office of Audits and Investigations"; and
(L) of the Veterans' Administration, the offices of that agency referred to as the "Office of Audits" and the
"Office of Investigations”; and (2) such other offices or agencies, or functions, powers, or duties thereof, as the head of the establishment involved may determine are properly related to the functions of the Office
and would, if so transferred, further the purposes of this Act, except that there shall not be transferred to an Inspector General under paragraph (2) program operating responsibilities.
(b) The personnel, asset, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of any office or agency the functions, powers, and duties of which are transferred under subsection (a) are hereby transferred to the applicable Office of Inspector General.
(c) Personnel transferred pursuant to subsection (b) shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions except that the classification and compensation of such personnel shall not be reduced for one year after such transfer
(d) In any case where all the functions, powers, and duties of any office or agency are transferred pursuant to this subsection, such office or agency shall lapse. Any person who, on the effective date of this Act, held a position compensated in accordance with the General Schedule, and who, without a break in service, is appointed in an Office of Inspector General to a position having duties comparable to those performed immediately preceding such appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of service in the new position.
CONFORMING AND TECHNICAL AMENDMENTS SEC. 10. (a) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new paragraphs:
"(122) Inspector General, Department of Health, Education, and Welfare.
"(123) Inspector General, Department of Agriculture.
“(124) Inspector General, Department of Housing and Urban Development.
"(125) Inspector General, Department of Labor.
“(127) Inspector General, Veterans' Administration.”. (b) Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following new paragraphs:
"(144) Deputy Inspector General, Department of Health, Education, and Welfare.
“(145) Inspector General, Department of Commerce.
“(147) Inspector General, Community Services Administration.
"(148) Inspector General, Environmental Protection Agency. "(149) Inspector General, General Services Administration.
"(150) Inspector General, National Aeronautics and Space Administration.
"(151) Inspector General, Small Business Administration.". (c) Section 202(e) of the Act of October 15, 1976 (Public Law 94505, 42 U.S.C. 3522), is amended by striking out "section 6(a)(1)” and "section 6(aX2)” and inserting in lieu thereof "section 206(aX1)” and “section 206(a)(2)", respectively.
DEFINITIONS SEC. 11. As used in this Act
(1) the term "head of the establishment” means the Secretary of Agriculture, Commerce, Housing and Urban Development, the Interior, Labor, or Transportation or the Administrator of Community Services Environmental Protection, General Services, National Aeronautics and Space, Small Business, or Veterans Affairs, as the case may be;