Sec. 202. Establishment and management of the Office of the United States Inspector General for Contributions to the United Nations System
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The purpose of this section is to make possible the independent and objective conduct of audits and investigations relating to United States contributions to the United Nations system and the use of those contributions by United Nations entities, in an effort to eliminate and deter waste, fraud, and abuse in the use of those contributions, and thereby to contribute to the development of greater transparency, accountability, and internal controls throughout the United Nations system.
There is hereby established the Office of the United States Inspector General for Contributions to the United Nations System. The head of the Office of the United States Inspector General for Contributions to the United Nations System is the Inspector General for Contributions to the United Nations System, who shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.
The nomination of an individual as Inspector General shall be made not later than 30 days after the enactment of this Act. The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
Except as provided in subparagraph (B), the Inspector General shall report directly to and be under the general supervision of, the Board of Directors established under subsection (d). Neither the Board, any officer of the Board, nor any officer of a Federal department or agency shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. The Inspector General shall carry out the following duties: In accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C.
App.), conducting, supervising, and coordinating audits and investigations of— the treatment, handling, expenditure, and use of United States contributions by and to United Nations entities; and the adequacy of accounting, oversight, and internal control mechanisms at United Nations entities that receive United States contributions. In accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.), establishing, maintaining, and overseeing such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duty under subparagraph (A).
Collecting and maintaining current records regarding transparency certifications by all United Nations entities that receive United States contributions. Keeping the Board of Directors and Congress fully and promptly informed of how United Nations entities are spending United States contributions by means of reports, testimony, and briefings. Promptly reporting to the United States Attorney General when Inspector General has reasonable grounds to believe a United States Federal criminal law has been violated by a United Nations entity or one of its employees, contractors, or representatives.
Promptly reporting, when appropriate, to the Secretary-General or the head of the appropriate United Nations entity cases where the Inspector General reasonably believes that mismanagement, misfeasance, or malfeasance is likely to have taken place within a United Nations entity and disciplinary proceedings are likely justified. The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General.
The Inspector General may 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–15 of the General Schedule by section 5332 of such title. The Inspector General may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out this section. To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General my enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General.
Upon request by the Inspector General, the head of a Federal agency may detail any employee of such agency to the Office of the United States Inspector General for Contributions to the United Nations System on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee's allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed. In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall receive the cooperation of inspectors general of other Federal Government agencies.
Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee. Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Board of Directors and to the appropriate congressional committees without delay.
Whenever information or assistance requested from a United Nations entity by the Inspector General pursuant to a transparency certification is, in the opinion of the Inspector General, unreasonably refused or not provided in a timely manner, the Inspector General shall notify the Board of Directors, the head of that particular United Nations entity, and the United Nations Secretary-General of the circumstances in writing, without delay. If and when the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph
(A)is provided to the satisfaction of the Inspector General, the Inspector General shall so notify in writing the United Nations entity, the Board of Directors, and the appropriate congressional committees. If the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph
(A)is not provided to the satisfaction of the Inspector General within 90 days of that notification, then the United Nations entity that is the subject of the notification is deemed to be noncompliant with its transparency certification, and the Inspector General shall provide prompt, written notification of that fact to the Board of Directors, the appropriate congressional committees, the head of that United Nations entity, the United Nations Secretary-General, and any office or agency of the Federal Government that has provided that United Nations entity with any United States contribution during the prior two years. A finding of transparency certification noncompliance pursuant to subparagraph
(C)may be reversed by an affirmative vote of at least 5 of the 7 members of the Board of Directors if the Board finds that the entity has satisfactorily resolved the noncompliance issue. The Board shall promptly provide notification of such restoration, along with a description of the basis for the Board's decision, to the Inspector General, the appropriate congressional committees, the head of the affected United Nations entity, the United Nations Secretary-General, and the head of any office or agency of the Federal Government that has provided that United Nations entity with any United States contribution during the prior two years. The Inspector General may reimburse United Nations entities for the reasonable cost of providing to the Inspector General information or assistance sought pursuant to a transparency certification. Promptly upon completion, the Inspector General shall provide copies of each audit and investigation report completed pursuant to paragraph
(6)to the Board of Directors, the appropriate congressional committees, and, to the extent permissible under United States law, the head of each United Nations entity that is the subject of that particular report. Not later than May 30, 2014, and semiannually thereafter, the Inspector General shall submit to the appropriate congressional committees a report that, among other things— meets the requirements of section 5 of the Inspector General Act of 1978; and includes a list of and detailed description of the circumstances surrounding any notification of noncompliance issued pursuant to paragraph (9)(C) during the covered timeframe, and whether and when the Board of Directors has reversed such finding of noncompliance. Nothing in this subsection shall be construed to authorize the public disclosure of information that is— specifically prohibited from disclosure by any other provision of law; 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 affairs; or a part of an ongoing criminal investigation. The Inspector General shall exempt from public disclosure information received from a United Nations entity or developed during an audit or investigation that the Inspector General believes— constitutes a trade secret or privileged and confidential personal financial information; accuses a particular person of a crime; would, if publicly disclosed, constitute a clearly unwarranted invasion of personal privacy; or would compromise an ongoing law enforcement investigation or judicial trial in the United States. Subject only to the exceptions detailed in subparagraphs
(C)and (D), the Inspector General shall promptly publish each report under this subsection on a publicly available and searchable Internet website. The Office of the United States Inspector General for Contributions to the United Nations System shall have a Board of Directors. The Board shall receive information and reports of audits and investigations from the Office and the Inspector General, provide general direction and supervision to the Office and the Inspector General, and determine the restoration of compliance by any United Nations entity with a transparency certification pursuant to subsection (c)(9)(D). The Board shall consist of the Secretary of State (or the Secretary's designee), the Secretary of Labor (or the Secretary's designee), the Secretary of Agriculture (or the Secretary's designee), the Secretary of Defense (or the Secretary's designee), the Administrator of the Environmental Protection Agency (or the Administrator's designee), the Secretary of the Treasury (or the Secretary's designee), and the Director of the Office of Management and Budget (or the Director's designee). The Board shall be chaired by a board member, and the chairmanship shall rotate among the member departments and agencies on an annual basis. The first chair shall be the Director of the Office of Management and Budget (or such designee of the Director serving on the Board).