Sec. 303. REVISIONS TO POWERS AND DUTIES OF INSPECTOR GENERAL OF DISTRICT OF COLUMBIA

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## SEC. 303 REVISIONS TO POWERS AND DUTIES OF INSPECTOR GENERAL OF DISTRICT OF COLUMBIA ###

(a)Appointment and Term of Service; Independence of Budget Section 208(a) of the District of Columbia Procurement Practices Act of 1985 (sec. 1–1182.8(a), D.C. Code) is amended by striking paragraphs

(1)and

(2)and inserting the following: > > #### “(1) > > > #####

(A)> > There is created within the executive branch of the government of the District of Columbia the Office of the Inspector General. The Office shall be headed by an Inspector General appointed pursuant to subparagraph (B), who shall serve for a term of 6 years and shall be subject to removal only for cause by the Mayor (with the approval of the District of Columbia Financial Responsibility and Management Assistance Authority in a control year) or (in the case of a control year) by the Authority. The Inspector General may be reappointed for additional terms. > > > ##### “(B) > > During a control year, the Inspector General shall be appointed by the Mayor as follows: > > > ###### “(i) > > Prior to the appointment of the Inspector General, the Authority may submit recommendations for the appointment to the Mayor. > > > ###### “(ii) > > In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination. > > > ###### “(iii) > > After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under clause (ii), the Mayor shall notify the Authority of the nomination. > > > ###### “(iv) > > The nomination shall be effective subject to approval by a majority vote of the Authority. > > > ##### “(C) > > During a year which is not a control year, the Inspector General shall be appointed by the Mayor with the advice and consent of the Council. Prior to appointment, the Authority may submit recommendations for the appointment. > > > ##### “(D) > > The Inspector General shall be appointed without regard to party affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial management analysis, public administration, or investigations. > > > ##### “(E) > > The Inspector General shall be paid at an annual rate determined by the Mayor, except that such rate may not exceed the rate of basic pay payable for level IV of the Executive Schedule. > > > #### “(2) > > The annual budget for the Office shall be adopted as follows: > > > ##### “(A) > > The Inspector General shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of title IV of the District of Columbia Self-Government and Governmental Reorganization Act for the year, annual estimates of the expenditures and appropriations necessary for the operation of the Office for the year. All such estimates shall be forwarded by the Mayor to the Council of the District of Columbia for its action pursuant to sections 446 and 603(c) of such Act, without revision but subject to recommendations. Notwithstanding any other provision of such Act, the Council may comment or make recommendations concerning such estimates, but shall have no authority to revise such estimates. > > > ##### “(B) > > Upon receipt of the annual Federal payment for the District of Columbia authorized under title V of the District of Columbia Self-Government and Governmental Reorganization Act, the Mayor shall deposit a portion of the payment (equal to the estimate of necessary appropriations described in subparagraph (A)) into a dedicated fund within the government of the District of Columbia. > > > ##### “(C) > > Amounts deposited in the dedicated fund described in subparagraph

(B)shall be available solely for the operation of the Office, and shall be paid to the Inspector General by the Mayor (acting through the Chief Financial Officer of the District of Columbia) in such installments and at such times as the Inspector General requires.” > . ###

(b)Additional Powers and Duties ####

(1)In general Section 208(a)(3) of the District of Columbia Procurement Practices Act of 1985 (sec. 1–1182.8(a)(3), D.C. Code) is amended— #####

(A)by striking “and” at the end of subparagraph (E); #####

(B)by striking the period at the end of subparagraph

(F)and inserting a semicolon; and #####

(C)by adding at the end the following new subparagraphs: > > ##### “(G) > > Pursuant to a contract described in paragraph (4), provide certifications under section 602(b)(5) of title VI of the District of Columbia Revenue Act of 1939; > > > ##### “(H) > > Pursuant to a contract described in paragraph (4), audit the complete financial statement and report on the activities of the District government for such fiscal year, for the use of the Mayor under section 448(a)(4) of the District of Columbia Self-Government and Governmental Reorganization Act; and > > > ##### “(I) > > Not later than 30 days before the beginning of each fiscal year (beginning with fiscal year 1996) and in consultation with the Mayor, the Council, and the Authority, establish an annual plan for audits to be conducted under this paragraph during the fiscal year under which the Inspector General shall report only those variances which are in an amount equal to or greater than $1,000,000 or 1 percent of the applicable annual budget for the program in which the variance is found (whichever is lesser).” > . ####

(2)Limitation on contract with outside auditor Section 208(a) of such Act (sec. 1–1182.8(a), D.C. Code) is amended by adding at the end the following new paragraph: > > #### “(4) > > The Inspector General shall enter into a contract with an auditor who is not an officer or employee of the Office to— > > > ##### “(A) > > audit the financial statement and report described in paragraph (3)(H) for a fiscal year, except that the financial statement and report may not be audited by the same auditor (or an auditor employed by or affiliated with the same auditor) for more than 3 consecutive fiscal years; and > > > ##### “(B) > > audit the certification described in paragraph (3)(G).” > . ####

(3)Subpoena power Section 208(c) of such Act (sec. 1–1182.8(c), D.C. Code) is amended— #####

(A)by striking “(c)” and inserting “(c)(1)”; and #####

(B)by adding at the end the following new paragraph: > > #### “(2) > > > #####

(A)> > The Inspector General may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Inspector General. > > > ##### “(B) > > If a person refuses to obey a subpoena issued under subparagraph (A), the Inspector General may apply to the Superior Court of the District of Columbia for an order requiring that person to appear before the Inspector General to give testimony, produce evidence, or both, relating to the matter under investigation. Any failure to obey the order of the court may be punished by the Superior Court as civil contempt.” > . ####

(4)Referral of findings of criminal activity to attorney general Section 208 of such Act (sec. 1–1182.8, D.C. Code) is amended by adding at the end the following new subsection: > > ### “(f) > > In carrying out the duties and responsibilities established under this section, 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 or District criminal law.” > . ###

(c)Revision of Current Powers and Duties ####

(1)Liaison representative for all external audits of district government Section 208(a)(3)(B) of such Act (sec. 1–1182.8(a)(3)(B), D.C. Code) is amended by striking “executive branch”. ####

(2)Application of generally accepted accounting principles Section 208(b) of such Act (sec. 1–1182.8(b), D.C. Code) is amended by inserting “accounting and” after “accepted”. ####

(3)Access to all necessary records Section 208(c)(1) of such Act (sec. 1–1182.8(c), D.C. Code), as amended by subsection (b)(3), is amended by striking “relating to contracts and procurement”. ####

(4)Submission of reports to authority during control year Section 208(d) of such Act (sec. 1–1182.8(d), D.C. Code) is amended— #####

(A)in paragraph (1), by striking “the Mayor and the Council” and inserting “the Authority (or, with respect to a fiscal year which is not a control year, the Mayor and the Council)”; and #####

(B)in paragraph (2), by striking “the Mayor” and inserting “the Authority, the Mayor,”. ####

(5)Making reports publicly available Section 208(d) of such Act (sec. 1–1182.8(d), D.C. Code) is amended by adding at the end the following new paragraph: > > #### “(4) > > The Inspector General shall make each report submitted under this subsection available to the public, except to the extent that the report contains information determined by the Inspector General to be privileged.” > . ####

(6)Responding to requests of authority Section 208(e) of such Act (sec. 1–1182.8(e), D.C. Code) is amended by striking “the Director” and inserting “the Authority”. ###

(d)Definitions Section 208 of such Act (sec. 1–1182.8, D.C. Code), as amended by subsection (b)(4), is amended by adding at the end the following new subsection: > > ### “(g) > > In this section— > > > #### “(1) > > the term ‘**Authority**’ means the District of Columbia Financial Responsibility and Management Assistance Authority established under section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995; > > > #### “(2) > > the term ‘**control year**’ has the meaning given such term under section 305(4) of such Act; and > > > #### “(3) > > the term ‘**District government**’ has the meaning given such term under section 305(5) of such Act.” > . ###

(e)Deadline for Appointment ####

(1)In general Not later than 30 days after its members are appointed, the Mayor shall appoint the Inspector General of the District of Columbia pursuant to section 208(a)(1) of the District of Columbia Procurement Practices Act of 1985 (as amended by subsection (a)). ####

(2)Transition rule The term of service of the individual serving as the Inspector General under section 208(a) of the District of Columbia Procurement Practices Act of 1985 prior to the appointment of the Inspector General by the Authority under section 208(a)(1) of such Act (as amended by subsection (a)) shall expire upon the appointment of the Inspector General by the Authority.