Office of the Inspector General Powers and Duties Amendment Act of 1999
Bill 13-143

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend the District of Columbia Procurement Practices Act of 1985 and to increase the independence of the Office of the Inspector General in its conduct of investigations and audits; to establish a mission statement for the Office of the Inspector General; to guarantee to the Office of the Inspector General access to all papers, things or property belonging to the District government; to authorize the Inspector General to administer and take oaths, affirmations, or affidavits; to protect the identity of persons who disclose information to the Office of the Inspector General; to require the Office of the Inspector General to prepare an annual report; to authorize administrative actions for District government employees or contractors who fail to cooperate with the Office of the Inspector General; and to expand whistleblower protections to individuals who disclose information or make a complaint to the Of fice of the Inspector General.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Office of the Inspector General Powers and Duties Amendment Act of 1999".

Sec. 2. The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, §1-1181.1 is amended as follows:

(a) Section 208 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, §1-1182.8(a)(1), is amended by adding a new subsection as follows:

"(B) It is the purpose of the Office of the Inspector General to independently:

(1) conduct and supervise audits and investigations relating to the programs and operations of all departments and agencies, including independent agencies, of the District government;

(2) provide leadership and coordination and recommend policies for activities designed to promote economy, efficiency, and effectiveness and to prevent and detect corruption, mismanagement, waste, fraud, and abuse in District programs and operations; and

(3) provide a means for keeping the heads of District government departments and agencies, the Mayor, and the Council fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress of corrective actions."

(b) Section 208 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85: D.C. Code, §1-1182.8(a)(3)(a)), is amended as follows:

(1) Strike paragraph (B) and insert in its place, "Be responsible for procuring, administering and reporting on all external audits of the District government."

(2) Strike paragraph (D) and insert in its place, "Independently conduct such audits, assignments, and investigations as the Mayor shall request, and such other audits and investigations that in the Inspector General's judgment are necessary or desirable;"

(3) Strike paragraph (F) and insert in its place, "Forward to the appropriate authority any report, as a result of any investigation or audit conducted by the office, identifying misconduct or unethical behavior."

(c) Section 208 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85: D.C. Code, §1-1182.8)), is amended by adding a new section as follows:

"(b-1) The Inspector General is authorized to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the Inspector General's duties."

(d) Section 208 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, §1-1182.8)), is amended by adding a new section as follows:

"(b-2) The Inspector General shall not, after receipt of a complaint or information from any person, disclose the identity of such person without such person's consent, unless the Inspector General determines that such disclosure is unavoidable or necessary to further the ends of an investigation."

(e) Section 208 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, §1-1182.8(c)), is amended by striking paragraph (c) and inserting in its place, "The Inspector General shall have access to all books, accounts, records, reports findings, and all other papers. things or property belonging to or in use by the District government necessary to fulfill the Inspector General's work."

(f) Section 208 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, §1-1182.8)), is amended by adding a new section as follows:

"(e) The Inspector General shall prepare an annual report not later than November 30 of each year summarizing the activities of the Office of Inspector General during the preceding fiscal year. Upon its completion, the Inspector general shall transmit the report to the Mayor, the Council, and the appropriate committees or subcommittees of Congress. The Inspector General shall make copies of the report available to the public upon request and at a reasonable cost."

(g) Section 208 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, 1-1182.8)), is amended by adding a new section as follows:

"(h) Failure on the part of any District government employee or contractor to cooperate with the Inspector General by providing requested documents or testimony shall be grounds for appropriate administrative actions, to include loss of employment or the termination of an existing contractual relationship."

(h) Section 208 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, §1-1182.8)), is amended by adding a new section as follows:

"(i) Anyone who has the authority to take or 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 another as a reprisal for making a complaint or disclosing information to the 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."

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the Committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 913; D.C. Code 1-233(c)(3)).

Sec. 4. Effective Date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, l 1995 ( 109 Stat. 1 16; D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)( l ) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.