H.R.5048 - Independent Procurement Corps Act of 1988100th Congress (1987-1988)
|Sponsor:||Rep. Boxer, Barbara [D-CA-6] (Introduced 07/14/1988)|
|Committees:||House - Armed Services|
|Latest Action:||House - 07/19/1988 Referred to Subcommittee on Investigations. (All Actions)|
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Summary: H.R.5048 — 100th Congress (1987-1988)All Information (Except Text)
Introduced in House (07/14/1988)
Independent Procurement Corps Act of 1988 - Title I: Independent Procurement Corps - Establishes as an agency in the executive branch the Independent Procurement Corps, to be headed by a Director appointed by the President. Outlines provisions concerning requirements for staffing, education, training, and pay. Outlines duties of the Corps, including the following: (1) receiving information, analysis, and advice from officers of the armed forces with regard to the need and justification for major defense systems; (2) consulting with such officers about such need and justification but having the final authority over which systems are to be researched, developed, and produced; (3) carrying out functions and relevant acquisition regulations of the Department of Defense (DOD) relating to the research, development, and production of major systems; (4) operating as the sole negotiator with representatives of the private sector doing business with DOD; and (5) determining funding priorities and submitting to the President each fiscal year an appropriations request reflecting those priorities.
Provides Corps personnel limitations, prohibiting a person from serving as Director if such person has been employed by a defense contractor or has served as an officer of the armed forces during the five years preceding nomination as Director. Prohibits a former Director from accepting compensation for five years after leaving office from any company under contract with DOD during the period such person served as Director. Provides similar three-year limitations for staff members of the Corps.
Requires the Director to submit to the President, the Congress, and the Secretary of Defense annual reports on the activities of the Corps.
Provides that the Under Secretary of Defense for Acquisition shall be the chief liaison between DOD and the Corps for purposes of communicating the views of the Department on acquisition matters relating to major systems. Terminates certain duties of the Under Secretary that are transferred to the Corps under this Act.
Title II: Inspector General for Defense Procurement - Establishes the Office of the Inspector General for Defense Procurement as an independent office in the executive branch. Places at the head of the Office an Inspector General for Defense Procurement, to be appointed by the President by and with the advice and consent of the Senate and removable from office by the President. Requires the Inspector General to appoint: (1) an Assistant Inspector General for Auditing, who shall be responsible for auditing the programs and operations of the Independent Procurement Corps; and (2) an Assistant Inspector General for Investigations, who shall be responsible for supervising the performance of investigative activities relating to such programs and operations.
Outlines the duties and responsibilities of the Inspector General, including: (1) to conduct audits and investigations relating to the programs and operations of the Corps; (2) to review existing and proposed legislation and regulations relating to such programs and to make recommendations to improve the economy and efficiency of such programs and operations; (3) to provide and recommend policy for such programs and operations; (4) to recommend policies for the Corps and other Federal agencies and other entities with respect to the improvement of such programs and operations and the prevention and detection of fraud or abuse in such programs; (5) to keep the President, the Secretary of Defense, the Director of the Corps, and the Congress informed concerning fraud and other serious problems and deficiencies relating to the administration of programs and operations of the Corps, to recommend solutions to such problems, and to report on progress made in implementing such corrective action; (6) to investigate fraud, waste, and abuse uncovered as a result of audits; (7) to develop policy, monitor performance, and provide guidance with respect to all Corps activities relating to criminal investigation programs; (8) to monitor and evaluate the adherence of Corps auditors to proper audit review principles, policy, and procedure; and (9) to develop policy, evaluate performance, and monitor actions taken by the Corps in response to contract audits, reviews, and audits conducted by the Comptroller General of the United States. Requires the Inspector General to coordinate all activities required under this Act with the Comptroller General.
Directs the Inspector General to report to the Attorney General whenever he or she has reasonable grounds to believe there has been a violation of Federal criminal law (and to the Secretary of the military department concerned, for alleged violations of the Uniform Code of Military Justice). Requires the Inspector General to ensure that his or her duties are carried out in a manner that avoids compromising or endangering the national security.
Directs the Inspector General to submit semiannual activity reports to the President, the Secretary of Defense, the Director of the Corps, and the Senate and House Armed Services Committees (the defense committees) and to make such reports public. Requires the Inspector General to report immediately to such entities whenever he or she becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of the Corps. Limits disclosure of such information to the public. Outlines other administrative and procedural powers granted to the Inspector General in carrying out this Act (such as the authority to have access to records and information, to issue subpoenas to summon witnesses, and to select and employ such officers and employees as necessary).
Requires the Director, Corps personnel, the military departments, the defense agencies, and the Secretary to furnish the Inspector General such information and assistance as requested as part of an investigation, audit, or inspection under the provisions of this Act. Directs the Inspector General to report to the President, the Secretary, the Director, and the defense committees whenever information is refused or not provided. Directs the Administrator of General Services to provide the Office with all appropriate space and support.
Authorizes the Inspector General to receive and investigate complaints or information from an employee of the Corps concerning violations of law, mismanagement of funds, waste, abuse, or substantial and specific danger to the public health and safety. Prohibits the Inspector General from disclosing the identity of any such employee, unless such disclosure is unavoidable during the course of the investigation. Prohibits reprisals against any employee for making a complaint or disclosing information to the Inspector General.
Provides personnel limitations for the Office, prohibiting a person from serving as Inspector General if such person has been employed by a defense contractor or was a member of the armed forces during the five years preceding nomination as Inspector General. Prohibits a former Inspector General from accepting compensation for five years after serving in such position from any company under contract with DOD during the period such person served as Inspector General. Provides similar three-year limitations for employees of the Office.
Prohibits any member of the armed forces, active or reserve, from being appointed to the Office under this Act.