(a) Short title.—This Act may be cited as the “IG Independence and Empowerment Act”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

This title may be cited as the “Inspector General Independence Act”.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in section 3(b)—

(A) by striking “An Inspector General” and inserting:

“(1) An Inspector General”;

(B) by inserting after “by the President” the following: “in accordance with paragraph (2)”; and

(C) by inserting at the end the following new paragraph:

“(2) The President may remove an Inspector General only for any of the following grounds (and the documentation of any such ground shall be included in the communication required pursuant to paragraph (1)):

“(A) Documented permanent incapacity.

“(B) Documented neglect of duty.

“(C) Documented malfeasance.

“(D) Documented conviction of a felony or conduct involving moral turpitude.

“(E) Documented knowing violation of a law or regulation.

“(F) Documented gross mismanagement.

“(G) Documented gross waste of funds.

“(H) Documented abuse of authority.

“(I) Documented inefficiency.”; and

(2) in section 8G(e)(2), by adding at the end the following: “An Inspector General may be removed only for any of the following grounds (and the documentation of any such ground shall be included in the communication required pursuant to this paragraph):

“(A) Documented permanent incapacity.

“(B) Documented neglect of duty.

“(C) Documented malfeasance.

“(D) Documented conviction of a felony or conduct involving moral turpitude.

“(E) Documented knowing violation of a law or regulation.

“(F) Documented gross mismanagement.

“(G) Documented gross waste of funds.

“(H) Documented abuse of authority.

“(I) Documented inefficiency.”.

This title may be cited as the “Inspector General Protection Act”.

(a) Change in status of Inspector General of offices.—Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by inserting “, is placed on paid or unpaid non-duty status,” after “is removed from office”;

(2) by inserting “, change in status,” after “any such removal”; and

(3) by inserting “, change in status,” after “before the removal”.

(b) Change in status of Inspector General of designated Federal entities.—Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by inserting “, is placed on paid or unpaid non-duty status,” after “office”;

(2) by inserting “, change in status,” after “any such removal”; and

(3) by inserting “, change in status,” after “before the removal”.

(c) Effective date.—The amendments made by this section shall take effect 30 days after the date of the enactment of this Act.

(a) In general.—Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following new section:

(b) Clerical amendment.—The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to 3349d the following new item:

“3349e. Presidential explanation of failure to nominate an Inspector General.”.

(c) Effective date.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any vacancy first occurring on or after that date.

(a) In general.—Section 3345 of title 5, United States Code, is amended by adding at the end the following:

“(d) (1) Notwithstanding subsection (a), if an Inspector General position that requires appointment by the President by and with the advice and consent of the Senate to be filled is vacant, the first assistant of such position shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346.

“(2) Notwithstanding subsection (a), if for purposes of carrying out paragraph (1) of this subsection, by reason of absence, disability, or vacancy, the first assistant to the position of Inspector General is not available to perform the functions and duties of the Inspector General, an acting Inspector General shall be appointed by the President from among individuals serving in an office of any Inspector General, provided that—

“(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable Inspector General, the individual served in a position in an office of any Inspector General for not less than 90 days; and

“(B) the rate of pay for the position of such individual is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.”.

(b) Application.—The amendment made by subsection (a) shall apply to any vacancy first occurring with respect to an Inspector General position on or after the date of enactment of this Act.

This title may be cited as the “Integrity Committee Transparency Act of 2021”.

Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in paragraph (5)(B)(ii), by striking the period at the end and inserting “, the length of time the Integrity Committee has been evaluating the allegation of wrongdoing, and a description of any previous written notice provided under this clause with respect to the allegation of wrongdoing, including the description provided for why additional time was needed.”; and

(2) in paragraph (8)(A)(ii), by inserting “or corrective action” after “disciplinary action”.

(a) Availability of information to members of Congress.—Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(iii) AVAILABILITY OF INFORMATION TO MEMBERS OF CONGRESS.—

“(I) IN GENERAL.—With respect to an allegation of wrongdoing made by a member of Congress that is closed by the Integrity Committee without referral to the Chairperson of the Integrity Committee to initiate an investigation, the Chairperson of the Integrity Committee shall, not later than 60 days after closing such allegation, provide a written description of the nature of the allegation of wrongdoing and how the Integrity Committee evaluated the allegation of wrongdoing to—

“(aa) the Chair and Ranking Member of the Committee on Oversight and Reform of the House of Representatives;

“(bb) the Chair and Ranking Member of the Committee on Homeland Security and Governmental Affairs of the Senate;

“(cc) a member of the House of Representatives who has the support of any seven members of the Committee on Oversight and Reform of the House of Representatives; or

“(dd) a member of the Senate who has the support of any five members of the Committee on Homeland Security and Governmental Affairs of the Senate.

“(II) REQUIREMENT TO FORWARD.—The Chairperson of the Integrity Committee shall forward any written description or update provided under this clause to the members of the Integrity Committee and to the Chairperson of the Council.”.

Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows:

“(9) SEMIANNUAL REPORT.—On or before May 31, 2022, and every six months thereafter, the Council shall submit to Congress and the President a report on the activities of the Integrity Committee during the immediately preceding six-month periods ending March 31 and September 30, which shall include the following with respect to allegations of wrongdoing that are made against Inspectors General and staff members of the various Offices of Inspector General described under paragraph (4)(C):

“(A) An overview and analysis of the allegations of wrongdoing disposed of by the Integrity Committee, including—

“(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;

“(ii) analysis of the categories or types of the allegations of wrongdoing; and

“(iii) a summary of disposition of all the allegations.

“(B) The number of allegations referred to the Department of Justice or the Office of Special Counsel, including the number of allegations referred for criminal investigation.

“(C) The number of allegations referred to the Chairperson of the Integrity Committee for investigation, a general description of the status of such investigations, and a summary of the findings of investigations completed.

“(D) An overview and analysis of allegations of wrongdoing received by the Integrity Committee during any previous reporting period, but remained pending during some part of the six months covered by the report, including—

“(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;

“(ii) analysis of the categories or types of the allegations of wrongdoing; and

“(iii) a summary of disposition of all the allegations.

“(E) The number and category or type of pending investigations.

“(F) For each allegation received—

“(i) the date on which the investigation was opened;

“(ii) the date on which the allegation was disposed of, as applicable; and

“(iii) the case number associated with the allegation.

“(G) The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without referral.

“(H) A brief description of any difficulty encountered by the Integrity Committee when receiving, evaluating, investigating, or referring for investigation an allegation received by the Integrity Committee, including a brief description of—

“(i) any attempt to prevent or hinder an investigation; or

“(ii) concerns about the integrity or operations at an Office of Inspector General.”.

Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(14) ADDITIONAL REPORTS.—

“(A) REPORT TO INSPECTOR GENERAL.—The Chairperson of the Integrity Committee shall submit a report immediately whenever the Chairperson of the Integrity Committee becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of such Office of Inspector General. The report shall be sent to the Inspector General who leads the Office of Inspector General at which the serious or flagrant problems, abuses, or deficiencies were alleged.

“(B) REPORT TO CONGRESS.—The Inspector General of the Office identified by the Integrity Committee shall submit any such report to the House Committee on Oversight and Reform and the Senate Committee on Homeland Security and Governmental Affairs within seven calendar days from the time the agency head receives the report together with a report by the Inspector General at the Office identified by the Integrity Committee containing any comments such Inspector General deems appropriate.

“(15) RULE OF CONSTRUCTION.—

“(A) PUBLIC DISCLOSURE OF INFORMATION.—Except as provided in subparagraph (B), nothing in this subsection shall be construed to authorize the public disclosure of information which is—

“(i) prohibited from disclosure by any other provision of law;

“(ii) 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

“(iii) a part of an ongoing criminal investigation.

“(B) PROVISION OF REPORT TO REQUESTING MEMBERS OF CONGRESS.—Subject to any other provision of law that would otherwise prohibit disclosure of such information, the information described in subparagraph (A) may be provided to any Member of Congress upon request of the Member.

“(16) PROHIBITED DISCLOSURES.—The Integrity Committee may not provide or otherwise disclose to Congress or the public any information that reveals the personally identifiable information of an individual who alleges wrongdoing to the Integrity Committee under this subsection unless the Integrity Committee first obtains the consent of the individual.”.

Section 11(d)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in subparagraph (A), by adding at the end the following:

“(iv) The individual appointed under subparagraph (C).”; and

(2) by adding at the end the following:

“(C) APPOINTMENT OF FORMER INSPECTOR GENERAL TO COMMITTEE.—

“(i) APPOINTMENT.—The Chairperson of the Council shall appoint an individual who prior to the date of such appointment served as an Inspector General (as that position is described in section 3(a) and section 8G(a)(6)), and who has upheld the highest standards of integrity and professionalism while serving and since leaving service as an Inspector General, as determined by the Chairperson, to serve as a member of the Committee unless no such individual is available or willing to serve as a member of the Committee at the time of the appointment.

“(ii) INITIAL TERM.—The individual appointed under clause (i) shall serve at the pleasure of the Chairperson of the Council for a 2-year term.

“(iii) ADDITIONAL TERM.—The Chairperson of the Council may reappoint the individual appointed under clause (i) to serve at the pleasure of the Chairperson of the Council for an additional term not to exceed 2 years.

“(iv) COMPENSATION.—

“(I) SPECIAL GOVERNMENT EMPLOYEE DESIGNATION.—The individual appointed under clause (i) shall be considered a special government employee pursuant to section 202(a) of title 18, United States Code.

“(II) COMPENSATION AND TRAVEL EXPENSES.—An individual appointed under clause (i) may not receive compensation at a rate in excess of the rate of basic pay for level IV of the executive schedule under section 5315 of title 5, United States Code, and any such individual, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per dime in lieu of subsistence, as authorized by section 5703 of such title for persons employed intermittently in the Government service.

“(III) ACCEPTANCE OF VOLUNTEER SERVICES.—The Chairperson of the Council may accept volunteer services from the individual appointed under this subparagraph without regard to section 1342 of title 31, United States Code.

“(IV) PROVISIONS RELATING TO REEMPLOYMENT.—

“(aa) The Chairperson of the Council may reemploy annuitants.

“(bb) The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of title 5, United States Code, as if the Council was the Department of Defense.”.

(a) Requirement.—Section 11(d)(4) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in subparagraph (A), in the heading, by striking “Requirement” and inserting “Allegations against staff members”;

(2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and

(3) by inserting after subparagraph (A) the following:

“(B) ALLEGATIONS AGAINST INSPECTORS GENERAL.—An Inspector General shall refer to the Integrity Committee any allegation of wrongdoing against that Inspector General.”.

(b) Technical and conforming amendment.—Section 11(d)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking “(4)(C)” and inserting “(4)(D)”.

Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and other congressional committees of jurisdiction,” after “Integrity Committee”.

This title may be cited as the “IG Subpoena Authority Act”.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by inserting after section 6 the following new section:

(2) in section 5(a)—

(A) in paragraph (21)(B), by striking “; and” and inserting a semicolon;

(B) in paragraph (22), by striking the period at the end and inserting “; and”; and

(C) by inserting at the end the following new paragraph:

“(23) a description of the use of subpoenas for the attendance and testimony of certain witnesses authorized under section 6A.”; and

(3) in section 8G(g)(1), by inserting “6A,” before “and 7”.

This title may be cited as the “Inspector General Access Act”.

Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking “and paragraph (3)”;

(B) by striking paragraph (3);

(C) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and

(D) in paragraph (4), as redesignated, by striking “paragraph (4)” and inserting “paragraph (3)”; and

(2) in subsection (d), by striking “, except with respect to allegations described in subsection (b)(3),”.

This title may be cited as the “Enhanced Whistleblower Engagement Act”.

(a) Whistleblower protection coordinator.—Section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in clause (i), in the matter preceding subclause (I), by inserting “, including employees of that Office of Inspector General” after “employees”; and

(2) in clause (iii), by inserting “(including the Integrity Committee of that Council)” after “and Efficiency”.

(b) Council of the inspectors general on integrity and efficiency.—Section 11(c)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking “, allegations of reprisal,” and inserting the following: “and allegations of reprisal (including the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal that are internal to an Office of Inspector General)”.

Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting at the end the following:

“(f) Not later than 15 days after an Inspector General is removed, placed on paid or unpaid non-duty status, or transferred to another position or location within an establishment, the acting Inspector General shall submit to the Council of the Inspectors General on Integrity and Efficiency, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a list of all audits and investigations being conducted, supervised, coordinated by the Office at the time the Inspector General was removed, placed on paid or unpaid non-duty status, or transferred.”.

(a) Availability of appropriated funds.—Section 11(c)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(D) AUTHORIZATION OF APPROPRIATIONS.—In addition to any funds available in the Inspectors General Council Fund established under subparagraph (B), there are authorized to be appropriated such sums as may be necessary, to remain available until expended, to carry out the functions and duties of the Council under this subsection.”.

(b) Removing council funding from individual Inspector General budget requests.—Section 6(g) of the Inspector General Act of 1978 is amended—

(1) in paragraph (1), by striking “, and any resources necessary to support the Council of the Inspectors General on Integrity and Efficiency. Resources necessary to support the Council of the Inspectors General on Integrity and Efficiency shall be specifically identified and justified in the budget request”; and

(2) in paragraph (2)—

(A) in subparagraph (B), by adding “and” after the semicolon;

(B) by striking subparagraph (C); and

(C) by redesignating subparagraph (D) as subparagraph (C).

(c) Effective date.—The amendments made by subsection (b) shall take effect on the date that is 30 days after the date of receipt by the Council of the Inspectors General on Integrity and Efficiency of an appropriation for the Council to carry out the functions and duties of the Council under section 11 of the Inspector General Act (5 U.S.C. App. 11), as amended under this section.

Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(3) If the information or assistance that is the subject of a report under paragraph (2) is not provided to the Inspector General by the date that is 30 days after the report is made, the Inspector General shall submit a notice that the information or assistance requested is being unreasonably refused or not provided by the head of the establishment to—

“(A) the Committee in the House of Representatives and the Committee in the Senate that has jurisdiction over the establishment;

“(B) the Committee on Oversight and Reform of the House of Representatives; and

“(C) the Committee on Homeland Security and Governmental Affairs of the Senate.”.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.