Calendar No. 585
117th CONGRESS 2d Session |
[Report No. 117–226]
To amend the Inspector General Act of 1978, and for other purposes.
July 12, 2021
Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs
December 5, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
To amend the Inspector General Act of 1978, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Short title.
Sec. 102. Amendment.
Sec. 103. Removal or transfer requirements.
Sec. 201. Short title.
Sec. 202. Change in status of Inspector General offices.
Sec. 203. Presidential explanation of failure to nominate an Inspector General.
Sec. 301. Vacancy of Inspector General positions.
Sec. 401. Short title.
Sec. 402. Additional information to be included in requests and reports to Congress.
Sec. 403. Availability of information to members of Congress regarding certain allegations of wrongdoing closed without referral.
Sec. 404. Semiannual report.
Sec. 405. Additional reports; rules of construction.
Sec. 406. Membership of Integrity Committee.
Sec. 407. Requirement to refer allegations of wrongdoing against Inspector General to Integrity Committee.
Sec. 408. Requirement to report final disposition to Congress.
Sec. 501. Short title.
Sec. 502. Additional authority provisions for Inspectors General.
Sec. 601. Short title.
Sec. 602. Investigations of Department of Justice personnel.
Sec. 701. Short title.
Sec. 702. Office of Inspector General whistleblower complaints.
Sec. 801. Notice of ongoing investigations when there is a change in status of Inspector General.
Sec. 901. CIGIE appropriation.
Sec. 1001. Notice of refusal to provide information or assistance to Inspectors General.
Sec. 1101. Short title.
Sec. 1102. Enhancements to Inspector General Training.
Sec. 1201. Equitable pay for Inspectors General.
Sec. 1301. GAO Review and Report.
Sec. 1401. Determination of budgetary effects.
Sec. 1501. Severability.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(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.”.
(a) Reasons for removal or transfer.—Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 102, is further amended—
(1) in paragraph (1), by striking “reasons” and inserting “substantive rationale, including detailed and case-specific reasons,”; and
(2) by inserting at the end the following new paragraph:
“(3) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under paragraph (1), the written communication required under that paragraph shall—
“(A) identify each entity that is conducting, or that conducted, the inquiry; and
“(B) in the case of a completed inquiry, contain the findings made during the inquiry.”.
(b) Reasons for removal or transfer for designated Federal entities.—Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in paragraph (2), by striking “reasons” and inserting “substantive rationale, including detailed and case-specific reasons,”; and
(2) by inserting at the end the following new paragraph:
“(3) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under paragraph (2), the written communication required under that paragraph shall—
“(A) identify each entity that is conducting, or that conducted, the inquiry; and
“(B) in the case of a completed inquiry, contain the findings made during the inquiry.”.
(a) Change in status of Inspector General of office.—Paragraph (1) of 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 entity.—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) Exception to requirement To submit communication relating to certain changes in status.—
(1) COMMUNICATION RELATING TO CHANGE IN STATUS OF INSPECTOR GENERAL OF OFFICE.—Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 102(1), is further amended—
(A) in paragraph (1), by striking “If” and inserting “Except as provided in paragraph (3), if”; and
(B) by adding at the end the following:
“(3) If an Inspector General is placed on paid or unpaid non-duty status, the President may submit the communication described in paragraph (1) to Congress later than 30 days before the Inspector General is placed on paid or unpaid non-duty status, but in any case not later than the date on which the placement takes effect, if—
“(A) the President determines that a delay in placing the Inspector General on paid or unpaid non-duty status would—
“(i) pose a threat to the Inspector General or others;
“(ii) result in the destruction of evidence relevant to an investigation; or
“(iii) result in loss of or damage to Government property;
“(B) in the communication, the President includes—
“(i) a specification of which clause the President relied on to make the determination under subparagraph (A);
“(ii) the substantive rationale, including detailed and case-specific reasons, for such determination;
“(iii) if the President relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and
“(iv) if an inquiry described in clause (iii) is completed, the findings of that inquiry.
“(4) The President may not place an Inspector General on paid or unpaid non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1) unless the President—
“(A) determines that not placing the Inspector General on paid or unpaid non-duty status would—
“(i) pose a threat to the Inspector General or others;
“(ii) result in the destruction of evidence relevant to an investigation; or
“(iii) result in loss of or damage to Government property; and
“(B) on or before the date on which the placement takes effect, submits to the Committee in the House of Representatives and the Committee in the Senate that has jurisdiction over the Inspector General involved, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a written communication that contains the following information—
“(i) a specification of which clause under subparagraph (A) the President relied on to make the determination under such subparagraph;
“(ii) the substantive rationale, including detailed and case-specific reasons, for such determination;
“(iii) if the President relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and
“(iv) if an inquiry described in clause (iii) is completed, the findings of that inquiry.”.
(2) COMMUNICATION RELATING TO CHANGE IN STATUS OF INSPECTOR GENERAL OF DESIGNATED FEDERAL ENTITY.—Section 8G(e) of the Inspector General Act Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(A) in paragraph (1), by striking “If” and inserting “Except as provided in paragraph (3), if”; and
(B) by adding at the end the following:
“(3) If an Inspector General is placed on paid or unpaid non-duty status, the head of a designated Federal entity may submit the communication described in paragraph (1) to Congress later than 30 days before the Inspector General is placed on paid or unpaid non-duty status, but in any case not later than the date on which the placement takes effect, if—
“(A) the head determines that a delay in placing the Inspector General on paid or unpaid non-duty status would—
“(i) pose a threat to the Inspector General or others;
“(ii) result in the destruction of evidence relevant to an investigation; or
“(iii) result in loss of or damage to Government property;
“(B) in the communication, the head includes—
“(i) a specification of which clause under subparagraph (A) the head relied on to make the determination under such subparagraph;
“(ii) the substantive rationale, including detailed and case-specific reasons, for such determination;
“(iii) if the head relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and
“(iv) if an inquiry described in clause (iii) is completed, the findings of that inquiry.
“(4) The head may not place an Inspector General on paid or unpaid non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1) unless the head—
“(A) determines that not placing the Inspector General on paid or unpaid non-duty status would—
“(i) pose a threat to the Inspector General or others;
“(ii) result in the destruction of evidence relevant to an investigation; or
“(iii) result in loss of or damage to Government property; and
“(B) on or before the date on which the placement takes effect, submits to the Committee in the House of Representatives and the Committee in the Senate that has jurisdiction over the Inspector General involved, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a written communication that contains the following information—
“(i) a specification of which clause under subparagraph (A) the head relied on to make the determination under such subparagraph;
“(ii) the substantive rationale, including detailed and case-specific reasons, for such determination;
“(iii) if the head relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and
“(iv) if an inquiry described in clause (iii) is completed, the findings of that inquiry.”.
(d) Application.—The amendments made by this section shall apply with respect to removals, transfers, and changes of status occurring on or after the date that is 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:
Ҥ 3349e. Presidential explanation of failure to nominate an Inspector General
“If the President fails to make a formal nomination for a vacant Inspector General position that requires a formal nomination by the President to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period, to Congress in writing—
“(1) the reasons why the President has not yet made a formal nomination; and
“(2) a target date for making a formal nomination.”.
(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 section 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”.
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:
“(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 an 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 Inspector General 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.
“(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:
(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.
“(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 diem 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) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in subparagraph (A)(iii), by inserting “contemporaneously with the submission of the report under clause (ii),” before “submit”; and
(2) in subparagraph (B), 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”.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) by inserting after section 6 the following new section:
“SEC. 6A. Additional authority.
“(a) Testimonial subpoena authority.—In addition to the authority otherwise provided by this Act and in accordance with the requirements of this section, each Inspector General, in carrying out the provisions of this Act (or in the case of an Inspector General or Special Inspector General not established under this Act, the provisions of the authorizing statute), is authorized to require by subpoena the attendance and testimony of witnesses as necessary in the performance of the functions assigned to the Inspector General by this Act (or in the case of an Inspector General or Special Inspector General not established under this Act, the functions assigned by the authorizing statute), which in the case of contumacy or refusal to obey, such subpoena shall be enforceable by order of any appropriate United States district court. An Inspector General may not require by subpoena the attendance and testimony of any Federal employee or employee of a designated Federal entity, but may use other authorized procedures.
“(b) Limitation of delegation.—The authority to issue a subpoena under subsection (a) may only be delegated to an official performing the functions and duties of the Inspector General when an Inspector General position is vacant or when the Inspector General is unable to perform the functions and duties of the Office.
“(c) Panel review before issuance.—
“(A) REQUEST FOR APPROVAL BY SUBPOENA PANEL.—Before the issuance of a subpoena described in subsection (a), an Inspector General shall submit a request for approval to issue a subpoena to a panel (in this section, referred to as the ‘Subpoena Panel’), which shall be comprised of three Inspectors General of the Council of the Inspectors General on Integrity and Efficiency, who shall be designated by the Inspector General serving as Chairperson of the Council.
“(B) PROTECTION FROM DISCLOSURE.—The information contained in the request submitted by an Inspector General under subparagraph (A) and the identification of a witness shall be protected from disclosure to the extent permitted by law. Any request for disclosure of such information shall be submitted to the Inspector General requesting the subpoena.
“(A) IN GENERAL.—Except as provided in subparagraph (B), the Subpoena Panel shall approve or deny a request for approval to issue a subpoena not later than 10 calendar days after the submission of such request.
“(B) ADDITIONAL INFORMATION FOR PANEL.—If the Subpoena Panel determines that additional information is necessary to approve or deny a request submitted by an Inspector General under paragraph (1)(A), the Subpoena Panel shall request such information from the Inspector General and shall approve or deny the request submitted by the Inspector General under paragraph (1)(A) not later than 20 calendar days after the submission of the request under such paragraph.
“(3) DENIAL BY PANEL.—If a majority of the Subpoena Panel denies the approval of a subpoena, that subpoena may not be issued.
“(d) Notice to Attorney General.—
“(1) IN GENERAL.—If the Subpoena Panel approves a subpoena under subsection (c), the Inspector General shall notify the Attorney General that the Inspector General intends to issue the subpoena.
“(2) DENIAL FOR INTERFERENCE WITH AN ONGOING INVESTIGATION.—Not later than 10 calendar days after the date on which the Attorney General is notified pursuant to paragraph (1), the Attorney General may object to the issuance of the subpoena because the subpoena will interfere with an ongoing investigation and the subpoena may not be issued.
“(3) ISSUANCE OF SUBPOENA APPROVED.—If the Attorney General declines to object or fails to object to the issuance of the subpoena during the 10-day period described in paragraph (2), the Inspector General may issue the subpoena.
“(e) Guidelines.—The Chairperson of the Council of the Inspectors General on Integrity and Efficiency, in consultation with the Attorney General, shall prescribe guidelines to carry out this section.
“(f) Inspector general defined.—For purposes of this section, the term ‘Inspector General’ includes each Inspector General established under this Act and each Inspector General or Special Inspector General not established under this Act.
“(g) Applicability.—The provisions of this section shall not affect the exercise of authority by an Inspector General of testimonial subpoena authority established under another provision of law.”;
(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 witnesses authorized under section 6A.”; and
(3) in section 8G(g)(1), by inserting “6A,” before “and 7”.
Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(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),”.
(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)”.
(a) Change in status of Inspector General of office.—Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting at the end the following:
“(h) 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 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.”.
(b) Change in status of Inspector General of designated Federal entity.—Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 202(c)(2), is further amended by inserting at the end the following:
“(5) 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 designated Federal entity, the acting Inspector General shall submit to 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
(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 involved or the head of the Federal agency involved, as applicable, to—
“(A) the Committee in the House of Representatives and the Committee in the Senate that has jurisdiction over the establishment involved or the Federal agency involved, as applicable;
“(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.”.
Section 11(c)(1)(E) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “and establish minimum standards and best practices for training to ensure all Inspectors General receive training to carry out the duties, responsibilities, and authorities under this Act, on emerging areas of the law of relevance to Inspectors General and the work of their offices as identified by the Council, and on the use of and process for the suspension or debarment of persons for eligibility for Federal contracts” after “Inspector General”.
Section 3(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after “3 percent” the following: “or the rate of pay that is equal to the highest rate of basic pay of any other employee of the Office of such Inspector General, whichever is higher”.
Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall—
(1) conduct a review that evaluates the effectiveness of the processes of the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency, and the processes of Offices of Inspector General, respectively, for ensuring that Inspectors General—
(A) are held accountable through the investigation of allegations of wrongdoing, including allegations of misconduct, abuse of authority, or other malfeasance, that are made against such Inspectors General; and
(B) meet relevant standards for integrity and independence;
(2) identify recommendations with respect to—
(A) enhancing accountability for Inspectors General; and
(B) ensuring that Inspectors General meet relevant standards for integrity and independence; and
(A) on the results of the review required by paragraph (1); and
(B) that contains any recommendations identified under paragraph (2).
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.
If any provision of this Act (or the application of that provision to particular persons or circumstances) is held invalid or found to be unconstitutional the remainder of this Act (or the application of that provision to other persons or circumstances) shall not be affected.
(a) Short title.—This Act may be cited as the “Inspector General Independence and Empowerment Act of 2021”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Short title.
Sec. 102. Removal or transfer of inspectors general; placement on non-duty status.
Sec. 103. Vacancy in position of inspector general.
Sec. 104. Office of inspector general whistleblower complaints.
Sec. 201. Presidential explanation of failure to nominate an inspector general.
Sec. 301. Short title.
Sec. 302. Additional information to be included in requests and reports to Congress.
Sec. 303. Availability of information to Congress on certain allegations of wrongdoing closed without referral.
Sec. 304. Semiannual report.
Sec. 305. Additional reports.
Sec. 306. Requirement to report final disposition to Congress.
Sec. 307. Investigations of Offices of Inspectors General of establishments by the Integrity Committee.
Sec. 401. Short title.
Sec. 402. Additional authority provisions for inspectors general.
Sec. 403. Review by the comptroller general.
Sec. 501. Short title.
Sec. 502. Investigations of Department of Justice personnel.
Sec. 601. Notice of ongoing investigations when there is a change in status of Inspector General.
Sec. 701. CIGIE report on expenditures.
Sec. 801. Notice of refusal to provide information or assistance to inspectors general.
Sec. 901. Training resources for inspectors general.
Sec. 902. Definition of appropriate congressional committees.
Sec. 903. Semiannual reports.
Sec. 904. Submission of reports that specifically identify non-governmental organizations or business entities.
Sec. 905. Review relating to vetting, processing, and resettlement of evacuees from Afghanistan and the Afghanistan special immigrant visa program.
This title may be cited as the “Securing Inspector General Independence Act of 2021”.
(a) In general.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in section 3(b)—
(B) in paragraph (1), as so designated—
(i) in subparagraph (A), as so designated, in the second sentence—
(C) by adding at the end the following:
“(2) (A) Subject to the other provisions of this paragraph, only the President may place an Inspector General on non-duty status.
“(B) If the President places an Inspector General on non-duty status, the President shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication not later than the date on which the change in status takes effect if—
“(i) the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and
“(ii) in the communication, the President includes a report on the determination described in clause (i), which shall include—
“(I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause (i) of this subparagraph;
“(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
“(C) The President may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1)(A) unless the President—
“(i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and
“(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.
“(D) For the purposes of this paragraph—
“(i) the term ‘Inspector General’—
“(I) means an Inspector General who was appointed by the President, without regard to whether the Senate provided advice and consent with respect to that appointment; and
“(II) includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for Afghanistan Reconstruction, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery; and
“(ii) a reference to the removal or transfer of an Inspector General under paragraph (1), or to the written communication described in that paragraph, shall be considered to be—
“(I) in the case of the Inspector General of the Intelligence Community, a reference to section 103H(c)(4) of the National Security Act of 1947 (50 U.S.C. 3033(c)(4));
“(II) in the case of the Inspector General of the Central Intelligence Agency, a reference to section 17(b)(6) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)(6));
“(III) in the case of the Special Inspector General for Afghanistan Reconstruction, a reference to section 1229(c)(6) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 378);
“(IV) in the case of the Special Inspector General for the Troubled Asset Relief Program, a reference to section 121(b)(4) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(b)(4)); and
“(V) in the case of the Special Inspector General for Pandemic Recovery, a reference to section 4018(b)(3) of the CARES Act (15 U.S.C. 9053(b)(3)).”; and
(2) in section 8G(e)—
(B) in paragraph (2)—
(ii) in subparagraph (A), as so designated, in the first sentence—
(C) by adding at the end the following:
“(3) (A) Subject to the other provisions of this paragraph, only the head of the applicable designated Federal entity (referred to in this paragraph as the ‘covered official’) may place an Inspector General on non-duty status.
“(B) If a covered official places an Inspector General on non-duty status, the covered official shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the covered official may submit that communication not later than the date on which the change in status takes effect if—
“(i) the covered official has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and
“(ii) in the communication, the covered official includes a report on the determination described in clause (i), which shall include—
“(I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the covered official has determined applies under clause (i) of this subparagraph;
“(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
“(C) A covered official may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the covered official—
“(i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and
“(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.
(a) In general.—Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:
“(A) the term ‘first assistant to the position of Inspector General’ means, with respect to an Office of Inspector General—
“(i) an individual who, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position—
“(ii) if the Inspector General has not made a designation described in clause (i)(II)—
“(B) the term ‘Inspector General’—
“(2) If an Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position—
“(A) section 3345(a) of title 5, United States Code, and section 103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)) shall not apply;
“(B) subject to paragraph (4), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and
“(C) notwithstanding subparagraph (B), and subject to paragraphs (4) and (5), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code, only if—
“(i) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the Inspector General, the officer or employee served in a position in an Office of an Inspector General for not less than 90 days, except that—
“(ii) the rate of pay for the position of the officer or employee described in clause (i) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule;
“(iii) the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and
“(iv) not later than 30 days before the date on which the direction takes effect, the President communicates in writing to both Houses of Congress (including to the appropriate congressional committees) the substantive rationale, including the detailed and case-specific reasons, for such direction, including the reason for the direction that someone other than the individual who is performing the functions and duties of the Inspector General temporarily in an acting capacity (as of the date on which the President issues that direction) perform those functions and duties temporarily in an acting capacity.
“(3) Notwithstanding section 3345(a) of title 5, United States Code, section 103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of paragraph (2), and subject to paragraph (4), during any period in which an Inspector General is on non-duty status—
“(A) the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and
“(B) if the first assistant described in subparagraph (A) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in that Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, United States Code, if—
“(4) An individual may perform the functions and duties of an Inspector General temporarily and in an acting capacity under subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with respect to only 1 Inspector General position at any given time.
(b) Rule of construction.—Nothing in the amendment made by subsection (a) may be construed to limit the applicability of sections 3345 through 3349d of title 5, United States Code (commonly known as the “Federal Vacancies Reform Act of 1998”), other than with respect to section 3345(a) of that title.
(c) Effective date.—
(1) DEFINITION.—In this subsection, the term “Inspector General” has the meaning given the term in subsection (h)(1)(B) of section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a) of this section.
(2) APPLICABILITY.—
(A) IN GENERAL.—Except as provided in subparagraph (B), this section, and the amendments made by this section, shall take effect on the date of enactment of this Act.
(B) EXISTING VACANCIES.—If, as of the date of enactment of this Act, an individual is performing the functions and duties of an Inspector General temporarily in an acting capacity, this section, and the amendments made by this section, shall take effect with respect to that Inspector General position on the date that is 30 days after the date of enactment of this Act.
(a) Whistleblower Protection Coordinator.—Section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(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)”.
SEC. 201. Presidential explanation of failure to nominate an inspector general.
(a) In general.—Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following:
Ҥ 3349e. Presidential explanation of failure to nominate an inspector general
“If the President fails to make a formal nomination for a vacant inspector general position that requires a formal nomination by the President to be filled within the period beginning on the later of the date on which the vacancy occurred or on which a nomination is rejected, withdrawn, or returned, and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period and not later than June 1 of each year thereafter, to the appropriate congressional committees, as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)—
(b) Technical and conforming amendment.—The table of sections for subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3349d the following:
“3349e. Presidential explanation of failure to nominate an Inspector General.”.
This title may be cited as the “Integrity Committee Transparency Act of 2021”.
SEC. 302. Additional information to be included in requests and reports to Congress.
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
SEC. 303. Availability of information to Congress on certain allegations of wrongdoing closed without referral.
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 CONGRESS ON CERTAIN ALLEGATIONS OF WRONGDOING CLOSED WITHOUT REFERRAL.—
“(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 the allegation of wrongdoing, provide a written description of the nature of the allegation of wrongdoing and how the Integrity Committee evaluated the allegation of wrongdoing to—
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 6 months thereafter, the Council shall submit to Congress and the President a report on the activities of the Integrity Committee during the immediately preceding 6-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 in paragraph (4)(C):
“(A) An overview and analysis of the allegations of wrongdoing disposed of by the Integrity Committee, including—
“(C) 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.
“(D) 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.
“(E) 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—
“(H) The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without referral.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(2) by inserting after subsection (d) the following:
“(e) Additional reports.—
“(1) REPORT TO INSPECTOR GENERAL.—The Chairperson of the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency shall, 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 an Office of Inspector General for which the Integrity Committee may receive, review, and refer for investigation allegations of wrongdoing under section 11(d), submit a report to the Inspector General who leads the Office at which the serious or flagrant problems, abuses, or deficiencies were alleged.
“(2) REPORT TO PRESIDENT, CONGRESS, AND THE ESTABLISHMENT.—Not later than 7 days after the date on which an Inspector General receives a report submitted under paragraph (1), the Inspector General shall submit to the President, the appropriate congressional committees, and the head of the establishment—
Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “and the appropriate congressional committees” after “Integrity Committee”.
Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “, and that an investigation of an Office of Inspector General of an establishment is conducted by another Office of Inspector General of an establishment” after “size”.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) by inserting after section 6 the following:
“SEC. 6A. Additional authority.
“(a) Definitions.—In this section—
“(1) the term ‘Chairperson’ means the Chairperson of the Council of the Inspectors General on Integrity and Efficiency;
“(2) the term ‘Inspector General’—
“(A) means an Inspector General of an establishment or a designated Federal entity (as defined in section 8G(a)); and
“(B) includes—
“(i) the Inspector General of the Central Intelligence Agency established under section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517);
“(ii) the Inspector General of the Intelligence Community established under section 103H of the National Security Act of 1947 (50 U.S.C. 3033);
“(iii) the Special Inspector General for Afghanistan Reconstruction established under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 379);
“(iv) the Special Inspector General for the Troubled Asset Relief Plan established under section 121 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
“(v) the Special Inspector General for Pandemic Recovery established under section 4018 of the CARES Act (15 U.S.C. 9053); and
“(b) Testimonial subpoena authority.—
“(1) IN GENERAL.—In addition to the authority otherwise provided by this Act and in accordance with the requirements of this section, each Inspector General, in carrying out the provisions of this Act or the provisions of the authorizing statute of the Inspector General, as applicable, is authorized to require by subpoena the attendance and testimony of witnesses as necessary in the performance of an audit, inspection, evaluation, or investigation, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court.
“(c) Limitation on delegation.—The authority to issue a subpoena under subsection (b) may only be delegated to an official performing the functions and duties of an Inspector General when the Inspector General position is vacant or when the Inspector General is unable to perform the functions and duties of the Office of the Inspector General.
“(d) Notice to Attorney General.—
“(1) IN GENERAL.—Not less than 10 days before submitting a request for approval to issue a subpoena to the Subpoena Panel under subsection (e), an Inspector General shall—
“(2) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to prevent an Inspector General from submitting to the Subpoena Panel under subsection (e) a request for approval to issue a subpoena if 10 or more days have elapsed since the date on which the Inspector General submits to the Attorney General the notification required under paragraph (1)(A) with respect to that subpoena.
“(e) Panel review before issuance.—
“(1) APPROVAL REQUIRED.—
“(A) REQUEST FOR APPROVAL BY SUBPOENA PANEL.—Before the issuance of a subpoena described in subsection (b), an Inspector General shall submit to a panel a request for approval to issue the subpoena, which shall include a determination by the Inspector General that—
“(B) COMPOSITION OF SUBPOENA PANEL.—
“(i) IN GENERAL.—Subject to clauses (ii) and (iii), a Subpoena Panel shall be comprised of 3 inspectors general appointed by the President and confirmed by the Senate, who shall be randomly drawn by the Chairperson or a designee of the Chairperson from a pool of all such inspectors general.
“(ii) CLASSIFIED INFORMATION.—If consideration of a request for a subpoena submitted under subparagraph (A) would require access to classified information, the Chairperson or a designee of the Chairperson may limit the pool of inspectors general described in clause (i) to appropriately cleared inspectors general.
“(iii) CONFIRMATION OF AVAILABILITY.—If an inspector general drawn from the pool described in clause (i) does not confirm their availability to serve on the Subpoena Panel within 24 hours of receiving a notification from the Chairperson or a designee of the Chairperson regarding selection for the Subpoena Panel, the Chairperson or a designee of the Chairperson may randomly draw a new inspector general from the pool to serve on the Subpoena Panel.
“(C) CONTENTS OF REQUEST.—The request described in subparagraph (A) shall include any information provided by the Attorney General related to the subpoena, which the Attorney General requests that the Subpoena Panel consider.
“(2) TIME TO RESPOND.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), the Subpoena Panel shall approve or deny a request for approval to issue a subpoena submitted under paragraph (1) not later than 10 days after the submission of the request.
“(f) Semiannual reporting.—On or before May 31, 2022, and every 6 months thereafter, the Council of the Inspectors General on Integrity and Efficiency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and the Comptroller General of the United States a report on the use of subpoenas described in subsection (b) in any audit, inspection, evaluation, or investigation that concluded during the immediately preceding 6-month periods ending March 31 and September 30, which shall include—
“(1) a list of each Inspector General that has submitted a request for approval of a subpoena to the Subpoena Panel;
“(2) for each applicable Inspector General, the number of subpoenas submitted to the Subpoena Panel, approved by the Subpoena Panel, and disapproved by the Subpoena Panel;
“(3) for each subpoena submitted to the Subpoena Panel for approval—
“(B) the date on which the subpoena request was sent to the Attorney General, the date on which the Attorney General responded, and whether the Attorney General provided information regarding the subpoena request, including whether the Attorney General opposed issuance of the proposed subpoena;
“(g) Training and standards.—The Council of the Inspectors General on Integrity and Efficiency, in consultation with the Attorney General, shall promulgate standards and provide training relating to the issuance of subpoenas, conflicts of interest, and any other matter the Council determines necessary to carry out this section.
Not later than January 1, 2026, the Comptroller General of the United States shall submit to the appropriate congressional committees a report reviewing the use of testimonial subpoena authority, which shall include—
(1) a summary of the information included in the semiannual reports to Congress under section 6A(f) of the Inspector General Act of 1978 (5 U.S.C. App.), as added by this Act, including an analysis of any patterns and trends identified in the use of the authority during the reporting period;
SEC. 601. Notice of ongoing investigations when there is a change in status of Inspector General.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after subsection (e), as added by section 305, 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 officer or employee performing the functions and duties of the Inspector General temporarily in an acting capacity shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives information regarding work being conducted by the Office as of the date on which the Inspector General was removed, placed on paid or unpaid non-duty status, or transferred, which shall include—
“(1) for each investigation—
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) REPORT ON EXPENDITURES.—Not later than November 30 of each year, the Chairperson shall submit to the appropriate committees or subcommittees of Congress, including the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, a report on the expenditures of the Council for the preceding fiscal year, including from direct appropriations to the Council, interagency funding pursuant to subparagraph (A), a revolving fund pursuant to subparagraph (B), or any other source.”.
SEC. 801. Notice of refusal to provide information or assistance to inspectors general.
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 has not been provided by the head of the establishment involved or the head of the Federal agency involved, as applicable, to the appropriate congressional committees.”.
SEC. 901. Training resources for inspectors general.
Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) by redesignating subparagraphs (E) through (I) as subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
“(E) support the professional development of Inspectors General, including by providing training opportunities on the duties, responsibilities, and authorities under this Act and on topics relevant to Inspectors General and the work of Inspectors General, as identified by Inspectors General and the Council.”.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in section 5—
(3) in section 8—
(A) in subsection (b)—
(i) in paragraph (3), by striking “the Committees on Armed Services and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Government Reform and Oversight of the House of Representatives and to other appropriate committees or subcommittees of the Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and
(B) in subsection (f)—
(i) in paragraph (1), by striking “the Committees on Armed Services and on Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and on Oversight and Government Reform of the House of Representatives and to other appropriate committees or subcommittees of Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and
(4) in section 8D—
(A) in subsection (a)(3), by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Operations and Ways and Means of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “appropriate congressional committees, including the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and
(B) in subsection (g)—
(i) in paragraph (1)—
(I) by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and
(II) by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Reform and Oversight and Ways and Means of the House of Representatives” and inserting “Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and
(5) in section 8E—
(A) in subsection (a)(3), by striking “Committees on Governmental Affairs and Judiciary of the Senate and the Committees on Government Operations and Judiciary of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “appropriate congressional committees, including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives”; and
(B) in subsection (c)—
(i) by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and
(ii) by striking “Committees on the Judiciary and Governmental Affairs of the Senate and the Committees on the Judiciary and Government Operations of the House of Representatives” and inserting “Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives”;
(6) in section 8G—
(A) in subsection (d)(2)(E), in the matter preceding clause (i), by inserting “the appropriate congressional committees, including” after “are”; and
(B) in subsection (f)(3)—
(i) in subparagraph (A)(iii), by striking “Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “the appropriate congressional committees”; and
(7) in section 8I—
(8) in section 8N(b), by striking “committees of Congress” and inserting “congressional committees”;
The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(2) in section 5—
(A) in subsection (a)—
(i) by striking paragraphs (1) through (12) and inserting the following:
“(1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office;
“(2) an identification of each recommendation made before the reporting period, for which corrective action has not been completed, including the potential costs savings associated with the recommendation;
“(4) an identification of the total number of convictions during the reporting period resulting from investigations;
(iii) by amending paragraph (13), as so redesignated, to read as follows:
“(13) a report on each investigation conducted by the Office where allegations of misconduct were substantiated involving a senior Government employee or senior official (as defined by the Office) if the establishment does not have senior Government employees, which shall include—
(B) in subsection (b)—
(i) by striking paragraphs (2) and (3) and inserting the following:
“(2) where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing—
“(A) with respect to management decisions—
“(B) with respect to final actions—
“(i) whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period;
(iii) in paragraph (3), as so redesignated, by striking “subsection (a)(20)(A)” and inserting “subsection (a)(14)(A)”; and
(iv) by striking paragraph (5) and inserting the following:
(D) by inserting after subsection (g), as so redesignated by section 305, the following:
“(h) If an Office has published any portion of the report or information required under subsection (a) to the website of the Office or on oversight.gov, the Office may elect to provide links to the relevant webpage or website in the report of the Office under subsection (a) in lieu of including the information in that report.”.
(a) In general.—Section 5(g) of the Inspector General Act of 1978 (5 U.S.C. App.), as so redesignated by section 305, is amended by adding at the end the following:
“(6) (A) Except as provided in subparagraph (B), if an audit, evaluation, inspection, or other non-investigative report prepared by an Inspector General specifically identifies a specific non-governmental organization or business entity, whether or not the non-governmental organization or business entity is the subject of that audit, evaluation, inspection, or non-investigative report—
“(ii) the non-governmental organization or business entity shall have—
“(I) 30 days to review the audit, evaluation, inspection, or non-investigative report beginning on the date of publication of the audit, evaluation, inspection, or non-investigative report; and
“(II) the opportunity to submit a written response for the purpose of clarifying or providing additional context as it directly relates to each instance wherein an audit, evaluation, inspection, or non-investigative report specifically identifies that non-governmental organization or business entity; and
“(iii) if a written response is submitted under clause (ii)(II) within the 30-day period described in clause (ii)(I)—
“(B) Subparagraph (A) shall not apply with respect to a non-governmental organization or business entity that refused to provide information or assistance sought by an Inspector General during the creation of the audit, evaluation, inspection, or non-investigative report.
“(C) An Inspector General shall review any written response received under subparagraph (A) for the purpose of preventing the improper disclosure of classified information or other non-public information, consistent with applicable laws, rules, and regulations, and, if necessary, redact such information.”.
(b) Retroactive applicability.—During the 30-day period beginning on the date of enactment of this Act—
(1) the amendment made by subsection (a) shall apply upon the request of a non-governmental organization or business entity named in an audit, evaluation, inspection, or other non-investigative report prepared on or after January 1, 2019; and
(2) any written response submitted under clause (iii) of section 5(g)(6)(A)of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a), with respect to such an audit, evaluation, inspection, or other non-investigative report shall attach to the original report in the manner described in that clause.
(a) In general.—In accordance with the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector General of the Department of Homeland Security, jointly with the Inspector General of the Department of State, and in coordination with any appropriate inspector general, shall conduct a thorough review of efforts to support and process evacuees from Afghanistan and the Afghanistan special immigrant visa program.
(b) Elements.—The review required by subsection (a) shall include an assessment of the systems, staffing, policies, and programs used—
(1) to the screen and vet such evacuees, including—
(A) an assessment of whether personnel conducting such screening and vetting were appropriately authorized and provided with training, including training in the detection of fraudulent personal identification documents;
(B) an analysis of the degree to which such screening and vetting deviated from United States law, regulations, policy, and best practices relating to the screening and vetting of refugees and applicants for United States visas that have been in use at any time since January 1, 2016;
(C) an identification of any risk to the national security of the United States posed by any such deviations;
(4) to account for the total number of individual evacuated from Afghanistan in 2021 with support of the United States Government, disaggregated by—
(D) eligibility for special immigrant visas under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111–8) or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109–163) at the time of evacuation;
(5) to provide eligible individuals with special immigrant visas under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111–8) and section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109–163) since the date of the enactment of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111–8), including—
(A) a detailed step-by-step description of the application process for such special immigrant visas, including the number of days allotted by the United States Government for the completion of each step;
(B) the number of such special immigrant visa applications received, approved, and denied, disaggregated by fiscal year;
(C) the number of such special immigrant visas issued, as compared to the number available under law, disaggregated by fiscal year;
(D) an assessment of the average length of time taken to process an application for such a special immigrant visa, beginning on the date of submission of the application and ending on the date of final disposition, disaggregated by fiscal year;
(E) an accounting of the number of applications for such special immigrant visas that remained pending at the end of each fiscal year;
(F) an accounting of the number of interviews of applicants for such special immigrant visas conducted during each fiscal year;
(G) the number of noncitizens who were admitted to the United States pursuant to such a special immigrant visa during each fiscal year;
(H) an assessment of the extent to which each participating department or agency of the United States Government, including the Department of State and the Department of Homeland Security, adjusted processing practices and procedures for such special immigrant visas so as to vet applicants and expand processing capacity since the February 29, 2020, Doha Agreement between the United States and the Taliban;
(J) a description of the degree to which the Secretary of State implemented recommendations made by the Department of State Office of Inspector General in its June 2020 reports on Review of the Afghan Special Immigrant Visa Program (AUD-MERO-20-35) and Management Assistance Report: Quarterly Reporting on Afghan Special Immigrant Visa Program Needs Improvement (AUD-MERO-20-34);
(K) an assessment of the extent to which challenges in verifying applicants’ employment with the Department of Defense contributed to delays in the processing of such special immigrant visas, and an accounting of the specific steps taken since February 29, 2020, to address issues surrounding employment verification; and
(c) Interim reporting.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State shall submit to the appropriate congressional committees not fewer than one interim report on the review conducted under this section.
(2) DEFINITIONS.—In this subsection:
(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” has the meaning given the term in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by this Act.
(d) Discharge of responsibilities.—The Inspector General of the Department of Homeland Security and the Inspector General of the Department of State shall discharge the responsibilities under this section in a manner consistent with the authorities and requirements of the Inspector General Act of 1978 (5 U.S.C. App.) and the authorities and requirements applicable to the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State under that Act.
(e) Coordination.—Upon request of an Inspector General for information or assistance under subsection (a), the head of any Federal agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Federal agency from which the information is requested, furnish to such Inspector General, or to an authorized designee, such information or assistance.
(f) Rule of construction.—Nothing in this section shall be construed to limit the ability of the Inspector General of the Department of Homeland Security or the Inspector General of the Department of State to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of the oversight responsibilities of the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.), with respect to oversight of the evacuation from Afghanistan, the selection, vetting, and processing of applicants for special immigrant visas and asylum, and any resettlement in the United States of such evacuees.
Calendar No. 585 | |||||
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[Report No. 117–226] | |||||
AN ACT | |||||
To amend the Inspector General Act of 1978, and for other purposes. | |||||
December 5, 2022 | |||||
Reported with an amendment |