H.R. 2662, IG Independence and Empowerment Act
Summary
H.R. 2662 is an Act to amend the Inspector General Act of 1978. It was received in the Senate on July 12, 2021 and referred to the Committee on Homeland Security and Governmental Affairs. On December 5, 2022, Mr. Peters reported it with an amendment, as Report No. 117–226 and Calendar No. 585. The short title is the IG Independence and Empowerment Act. The table of contents lists Title I, Inspector General Independence, including removal or transfer requirements, and Title II, Congressional Notification of Change in Status of Inspector General.
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“H.R. 2662, IG Independence and Empowerment Act.”
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II
Calendar No. 585
117TH CONGRESS
2D SESSION
H. R. 2662
[Report No. 117–226]
IN THE SENATE OF THE UNITED STATES
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]
AN ACT
To amend the Inspector General Act of 1978, and for other
purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the ‘‘IG
5 Independence and Empowerment Act’’.
6 (b) TABLE OF CONTENTS.—The table of contents for
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7 this Act is as follows:
Sec. 1. Short title; table of contents.
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TITLE I—INSPECTOR GENERAL INDEPENDENCE
Sec. 101. Short title.
Sec. 102. Amendment.
Sec. 103. Removal or transfer requirements.
TITLE II—CONGRESSIONAL NOTIFICATION OF CHANGE IN
STATUS OF INSPECTOR GENERAL
Sec. 201. Short title.
Sec. 202. Change in status of Inspector General offices.
Sec. 203. Presidential explanation of failure to nominate an Inspector General.
TITLE III—VACANCY OF INSPECTOR GENERAL POSITIONS
Sec. 301. Vacancy of Inspector General positions.
TITLE IV—COUNCIL OF INSPECTORS GENERAL ON INTEGRITY
AND EFFICIENCY TRANSPARENCY
Sec. 401. Short title.
Sec. 402. Additional information to be included in requests and reports to Con-
gress.
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.
TITLE V—ADDITIONAL AUTHORITY PROVISIONS FOR
INSPECTORS GENERAL
Sec. 501. Short title.
Sec. 502. Additional authority provisions for Inspectors General.
TITLE VI—INVESTIGATIONS OF DEPARTMENT OF JUSTICE
PERSONNEL
Sec. 601. Short title.
Sec. 602. Investigations of Department of Justice personnel.
TITLE VII—OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER
COMPLAINTS
Sec. 701. Short title.
Sec. 702. Office of Inspector General whistleblower complaints.
TITLE VIII—NOTICE OF ONGOING INVESTIGATIONS WHEN THERE
IS A CHANGE IN STATUS OF INSPECTOR GENERAL
Sec. 801. Notice of ongoing investigations when there is a change in status of
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Inspector General.
TITLE IX—COUNCIL OF THE INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY APPROPRIATION
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Sec. 901. CIGIE appropriation.
TITLE X—NOTICE OF REFUSAL TO PROVIDE INSPECTORS
GENERAL ACCESS
Sec. 1001. Notice of refusal to provide information or assistance to Inspectors
General.
TITLE XI—ENHANCEMENTS TO INSPECTOR GENERAL TRAINING
Sec. 1101. Short title.
Sec. 1102. Enhancements to Inspector General Training.
TITLE XII—EQUITABLE PAY FOR INSPECTORS GENERAL
Sec. 1201. Equitable pay for Inspectors General.
TITLE XIII—REPORT
Sec. 1301. GAO Review and Report.
TITLE XIV—BUDGETARY EFFECTS
Sec. 1401. Determination of budgetary effects.
TITLE XV—SEVERABILITY
Sec. 1501. Severability.
1 TITLE I—INSPECTOR GENERAL
2 INDEPENDENCE
3 SEC. 101. SHORT TITLE.
4 This title may be cited as the ‘‘Inspector General
5 Independence Act’’.
6 SEC. 102. AMENDMENT.
7 The Inspector General Act of 1978 (5 U.S.C. App.)
8 is amended—
9 (1) in section 3(b)—
10 (A) by striking ‘‘An Inspector General’’
11 and inserting:
12 ‘‘(1) An Inspector General’’;
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1 (B) by inserting after ‘‘by the President’’
2 the following: ‘‘in accordance with paragraph
3 (2)’’; and
4 (C) by inserting at the end the following
5 new paragraph:
6 ‘‘(2) The President may remove an Inspector
7 General only for any of the following grounds (and
8 the documentation of any such ground shall be in-
9 cluded in the communication required pursuant to
10 paragraph (1)):
11 ‘‘(A) Documented permanent incapacity.
12 ‘‘(B) Documented neglect of duty.
13 ‘‘(C) Documented malfeasance.
14 ‘‘(D) Documented conviction of a felony or con-
15 duct involving moral turpitude.
16 ‘‘(E) Documented knowing violation of a law or
17 regulation.
18 ‘‘(F) Documented gross mismanagement.
19 ‘‘(G) Documented gross waste of funds.
20 ‘‘(H) Documented abuse of authority.
21 ‘‘(I) Documented inefficiency.’’; and
22 (2) in section 8G(e)(2), by adding at the end
23 the following: ‘‘An Inspector General may be re-
24 moved only for any of the following grounds (and
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25 the documentation of any such ground shall be in-
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1 cluded in the communication required pursuant to
2 this paragraph):
3 ‘‘(A) Documented permanent incapacity.
4 ‘‘(B) Documented neglect of duty.
5 ‘‘(C) Documented malfeasance.
6 ‘‘(D) Documented conviction of a felony or
7 conduct involving moral turpitude.
8 ‘‘(E) Documented knowing violation of a
9 law or regulation.
10 ‘‘(F) Documented gross mismanagement.
11 ‘‘(G) Documented gross waste of funds.
12 ‘‘(H) Documented abuse of authority.
13 ‘‘(I) Documented inefficiency.’’.
14 SEC. 103. REMOVAL OR TRANSFER REQUIREMENTS.
15 (a) REASONS FOR REMOVAL OR TRANSFER.—Section
16 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.),
17 as amended by section 102, is further amended—
18 (1) in paragraph (1), by striking ‘‘reasons’’ and
19 inserting ‘‘substantive rationale, including detailed
20 and case-specific reasons,’’; and
21 (2) by inserting at the end the following new
22 paragraph:
23 ‘‘(3) If there is an open or completed inquiry
24 into an Inspector General that relates to the removal
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25 or transfer of the Inspector General under para-
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1 graph (1), the written communication required
2 under that paragraph shall—
3 ‘‘(A) identify each entity that is con-
4 ducting, or that conducted, the inquiry; and
5 ‘‘(B) in the case of a completed inquiry,
6 contain the findings made during the inquiry.’’.
7 (b) REASONS FOR REMOVAL OR TRANSFER FOR DES-
8 IGNATED FEDERAL ENTITIES.—Section 8G(e) of the In-
9 spector General Act of 1978 (5 U.S.C. App.) is amend-
10 ed—
11 (1) in paragraph (2), by striking ‘‘reasons’’ and
12 inserting ‘‘substantive rationale, including detailed
13 and case-specific reasons,’’; and
14 (2) by inserting at the end the following new
15 paragraph:
16 ‘‘(3) If there is an open or completed inquiry
17 into an Inspector General that relates to the removal
18 or transfer of the Inspector General under para-
19 graph (2), the written communication required
20 under that paragraph shall—
21 ‘‘(A) identify each entity that is con-
22 ducting, or that conducted, the inquiry; and
23 ‘‘(B) in the case of a completed inquiry,
24 contain the findings made during the inquiry.’’.
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1 TITLE II—CONGRESSIONAL NO-
2 TIFICATION OF CHANGE IN
3 STATUS OF INSPECTOR GEN-
4 ERAL
5 SEC. 201. SHORT TITLE.
6 This title may be cited as the ‘‘Inspector General Pro-
7 tection Act’’.
8 SEC. 202. CHANGE IN STATUS OF INSPECTOR GENERAL OF-
9 FICES.
10 (a) CHANGE IN STATUS OF INSPECTOR GENERAL OF
11 OFFICE.—Paragraph (1) of section 3(b) of the Inspector
12 General Act of 1978 (5 U.S.C. App.) is amended—
13 (1) by inserting ‘‘, is placed on paid or unpaid
14 non-duty status,’’ after ‘‘is removed from office’’;
15 (2) by inserting ‘‘, change in status,’’ after
16 ‘‘any such removal’’; and
17 (3) by inserting ‘‘, change in status,’’ after ‘‘be-
18 fore the removal’’.
19 (b) CHANGE IN STATUS OF INSPECTOR GENERAL OF
20 DESIGNATED FEDERAL ENTITY.—Section 8G(e)(2) of the
21 Inspector General Act of 1978 (5 U.S.C. App.) is amend-
22 ed—
23 (1) by inserting ‘‘, is placed on paid or unpaid
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24 non-duty status,’’ after ‘‘office’’;
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1 (2) by inserting ‘‘, change in status,’’ after
2 ‘‘any such removal’’; and
3 (3) by inserting ‘‘, change in status,’’ after ‘‘be-
4 fore the removal’’.
5 (c) EXCEPTION TO REQUIREMENT TO SUBMIT COM-
6 MUNICATION RELATING TO CERTAIN CHANGES IN STA-
7 TUS.—
8 (1) COMMUNICATION RELATING TO CHANGE IN
9 STATUS OF INSPECTOR GENERAL OF OFFICE.—Sec-
10 tion 3(b) of the Inspector General Act of 1978 (5
11 U.S.C. App.), as amended by section 102(1), is fur-
12 ther amended—
13 (A) in paragraph (1), by striking ‘‘If’’ and
14 inserting ‘‘Except as provided in paragraph (3),
15 if’’; and
16 (B) by adding at the end the following:
17 ‘‘(3) If an Inspector General is placed on paid
18 or unpaid non-duty status, the President may sub-
19 mit the communication described in paragraph (1)
20 to Congress later than 30 days before the Inspector
21 General is placed on paid or unpaid non-duty status,
22 but in any case not later than the date on which the
23 placement takes effect, if—
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1 ‘‘(A) the President determines that a delay
2 in placing the Inspector General on paid or un-
3 paid non-duty status would—
4 ‘‘(i) pose a threat to the Inspector
5 General or others;
6 ‘‘(ii) result in the destruction of evi-
7 dence relevant to an investigation; or
8 ‘‘(iii) result in loss of or damage to
9 Government property;
10 ‘‘(B) in the communication, the President
11 includes—
12 ‘‘(i) a specification of which clause the
13 President relied on to make the determina-
14 tion under subparagraph (A);
15 ‘‘(ii) the substantive rationale, includ-
16 ing detailed and case-specific reasons, for
17 such determination;
18 ‘‘(iii) if the President relied on an in-
19 quiry to make such determination, an iden-
20 tification of each entity that is conducting,
21 or that conducted, such inquiry; and
22 ‘‘(iv) if an inquiry described in clause
23 (iii) is completed, the findings of that in-
24 quiry.
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1 ‘‘(4) The President may not place an Inspector
2 General on paid or unpaid non-duty status during
3 the 30-day period preceding the date on which the
4 Inspector General is removed or transferred under
5 paragraph (1) unless the President—
6 ‘‘(A) determines that not placing the In-
7 spector General on paid or unpaid non-duty sta-
8 tus would—
9 ‘‘(i) pose a threat to the Inspector
10 General or others;
11 ‘‘(ii) result in the destruction of evi-
12 dence relevant to an investigation; or
13 ‘‘(iii) result in loss of or damage to
14 Government property; and
15 ‘‘(B) on or before the date on which the
16 placement takes effect, submits to the Com-
17 mittee in the House of Representatives and the
18 Committee in the Senate that has jurisdiction
19 over the Inspector General involved, the Com-
20 mittee on Oversight and Reform of the House
21 of Representatives, and the Committee on
22 Homeland Security and Governmental Affairs
23 of the Senate, a written communication that
24 contains the following information—
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1 ‘‘(i) a specification of which clause
2 under subparagraph (A) the President re-
3 lied on to make the determination under
4 such subparagraph;
5 ‘‘(ii) the substantive rationale, includ-
6 ing detailed and case-specific reasons, for
7 such determination;
8 ‘‘(iii) if the President relied on an in-
9 quiry to make such determination, an iden-
10 tification of each entity that is conducting,
11 or that conducted, such inquiry; and
12 ‘‘(iv) if an inquiry described in clause
13 (iii) is completed, the findings of that in-
14 quiry.’’.
15 (2) COMMUNICATION RELATING TO CHANGE IN
16 STATUS OF INSPECTOR GENERAL OF DESIGNATED
17 FEDERAL ENTITY.—Section 8G(e) of the Inspector
18 General Act Inspector General Act of 1978 (5
19 U.S.C. App.) is amended—
20 (A) in paragraph (1), by striking ‘‘If’’ and
21 inserting ‘‘Except as provided in paragraph (3),
22 if’’; and
23 (B) by adding at the end the following:
24 ‘‘(3) If an Inspector General is placed on paid
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25 or unpaid non-duty status, the head of a designated
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1 Federal entity may submit the communication de-
2 scribed in paragraph (1) to Congress later than 30
3 days before the Inspector General is placed on paid
4 or unpaid non-duty status, but in any case not later
5 than the date on which the placement takes effect,
6 if—
7 ‘‘(A) the head determines that a delay in
8 placing the Inspector General on paid or unpaid
9 non-duty status would—
10 ‘‘(i) pose a threat to the Inspector
11 General or others;
12 ‘‘(ii) result in the destruction of evi-
13 dence relevant to an investigation; or
14 ‘‘(iii) result in loss of or damage to
15 Government property;
16 ‘‘(B) in the communication, the head in-
17 cludes—
18 ‘‘(i) a specification of which clause
19 under subparagraph (A) the head relied on
20 to make the determination under such sub-
21 paragraph;
22 ‘‘(ii) the substantive rationale, includ-
23 ing detailed and case-specific reasons, for
24 such determination;
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1 ‘‘(iii) if the head relied on an inquiry
2 to make such determination, an identifica-
3 tion of each entity that is conducting, or
4 that conducted, such inquiry; and
5 ‘‘(iv) if an inquiry described in clause
6 (iii) is completed, the findings of that in-
7 quiry.
8 ‘‘(4) The head may not place an Inspector Gen-
9 eral on paid or unpaid non-duty status during the
10 30-day period preceding the date on which the In-
11 spector General is removed or transferred under
12 paragraph (1) unless the head—
13 ‘‘(A) determines that not placing the In-
14 spector General on paid or unpaid non-duty sta-
15 tus would—
16 ‘‘(i) pose a threat to the Inspector
17 General or others;
18 ‘‘(ii) result in the destruction of evi-
19 dence relevant to an investigation; or
20 ‘‘(iii) result in loss of or damage to
21 Government property; and
22 ‘‘(B) on or before the date on which the
23 placement takes effect, submits to the Com-
24 mittee in the House of Representatives and the
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25 Committee in the Senate that has jurisdiction
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1 over the Inspector General involved, the Com-
2 mittee on Oversight and Reform of the House
3 of Representatives, and the Committee on
4 Homeland Security and Governmental Affairs
5 of the Senate, a written communication that
6 contains the following information—
7 ‘‘(i) a specification of which clause
8 under subparagraph (A) the head relied on
9 to make the determination under such sub-
10 paragraph;
11 ‘‘(ii) the substantive rationale, includ-
12 ing detailed and case-specific reasons, for
13 such determination;
14 ‘‘(iii) if the head relied on an inquiry
15 to make such determination, an identifica-
16 tion of each entity that is conducting, or
17 that conducted, such inquiry; and
18 ‘‘(iv) if an inquiry described in clause
19 (iii) is completed, the findings of that in-
20 quiry.’’.
21 (d) APPLICATION.—The amendments made by this
22 section shall apply with respect to removals, transfers, and
23 changes of status occurring on or after the date that is
24 30 days after the date of the enactment of this Act.
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1 SEC. 203. PRESIDENTIAL EXPLANATION OF FAILURE TO
2 NOMINATE AN INSPECTOR GENERAL.
3 (a) IN GENERAL.—Subchapter III of chapter 33 of
4 title 5, United States Code, is amended by inserting after
5 section 3349d the following new section:
6 ‘‘§ 3349e. Presidential explanation of failure to nomi-
7 nate an Inspector General
8 ‘‘If the President fails to make a formal nomination
9 for a vacant Inspector General position that requires a for-
10 mal nomination by the President to be filled within the
11 period beginning on the date on which the vacancy oc-
12 curred and ending on the day that is 210 days after that
13 date, the President shall communicate, within 30 days
14 after the end of such period, to Congress in writing—
15 ‘‘(1) the reasons why the President has not yet
16 made a formal nomination; and
17 ‘‘(2) a target date for making a formal nomina-
18 tion.’’.
19 (b) CLERICAL AMENDMENT.—The table of sections
20 for chapter 33 of title 5, United States Code, is amended
21 by inserting after the item relating to section 3349d the
22 following new item:
‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’.
23 (c) EFFECTIVE DATE.—The amendment made by
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24 subsection (a) shall take effect on the date of the enact-
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1 ment of this Act and shall apply to any vacancy first oc-
2 curring on or after that date.
3 TITLE III—VACANCY OF INSPEC-
4 TOR GENERAL POSITIONS
5 SEC. 301. VACANCY OF INSPECTOR GENERAL POSITIONS.
6 (a) IN GENERAL.—Section 3345 of title 5, United
7 States Code, is amended by adding at the end the fol-
8 lowing:
9 ‘‘(d)(1) Notwithstanding subsection (a), if an Inspec-
10 tor General position that requires appointment by the
11 President by and with the advice and consent of the Sen-
12 ate to be filled is vacant, the first assistant of such posi-
13 tion shall perform the functions and duties of the Inspec-
14 tor General temporarily in an acting capacity subject to
15 the time limitations of section 3346.
16 ‘‘(2) Notwithstanding subsection (a), if for purposes
17 of carrying out paragraph (1) of this subsection, by reason
18 of absence, disability, or vacancy, the first assistant to the
19 position of Inspector General is not available to perform
20 the functions and duties of the Inspector General, an act-
21 ing Inspector General shall be appointed by the President
22 from among individuals serving in an office of any Inspec-
23 tor General, provided that—
24 ‘‘(A) during the 365-day period preceding the
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1 to serve of the applicable Inspector General, the in-
2 dividual served in a position in an office of any In-
3 spector General for not less than 90 days; and
4 ‘‘(B) the rate of pay for the position of such in-
5 dividual is equal to or greater than the minimum
6 rate of pay payable for a position at GS–15 of the
7 General Schedule.’’.
8 (b) APPLICATION.—The amendment made by sub-
9 section (a) shall apply to any vacancy first occurring with
10 respect to an Inspector General position on or after the
11 date of enactment of this Act.
12 TITLE IV—COUNCIL OF INSPEC-
13 TORS GENERAL ON INTEG-
14 RITY AND EFFICIENCY
15 TRANSPARENCY
16 SEC. 401. SHORT TITLE.
17 This title may be cited as the ‘‘Integrity Committee
18 Transparency Act of 2021’’.
19 SEC. 402. ADDITIONAL INFORMATION TO BE INCLUDED IN
20 REQUESTS AND REPORTS TO CONGRESS.
21 Section 11(d) of the Inspector General Act of 1978
22 (5 U.S.C. App.) is amended—
23 (1) in paragraph (5)(B)(ii), by striking the pe-
24 riod at the end and inserting ‘‘, the length of time
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1 legation of wrongdoing, and a description of any pre-
2 vious written notice provided under this clause with
3 respect to the allegation of wrongdoing, including
4 the description provided for why additional time was
5 needed.’’; and
6 (2) in paragraph (8)(A)(ii), by inserting ‘‘or
7 corrective action’’ after ‘‘disciplinary action’’.
8 SEC. 403. AVAILABILITY OF INFORMATION TO MEMBERS OF
9 CONGRESS REGARDING CERTAIN ALLEGA-
10 TIONS OF WRONGDOING CLOSED WITHOUT
11 REFERRAL.
12 Section 11(d)(5)(B) of the Inspector General Act of
13 1978 (5 U.S.C. App.) is amended by adding at the end
14 the following:
15 ‘‘(iii) AVAILABILITY OF INFORMATION
16 TO MEMBERS OF CONGRESS.—
17 ‘‘(I) IN GENERAL.—With respect
18 to an allegation of wrongdoing made
19 by a member of Congress that is
20 closed by the Integrity Committee
21 without referral to the Chairperson of
22 the Integrity Committee to initiate an
23 investigation, the Chairperson of the
24 Integrity Committee shall, not later
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1 gation, provide a written description
2 of the nature of the allegation of
3 wrongdoing and how the Integrity
4 Committee evaluated the allegation of
5 wrongdoing to—
6 ‘‘(aa) the Chair and Rank-
7 ing Member of the Committee on
8 Oversight and Reform of the
9 House of Representatives;
10 ‘‘(bb) the Chair and Rank-
11 ing Member of the Committee on
12 Homeland Security and Govern-
13 mental Affairs of the Senate;
14 ‘‘(cc) a member of the
15 House of Representatives who
16 has the support of any seven
17 members of the Committee on
18 Oversight and Reform of the
19 House of Representatives; or
20 ‘‘(dd) a member of the Sen-
21 ate who has the support of any
22 five members of the Committee
23 on Homeland Security and Gov-
24 ernmental Affairs of the Senate.
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1 ‘‘(II) REQUIREMENT TO FOR-
2 WARD.—The Chairperson of the In-
3 tegrity Committee shall forward any
4 written description or update provided
5 under this clause to the members of
6 the Integrity Committee and to the
7 Chairperson of the Council.’’.
8 SEC. 404. SEMIANNUAL REPORT.
9 Section 11(d)(9) of the Inspector General Act of
10 1978 (5 U.S.C. App.) is amended to read as follows:
11 ‘‘(9) SEMIANNUAL REPORT.—On or before May
12 31, 2022, and every six months thereafter, the
13 Council shall submit to Congress and the President
14 a report on the activities of the Integrity Committee
15 during the immediately preceding six-month periods
16 ending March 31 and September 30, which shall in-
17 clude the following with respect to allegations of
18 wrongdoing that are made against Inspectors Gen-
19 eral and staff members of the various Offices of In-
20 spector General described under paragraph (4)(C):
21 ‘‘(A) An overview and analysis of the alle-
22 gations of wrongdoing disposed of by the Integ-
23 rity Committee, including—
24 ‘‘(i) analysis of the positions held by
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1 made, including the duties affiliated with
2 such positions;
3 ‘‘(ii) analysis of the categories or
4 types of the allegations of wrongdoing; and
5 ‘‘(iii) a summary of disposition of all
6 the allegations.
7 ‘‘(B) The number of allegations referred to
8 the Department of Justice or the Office of Spe-
9 cial Counsel, including the number of allega-
10 tions referred for criminal investigation.
11 ‘‘(C) The number of allegations referred to
12 the Chairperson of the Integrity Committee for
13 investigation, a general description of the status
14 of such investigations, and a summary of the
15 findings of investigations completed.
16 ‘‘(D) An overview and analysis of allega-
17 tions of wrongdoing received by the Integrity
18 Committee during any previous reporting pe-
19 riod, but remained pending during some part of
20 the six months covered by the report, includ-
21 ing—
22 ‘‘(i) analysis of the positions held by
23 individuals against whom allegations were
24 made, including the duties affiliated with
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1 ‘‘(ii) analysis of the categories or
2 types of the allegations of wrongdoing; and
3 ‘‘(iii) a summary of disposition of all
4 the allegations.
5 ‘‘(E) The number and category or type of
6 pending investigations.
7 ‘‘(F) For each allegation received—
8 ‘‘(i) the date on which the investiga-
9 tion was opened;
10 ‘‘(ii) the date on which the allegation
11 was disposed of, as applicable; and
12 ‘‘(iii) the case number associated with
13 the allegation.
14 ‘‘(G) The nature and number of allegations
15 to the Integrity Committee closed without refer-
16 ral, including the justification for why each alle-
17 gation was closed without referral.
18 ‘‘(H) A brief description of any difficulty
19 encountered by the Integrity Committee when
20 receiving, evaluating, investigating, or referring
21 for investigation an allegation received by the
22 Integrity Committee, including a brief descrip-
23 tion of—
24 ‘‘(i) any attempt to prevent or hinder
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1 ‘‘(ii) concerns about the integrity or
2 operations at an Office of Inspector Gen-
3 eral.’’.
4 SEC. 405. ADDITIONAL REPORTS; RULES OF CONSTRUC-
5 TION.
6 Section 11(d) of the Inspector General Act of 1978
7 (5 U.S.C. App.) is amended by adding at the end the fol-
8 lowing:
9 ‘‘(14) ADDITIONAL REPORTS.—
10 ‘‘(A) REPORT TO INSPECTOR GENERAL.—
11 The Chairperson of the Integrity Committee
12 shall submit a report immediately whenever the
13 Chairperson of the Integrity Committee be-
14 comes aware of particularly serious or flagrant
15 problems, abuses, or deficiencies relating to the
16 administration of programs and operations of
17 an Office of Inspector General. The report shall
18 be sent to the Inspector General who leads the
19 Office of Inspector General at which the serious
20 or flagrant problems, abuses, or deficiencies
21 were alleged.
22 ‘‘(B) REPORT TO CONGRESS.—The Inspec-
23 tor General of the Office identified by the In-
24 tegrity Committee shall submit any such report
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1 form and the Senate Committee on Homeland
2 Security and Governmental Affairs within seven
3 calendar days from the time the Inspector Gen-
4 eral receives the report together with a report
5 by the Inspector General at the Office identified
6 by the Integrity Committee containing any com-
7 ments such Inspector General deems appro-
8 priate.
9 ‘‘(15) RULE OF CONSTRUCTION.—
10 ‘‘(A) PUBLIC DISCLOSURE OF INFORMA-
11 TION.—Except as provided in subparagraph
12 (B), nothing in this subsection shall be con-
13 strued to authorize the public disclosure of in-
14 formation which is—
15 ‘‘(i) prohibited from disclosure by any
16 other provision of law;
17 ‘‘(ii) required by Executive order to be
18 protected from disclosure in the interest of
19 national defense or national security or in
20 the conduct of foreign affairs; or
21 ‘‘(iii) a part of an ongoing criminal in-
22 vestigation.
23 ‘‘(B) PROVISION OF REPORT TO REQUEST-
24 ING MEMBERS OF CONGRESS.—Subject to any
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1 hibit disclosure of such information, the infor-
2 mation described in subparagraph (A) may be
3 provided to any Member of Congress upon re-
4 quest of the Member.
5 ‘‘(16) PROHIBITED DISCLOSURES.—The Integ-
6 rity Committee may not provide or otherwise disclose
7 to Congress or the public any information that re-
8 veals the personally identifiable information of an in-
9 dividual who alleges wrongdoing to the Integrity
10 Committee under this subsection unless the Integrity
11 Committee first obtains the consent of the indi-
12 vidual.’’.
13 SEC. 406. MEMBERSHIP OF INTEGRITY COMMITTEE.
14 Section 11(d)(2) of the Inspector General Act of
15 1978 (5 U.S.C. App.) is amended—
16 (1) in subparagraph (A), by adding at the end
17 the following:
18 ‘‘(iv) The individual appointed under
19 subparagraph (C).’’; and
20 (2) by adding at the end the following:
21 ‘‘(C) APPOINTMENT OF FORMER INSPEC-
22 TOR GENERAL TO COMMITTEE.—
23 ‘‘(i) APPOINTMENT.—The Chair-
24 person of the Council shall appoint an indi-
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1 pointment served as an Inspector General
2 (as that position is described in section
3 3(a) and section 8G(a)(6)), and who has
4 upheld the highest standards of integrity
5 and professionalism while serving and since
6 leaving service as an Inspector General, as
7 determined by the Chairperson, to serve as
8 a member of the Committee unless no such
9 individual is available or willing to serve as
10 a member of the Committee at the time of
11 the appointment.
12 ‘‘(ii) INITIAL TERM.—The individual
13 appointed under clause (i) shall serve at
14 the pleasure of the Chairperson of the
15 Council for a 2-year term.
16 ‘‘(iii) ADDITIONAL TERM.—The Chair-
17 person of the Council may reappoint the
18 individual appointed under clause (i) to
19 serve at the pleasure of the Chairperson of
20 the Council for an additional term not to
21 exceed 2 years.
22 ‘‘(iv) COMPENSATION.—
23 ‘‘(I) SPECIAL GOVERNMENT EM-
24 DESIGNATION.—The indi-
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25 vidual appointed under clause (i) shall
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1 be considered a special government
2 employee pursuant to section 202(a)
3 of title 18, United States Code.
4 ‘‘(II) COMPENSATION AND TRAV-
5 EL EXPENSES.—An individual ap-
6 pointed under clause (i) may not re-
7 ceive compensation at a rate in excess
8 of the rate of basic pay for level IV of
9 the executive schedule under section
10 5315 of title 5, United States Code,
11 and any such individual, while en-
12 gaged in the performance of their du-
13 ties away from their homes or regular
14 places of business, may be allowed
15 travel expenses, including per diem in
16 lieu of subsistence, as authorized by
17 section 5703 of such title for persons
18 employed intermittently in the Gov-
19 ernment service.
20 ‘‘(III) ACCEPTANCE OF VOLUN-
21 TEER SERVICES.—The Chairperson of
22 the Council may accept volunteer serv-
23 ices from the individual appointed
24 under this subparagraph without re-
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1 gard to section 1342 of title 31,
2 United States Code.
3 ‘‘(IV) PROVISIONS RELATING TO
4 REEMPLOYMENT.—
5 ‘‘(aa) The Chairperson of
6 the Council may reemploy annu-
7 itants.
8 ‘‘(bb) The employment of
9 annuitants under this paragraph
10 shall be subject to the provisions
11 of section 9902(g) of title 5,
12 United States Code, as if the
13 Council was the Department of
14 Defense.’’.
15 SEC. 407. REQUIREMENT TO REFER ALLEGATIONS OF
16 WRONGDOING AGAINST INSPECTOR GEN-
17 ERAL TO INTEGRITY COMMITTEE.
18 (a) REQUIREMENT.—Section 11(d)(4) of the Inspec-
19 tor General Act of 1978 (5 U.S.C. App.) is amended—
20 (1) in subparagraph (A), in the heading, by
21 striking ‘‘REQUIREMENT’’ and inserting ‘‘ALLEGA-
22 TIONS AGAINST STAFF MEMBERS’’;
23 (2) by redesignating subparagraphs (B) and
24 (C) as subparagraphs (C) and (D), respectively; and
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1 (3) by inserting after subparagraph (A) the fol-
2 lowing:
3 ‘‘(B) ALLEGATIONS AGAINST INSPECTORS
4 GENERAL.—An Inspector General shall refer to
5 the Integrity Committee any allegation of
6 wrongdoing against that Inspector General.’’.
7 (b) TECHNICAL AND CONFORMING AMENDMENT.—
8 Section 11(d)(1) of the Inspector General Act of 1978 (5
9 U.S.C. App.) is amended by striking ‘‘(4)(C)’’ and insert-
10 ing ‘‘(4)(D)’’.
11 SEC. 408. REQUIREMENT TO REPORT FINAL DISPOSITION
12 TO CONGRESS.
13 Section 11(d)(8) of the Inspector General Act of
14 1978 (5 U.S.C. App.) is amended—
15 (1) in subparagraph (A)(iii), by inserting ‘‘con-
16 temporaneously with the submission of the report
17 under clause (ii),’’ before ‘‘submit’’; and
18 (2) in subparagraph (B), by inserting ‘‘, the
19 Committee on Homeland Security and Governmental
20 Affairs of the Senate, the Committee on Oversight
21 and Reform of the House of Representatives, and
22 other congressional committees of jurisdiction,’’ after
23 ‘‘Integrity Committee’’.
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1 TITLE V—ADDITIONAL AUTHOR-
2 ITY PROVISIONS FOR INSPEC-
3 TORS GENERAL
4 SEC. 501. SHORT TITLE.
5 This title may be cited as the ‘‘IG Subpoena Author-
6 ity Act’’.
7 SEC. 502. ADDITIONAL AUTHORITY PROVISIONS FOR IN-
8 SPECTORS GENERAL.
9 The Inspector General Act of 1978 (5 U.S.C. App.)
10 is amended—
11 (1) by inserting after section 6 the following
12 new section:
13 ‘‘SEC. 6A. ADDITIONAL AUTHORITY.
14 ‘‘(a) TESTIMONIAL SUBPOENA AUTHORITY.—In ad-
15 dition to the authority otherwise provided by this Act and
16 in accordance with the requirements of this section, each
17 Inspector General, in carrying out the provisions of this
18 Act (or in the case of an Inspector General or Special In-
19 spector General not established under this Act, the provi-
20 sions of the authorizing statute), is authorized to require
21 by subpoena the attendance and testimony of witnesses
22 as necessary in the performance of the functions assigned
23 to the Inspector General by this Act (or in the case of
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25 tablished under this Act, the functions assigned by the au-
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1 thorizing statute), which in the case of contumacy or re-
2 fusal to obey, such subpoena shall be enforceable by order
3 of any appropriate United States district court. An Inspec-
4 tor General may not require by subpoena the attendance
5 and testimony of any Federal employee or employee of a
6 designated Federal entity, but may use other authorized
7 procedures.
8 ‘‘(b) LIMITATION OF DELEGATION.—The authority
9 to issue a subpoena under subsection (a) may only be dele-
10 gated to an official performing the functions and duties
11 of the Inspector General when an Inspector General posi-
12 tion is vacant or when the Inspector General is unable to
13 perform the functions and duties of the Office.
14 ‘‘(c) PANEL REVIEW BEFORE ISSUANCE.—
15 ‘‘(1) APPROVAL REQUIRED.—
16 ‘‘(A) REQUEST FOR APPROVAL BY SUB-
17 POENA PANEL.—Before the issuance of a sub-
18 poena described in subsection (a), an Inspector
19 General shall submit a request for approval to
20 issue a subpoena to a panel (in this section, re-
21 ferred to as the ‘Subpoena Panel’), which shall
22 be comprised of three Inspectors General of the
23 Council of the Inspectors General on Integrity
24 and Efficiency, who shall be designated by the
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1 Inspector General serving as Chairperson of the
2 Council.
3 ‘‘(B) PROTECTION FROM DISCLOSURE.—
4 The information contained in the request sub-
5 mitted by an Inspector General under subpara-
6 graph (A) and the identification of a witness
7 shall be protected from disclosure to the extent
8 permitted by law. Any request for disclosure of
9 such information shall be submitted to the In-
10 spector General requesting the subpoena.
11 ‘‘(2) TIME TO RESPOND.—
12 ‘‘(A) IN GENERAL.—Except as provided in
13 subparagraph (B), the Subpoena Panel shall
14 approve or deny a request for approval to issue
15 a subpoena not later than 10 calendar days
16 after the submission of such request.
17 ‘‘(B) ADDITIONAL INFORMATION FOR
18 PANEL.—If the Subpoena Panel determines
19 that additional information is necessary to ap-
20 prove or deny a request submitted by an In-
21 spector General under paragraph (1)(A), the
22 Subpoena Panel shall request such information
23 from the Inspector General and shall approve or
24 deny the request submitted by the Inspector
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1 20 calendar days after the submission of the re-
2 quest under such paragraph.
3 ‘‘(3) DENIAL BY PANEL.—If a majority of the
4 Subpoena Panel denies the approval of a subpoena,
5 that subpoena may not be issued.
6 ‘‘(d) NOTICE TO ATTORNEY GENERAL.—
7 ‘‘(1) IN GENERAL.—If the Subpoena Panel ap-
8 proves a subpoena under subsection (c), the Inspec-
9 tor General shall notify the Attorney General that
10 the Inspector General intends to issue the subpoena.
11 ‘‘(2) DENIAL FOR INTERFERENCE WITH AN ON-
12 GOING INVESTIGATION.—Not later than 10 calendar
13 days after the date on which the Attorney General
14 is notified pursuant to paragraph (1), the Attorney
15 General may object to the issuance of the subpoena
16 because the subpoena will interfere with an ongoing
17 investigation and the subpoena may not be issued.
18 ‘‘(3) ISSUANCE OF SUBPOENA APPROVED.—If
19 the Attorney General declines to object or fails to
20 object to the issuance of the subpoena during the
21 10-day period described in paragraph (2), the In-
22 spector General may issue the subpoena.
23 ‘‘(e) GUIDELINES.—The Chairperson of the Council
24 of the Inspectors General on Integrity and Efficiency, in
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1 consultation with the Attorney General, shall prescribe
2 guidelines to carry out this section.
3 ‘‘(f) INSPECTOR GENERAL DEFINED.—For purposes
4 of this section, the term ‘Inspector General’ includes each
5 Inspector General established under this Act and each In-
6 spector General or Special Inspector General not estab-
7 lished under this Act.
8 ‘‘(g) APPLICABILITY.—The provisions of this section
9 shall not affect the exercise of authority by an Inspector
10 General of testimonial subpoena authority established
11 under another provision of law.’’;
12 (2) in section 5(a)—
13 (A) in paragraph (21)(B), by striking ‘‘;
14 and’’ and inserting a semicolon;
15 (B) in paragraph (22), by striking the pe-
16 riod at the end and inserting ‘‘; and’’; and
17 (C) by inserting at the end the following
18 new paragraph:
19 ‘‘(23) a description of the use of subpoenas for
20 the attendance and testimony of witnesses author-
21 ized under section 6A.’’; and
22 (3) in section 8G(g)(1), by inserting ‘‘6A,’’ be-
23 fore ‘‘and 7’’.
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1 TITLE VI—INVESTIGATIONS OF
2 DEPARTMENT OF JUSTICE
3 PERSONNEL
4 SEC. 601. SHORT TITLE.
5 This title may be cited as the ‘‘Inspector General Ac-
6 cess Act’’.
7 SEC. 602. INVESTIGATIONS OF DEPARTMENT OF JUSTICE
8 PERSONNEL.
9 Section 8E of the Inspector General Act of 1978 (5
10 U.S.C. App.) is amended—
11 (1) in subsection (b)—
12 (A) in paragraph (2), by striking ‘‘and
13 paragraph (3)’’;
14 (B) by striking paragraph (3);
15 (C) by redesignating paragraphs (4) and
16 (5) as paragraphs (3) and (4), respectively; and
17 (D) in paragraph (4), as redesignated, by
18 striking ‘‘paragraph (4)’’ and inserting ‘‘para-
19 graph (3)’’; and
20 (2) in subsection (d), by striking ‘‘, except with
21 respect to allegations described in subsection
22 (b)(3),’’.
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1 TITLE VII—OFFICE OF INSPEC-
2 TOR GENERAL WHISTLE-
3 BLOWER COMPLAINTS
4 SEC. 701. SHORT TITLE.
5 This title may be cited as the ‘‘Enhanced Whistle-
6 blower Engagement Act’’.
7 SEC. 702. OFFICE OF INSPECTOR GENERAL WHISTLE-
8 BLOWER COMPLAINTS.
9 (a) WHISTLEBLOWER PROTECTION COORDINATOR.—
10 Section 3(d)(1)(C) of the Inspector General Act of 1978
11 (5 U.S.C. App.) is amended—
12 (1) in clause (i), in the matter preceding sub-
13 clause (I), by inserting ‘‘, including employees of
14 that Office of Inspector General’’ after ‘‘employees’’;
15 and
16 (2) in clause (iii), by inserting ‘‘(including the
17 Integrity Committee of that Council)’’ after ‘‘and
18 Efficiency’’.
19 (b) COUNCIL OF THE INSPECTORS GENERAL ON IN-
20 TEGRITY AND EFFICIENCY.—Section 11(c)(5)(B) of the
21 Inspector General Act of 1978 (5 U.S.C. App.) is amended
22 by striking ‘‘, allegations of reprisal,’’ and inserting the
23 following: ‘‘and allegations of reprisal (including the timely
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1 disclosures and allegations of reprisal that are internal to
2 an Office of Inspector General)’’.
3 TITLE VIII—NOTICE OF ONGO-
4 ING INVESTIGATIONS WHEN
5 THERE IS A CHANGE IN STA-
6 TUS OF INSPECTOR GENERAL
7 SEC. 801. NOTICE OF ONGOING INVESTIGATIONS WHEN
8 THERE IS A CHANGE IN STATUS OF INSPEC-
9 TOR GENERAL.
10 (a) CHANGE IN STATUS OF INSPECTOR GENERAL OF
11 OFFICE.—Section 3 of the Inspector General Act of 1978
12 (5 U.S.C. App.) is amended by inserting at the end the
13 following:
14 ‘‘(h) Not later than 15 days after an Inspector Gen-
15 eral is removed, placed on paid or unpaid non-duty status,
16 or transferred to another position or location within an
17 establishment, the acting Inspector General shall submit
18 to the Committee on Oversight and Reform of the House
19 of Representatives and the Committee on Homeland Secu-
20 rity and Governmental Affairs of the Senate, a list of all
21 audits and investigations being conducted, supervised, co-
22 ordinated by the Office at the time the Inspector General
23 was removed, placed on paid or unpaid non-duty status,
24 or transferred.’’.
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1 (b) CHANGE IN STATUS OF INSPECTOR GENERAL OF
2 DESIGNATED FEDERAL ENTITY.—Section 8G(e) of the
3 Inspector General Act of 1978 (5 U.S.C. App.), as amend-
4 ed by section 202(c)(2), is further amended by inserting
5 at the end the following:
6 ‘‘(5) Not later than 15 days after an Inspector Gen-
7 eral is removed, placed on paid or unpaid non-duty status,
8 or transferred to another position or location within an
9 designated Federal entity, the acting Inspector General
10 shall submit to the Committee on Oversight and Reform
11 of the House of Representatives and the Committee on
12 Homeland Security and Governmental Affairs of the Sen-
13 ate, a list of all audits and investigations being conducted,
14 supervised, coordinated by the Office at the time the In-
15 spector General was removed, placed on paid or unpaid
16 non-duty status, or transferred.’’.
17 TITLE IX—COUNCIL OF THE IN-
18 SPECTORS GENERAL ON IN-
19 TEGRITY AND EFFICIENCY
20 APPROPRIATION
21 SEC. 901. CIGIE APPROPRIATION.
22 (a) AVAILABILITY OF APPROPRIATED FUNDS.—Sec-
23 tion 11(c)(3) of the Inspector General Act of 1978 (5
24 U.S.C. App.) is amended by adding at the end the fol-
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1 ‘‘(D) AUTHORIZATION OF APPROPRIA-
2 TIONS.—In addition to any funds available in
3 the Inspectors General Council Fund estab-
4 lished under subparagraph (B), there are au-
5 thorized to be appropriated such sums as may
6 be necessary, to remain available until ex-
7 pended, to carry out the functions and duties of
8 the Council under this subsection.’’.
9 (b) REMOVING COUNCIL FUNDING FROM INDI-
10 VIDUAL INSPECTOR GENERAL BUDGET REQUESTS.—Sec-
11 tion 6(g) of the Inspector General Act of 1978 is amend-
12 ed—
13 (1) in paragraph (1), by striking ‘‘, and any re-
14 sources necessary to support the Council of the In-
15 spectors General on Integrity and Efficiency. Re-
16 sources necessary to support the Council of the In-
17 spectors General on Integrity and Efficiency shall be
18 specifically identified and justified in the budget re-
19 quest’’; and
20 (2) in paragraph (2)—
21 (A) in subparagraph (B), by adding ‘‘and’’
22 after the semicolon;
23 (B) by striking subparagraph (C); and
24 (C) by redesignating subparagraph (D) as
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1 (c) EFFECTIVE DATE.—The amendments made by
2 subsection (b) shall take effect on the date that is 30 days
3 after the date of receipt by the Council of the Inspectors
4 General on Integrity and Efficiency of an appropriation
5 for the Council to carry out the functions and duties of
6 the Council under section 11 of the Inspector General Act
7 (5 U.S.C. App. 11), as amended under this section.
8TITLE X—NOTICE OF REFUSAL
9 TO PROVIDE INSPECTORS
10 GENERAL ACCESS
11 SEC. 1001. NOTICE OF REFUSAL TO PROVIDE INFORMATION
12 OR ASSISTANCE TO INSPECTORS GENERAL.
13 Section 6(c) of the Inspector General Act of 1978 (5
14 U.S.C. App.) is amended by adding at the end the fol-
15 lowing:
16 ‘‘(3) If the information or assistance that is the sub-
17 ject of a report under paragraph (2) is not provided to
18 the Inspector General by the date that is 30 days after
19 the report is made, the Inspector General shall submit a
20 notice that the information or assistance requested is
21 being unreasonably refused or not provided by the head
22 of the establishment involved or the head of the Federal
23 agency involved, as applicable, to—
24 ‘‘(A) the Committee in the House of Represent-
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1 risdiction over the establishment involved or the
2 Federal agency involved, as applicable;
3 ‘‘(B) the Committee on Oversight and Reform
4 of the House of Representatives; and
5 ‘‘(C) the Committee on Homeland Security and
6 Governmental Affairs of the Senate.’’.
7 TITLE XI—ENHANCEMENTS TO
8 INSPECTOR GENERAL TRAINING
9 SEC. 1101. SHORT TITLE.
10 This title may be cited as the ‘‘Inspector General
11 Training Enhancement Act’’.
12 SEC. 1102. ENHANCEMENTS TO INSPECTOR GENERAL
13 TRAINING.
14 Section 11(c)(1)(E) of the Inspector General Act of
15 1978 (5 U.S.C. App.) is amended by inserting ‘‘and estab-
16 lish minimum standards and best practices for training
17 to ensure all Inspectors General receive training to carry
18 out the duties, responsibilities, and authorities under this
19 Act, on emerging areas of the law of relevance to Inspec-
20 tors General and the work of their offices as identified
21 by the Council, and on the use of and process for the sus-
22 pension or debarment of persons for eligibility for Federal
23 contracts’’ after ‘‘Inspector General’’.
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1 TITLE XII—EQUITABLE PAY FOR
2 INSPECTORS GENERAL
3 SEC. 1201. EQUITABLE PAY FOR INSPECTORS GENERAL.
4 Section 3(e) of the Inspector General Act of 1978 (5
5 U.S.C. App.) is amended by inserting after ‘‘3 percent’’
6 the following: ‘‘or the rate of pay that is equal to the high-
7 est rate of basic pay of any other employee of the Office
8 of such Inspector General, whichever is higher’’.
9 TITLE XIII—REPORT
10 SEC. 1301. GAO REVIEW AND REPORT.
11 Not later than 1 year after the date of the enactment
12 of this Act, the Comptroller General shall—
13 (1) conduct a review that evaluates the effec-
14 tiveness of the processes of the Integrity Committee
15 of the Council of the Inspectors General on Integrity
16 and Efficiency, and the processes of Offices of In-
17 spector General, respectively, for ensuring that In-
18 spectors General—
19 (A) are held accountable through the inves-
20 tigation of allegations of wrongdoing, including
21 allegations of misconduct, abuse of authority, or
22 other malfeasance, that are made against such
23 Inspectors General; and
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24 (B) meet relevant standards for integrity
25 and independence;
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1 (2) identify recommendations with respect to—
2 (A) enhancing accountability for Inspectors
3 General; and
4 (B) ensuring that Inspectors General meet
5 relevant standards for integrity and independ-
6 ence; and
7 (3) issue a report—
8 (A) on the results of the review required by
9 paragraph (1); and
10 (B) that contains any recommendations
11 identified under paragraph (2).
12 TITLE XIV—BUDGETARY
13 EFFECTS
14 SEC. 1401. DETERMINATION OF BUDGETARY EFFECTS.
15 The budgetary effects of this Act, for the purpose of
16 complying with the Statutory Pay-As-You-Go Act of 2010,
17 shall be determined by reference to the latest statement
18 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this
19 Act, submitted for printing in the Congressional Record
20 by the Chairman of the House Budget Committee, pro-
21 vided that such statement has been submitted prior to the
22 vote on passage.
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1 TITLE XV—SEVERABILITY
2 SEC. 1501. SEVERABILITY.
3 If any provision of this Act (or the application of that
4 provision to particular persons or circumstances) is held
5 invalid or found to be unconstitutional the remainder of
6 this Act (or the application of that provision to other per-
7 sons or circumstances) shall not be affected.
8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
9 (a) SHORT TITLE.—This Act may be cited as the ‘‘In-
10 spector General Independence and Empowerment Act of
11 2021’’.
12 (b) TABLE OF CONTENTS.—The table of contents for
13 this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INSPECTOR GENERAL INDEPENDENCE
Sec. 101. Short title.
Sec. 102. Removal or transfer of inspectors general; placement on non-duty sta-
tus.
Sec. 103. Vacancy in position of inspector general.
Sec. 104. Office of inspector general whistleblower complaints.
TITLE II—PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE
AN INSPECTOR GENERAL
Sec. 201. Presidential explanation of failure to nominate an inspector general.
TITLE III—INTEGRITY COMMITTEE OF THE COUNCIL OF INSPEC-
TORS GENERAL ON INTEGRITY AND EFFICIENCY TRANSPARENCY
Sec. 301. Short title.
Sec. 302. Additional information to be included in requests and reports to Con-
gress.
Sec. 303. Availability of information to Congress on certain allegations of wrong-
doing closed without referral.
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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.
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TITLE IV—TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS
GENERAL
Sec. 401. Short title.
Sec. 402. Additional authority provisions for inspectors general.
Sec. 403. Review by the comptroller general.
TITLE V—INVESTIGATIONS OF DEPARTMENT OF JUSTICE
PERSONNEL
Sec. 501. Short title.
Sec. 502. Investigations of Department of Justice personnel.
TITLE VI—NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS
A CHANGE IN STATUS OF INSPECTOR GENERAL
Sec. 601. Notice of ongoing investigations when there is a change in status of In-
spector General.
TITLE VII—COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY
AND EFFICIENCY REPORT ON EXPENDITURES
Sec. 701. CIGIE report on expenditures.
TITLE VIII—NOTICE OF REFUSAL TO PROVIDE INSPECTORS
GENERAL ACCESS
Sec. 801. Notice of refusal to provide information or assistance to inspectors gen-
eral.
TITLE IX—TRAINING RESOURCES FOR INSPECTORS GENERAL AND
OTHER MATTERS
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 orga-
nizations or business entities.
Sec. 905. Review relating to vetting, processing, and resettlement of evacuees from
Afghanistan and the Afghanistan special immigrant visa pro-
gram.
1 TITLE I—INSPECTOR GENERAL
2 INDEPENDENCE
3 SEC. 101. SHORT TITLE.
4 This title may be cited as the ‘‘Securing Inspector Gen-
5 eral Independence Act of 2021’’.
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1 SEC. 102. REMOVAL OR TRANSFER OF INSPECTORS GEN-
2 ERAL; PLACEMENT ON NON-DUTY STATUS.
3 (a) IN GENERAL.—The Inspector General Act of 1978
4 (5 U.S.C. App.) is amended—
5 (1) in section 3(b)—
6 (A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’;
7 (B) in paragraph (1), as so designated—
8 (i) in subparagraph (A), as so des-
9 ignated, in the second sentence—
10 (I) by striking ‘‘reasons’’ and in-
11 serting the following: ‘‘substantive ra-
12 tionale, including detailed and case-
13 specific reasons,’’; and
14 (II) by inserting ‘‘(including to
15 the appropriate congressional commit-
16 tees)’’ after ‘‘Houses of Congress’’; and
17 (ii) by adding at the end the following:
18 ‘‘(B) If there is an open or completed inquiry into an
19 Inspector General that relates to the removal or transfer of
20 the Inspector General under subparagraph (A), the written
21 communication required under that subparagraph shall—
22 ‘‘(i) identify each entity that is conducting, or
23 that conducted, the inquiry; and
24 ‘‘(ii) in the case of a completed inquiry, contain
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25 the findings made during the inquiry.’’; and
26 (C) by adding at the end the following:
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1 ‘‘(2)(A) Subject to the other provisions of this para-
2 graph, only the President may place an Inspector General
3 on non-duty status.
4 ‘‘(B) If the President places an Inspector General on
5 non-duty status, the President shall communicate in writ-
6 ing the substantive rationale, including detailed and case-
7 specific reasons, for the change in status to both Houses of
8 Congress (including to the appropriate congressional com-
9 mittees) not later than 15 days before the date on which
10 the change in status takes effect, except that the President
11 may submit that communication not later than the date
12 on which the change in status takes effect if—
13 ‘‘(i) the President has made a determination that
14 the continued presence of the Inspector General in the
15 workplace poses a threat described in any of clauses
16 (i) through (iv) of section 6329b(b)(2)(A) of title 5,
17 United States Code; and
18 ‘‘(ii) in the communication, the President in-
19 cludes a report on the determination described in
20 clause (i), which shall include—
21 ‘‘(I) a specification of which clause of sec-
22 tion 6329b(b)(2)(A) of title 5, United States
23 Code, the President has determined applies
24 under clause (i) of this subparagraph;
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1 ‘‘(II) the substantive rationale, including
2 detailed and case-specific reasons, for the deter-
3 mination made under clause (i);
4 ‘‘(III) an identification of each entity that
5 is conducting, or that conducted, any inquiry
6 upon which the determination under clause (i)
7 was made; and
8 ‘‘(IV) in the case of an inquiry described in
9 subclause (III) that is completed, the findings
10 made during that inquiry.
11 ‘‘(C) The President may not place an Inspector Gen-
12 eral on non-duty status during the 30-day period preceding
13 the date on which the Inspector General is removed or
14 transferred under paragraph (1)(A) unless the President—
15 ‘‘(i) has made a determination that the contin-
16 ued presence of the Inspector General in the workplace
17 poses a threat described in any of clauses (i) through
18 (iv) of section 6329b(b)(2)(A) of title 5, United States
19 Code; and
20 ‘‘(ii) not later than the date on which the change
21 in status takes effect, submits to both Houses of Con-
22 gress (including to the appropriate congressional com-
23 mittees) a written communication that contains the
24 information required under subparagraph (B), in-
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1 cluding the report required under clause (ii) of that
2 subparagraph.
3 ‘‘(D) For the purposes of this paragraph—
4 ‘‘(i) the term ‘Inspector General’—
5 ‘‘(I) means an Inspector General who was
6 appointed by the President, without regard to
7 whether the Senate provided advice and consent
8 with respect to that appointment; and
9 ‘‘(II) includes the Inspector General of an
10 establishment, the Inspector General of the Intel-
11 ligence Community, the Inspector General of the
12 Central Intelligence Agency, the Special Inspec-
13 tor General for Afghanistan Reconstruction, the
14 Special Inspector General for the Troubled Asset
15 Relief Program, and the Special Inspector Gen-
16 eral for Pandemic Recovery; and
17 ‘‘(ii) a reference to the removal or transfer of an
18 Inspector General under paragraph (1), or to the
19 written communication described in that paragraph,
20 shall be considered to be—
21 ‘‘(I) in the case of the Inspector General of
22 the Intelligence Community, a reference to sec-
23 tion 103H(c)(4) of the National Security Act of
24 1947 (50 U.S.C. 3033(c)(4));
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1 ‘‘(II) in the case of the Inspector General of
2 the Central Intelligence Agency, a reference to
3 section 17(b)(6) of the Central Intelligence Agen-
4 cy Act of 1949 (50 U.S.C. 3517(b)(6));
5 ‘‘(III) in the case of the Special Inspector
6 General for Afghanistan Reconstruction, a ref-
7 erence to section 1229(c)(6) of the National De-
8 fense Authorization Act for Fiscal Year 2008
9 (Public Law 110–181; 122 Stat. 378);
10 ‘‘(IV) in the case of the Special Inspector
11 General for the Troubled Asset Relief Program, a
12 reference to section 121(b)(4) of the Emergency
13 Economic Stabilization Act of 2008 (12 U.S.C.
14 5231(b)(4)); and
15 ‘‘(V) in the case of the Special Inspector
16 General for Pandemic Recovery, a reference to
17 section 4018(b)(3) of the CARES Act (15 U.S.C.
18 9053(b)(3)).’’; and
19 (2) in section 8G(e)—
20 (A) in paragraph (1), by inserting ‘‘or
21 placement on non-duty status’’ after ‘‘a re-
22 moval’’;
23 (B) in paragraph (2)—
24 (i) by inserting ‘‘(A)’’ after ‘‘(2)’’;
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1 (ii) in subparagraph (A), as so des-
2 ignated, in the first sentence—
3 (I) by striking ‘‘reasons’’ and in-
4 serting the following: ‘‘substantive ra-
5 tionale, including detailed and case-
6 specific reasons,’’; and
7 (II) by inserting ‘‘(including to
8 the appropriate congressional commit-
9 tees)’’ after ‘‘Houses of Congress’’; and
10 (iii) by adding at the end the fol-
11 lowing:
12 ‘‘(B) If there is an open or completed inquiry into an
13 Inspector General that relates to the removal or transfer of
14 the Inspector General under subparagraph (A), the written
15 communication required under that subparagraph shall—
16 ‘‘(i) identify each entity that is conducting, or
17 that conducted, the inquiry; and
18 ‘‘(ii) in the case of a completed inquiry, contain
19 the findings made during the inquiry.’’; and
20 (C) by adding at the end the following:
21 ‘‘(3)(A) Subject to the other provisions of this para-
22 graph, only the head of the applicable designated Federal
23 entity (referred to in this paragraph as the ‘covered offi-
24 cial’) may place an Inspector General on non-duty status.
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1 ‘‘(B) If a covered official places an Inspector General
2 on non-duty status, the covered official shall communicate
3 in writing the substantive rationale, including detailed and
4 case-specific reasons, for the change in status to both Houses
5 of Congress (including to the appropriate congressional
6 committees) not later than 15 days before the date on which
7 the change in status takes effect, except that the covered offi-
8 cial may submit that communication not later than the
9 date on which the change in status takes effect if—
10 ‘‘(i) the covered official has made a determina-
11 tion that the continued presence of the Inspector Gen-
12 eral in the workplace poses a threat described in any
13 of clauses (i) through (iv) of section 6329b(b)(2)(A) of
14 title 5, United States Code; and
15 ‘‘(ii) in the communication, the covered official
16 includes a report on the determination described in
17 clause (i), which shall include—
18 ‘‘(I) a specification of which clause of sec-
19 tion 6329b(b)(2)(A) of title 5, United States
20 Code, the covered official has determined applies
21 under clause (i) of this subparagraph;
22 ‘‘(II) the substantive rationale, including
23 detailed and case-specific reasons, for the deter-
24 mination made under clause (i);
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1 ‘‘(III) an identification of each entity that
2 is conducting, or that conducted, any inquiry
3 upon which the determination under clause (i)
4 was made; and
5 ‘‘(IV) in the case of an inquiry described in
6 subclause (III) that is completed, the findings
7 made during that inquiry.
8 ‘‘(C) A covered official may not place an Inspector
9 General on non-duty status during the 30-day period pre-
10 ceding the date on which the Inspector General is removed
11 or transferred under paragraph (2)(A) unless the covered
12 official—
13 ‘‘(i) has made a determination that the contin-
14 ued presence of the Inspector General in the workplace
15 poses a threat described in any of clauses (i) through
16 (iv) of section 6329b(b)(2)(A) of title 5, United States
17 Code; and
18 ‘‘(ii) not later than the date on which the change
19 in status takes effect, submits to both Houses of Con-
20 gress (including to the appropriate congressional com-
21 mittees) a written communication that contains the
22 information required under subparagraph (B), in-
23 cluding the report required under clause (ii) of that
24 subparagraph.
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1 ‘‘(D) Nothing in this paragraph may be construed to
2 limit or otherwise modify—
3 ‘‘(i) any statutory protection that is afforded to
4 an Inspector General; or
5 ‘‘(ii) any other action that a covered official may
6 take under law with respect to an Inspector Gen-
7 eral.’’.
8 (b) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
9 tion 12(3) of the Inspector General Act of 1978 (5 U.S.C.
10 App.) is amended by inserting ‘‘except as otherwise ex-
11 pressly provided,’’ before ‘‘the term’’.
12 SEC. 103. VACANCY IN POSITION OF INSPECTOR GENERAL.
13 (a) IN GENERAL.—Section 3 of the Inspector General
14 Act of 1978 (5 U.S.C. App.) is amended by adding at the
15 end the following:
16 ‘‘(h)(1) In this subsection—
17 ‘‘(A) the term ‘first assistant to the position of
18 Inspector General’ means, with respect to an Office of
19 Inspector General—
20 ‘‘(i) an individual who, as of the day before
21 the date on which the Inspector General dies, re-
22 signs, or otherwise becomes unable to perform the
23 functions and duties of that position—
24 ‘‘(I) is serving in a position in that
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1 ‘‘(II) has been designated in writing by
2 the Inspector General, through an order of
3 succession or otherwise, as the first assistant
4 to the position of Inspector General; or
5 ‘‘(ii) if the Inspector General has not made
6 a designation described in clause (i)(II)—
7 ‘‘(I) the Principal Deputy Inspector
8 General of that Office, as of the day before
9 the date on which the Inspector General
10 dies, resigns, or otherwise becomes unable to
11 perform the functions and duties of that po-
12 sition; or
13 ‘‘(II) if there is no Principal Deputy
14 Inspector General of that Office, the Deputy
15 Inspector General of that Office, as of the
16 day before the date on which the Inspector
17 General dies, resigns, or otherwise becomes
18 unable to perform the functions and duties
19 of that position; and
20 ‘‘(B) the term ‘Inspector General’—
21 ‘‘(i) means an Inspector General who is ap-
22 pointed by the President, by and with the advice
23 and consent of the Senate; and
24 ‘‘(ii) includes the Inspector General of an
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1 ligence Community, the Inspector General of the
2 Central Intelligence Agency, the Special Inspec-
3 tor General for the Troubled Asset Relief Pro-
4 gram, and the Special Inspector General for
5 Pandemic Recovery.
6 ‘‘(2) If an Inspector General dies, resigns, or is other-
7 wise unable to perform the functions and duties of the posi-
8 tion—
9 ‘‘(A) section 3345(a) of title 5, United States
10 Code, and section 103(e) of the National Security Act
11 of 1947 (50 U.S.C. 3025(e)) shall not apply;
12 ‘‘(B) subject to paragraph (4), the first assistant
13 to the position of Inspector General shall perform the
14 functions and duties of the Inspector General tempo-
15 rarily in an acting capacity subject to the time limi-
16 tations of section 3346 of title 5, United States Code;
17 and
18 ‘‘(C) notwithstanding subparagraph (B), and
19 subject to paragraphs (4) and (5), the President (and
20 only the President) may direct an officer or employee
21 of any Office of an Inspector General to perform the
22 functions and duties of the Inspector General tempo-
23 rarily in an acting capacity subject to the time limi-
24 tations of section 3346 of title 5, United States Code,
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1 ‘‘(i) during the 365-day period preceding
2 the date of death, resignation, or beginning of in-
3 ability to serve of the Inspector General, the offi-
4 cer or employee served in a position in an Office
5 of an Inspector General for not less than 90
6 days, except that—
7 ‘‘(I) the requirement under this clause
8 shall not apply if the officer is an Inspector
9 General; and
10 ‘‘(II) for the purposes of this subpara-
11 graph, performing the functions and duties
12 of an Inspector General temporarily in an
13 acting capacity does not qualify as service
14 in a position in an Office of an Inspector
15 General;
16 ‘‘(ii) the rate of pay for the position of the
17 officer or employee described in clause (i) is
18 equal to or greater than the minimum rate of
19 pay payable for a position at GS–15 of the Gen-
20 eral Schedule;
21 ‘‘(iii) the officer or employee has dem-
22 onstrated ability in accounting, auditing, finan-
23 cial analysis, law, management analysis, public
24 administration, or investigations; and
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1 ‘‘(iv) not later than 30 days before the date
2 on which the direction takes effect, the President
3 communicates in writing to both Houses of Con-
4 gress (including to the appropriate congressional
5 committees) the substantive rationale, including
6 the detailed and case-specific reasons, for such
7 direction, including the reason for the direction
8 that someone other than the individual who is
9 performing the functions and duties of the In-
10 spector General temporarily in an acting capac-
11 ity (as of the date on which the President issues
12 that direction) perform those functions and du-
13 ties temporarily in an acting capacity.
14 ‘‘(3) Notwithstanding section 3345(a) of title 5, United
15 States Code, section 103(e) of the National Security Act of
16 1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C)
17 of paragraph (2), and subject to paragraph (4), during any
18 period in which an Inspector General is on non-duty sta-
19 tus—
20 ‘‘(A) the first assistant to the position of Inspec-
21 tor General shall perform the functions and duties of
22 the position temporarily in an acting capacity subject
23 to the time limitations of section 3346 of title 5,
24 United States Code; and
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1 ‘‘(B) if the first assistant described in subpara-
2 graph (A) dies, resigns, or becomes otherwise unable
3 to perform those functions and duties, the President
4 (and only the President) may direct an officer or em-
5 ployee in that Office of Inspector General to perform
6 those functions and duties temporarily in an acting
7 capacity, subject to the time limitations of section
8 3346 of title 5, United States Code, if—
9 ‘‘(i) that direction satisfies the requirements
10 under clauses (ii), (iii), and (iv) of paragraph
11 (2)(C); and
12 ‘‘(ii) that officer or employee served in a po-
13 sition in that Office of Inspector General for not
14 fewer than 90 of the 365 days preceding the date
15 on which the President makes that direction.
16 ‘‘(4) An individual may perform the functions and du-
17 ties of an Inspector General temporarily and in an acting
18 capacity under subparagraph (B) or (C) of paragraph (2),
19 or under paragraph (3), with respect to only 1 Inspector
20 General position at any given time.
21 ‘‘(5) If the President makes a direction under para-
22 graph (2)(C), during the 30-day period preceding the date
23 on which the direction of the President takes effect, the func-
24 tions and duties of the position of the applicable Inspector
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25 General shall be performed by—
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1 ‘‘(A) the first assistant to the position of Inspec-
2 tor General; or
3 ‘‘(B) the individual performing those functions
4 and duties temporarily in an acting capacity, as of
5 the date on which the President issues that direction,
6 if that individual is an individual other than the
7 first assistant to the position of Inspector General.’’.
8 (b) RULE OF CONSTRUCTION.—Nothing in the amend-
9 ment made by subsection (a) may be construed to limit the
10 applicability of sections 3345 through 3349d of title 5,
11 United States Code (commonly known as the ‘‘Federal Va-
12 cancies Reform Act of 1998’’), other than with respect to
13 section 3345(a) of that title.
14 (c) EFFECTIVE DATE.—
15 (1) DEFINITION.—In this subsection, the term
16 ‘‘Inspector General’’ has the meaning given the term
17 in subsection (h)(1)(B) of section 3 of the Inspector
18 General Act of 1978 (5 U.S.C. App.), as added by
19 subsection (a) of this section.
20 (2) APPLICABILITY.—
21 (A) IN GENERAL.—Except as provided in
22 subparagraph (B), this section, and the amend-
23 ments made by this section, shall take effect on
24 the date of enactment of this Act.
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1 (B) EXISTING VACANCIES.—If, as of the
2 date of enactment of this Act, an individual is
3 performing the functions and duties of an In-
4 spector General temporarily in an acting capac-
5 ity, this section, and the amendments made by
6 this section, shall take effect with respect to that
7 Inspector General position on the date that is 30
8 days after the date of enactment of this Act.
9 SEC. 104. OFFICE OF INSPECTOR GENERAL WHISTLE-
10 BLOWER COMPLAINTS.
11 (a) WHISTLEBLOWER PROTECTION COORDINATOR.—
12 Section 3(d)(1)(C) of the Inspector General Act of 1978 (5
13 U.S.C. App.) is amended—
14 (1) in clause (i), in the matter preceding sub-
15 clause (I), by inserting ‘‘, including employees of that
16 Office of Inspector General’’ after ‘‘employees’’; and
17 (2) in clause (iii), by inserting ‘‘(including the
18 Integrity Committee of that Council)’’ after ‘‘and Ef-
19 ficiency’’.
20 (b) COUNCIL OF THE INSPECTORS GENERAL ON IN-
21 TEGRITY AND EFFICIENCY.—Section 11(c)(5)(B) of the In-
22 spector General Act of 1978 (5 U.S.C. App.) is amended
23 by striking ‘‘, allegations of reprisal,’’ and inserting the fol-
24 lowing: ‘‘and allegations of reprisal (including the timely
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25 and appropriate handling and consideration of protected
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1 disclosures and allegations of reprisal that are internal to
2 an Office of Inspector General)’’.
3 TITLE II—PRESIDENTIAL EXPLA-
4 NATION OF FAILURE TO
5 NOMINATE AN INSPECTOR
6 GENERAL
7 SEC. 201. PRESIDENTIAL EXPLANATION OF FAILURE TO
8 NOMINATE AN INSPECTOR GENERAL.
9 (a) IN GENERAL.—Subchapter III of chapter 33 of
10 title 5, United States Code, is amended by inserting after
11 section 3349d the following:
12 ‘‘§ 3349e. Presidential explanation of failure to nomi-
13 nate an inspector general
14 ‘‘If the President fails to make a formal nomination
15 for a vacant inspector general position that requires a for-
16 mal nomination by the President to be filled within the pe-
17 riod beginning on the later of the date on which the vacancy
18 occurred or on which a nomination is rejected, withdrawn,
19 or returned, and ending on the day that is 210 days after
20 that date, the President shall communicate, within 30 days
21 after the end of such period and not later than June 1 of
22 each year thereafter, to the appropriate congressional com-
23 mittees, as defined in section 12 of the Inspector General
24 Act of 1978 (5 U.S.C. App.)—
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1 ‘‘(1) the reasons why the President has not yet
2 made a formal nomination; and
3 ‘‘(2) a target date for making a formal nomina-
4 tion.’’.
5 (b) TECHNICAL AND CONFORMING AMENDMENT.—The
6 table of sections for subchapter III of chapter 33 of title
7 5, United States Code, is amended by inserting after the
8 item relating to section 3349d the following:
‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’.
9 (c) EFFECTIVE DATE.—The amendment made by sub-
10 section (a) shall take effect—
11 (1) on the date of enactment of this Act with re-
12 spect to any vacancy first occurring on or after that
13 date; and
14 (2) on the day that is 210 days after the date of
15 enactment of this Act with respect to any vacancy
16 that occurred before the date of enactment of this Act.
17 TITLE III—INTEGRITY COM-
18 MITTEE OF THE COUNCIL OF
19 INSPECTORS GENERAL ON IN-
20 TEGRITY AND EFFICIENCY
21 TRANSPARENCY
22 SEC. 301. SHORT TITLE.
23 This title may be cited as the ‘‘Integrity Committee
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24 Transparency Act of 2021’’.
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1 SEC. 302. ADDITIONAL INFORMATION TO BE INCLUDED IN
2 REQUESTS AND REPORTS TO CONGRESS.
3 Section 11(d) of the Inspector General Act of 1978 (5
4 U.S.C. App.) is amended—
5 (1) in paragraph (5)(B)(ii), by striking the pe-
6 riod at the end and inserting ‘‘, the length of time the
7 Integrity Committee has been evaluating the allega-
8 tion of wrongdoing, and a description of any previous
9 written notice provided under this clause with respect
10 to the allegation of wrongdoing, including the descrip-
11 tion provided for why additional time was needed.’’;
12 and
13 (2) in paragraph (8)(A)(ii), by inserting ‘‘or
14 corrective action’’ after ‘‘disciplinary action’’.
15 SEC. 303. AVAILABILITY OF INFORMATION TO CONGRESS
16 ON CERTAIN ALLEGATIONS OF WRONGDOING
17 CLOSED WITHOUT REFERRAL.
18 Section 11(d)(5)(B) of the Inspector General Act of
19 1978 (5 U.S.C. App.) is amended by adding at the end the
20 following:
21 ‘‘(iii) AVAILABILITY OF INFORMATION
22 TO CONGRESS ON CERTAIN ALLEGATIONS OF
23 WRONGDOING CLOSED WITHOUT REFER-
24 RAL.—
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25 ‘‘(I) IN GENERAL.—With respect
26 to an allegation of wrongdoing made
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1 by a member of Congress that is closed
2 by the Integrity Committee without re-
3 ferral to the Chairperson of the Integ-
4 rity Committee to initiate an inves-
5 tigation, the Chairperson of the Integ-
6 rity Committee shall, not later than 60
7 days after closing the allegation of
8 wrongdoing, provide a written descrip-
9 tion of the nature of the allegation of
10 wrongdoing and how the Integrity
11 Committee evaluated the allegation of
12 wrongdoing to—
13 ‘‘(aa) the Chair and Ranking
14 Minority Member of the Com-
15 mittee on Homeland Security and
16 Governmental Affairs of the Sen-
17 ate; and
18 ‘‘(bb) the Chair and Ranking
19 Minority Member of the Com-
20 mittee on Oversight and Reform
21 of the House of Representatives.
22 ‘‘(II) REQUIREMENT TO FOR-
23 WARD.—The Chairperson of the Integ-
24 rity Committee shall forward any
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1 under this clause to the members of the
2 Integrity Committee and to the Chair-
3 person of the Council.’’.
4 SEC. 304. SEMIANNUAL REPORT.
5 Section 11(d)(9) of the Inspector General Act of 1978
6 (5 U.S.C. App.) is amended to read as follows:
7 ‘‘(9) SEMIANNUAL REPORT.—On or before May
8 31, 2022, and every 6 months thereafter, the Council
9 shall submit to Congress and the President a report
10 on the activities of the Integrity Committee during
11 the immediately preceding 6-month periods ending
12 March 31 and September 30, which shall include the
13 following with respect to allegations of wrongdoing
14 that are made against Inspectors General and staff
15 members of the various Offices of Inspector General
16 described in paragraph (4)(C):
17 ‘‘(A) An overview and analysis of the alle-
18 gations of wrongdoing disposed of by the Integ-
19 rity Committee, including—
20 ‘‘(i) analysis of the positions held by
21 individuals against whom allegations were
22 made, including the duties affiliated with
23 such positions;
24 ‘‘(ii) analysis of the categories or types
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1 ‘‘(iii) a summary of disposition of all
2 the allegations.
3 ‘‘(B) The number of allegations received by
4 the Integrity Committee.
5 ‘‘(C) The number of allegations referred to
6 the Department of Justice or the Office of Spe-
7 cial Counsel, including the number of allegations
8 referred for criminal investigation.
9 ‘‘(D) The number of allegations referred to
10 the Chairperson of the Integrity Committee for
11 investigation, a general description of the status
12 of such investigations, and a summary of the
13 findings of investigations completed.
14 ‘‘(E) An overview and analysis of allega-
15 tions of wrongdoing received by the Integrity
16 Committee during any previous reporting pe-
17 riod, but remained pending during some part of
18 the six months covered by the report, including—
19 ‘‘(i) analysis of the positions held by
20 individuals against whom allegations were
21 made, including the duties affiliated with
22 such positions;
23 ‘‘(ii) analysis of the categories or types
24 of the allegations of wrongdoing; and
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1 ‘‘(iii) a summary of disposition of all
2 the allegations.
3 ‘‘(F) The number and category or type of
4 pending investigations.
5 ‘‘(G) For each allegation received—
6 ‘‘(i) the date on which the investigation
7 was opened;
8 ‘‘(ii) the date on which the allegation
9 was disposed of, as applicable; and
10 ‘‘(iii) the case number associated with
11 the allegation.
12 ‘‘(H) The nature and number of allegations
13 to the Integrity Committee closed without refer-
14 ral, including the justification for why each alle-
15 gation was closed without referral.
16 ‘‘(I) A brief description of any difficulty en-
17 countered by the Integrity Committee when re-
18 ceiving, evaluating, investigating, or referring
19 for investigation an allegation received by the
20 Integrity Committee, including a brief descrip-
21 tion of—
22 ‘‘(i) any attempt to prevent or hinder
23 an investigation; or
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1 ‘‘(ii) concerns about the integrity or
2 operations at an Office of Inspector Gen-
3 eral.
4 ‘‘(J) Other matters that the Council con-
5 siders appropriate.’’.
6 SEC. 305. ADDITIONAL REPORTS.
7 Section 5 of the Inspector General Act of 1978 (5
8 U.S.C. App.) is amended—
9 (1) by redesignating subsections (e) and (f) as
10 subsections (g) and (h), respectively; and
11 (2) by inserting after subsection (d) the fol-
12 lowing:
13 ‘‘(e) ADDITIONAL REPORTS.—
14 ‘‘(1) REPORT TO INSPECTOR GENERAL.—The
15 Chairperson of the Integrity Committee of the Council
16 of the Inspectors General on Integrity and Efficiency
17 shall, immediately whenever the Chairperson of the
18 Integrity Committee becomes aware of particularly se-
19 rious or flagrant problems, abuses, or deficiencies re-
20 lating to the administration of programs and oper-
21 ations of an Office of Inspector General for which the
22 Integrity Committee may receive, review, and refer
23 for investigation allegations of wrongdoing under sec-
24 tion 11(d), submit a report to the Inspector General
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1 who leads the Office at which the serious or flagrant
2 problems, abuses, or deficiencies were alleged.
3 ‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND
4 THE ESTABLISHMENT.—Not later than 7 days after
5 the date on which an Inspector General receives a re-
6 port submitted under paragraph (1), the Inspector
7 General shall submit to the President, the appropriate
8 congressional committees, and the head of the estab-
9 lishment—
10 ‘‘(A) the report received under paragraph
11 (1); and
12 ‘‘(B) a report by the Inspector General con-
13 taining any comments the Inspector General de-
14 termines appropriate.’’.
15 SEC. 306. REQUIREMENT TO REPORT FINAL DISPOSITION
16 TO CONGRESS.
17 Section 11(d)(8)(B) of the Inspector General Act of
18 1978 (5 U.S.C. App.) is amended by inserting ‘‘and the
19 appropriate congressional committees’’ after ‘‘Integrity
20 Committee’’.
21 SEC. 307. INVESTIGATIONS OF OFFICES OF INSPECTORS
22 GENERAL OF ESTABLISHMENTS BY THE IN-
23 TEGRITY COMMITTEE.
24 Section 11(d)(7)(B)(i)(V) of the Inspector General Act
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1 that an investigation of an Office of Inspector General of
2 an establishment is conducted by another Office of Inspector
3 General of an establishment’’ after ‘‘size’’.
4 TITLE IV—TESTIMONIAL SUB-
5 POENA AUTHORITY FOR IN-
6 SPECTORS GENERAL
7 SEC. 401. SHORT TITLE.
8 This title may be cited as the ‘‘IG Testimonial Sub-
9 poena Authority Act’’.
10 SEC. 402. ADDITIONAL AUTHORITY PROVISIONS FOR IN-
11 SPECTORS GENERAL.
12 The Inspector General Act of 1978 (5 U.S.C. App.) is
13 amended—
14 (1) by inserting after section 6 the following:
15 ‘‘SEC. 6A. ADDITIONAL AUTHORITY.
16 ‘‘(a) DEFINITIONS.—In this section—
17 ‘‘(1) the term ‘Chairperson’ means the Chair-
18 person of the Council of the Inspectors General on In-
19 tegrity and Efficiency;
20 ‘‘(2) the term ‘Inspector General’—
21 ‘‘(A) means an Inspector General of an es-
22 tablishment or a designated Federal entity (as
23 defined in section 8G(a)); and
24 ‘‘(B) includes—
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1 ‘‘(i) the Inspector General of the Cen-
2 tral Intelligence Agency established under
3 section 17 of the Central Intelligence Agency
4 Act of 1949 (50 U.S.C. 3517);
5 ‘‘(ii) the Inspector General of the Intel-
6 ligence Community established under sec-
7 tion 103H of the National Security Act of
8 1947 (50 U.S.C. 3033);
9 ‘‘(iii) the Special Inspector General for
10 Afghanistan Reconstruction established
11 under section 1229 of the National Defense
12 Authorization Act for Fiscal Year 2008
13 (Public Law 110–181; 122 Stat. 379);
14 ‘‘(iv) the Special Inspector General for
15 the Troubled Asset Relief Plan established
16 under section 121 of the Emergency Eco-
17 nomic Stabilization Act of 2008 (12 U.S.C.
18 5231); and
19 ‘‘(v) the Special Inspector General for
20 Pandemic Recovery established under sec-
21 tion 4018 of the CARES Act (15 U.S.C.
22 9053); and
23 ‘‘(3) the term ‘Subpoena Panel’ means the panel
24 to which requests for approval to issue a subpoena are
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1 ‘‘(b) TESTIMONIAL SUBPOENA AUTHORITY.—
2 ‘‘(1) IN GENERAL.—In addition to the authority
3 otherwise provided by this Act and in accordance
4 with the requirements of this section, each Inspector
5 General, in carrying out the provisions of this Act or
6 the provisions of the authorizing statute of the Inspec-
7 tor General, as applicable, is authorized to require by
8 subpoena the attendance and testimony of witnesses
9 as necessary in the performance of an audit, inspec-
10 tion, evaluation, or investigation, which subpoena, in
11 the case of contumacy or refusal to obey, shall be en-
12 forceable by order of any appropriate United States
13 district court.
14 ‘‘(2) PROHIBITION.—An Inspector General may
15 not require by subpoena the attendance and testimony
16 of a Federal employee or employee of a designated
17 Federal entity, but may use other authorized proce-
18 dures.
19 ‘‘(3) DETERMINATION BY INSPECTOR GEN-
20 ERAL.—The determination of whether a matter con-
21 stitutes an audit, inspection, evaluation, or investiga-
22 tion shall be at the discretion of the applicable Inspec-
23 tor General.
24 ‘‘(c) LIMITATION ON DELEGATION.—The authority to
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1 to an official performing the functions and duties of an In-
2 spector General when the Inspector General position is va-
3 cant or when the Inspector General is unable to perform
4 the functions and duties of the Office of the Inspector Gen-
5 eral.
6 ‘‘(d) NOTICE TO ATTORNEY GENERAL.—
7 ‘‘(1) IN GENERAL.—Not less than 10 days before
8 submitting a request for approval to issue a subpoena
9 to the Subpoena Panel under subsection (e), an In-
10 spector General shall—
11 ‘‘(A) notify the Attorney General of the plan
12 of the Inspector General to issue the subpoena;
13 and
14 ‘‘(B) take into consideration any informa-
15 tion provided by the Attorney General relating to
16 the subpoena.
17 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this
18 subsection may be construed to prevent an Inspector
19 General from submitting to the Subpoena Panel
20 under subsection (e) a request for approval to issue a
21 subpoena if 10 or more days have elapsed since the
22 date on which the Inspector General submits to the
23 Attorney General the notification required under
24 paragraph (1)(A) with respect to that subpoena.
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25 ‘‘(e) PANEL REVIEW BEFORE ISSUANCE.—
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1 ‘‘(1) APPROVAL REQUIRED.—
2 ‘‘(A) REQUEST FOR APPROVAL BY SUB-
3 POENA PANEL.—Before the issuance of a sub-
4 poena described in subsection (b), an Inspector
5 General shall submit to a panel a request for ap-
6 proval to issue the subpoena, which shall include
7 a determination by the Inspector General that—
8 ‘‘(i) the testimony is likely to be rea-
9 sonably relevant to the audit, inspection,
10 evaluation, or investigation for which the
11 subpoena is sought; and
12 ‘‘(ii) the information to be sought can-
13 not be reasonably obtained through other
14 means.
15 ‘‘(B) COMPOSITION OF SUBPOENA PANEL.—
16 ‘‘(i) IN GENERAL.—Subject to clauses
17 (ii) and (iii), a Subpoena Panel shall be
18 comprised of 3 inspectors general appointed
19 by the President and confirmed by the Sen-
20 ate, who shall be randomly drawn by the
21 Chairperson or a designee of the Chair-
22 person from a pool of all such inspectors
23 general.
24 ‘‘(ii) CLASSIFIED INFORMATION.—If
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1 submitted under subparagraph (A) would
2 require access to classified information, the
3 Chairperson or a designee of the Chair-
4 person may limit the pool of inspectors gen-
5 eral described in clause (i) to appropriately
6 cleared inspectors general.
7 ‘‘(iii) CONFIRMATION OF AVAIL-
8 ABILITY.—If an inspector general drawn
9 from the pool described in clause (i) does
10 not confirm their availability to serve on
11 the Subpoena Panel within 24 hours of re-
12 ceiving a notification from the Chairperson
13 or a designee of the Chairperson regarding
14 selection for the Subpoena Panel, the Chair-
15 person or a designee of the Chairperson
16 may randomly draw a new inspector gen-
17 eral from the pool to serve on the Subpoena
18 Panel.
19 ‘‘(C) CONTENTS OF REQUEST.—The request
20 described in subparagraph (A) shall include any
21 information provided by the Attorney General
22 related to the subpoena, which the Attorney Gen-
23 eral requests that the Subpoena Panel consider.
24 ‘‘(D) PROTECTION FROM DISCLOSURE.—
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1 ‘‘(i) IN GENERAL.—The information
2 contained in a request submitted by an In-
3 spector General under subparagraph (A)
4 and the identification of a witness shall be
5 protected from disclosure to the extent per-
6 mitted by law.
7 ‘‘(ii) REQUEST FOR DISCLOSURE.—
8 Any request for disclosure of the informa-
9 tion described in clause (i) shall be sub-
10 mitted to the Inspector General requesting
11 the subpoena.
12 ‘‘(2) TIME TO RESPOND.—
13 ‘‘(A) IN GENERAL.—Except as provided in
14 subparagraph (B), the Subpoena Panel shall ap-
15 prove or deny a request for approval to issue a
16 subpoena submitted under paragraph (1) not
17 later than 10 days after the submission of the re-
18 quest.
19 ‘‘(B) ADDITIONAL INFORMATION FOR
20 PANEL.—If the Subpoena Panel determines that
21 additional information is necessary to approve
22 or deny a request for approval to issue a sub-
23 poena submitted by an Inspector General under
24 paragraph (1), the Subpoena Panel shall—
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1 ‘‘(ii) approve or deny the request for
2 approval submitted by the Inspector Gen-
3 eral not later than 20 days after the Sub-
4 poena Panel submits the request for infor-
5 mation under clause (i).
6 ‘‘(3) APPROVAL BY PANEL.—If all members of the
7 Subpoena Panel unanimously approve a request for
8 approval to issue a subpoena submitted by an Inspec-
9 tor General under paragraph (1), the Inspector Gen-
10 eral may issue the subpoena.
11 ‘‘(4) NOTICE TO COUNCIL AND ATTORNEY GEN-
12 ERAL.—Upon issuance of a subpoena by an Inspector
13 General under subsection (b), the Inspector General
14 shall provide contemporaneous notice of such issuance
15 to the Chairperson or a designee of the Chairperson
16 and to the Attorney General.
17 ‘‘(f) SEMIANNUAL REPORTING.—On or before May 31,
18 2022, and every 6 months thereafter, the Council of the In-
19 spectors General on Integrity and Efficiency shall submit
20 to the Committee on Homeland Security and Governmental
21 Affairs of the Senate, the Committee on Oversight and Re-
22 form of the House of Representatives, and the Comptroller
23 General of the United States a report on the use of sub-
24 poenas described in subsection (b) in any audit, inspection,
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1 mediately preceding 6-month periods ending March 31 and
2 September 30, which shall include—
3 ‘‘(1) a list of each Inspector General that has
4 submitted a request for approval of a subpoena to the
5 Subpoena Panel;
6 ‘‘(2) for each applicable Inspector General, the
7 number of subpoenas submitted to the Subpoena
8 Panel, approved by the Subpoena Panel, and dis-
9 approved by the Subpoena Panel;
10 ‘‘(3) for each subpoena submitted to the Sub-
11 poena Panel for approval—
12 ‘‘(A) an anonymized description of the indi-
13 vidual or organization to whom the subpoena
14 was directed;
15 ‘‘(B) the date on which the subpoena request
16 was sent to the Attorney General, the date on
17 which the Attorney General responded, and
18 whether the Attorney General provided informa-
19 tion regarding the subpoena request, including
20 whether the Attorney General opposed issuance of
21 the proposed subpoena;
22 ‘‘(C) the members of the Subpoena Panel
23 considering the subpoena;
24 ‘‘(D) the date on which the subpoena request
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1 which the Subpoena Panel approved or dis-
2 approved the subpoena request, and the decision
3 of the Subpoena Panel; and
4 ‘‘(E) the date on which the subpoena was
5 issued, if approved; and
6 ‘‘(4) any other information the Council of the In-
7 spectors General on Integrity and Efficiency considers
8 appropriate to include.
9 ‘‘(g) TRAINING AND STANDARDS.—The Council of the
10 Inspectors General on Integrity and Efficiency, in consulta-
11 tion with the Attorney General, shall promulgate standards
12 and provide training relating to the issuance of subpoenas,
13 conflicts of interest, and any other matter the Council deter-
14 mines necessary to carry out this section.
15 ‘‘(h) APPLICABILITY.—The provisions of this section
16 shall not affect the exercise of authority by an Inspector
17 General of testimonial subpoena authority established under
18 another provision of law.
19 ‘‘(i) TERMINATION.—The authorities provided under
20 subsection (b) shall terminate on January 1, 2027, provided
21 that this subsection shall not affect the enforceability of a
22 subpoena issued on or before December 31, 2026.’’;
23 (2) in section 5(a), as amended by section 903
24 of this Act—
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1 (A) in paragraph (16)(B), as so redesig-
2 nated, by striking the period at the end and in-
3 serting ‘‘; and’’; and
4 (B) by adding at the end the following:
5 ‘‘(17) a description of the use of subpoenas for
6 the attendance and testimony of certain witnesses au-
7 thorized under section 6A.’’; and
8 (3) in section 8G(g)(1), by inserting ‘‘6A,’’ before
9 ‘‘and 7’’.
10 SEC. 403. REVIEW BY THE COMPTROLLER GENERAL.
11 Not later than January 1, 2026, the Comptroller Gen-
12 eral of the United States shall submit to the appropriate
13 congressional committees a report reviewing the use of testi-
14 monial subpoena authority, which shall include—
15 (1) a summary of the information included in
16 the semiannual reports to Congress under section
17 6A(f) of the Inspector General Act of 1978 (5 U.S.C.
18 App.), as added by this Act, including an analysis of
19 any patterns and trends identified in the use of the
20 authority during the reporting period;
21 (2) a review of subpoenas issued by inspectors
22 general on and after the date of enactment of this Act
23 to evaluate compliance with this Act by the respective
24 inspector general, the Subpoena Panel, and the Coun-
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1 cil of the Inspectors General on Integrity and Effi-
2 ciency; and
3 (3) any additional analysis, evaluation, or rec-
4 ommendation based on observations or information
5 gathered by the Comptroller General of the United
6 States during the course of the review.
7 TITLE V—INVESTIGATIONS OF
8 DEPARTMENT OF JUSTICE
9 PERSONNEL
10 SEC. 501. SHORT TITLE.
11 This title may be cited as the ‘‘Inspector General Ac-
12 cess Act of 2021’’.
13 SEC. 502. INVESTIGATIONS OF DEPARTMENT OF JUSTICE
14 PERSONNEL.
15 Section 8E of the Inspector General Act of 1978 (5
16 U.S.C. App.) is amended—
17 (1) in subsection (b)—
18 (A) in paragraph (2), by striking ‘‘and
19 paragraph (3)’’;
20 (B) by striking paragraph (3);
21 (C) by redesignating paragraphs (4) and
22 (5) as paragraphs (3) and (4), respectively; and
23 (D) in paragraph (4), as redesignated, by
24 striking ‘‘paragraph (4)’’ and inserting ‘‘para-
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1 (2) in subsection (d), by striking ‘‘, except with
2 respect to allegations described in subsection (b)(3),’’.
3 TITLE VI—NOTICE OF ONGOING
4 INVESTIGATIONS WHEN
5 THERE IS A CHANGE IN STA-
6 TUS OF INSPECTOR GENERAL
7 SEC. 601. NOTICE OF ONGOING INVESTIGATIONS WHEN
8 THERE IS A CHANGE IN STATUS OF INSPEC-
9 TOR GENERAL.
10 Section 5 of the Inspector General Act of 1978 (5
11 U.S.C. App.) is amended by inserting after subsection (e),
12 as added by section 305, the following:
13 ‘‘(f) Not later than 15 days after an Inspector General
14 is removed, placed on paid or unpaid non-duty status, or
15 transferred to another position or location within an estab-
16 lishment, the officer or employee performing the functions
17 and duties of the Inspector General temporarily in an act-
18 ing capacity shall submit to the Committee on Homeland
19 Security and Governmental Affairs of the Senate and the
20 Committee on Oversight and Reform of the House of Rep-
21 resentatives information regarding work being conducted by
22 the Office as of the date on which the Inspector General
23 was removed, placed on paid or unpaid non-duty status,
24 or transferred, which shall include—
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25 ‘‘(1) for each investigation—
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1 ‘‘(A) the type of alleged offense;
2 ‘‘(B) the fiscal quarter in which the Office
3 initiated the investigation;
4 ‘‘(C) the relevant Federal agency, including
5 the relevant component of that Federal agency
6 for any Federal agency listed in section 901(b)
7 of title 31, United States Code, under investiga-
8 tion or affiliated with the individual or entity
9 under investigation; and
10 ‘‘(D) whether the investigation is adminis-
11 trative, civil, criminal, or a combination thereof,
12 if known; and
13 ‘‘(2) for any work not described in paragraph
14 (1)—
15 ‘‘(A) a description of the subject matter and
16 scope;
17 ‘‘(B) the relevant agency, including the rel-
18 evant component of that Federal agency, under
19 review;
20 ‘‘(C) the date on which the Office initiated
21 the work; and
22 ‘‘(D) the expected time frame for comple-
23 tion.’’.
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1 TITLE VII—COUNCIL OF THE IN-
2 SPECTORS GENERAL ON IN-
3 TEGRITY AND EFFICIENCY RE-
4 PORT ON EXPENDITURES
5 SEC. 701. CIGIE REPORT ON EXPENDITURES.
6 Section 11(c)(3) of the Inspector General Act of 1978
7 (5 U.S.C. App.) is amended by adding at the end the fol-
8 lowing:
9 ‘‘(D) REPORT ON EXPENDITURES.—Not
10 later than November 30 of each year, the Chair-
11 person shall submit to the appropriate commit-
12 tees or subcommittees of Congress, including the
13 Committee on Appropriations of the Senate and
14 the Committee on Appropriations of the House of
15 Representatives, a report on the expenditures of
16 the Council for the preceding fiscal year, includ-
17 ing from direct appropriations to the Council,
18 interagency funding pursuant to subparagraph
19 (A), a revolving fund pursuant to subparagraph
20 (B), or any other source.’’.
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1 TITLE VIII—NOTICE OF REFUSAL
2 TO PROVIDE INSPECTORS
3 GENERAL ACCESS
4 SEC. 801. NOTICE OF REFUSAL TO PROVIDE INFORMATION
5 OR ASSISTANCE TO INSPECTORS GENERAL.
6 Section 6(c) of the Inspector General Act of 1978 (5
7 U.S.C. App.) is amended by adding at the end the following:
8 ‘‘(3) If the information or assistance that is the subject
9 of a report under paragraph (2) is not provided to the In-
10 spector General by the date that is 30 days after the report
11 is made, the Inspector General shall submit a notice that
12 the information or assistance requested has not been pro-
13 vided by the head of the establishment involved or the head
14 of the Federal agency involved, as applicable, to the appro-
15 priate congressional committees.’’.
16 TITLE IX—TRAINING RE-
17 SOURCES FOR INSPECTORS
18 GENERAL AND OTHER MAT-
19 TERS
20 SEC. 901. TRAINING RESOURCES FOR INSPECTORS GEN-
21 ERAL.
22 Section 11(c)(1) of the Inspector General Act of 1978
23 (5 U.S.C. App.) is amended—
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1 (1) by redesignating subparagraphs (E) through
2 (I) as subparagraphs (F) through (J), respectively;
3 and
4 (2) by inserting after subparagraph (D) the fol-
5 lowing:
6 ‘‘(E) support the professional development
7 of Inspectors General, including by providing
8 training opportunities on the duties, responsibil-
9 ities, and authorities under this Act and on top-
10 ics relevant to Inspectors General and the work
11 of Inspectors General, as identified by Inspectors
12 General and the Council.’’.
13 SEC. 902. DEFINITION OF APPROPRIATE CONGRESSIONAL
14 COMMITTEES.
15 The Inspector General Act of 1978 (5 U.S.C. App.) is
16 amended—
17 (1) in section 5—
18 (A) in subsection (b), in the matter pre-
19 ceding paragraph (1), by striking ‘‘committees or
20 subcommittees of the Congress’’ and inserting
21 ‘‘congressional committees’’; and
22 (B) in subsection (d), by striking ‘‘commit-
23 tees or subcommittees of Congress’’ and inserting
24 ‘‘congressional committees’’;
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25 (2) in section 6(h)(4)—
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1 (A) in subparagraph (B), by striking ‘‘Gov-
2 ernment’’; and
3 (B) by amending subparagraph (C) to read
4 as follows:
5 ‘‘(C) Any other relevant congressional com-
6 mittee or subcommittee of jurisdiction.’’;
7 (3) in section 8—
8 (A) in subsection (b)—
9 (i) in paragraph (3), by striking ‘‘the
10 Committees on Armed Services and Govern-
11 mental Affairs of the Senate and the Com-
12 mittee on Armed Services and the Com-
13 mittee on Government Reform and Over-
14 sight of the House of Representatives and to
15 other appropriate committees or subcommit-
16 tees of the Congress’’ and inserting ‘‘the ap-
17 propriate congressional committees, includ-
18 ing the Committee on Armed Services of the
19 Senate and the Committee on Armed Serv-
20 ices of the House of Representatives’’; and
21 (ii) in paragraph (4), by striking ‘‘and
22 to other appropriate committees or sub-
23 committees’’; and
24 (B) in subsection (f)—
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1 (i) in paragraph (1), by striking ‘‘the
2 Committees on Armed Services and on
3 Homeland Security and Governmental Af-
4 fairs of the Senate and the Committees on
5 Armed Services and on Oversight and Gov-
6 ernment Reform of the House of Representa-
7 tives and to other appropriate committees
8 or subcommittees of Congress’’ and inserting
9 ‘‘the appropriate congressional committees,
10 including the Committee on Armed Services
11 of the Senate and the Committee on Armed
12 Services of the House of Representatives’’;
13 and
14 (ii) in paragraph (2), by striking
15 ‘‘committees or subcommittees of the Con-
16 gress’’ and inserting ‘‘congressional commit-
17 tees’’;
18 (4) in section 8D—
19 (A) in subsection (a)(3), by striking ‘‘Com-
20 mittees on Governmental Affairs and Finance of
21 the Senate and the Committees on Government
22 Operations and Ways and Means of the House of
23 Representatives, and to other appropriate com-
24 mittees or subcommittees of the Congress’’ and
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25 inserting ‘‘appropriate congressional committees,
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1 including the Committee on Finance of the Sen-
2 ate and the Committee on Ways and Means of
3 the House of Representatives’’; and
4 (B) in subsection (g)—
5 (i) in paragraph (1)—
6 (I) by striking ‘‘committees or
7 subcommittees of the Congress’’ and in-
8 serting ‘‘congressional committees’’;
9 and
10 (II) by striking ‘‘Committees on
11 Governmental Affairs and Finance of
12 the Senate and the Committees on Gov-
13 ernment Reform and Oversight and
14 Ways and Means of the House of Rep-
15 resentatives’’ and inserting ‘‘Committee
16 on Finance of the Senate and the Com-
17 mittee on Ways and Means of the
18 House of Representatives’’; and
19 (ii) in paragraph (2), by striking
20 ‘‘committees or subcommittees of Congress’’
21 and inserting ‘‘congressional committees’’;
22 (5) in section 8E—
23 (A) in subsection (a)(3), by striking ‘‘Com-
24 mittees on Governmental Affairs and Judiciary
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1 Operations and Judiciary of the House of Rep-
2 resentatives, and to other appropriate committees
3 or subcommittees of the Congress’’ and inserting
4 ‘‘appropriate congressional committees, includ-
5 ing the Committee on the Judiciary of the Sen-
6 ate and the Committee on the Judiciary of the
7 House of Representatives’’; and
8 (B) in subsection (c)—
9 (i) by striking ‘‘committees or sub-
10 committees of the Congress’’ and inserting
11 ‘‘congressional committees’’; and
12 (ii) by striking ‘‘Committees on the Ju-
13 diciary and Governmental Affairs of the
14 Senate and the Committees on the Judici-
15 ary and Government Operations of the
16 House of Representatives’’ and inserting
17 ‘‘Committee on the Judiciary of the Senate
18 and the Committee on the Judiciary of the
19 House of Representatives’’;
20 (6) in section 8G—
21 (A) in subsection (d)(2)(E), in the matter
22 preceding clause (i), by inserting ‘‘the appro-
23 priate congressional committees, including’’ after
24 ‘‘are’’; and
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1 (i) in subparagraph (A)(iii), by strik-
2 ing ‘‘Committee on Governmental Affairs of
3 the Senate and the Committee on Govern-
4 ment Reform and Oversight of the House of
5 Representatives, and to other appropriate
6 committees or subcommittees of the Con-
7 gress’’ and inserting ‘‘the appropriate con-
8 gressional committees’’; and
9 (ii) by striking subparagraph (C);
10 (7) in section 8I—
11 (A) in subsection (a)(3), in the matter pre-
12 ceding subparagraph (A), by striking ‘‘commit-
13 tees and subcommittees of Congress’’ and insert-
14 ing ‘‘congressional committees’’; and
15 (B) in subsection (d), by striking ‘‘commit-
16 tees and subcommittees of Congress’’ each place
17 it appears and inserting ‘‘congressional commit-
18 tees’’;
19 (8) in section 8N(b), by striking ‘‘committees of
20 Congress’’ and inserting ‘‘congressional committees’’;
21 (9) in section 11—
22 (A) in subsection (b)(3)(B)(viii)—
23 (i) by striking subclauses (III) and
24 (IV);
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1 (ii) in subclause (I), by adding ‘‘and’’
2 at the end; and
3 (iii) by amending subclause (II) to
4 read as follows:
5 ‘‘(II) the appropriate congres-
6 sional committees.’’; and
7 (B) in subsection (d)(8)(A)(iii), by striking
8 ‘‘to the’’ and all that follows through ‘‘jurisdic-
9 tion’’ and inserting ‘‘to the appropriate congres-
10 sional committees’’; and
11 (10) in section 12—
12 (A) in paragraph (4), by striking ‘‘and’’ at
13 the end;
14 (B) in paragraph (5), by striking the period
15 at the end and inserting ‘‘; and’’; and
16 (C) by adding at the end the following:
17 ‘‘(6) the term ‘appropriate congressional commit-
18 tees’ means—
19 ‘‘(A) the Committee on Homeland Security
20 and Governmental Affairs of the Senate;
21 ‘‘(B) the Committee on Oversight and Re-
22 form of the House of Representatives; and
23 ‘‘(C) any other relevant congressional com-
24 mittee or subcommittee of jurisdiction.’’.
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1 SEC. 903. SEMIANNUAL REPORTS.
2 The Inspector General Act of 1978 (5 U.S.C. App.) is
3 amended—
4 (1) in section 4(a)(2)—
5 (A) by inserting ‘‘, including’’ after ‘‘to
6 make recommendations’’; and
7 (B) by inserting a comma after ‘‘section
8 5(a)’’;
9 (2) in section 5—
10 (A) in subsection (a)—
11 (i) by striking paragraphs (1) through
12 (12) and inserting the following:
13 ‘‘(1) a description of significant problems,
14 abuses, and deficiencies relating to the administration
15 of programs and operations of the establishment and
16 associated reports and recommendations for corrective
17 action made by the Office;
18 ‘‘(2) an identification of each recommendation
19 made before the reporting period, for which corrective
20 action has not been completed, including the potential
21 costs savings associated with the recommendation;
22 ‘‘(3) a summary of significant investigations
23 closed during the reporting period;
24 ‘‘(4) an identification of the total number of con-
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25 victions during the reporting period resulting from
26 investigations;
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1 ‘‘(5) information regarding each audit, inspec-
2 tion, or evaluation report issued during the reporting
3 period, including—
4 ‘‘(A) a listing of each audit, inspection, or
5 evaluation;
6 ‘‘(B) if applicable, the total dollar value of
7 questioned costs (including a separate category
8 for the dollar value of unsupported costs) and the
9 dollar value of recommendations that funds be
10 put to better use, including whether a manage-
11 ment decision had been made by the end of the
12 reporting period;
13 ‘‘(6) information regarding any management de-
14 cision made during the reporting period with respect
15 to any audit, inspection, or evaluation issued during
16 a previous reporting period;’’;
17 (ii) by redesignating paragraphs (13)
18 through (22) as paragraphs (7) through
19 (16), respectively;
20 (iii) by amending paragraph (13), as
21 so redesignated, to read as follows:
22 ‘‘(13) a report on each investigation conducted
23 by the Office where allegations of misconduct were
24 substantiated involving a senior Government em-
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1 the establishment does not have senior Government
2 employees, which shall include—
3 ‘‘(A) the name of the senior Government
4 employee, if already made public by the Office;
5 and
6 ‘‘(B) a detailed description of—
7 ‘‘(i) the facts and circumstances of the
8 investigation; and
9 ‘‘(ii) the status and disposition of the
10 matter, including—
11 ‘‘(I) if the matter was referred to
12 the Department of Justice, the date of
13 the referral; and
14 ‘‘(II) if the Department of Justice
15 declined the referral, the date of the
16 declination;’’; and
17 (iv) by amending paragraph (15), as
18 so redesignated, to read as follows:
19 ‘‘(15) information related to interference by the
20 establishment, including—
21 ‘‘(A) a detailed description of any attempt
22 by the establishment to interfere with the inde-
23 pendence of the Office, including—
24 ‘‘(i) with budget constraints designed
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1 ‘‘(ii) incidents where the establishment
2 has resisted or objected to oversight activi-
3 ties of the Office or restricted or signifi-
4 cantly delayed access to information, in-
5 cluding the justification of the establishment
6 for such action; and
7 ‘‘(B) a summary of each report made to the
8 head of the establishment under section 6(c)(2)
9 during the reporting period;’’; and
10 (B) in subsection (b)—
11 (i) by striking paragraphs (2) and (3)
12 and inserting the following:
13 ‘‘(2) where final action on audit, inspection, and
14 evaluation reports had not been taken before the com-
15 mencement of the reporting period, statistical tables
16 showing—
17 ‘‘(A) with respect to management deci-
18 sions—
19 ‘‘(i) for each report, whether a manage-
20 ment decision was made during the report-
21 ing period;
22 ‘‘(ii) if a management decision was
23 made during the reporting period, the dol-
24 lar value of disallowed costs and funds to be
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1 put to better use as agreed to in the man-
2 agement decision; and
3 ‘‘(iii) total number of reports where a
4 management decision was made during the
5 reporting period and the total cor-
6 responding dollar value of disallowed costs
7 and funds to be put to better use as agreed
8 to in the management decision; and
9 ‘‘(B) with respect to final actions—
10 ‘‘(i) whether, if a management decision
11 was made before the end of the reporting pe-
12 riod, final action was taken during the re-
13 porting period;
14 ‘‘(ii) if final action was taken, the dol-
15 lar value of—
16 ‘‘(I) disallowed costs that were re-
17 covered by management through collec-
18 tion, offset, property in lieu of cash, or
19 otherwise;
20 ‘‘(II) disallowed costs that were
21 written off by management;
22 ‘‘(III) disallowed costs and funds
23 to be put to better use not yet recovered
24 or written off by management;
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1 ‘‘(IV) recommendations that were
2 completed; and
3 ‘‘(V) recommendations that man-
4 agement has subsequently concluded
5 should not or could not be implemented
6 or completed; and
7 ‘‘(iii) total number of reports where
8 final action was not taken and total num-
9 ber of reports where final action was taken,
10 including the total corresponding dollar
11 value of disallowed costs and funds to be
12 put to better use as agreed to in the man-
13 agement decisions;’’;
14 (ii) by redesignating paragraph (4) as
15 paragraph (3);
16 (iii) in paragraph (3), as so redesig-
17 nated, by striking ‘‘subsection (a)(20)(A)’’
18 and inserting ‘‘subsection (a)(14)(A)’’; and
19 (iv) by striking paragraph (5) and in-
20 serting the following:
21 ‘‘(4) a statement explaining why final action has
22 not been taken with respect to each audit, inspection,
23 and evaluation report in which a management deci-
24 sion has been made but final action has not yet been
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1 ‘‘(A) may exclude reports if—
2 ‘‘(i) a management decision was made
3 within the preceding year; or
4 ‘‘(ii) the report is under formal admin-
5 istrative or judicial appeal or management
6 of the establishment has agreed to pursue a
7 legislative solution; and
8 ‘‘(B) shall identify the number of reports in
9 each category so excluded.’’;
10 (C) by redesignating subsection (h), as so
11 redesignated by section 305, as subsection (i);
12 and
13 (D) by inserting after subsection (g), as so
14 redesignated by section 305, the following:
15 ‘‘(h) If an Office has published any portion of the re-
16 port or information required under subsection (a) to the
17 website of the Office or on oversight.gov, the Office may elect
18 to provide links to the relevant webpage or website in the
19 report of the Office under subsection (a) in lieu of including
20 the information in that report.’’.
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1 SEC. 904. SUBMISSION OF REPORTS THAT SPECIFICALLY
2 IDENTIFY NON-GOVERNMENTAL ORGANIZA-
3 TIONS OR BUSINESS ENTITIES.
4 (a) IN GENERAL.—Section 5(g) of the Inspector Gen-
5 eral Act of 1978 (5 U.S.C. App.), as so redesignated by sec-
6 tion 305, is amended by adding at the end the following:
7 ‘‘(6)(A) Except as provided in subparagraph (B), if
8 an audit, evaluation, inspection, or other non-investigative
9 report prepared by an Inspector General specifically identi-
10 fies a specific non-governmental organization or business
11 entity, whether or not the non-governmental organization
12 or business entity is the subject of that audit, evaluation,
13 inspection, or non-investigative report—
14 ‘‘(i) the Inspector General shall notify the non-
15 governmental organization or business entity;
16 ‘‘(ii) the non-governmental organization or busi-
17 ness entity shall have—
18 ‘‘(I) 30 days to review the audit, evaluation,
19 inspection, or non-investigative report beginning
20 on the date of publication of the audit, evalua-
21 tion, inspection, or non-investigative report; and
22 ‘‘(II) the opportunity to submit a written
23 response for the purpose of clarifying or pro-
24 viding additional context as it directly relates to
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26 spection, or non-investigative report specifically
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1 identifies that non-governmental organization or
2 business entity; and
3 ‘‘(iii) if a written response is submitted under
4 clause (ii)(II) within the 30-day period described in
5 clause (ii)(I)—
6 ‘‘(I) the written response shall be attached
7 to the audit, evaluation, inspection, or non-in-
8 vestigative report; and
9 ‘‘(II) in every instance where the report
10 may appear on the public-facing website of the
11 Inspector General, the website shall be updated
12 in order to access a version of the audit, evalua-
13 tion, inspection, or non-investigative report that
14 includes the written response.
15 ‘‘(B) Subparagraph (A) shall not apply with respect
16 to a non-governmental organization or business entity that
17 refused to provide information or assistance sought by an
18 Inspector General during the creation of the audit, evalua-
19 tion, inspection, or non-investigative report.
20 ‘‘(C) An Inspector General shall review any written
21 response received under subparagraph (A) for the purpose
22 of preventing the improper disclosure of classified informa-
23 tion or other non-public information, consistent with appli-
24 cable laws, rules, and regulations, and, if necessary, redact
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1 (b) RETROACTIVE APPLICABILITY.—During the 30-
2 day period beginning on the date of enactment of this Act—
3 (1) the amendment made by subsection (a) shall
4 apply upon the request of a non-governmental organi-
5 zation or business entity named in an audit, evalua-
6 tion, inspection, or other non-investigative report pre-
7 pared on or after January 1, 2019; and
8 (2) any written response submitted under clause
9 (iii) of section 5(g)(6)(A)of the Inspector General Act
10 of 1978 (5 U.S.C. App.), as added by subsection (a),
11 with respect to such an audit, evaluation, inspection,
12 or other non-investigative report shall attach to the
13 original report in the manner described in that
14 clause.
15 SEC. 905. REVIEW RELATING TO VETTING, PROCESSING,
16 AND RESETTLEMENT OF EVACUEES FROM AF-
17 GHANISTAN AND THE AFGHANISTAN SPECIAL
18 IMMIGRANT VISA PROGRAM.
19 (a) IN GENERAL.—In accordance with the Inspector
20 General Act of 1978 (5 U.S.C. App.), the Inspector General
21 of the Department of Homeland Security, jointly with the
22 Inspector General of the Department of State, and in co-
23 ordination with any appropriate inspector general, shall
24 conduct a thorough review of efforts to support and process
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1 evacuees from Afghanistan and the Afghanistan special im-
2 migrant visa program.
3 (b) ELEMENTS.—The review required by subsection (a)
4 shall include an assessment of the systems, staffing, policies,
5 and programs used—
6 (1) to the screen and vet such evacuees, includ-
7 ing—
8 (A) an assessment of whether personnel con-
9 ducting such screening and vetting were appro-
10 priately authorized and provided with training,
11 including training in the detection of fraudulent
12 personal identification documents;
13 (B) an analysis of the degree to which such
14 screening and vetting deviated from United
15 States law, regulations, policy, and best practices
16 relating to the screening and vetting of refugees
17 and applicants for United States visas that have
18 been in use at any time since January 1, 2016;
19 (C) an identification of any risk to the na-
20 tional security of the United States posed by any
21 such deviations;
22 (D) an analysis of the processes used for
23 evacuees traveling without personal identifica-
24 tion records, including the creation or provision
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1 of any new identification records to such evac-
2 uees; and
3 (E) an analysis of the degree to which such
4 screening and vetting process was capable of de-
5 tecting—
6 (i) instances of human trafficking and
7 domestic abuse;
8 (ii) evacuees who are unaccompanied
9 minors; and
10 (iii) evacuees with a spouse that is a
11 minor;
12 (2) to admit and process such evacuees at United
13 States ports of entry;
14 (3) to temporarily house such evacuees prior to
15 resettlement;
16 (4) to account for the total number of individual
17 evacuated from Afghanistan in 2021 with support of
18 the United States Government, disaggregated by—
19 (A) country of origin;
20 (B) age;
21 (C) gender;
22 (D) eligibility for special immigrant visas
23 under the Afghan Allies Protection Act of 2009
24 (8 U.S.C. 1101 note; Public Law 111–8) or sec-
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1 Act for Fiscal Year 2006 (8 U.S.C. 1101 note;
2 Public Law 109–163) at the time of evacuation;
3 (E) eligibility for employment-based non-
4 immigrant visas at the time of evacuation; and
5 (F) familial relationship to evacuees who
6 are eligible for visas described in subparagraphs
7 (D) and (E); and
8 (5) to provide eligible individuals with special
9 immigrant visas under the Afghan Allies Protection
10 Act of 2009 (8 U.S.C. 1101 note; Public Law 111–8)
11 and section 1059 of the National Defense Authoriza-
12 tion Act for Fiscal Year 2006 (8 U.S.C. 1101 note;
13 Public Law 109–163) since the date of the enactment
14 of the Afghan Allies Protection Act of 2009 (8 U.S.C.
15 1101 note; Public Law 111–8), including—
16 (A) a detailed step-by-step description of the
17 application process for such special immigrant
18 visas, including the number of days allotted by
19 the United States Government for the completion
20 of each step;
21 (B) the number of such special immigrant
22 visa applications received, approved, and denied,
23 disaggregated by fiscal year;
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1 (C) the number of such special immigrant
2 visas issued, as compared to the number avail-
3 able under law, disaggregated by fiscal year;
4 (D) an assessment of the average length of
5 time taken to process an application for such a
6 special immigrant visa, beginning on the date of
7 submission of the application and ending on the
8 date of final disposition, disaggregated by fiscal
9 year;
10 (E) an accounting of the number of appli-
11 cations for such special immigrant visas that re-
12 mained pending at the end of each fiscal year;
13 (F) an accounting of the number of inter-
14 views of applicants for such special immigrant
15 visas conducted during each fiscal year;
16 (G) the number of noncitizens who were ad-
17 mitted to the United States pursuant to such a
18 special immigrant visa during each fiscal year;
19 (H) an assessment of the extent to which
20 each participating department or agency of the
21 United States Government, including the De-
22 partment of State and the Department of Home-
23 land Security, adjusted processing practices and
24 procedures for such special immigrant visas so
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1 pacity since the February 29, 2020, Doha Agree-
2 ment between the United States and the Taliban;
3 (I) a list of specific steps, if any, taken be-
4 tween February 29, 2020, and August 31,
5 2021—
6 (i) to streamline the processing of ap-
7 plications for such special immigrant visas;
8 and
9 (ii) to address longstanding bureau-
10 cratic hurdles while improving security pro-
11 tocols;
12 (J) a description of the degree to which the
13 Secretary of State implemented recommendations
14 made by the Department of State Office of In-
15 spector General in its June 2020 reports on Re-
16 view of the Afghan Special Immigrant Visa Pro-
17 gram (AUD-MERO-20-35) and Management As-
18 sistance Report: Quarterly Reporting on Afghan
19 Special Immigrant Visa Program Needs Im-
20 provement (AUD-MERO-20-34);
21 (K) an assessment of the extent to which
22 challenges in verifying applicants’ employment
23 with the Department of Defense contributed to
24 delays in the processing of such special immi-
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1 steps taken since February 29, 2020, to address
2 issues surrounding employment verification; and
3 (L) recommendations to strengthen and
4 streamline such special immigrant visa process
5 going forward.
6 (c) INTERIM REPORTING.—
7 (1) IN GENERAL.—Not later than 180 days after
8 the date of the enactment of this Act, the Inspector
9 General of the Department of Homeland Security and
10 the Inspector General of the Department of State shall
11 submit to the appropriate congressional committees
12 not fewer than one interim report on the review con-
13 ducted under this section.
14 (2) DEFINITIONS.—In this subsection:
15 (A) APPROPRIATE CONGRESSIONAL COMMIT-
16 TEES.—The term ‘‘appropriate congressional
17 committees’’ has the meaning given the term in
18 section 12 of the Inspector General Act of 1978
19 (5 U.S.C. App.), as amended by this Act.
20 (B) SCREEN; SCREENING.—The terms
21 ‘‘screen’’ and ‘‘screening’’, with respect to an
22 evacuee, mean the process by which a Federal of-
23 ficial determines—
24 (i) the identity of the evacuee;
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1 (ii) whether the evacuee has a valid
2 identification documentation; and
3 (iii) whether any database of the
4 United States Government contains deroga-
5 tory information about the evacuee.
6 (C) VET; VETTING.—The term ‘‘vet’’ and
7 ‘‘vetting’’, with respect to an evacuee, means the
8 process by which a Federal official interviews the
9 evacuee to determine whether the evacuee is who
10 they purport to be, including whether the evacuee
11 poses a national security risk.
12 (d) DISCHARGE OF RESPONSIBILITIES.—The Inspec-
13 tor General of the Department of Homeland Security and
14 the Inspector General of the Department of State shall dis-
15 charge the responsibilities under this section in a manner
16 consistent with the authorities and requirements of the In-
17 spector General Act of 1978 (5 U.S.C. App.) and the au-
18 thorities and requirements applicable to the Inspector Gen-
19 eral of the Department of Homeland Security and the In-
20 spector General of the Department of State under that Act.
21 (e) COORDINATION.—Upon request of an Inspector
22 General for information or assistance under subsection (a),
23 the head of any Federal agency involved shall, insofar as
24 is practicable and not in contravention of any existing stat-
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1 which the information is requested, furnish to such Inspec-
2 tor General, or to an authorized designee, such information
3 or assistance.
4 (f) RULE OF CONSTRUCTION.—Nothing in this section
5 shall be construed to limit the ability of the Inspector Gen-
6 eral of the Department of Homeland Security or the Inspec-
7 tor General of the Department of State to enter into agree-
8 ments to conduct joint audits, inspections, or investigations
9 in the exercise of the oversight responsibilities of the Inspec-
10 tor General of the Department of Homeland Security and
11 the Inspector General of the Department of State, in accord-
12 ance with the Inspector General Act of 1978 (5 U.S.C.
13 App.), with respect to oversight of the evacuation from Af-
14 ghanistan, the selection, vetting, and processing of appli-
15 cants for special immigrant visas and asylum, and any re-
16 settlement in the United States of such evacuees.
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Calendar No. 585
117TH CONGRESS
2D SESSION H. R. 2662
[Report No. 117–226]
H2662
AN ACT
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To amend the Inspector General Act of 1978, and
for other purposes.
DECEMBER 5, 2022
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