Congressional Record — Senate, November 4, 2021
Summary
Senate pages of the Congressional Record for November 4, 2021, starting at S7967, printing the text of submitted amendments. The pages open with the end of an amendment that includes a report by the Director of National Intelligence and Sec. 604 on transportation of federally owned canines. Mr. PETERS, for himself and Mr. PORTMAN, submits SA 4462, intended to be proposed to an amendment by Mr. REED to the bill H.R. 4350, which would add Division E, the Inspector General Independence and Empowerment Act of 2021. Its Title LI, the Securing Inspector General Independence Act of 2021, would amend the Inspector General Act of 1978 (5 U.S.C. App.) on removal, transfer and non-duty status of Inspectors General, vacancies, and whistleblower complaints. The closing page has amendment text on screening of evacuees and on limitations on equipment purchases by a State or unit of local government.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7967
Department of Defense, the Department of ‘‘(2)(A) Subject to the other provisions of reference to section 1229(c)(6) of the National
Commerce, the Department of Transpor- this paragraph, only the President may place Defense Authorization Act for Fiscal Year
tation, and other elements of the Federal an Inspector General on non-duty status. 2008 (Public Law 110–181; 122 Stat. 378);
Government to mitigate any risks to the en- ‘‘(B) If the President places an Inspector ‘‘(IV) in the case of the Special Inspector
tire society, to the economy of the United General on non-duty status, the President General for the Troubled Asset Relief Pro-
States, and to the capabilities of the Armed shall communicate in writing the sub- gram, a reference to section 121(b)(4) of the
Forces, stemming from a potential unavail- stantive rationale, including detailed and Emergency Economic Stabilization Act of
ability of the Global Positioning System. case-specific reasons, for the change in sta- 2008 (12 U.S.C. 5231(b)(4)); and
(d) REPORT.—Not later than 180 days after tus to both Houses of Congress (including to ‘‘(V) in the case of the Special Inspector
the date of the enactment of this Act, the the appropriate congressional committees) General for Pandemic Recovery, a reference
Director of National Intelligence shall sub- not later than 15 days before the date on to section 4018(b)(3) of the CARES Act (15
mit to the appropriate committees of Con- which the change in status takes effect, ex- U.S.C. 9053(b)(3)).’’; and
gress a report in writing and provide such cept that the President may submit that (2) in section 8G(e)—
committees a briefing on the findings of the communication not later than the date on (A) in paragraph (1), by inserting ‘‘or place-
Director with respect to the study conducted which the change in status takes effect if— ment on non-duty status’’ after ‘‘a removal’’;
under subsection (b). ‘‘(i) the President has made a determina- (B) in paragraph (2)—
tion that the continued presence of the In- (i) by inserting ‘‘(A)’’ after ‘‘(2)’’;
SEC. 604. AUTHORITY FOR TRANSPORTATION OF
FEDERALLY OWNED CANINES ASSO- spector General in the workplace poses a (ii) in subparagraph (A), as so designated,
CIATED WITH FORCE PROTECTION threat described in any of clauses (i) through in the first sentence—
DUTIES OF INTELLIGENCE COMMU- (iv) of section 6329b(b)(2)(A) of title 5, United (I) by striking ‘‘reasons’’ and inserting the
NITY. States Code; and following: ‘‘substantive rationale, including
Section 1344(a)(2)(B) of title 31, United ‘‘(ii) in the communication, the President detailed and case-specific reasons,’’; and
States Code, is amended by inserting ‘‘, or includes a report on the determination de- (II) by inserting ‘‘(including to the appro-
transportation of federally owned canines as- scribed in clause (i), which shall include— priate congressional committees)’’ after
sociated with force protection duties of any ‘‘(I) a specification of which clause of sec- ‘‘Houses of Congress’’; and
part of the intelligence community (as de- tion 6329b(b)(2)(A) of title 5, United States (iii) by adding at the end the following:
fined in section 3 of the National Security Code, the President has determined applies ‘‘(B) If there is an open or completed in-
Act of 1947 (50 U.S.C. 3003))’’ after ‘‘duties’’. under clause (i) of this subparagraph; quiry into an Inspector General that relates
--- ‘‘(II) the substantive rationale, including to the removal or transfer of the Inspector
SA 4462. Mr. PETERS (for himself detailed and case-specific reasons, for the de- General under subparagraph (A), the written
and Mr. PORTMAN) submitted an termination made under clause (i); communication required under that subpara-
amendment intended to be proposed to ‘‘(III) an identification of each entity that graph shall—
amendment SA 3867 submitted by Mr. is conducting, or that conducted, any in- ‘‘(i) identify each entity that is con-
quiry upon which the determination under ducting, or that conducted, the inquiry; and
REED and intended to be proposed to
clause (i) was made; and ‘‘(ii) in the case of a completed inquiry,
the bill H.R. 4350, to authorize appro- ‘‘(IV) in the case of an inquiry described in contain the findings made during the in-
priations for fiscal year 2022 for mili- subclause (III) that is completed, the find- quiry.’’; and
tary activities of the Department of ings made during that inquiry. (C) by adding at the end the following:
Defense, for military construction, and ‘‘(C) The President may not place an In- ‘‘(3)(A) Subject to the other provisions of
for defense activities of the Depart- spector General on non-duty status during this paragraph, only the head of the applica-
ment of Energy, to prescribe military the 30-day period preceding the date on ble designated Federal entity (referred to in
which the Inspector General is removed or this paragraph as the ‘covered official’) may
personnel strengths for such fiscal transferred under paragraph (1)(A) unless the
year, and for other purposes; which was place an Inspector General on non-duty sta-
President— tus.
ordered to lie on the table; as follows: ‘‘(i) has made a determination that the ‘‘(B) If a covered official places an Inspec-
At the end, add the following: continued presence of the Inspector General tor General on non-duty status, the covered
DIVISION E—INSPECTOR GENERAL INDE- in the workplace poses a threat described in official shall communicate in writing the
PENDENCE AND EMPOWERMENT ACT any of clauses (i) through (iv) of section substantive rationale, including detailed and
OF 2021 6329b(b)(2)(A) of title 5, United States Code; case-specific reasons, for the change in sta-
SEC. 5101. SHORT TITLE.
and tus to both Houses of Congress (including to
‘‘(ii) not later than the date on which the the appropriate congressional committees)
This division may be cited as the ‘‘Inspec-
change in status takes effect, submits to not later than 15 days before the date on
tor General Independence and Empowerment
both Houses of Congress (including to the ap- which the change in status takes effect, ex-
Act of 2021’’.
propriate congressional committees) a writ- cept that the covered official may submit
TITLE LI—INSPECTOR GENERAL ten communication that contains the infor- that communication not later than the date
INDEPENDENCE mation required under subparagraph (B), in- on which the change in status takes effect
SEC. 5111. SHORT TITLE. cluding the report required under clause (ii) if—
This title may be cited as the ‘‘Securing of that subparagraph. ‘‘(i) the covered official has made a deter-
Inspector General Independence Act of 2021’’. ‘‘(D) For the purposes of this paragraph— mination that the continued presence of the
SEC. 5112. REMOVAL OR TRANSFER OF INSPEC- ‘‘(i) the term ‘Inspector General’— Inspector General in the workplace poses a
TORS GENERAL; PLACEMENT ON ‘‘(I) means an Inspector General who was threat described in any of clauses (i) through
NON-DUTY STATUS. appointed by the President, without regard (iv) of section 6329b(b)(2)(A) of title 5, United
(a) IN GENERAL.—The Inspector General to whether the Senate provided advice and States Code; and
Act of 1978 (5 U.S.C. App.) is amended— consent with respect to that appointment; ‘‘(ii) in the communication, the covered of-
(1) in section 3(b)— and ficial includes a report on the determination
(A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’; ‘‘(II) includes the Inspector General of an described in clause (i), which shall include—
(B) in paragraph (1), as so designated— establishment, the Inspector General of the ‘‘(I) a specification of which clause of sec-
(i) in subparagraph (A), as so designated, in Intelligence Community, the Inspector Gen- tion 6329b(b)(2)(A) of title 5, United States
the second sentence— eral of the Central Intelligence Agency, the Code, the covered official has determined ap-
(I) by striking ‘‘reasons’’ and inserting the Special Inspector General for Afghanistan plies under clause (i) of this subparagraph;
following: ‘‘substantive rationale, including Reconstruction, the Special Inspector Gen- ‘‘(II) the substantive rationale, including
detailed and case-specific reasons,’’; and eral for the Troubled Asset Relief Program, detailed and case-specific reasons, for the de-
(II) by inserting ‘‘(including to the appro- and the Special Inspector General for Pan- termination made under clause (i);
priate congressional committees)’’ after demic Recovery; and ‘‘(III) an identification of each entity that
‘‘Houses of Congress’’; and ‘‘(ii) a reference to the removal or transfer is conducting, or that conducted, any in-
(ii) by adding at the end the following: of an Inspector General under paragraph (1), quiry upon which the determination under
‘‘(B) If there is an open or completed in- or to the written communication described clause (i) was made; and
quiry into an Inspector General that relates in that paragraph, shall be considered to be— ‘‘(IV) in the case of an inquiry described in
to the removal or transfer of the Inspector ‘‘(I) in the case of the Inspector General of subclause (III) that is completed, the find-
General under subparagraph (A), the written the Intelligence Community, a reference to ings made during that inquiry.
communication required under that subpara- section 103H(c)(4) of the National Security ‘‘(C) A covered official may not place an
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graph shall— Act of 1947 (50 U.S.C. 3033(c)(4)); Inspector General on non-duty status during
‘‘(i) identify each entity that is con- ‘‘(II) in the case of the Inspector General of the 30-day period preceding the date on
ducting, or that conducted, the inquiry; and the Central Intelligence Agency, a reference which the Inspector General is removed or
‘‘(ii) in the case of a completed inquiry, to section 17(b)(6) of the Central Intelligence transferred under paragraph (2)(A) unless the
contain the findings made during the in- Agency Act of 1949 (50 U.S.C. 3517(b)(6)); covered official—
quiry.’’; and ‘‘(III) in the case of the Special Inspector ‘‘(i) has made a determination that the
(C) by adding at the end the following: General for Afghanistan Reconstruction, a continued presence of the Inspector General
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S7968 CONGRESSIONAL RECORD — SENATE November 4, 2021
in the workplace poses a threat described in an Inspector General to perform the func- ‘‘(A) the first assistant to the position of
any of clauses (i) through (iv) of section tions and duties of the Inspector General Inspector General; or
6329b(b)(2)(A) of title 5, United States Code; temporarily in an acting capacity subject to ‘‘(B) the individual performing those func-
and the time limitations of section 3346 of title 5, tions and duties temporarily in an acting ca-
‘‘(ii) not later than the date on which the United States Code, only if— pacity, as of the date on which the President
change in status takes effect, submits to ‘‘(i) during the 365-day period preceding the issues that direction, if that individual is an
both Houses of Congress (including to the ap- date of death, resignation, or beginning of individual other than the first assistant to
propriate congressional committees) a writ- inability to serve of the Inspector General, the position of Inspector General.’’.
ten communication that contains the infor- the officer or employee served in a position (b) RULE OF CONSTRUCTION.—Nothing in the
mation required under subparagraph (B), in- in an Office of an Inspector General for not amendment made by subsection (a) may be
cluding the report required under clause (ii) less than 90 days, except that— construed to limit the applicability of sec-
of that subparagraph. ‘‘(I) the requirement under this clause tions 3345 through 3349d of title 5, United
‘‘(D) Nothing in this paragraph may be shall not apply if the officer is an Inspector States Code (commonly known as the ‘‘Fed-
construed to limit or otherwise modify— General; and eral Vacancies Reform Act of 1998’’), other
‘‘(i) any statutory protection that is af- ‘‘(II) for the purposes of this subparagraph, than with respect to section 3345(a) of that
forded to an Inspector General; or performing the functions and duties of an In- title.
‘‘(ii) any other action that a covered offi- spector General temporarily in an acting ca- (c) EFFECTIVE DATE.—
cial may take under law with respect to an pacity does not qualify as service in a posi- (1) DEFINITION.—In this subsection, the
Inspector General.’’. tion in an Office of an Inspector General; term ‘‘Inspector General’’ has the meaning
(b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) the rate of pay for the position of the given the term in subsection (h)(1)(B) of sec-
MENT.—Section 12(3) of the Inspector General officer or employee described in clause (i) is tion 3 of the Inspector General Act of 1978 (5
Act of 1978 (5 U.S.C. App.) is amended by in- equal to or greater than the minimum rate U.S.C. App.), as added by subsection (a) of
serting ‘‘except as otherwise expressly pro- of pay payable for a position at GS–15 of the this section.
vided,’’ before ‘‘the term’’. General Schedule; (2) APPLICABILITY.—
SEC. 5113. VACANCY IN POSITION OF INSPECTOR ‘‘(iii) the officer or employee has dem- (A) IN GENERAL.—Except as provided in
GENERAL. subparagraph (B), this section, and the
onstrated ability in accounting, auditing, fi-
(a) IN GENERAL.—Section 3 of the Inspector amendments made by this section, shall take
nancial analysis, law, management analysis,
General Act of 1978 (5 U.S.C. App.) is amend- effect on the date of enactment of this Act.
public administration, or investigations; and
ed by adding at the end the following: (B) EXISTING VACANCIES.—If, as of the date
‘‘(h)(1) In this subsection— ‘‘(iv) not later than 30 days before the date
on which the direction takes effect, the of enactment of this Act, an individual is
‘‘(A) the term ‘first assistant to the posi-
President communicates in writing to both performing the functions and duties of an In-
tion of Inspector General’ means, with re-
Houses of Congress (including to the appro- spector General temporarily in an acting ca-
spect to an Office of Inspector General—
priate congressional committees) the sub- pacity, this section, and the amendments
‘‘(i) an individual who, as of the day before
stantive rationale, including the detailed made by this section, shall take effect with
the date on which the Inspector General dies,
and case-specific reasons, for such direction, respect to that Inspector General position on
resigns, or otherwise becomes unable to per-
including the reason for the direction that the date that is 30 days after the date of en-
form the functions and duties of that posi-
someone other than the individual who is actment of this Act.
tion—
performing the functions and duties of the SEC. 5114.
OFFICE OF INSPECTOR GENERAL
‘‘(I) is serving in a position in that Office; WHISTLEBLOWER COMPLAINTS.
and Inspector General temporarily in an acting
capacity (as of the date on which the Presi- (a) WHISTLEBLOWER PROTECTION COORDI-
‘‘(II) has been designated in writing by the NATOR.—Section 3(d)(1)(C) of the Inspector
Inspector General, through an order of suc- dent issues that direction) perform those
functions and duties temporarily in an act- General Act of 1978 (5 U.S.C. App.) is amend-
cession or otherwise, as the first assistant to ed—
the position of Inspector General; or ing capacity.
‘‘(3) Notwithstanding section 3345(a) of (1) in clause (i), in the matter preceding
‘‘(ii) if the Inspector General has not made subclause (I), by inserting ‘‘, including em-
title 5, United States Code, section 103(e) of
a designation described in clause (i)(II)— ployees of that Office of Inspector General’’
the National Security Act of 1947 (50 U.S.C.
‘‘(I) the Principal Deputy Inspector Gen- 3025(e)), and subparagraphs (B) and (C) of after ‘‘employees’’; and
eral of that Office, as of the day before the paragraph (2), and subject to paragraph (4), (2) in clause (iii), by inserting ‘‘(including
date on which the Inspector General dies, re- during any period in which an Inspector Gen- the Integrity Committee of that Council)’’
signs, or otherwise becomes unable to per- eral is on non-duty status— after ‘‘and Efficiency’’.
form the functions and duties of that posi- ‘‘(A) the first assistant to the position of (b) COUNCIL OF THE INSPECTORS GENERAL ON
tion; or Inspector General shall perform the func- INTEGRITY AND EFFICIENCY.—Section
‘‘(II) if there is no Principal Deputy Inspec- tions and duties of the position temporarily 11(c)(5)(B) of the Inspector General Act of
tor General of that Office, the Deputy In- in an acting capacity subject to the time 1978 (5 U.S.C. App.) is amended by striking ‘‘,
spector General of that Office, as of the day limitations of section 3346 of title 5, United allegations of reprisal,’’ and inserting the
before the date on which the Inspector Gen- States Code; and following: ‘‘and allegations of reprisal (in-
eral dies, resigns, or otherwise becomes un- ‘‘(B) if the first assistant described in sub- cluding the timely and appropriate handling
able to perform the functions and duties of paragraph (A) dies, resigns, or becomes oth- and consideration of protected disclosures
that position; and erwise unable to perform those functions and and allegations of reprisal that are internal
‘‘(B) the term ‘Inspector General’— duties, the President (and only the Presi- to an Office of Inspector General)’’.
‘‘(i) means an Inspector General who is ap- dent) may direct an officer or employee in TITLE LII—PRESIDENTIAL EXPLANATION
pointed by the President, by and with the ad- that Office of Inspector General to perform OF FAILURE TO NOMINATE AN INSPEC-
vice and consent of the Senate; and those functions and duties temporarily in an TOR GENERAL
‘‘(ii) includes the Inspector General of an acting capacity, subject to the time limita-
establishment, the Inspector General of the SEC. 5121. PRESIDENTIAL EXPLANATION OF FAIL-
tions of section 3346 of title 5, United States URE TO NOMINATE AN INSPECTOR
Intelligence Community, the Inspector Gen- Code, if— GENERAL.
eral of the Central Intelligence Agency, the ‘‘(i) that direction satisfies the require- (a) IN GENERAL.—Subchapter III of chapter
Special Inspector General for the Troubled ments under clauses (ii), (iii), and (iv) of 33 of title 5, United States Code, is amended
Asset Relief Program, and the Special In- paragraph (2)(C); and by inserting after section 3349d the fol-
spector General for Pandemic Recovery. ‘‘(ii) that officer or employee served in a
‘‘(2) If an Inspector General dies, resigns, lowing:
position in that Office of Inspector General ‘‘§ 3349e. Presidential explanation of failure
or is otherwise unable to perform the func-
for not fewer than 90 of the 365 days pre- to nominate an inspector general
tions and duties of the position—
ceding the date on which the President
‘‘(A) section 3345(a) of title 5, United States ‘‘If the President fails to make a formal
makes that direction.
Code, and section 103(e) of the National Secu- ‘‘(4) An individual may perform the func- nomination for a vacant inspector general
rity Act of 1947 (50 U.S.C. 3025(e)) shall not tions and duties of an Inspector General tem- position that requires a formal nomination
apply; porarily and in an acting capacity under sub- by the President to be filled within the pe-
‘‘(B) subject to paragraph (4), the first as- paragraph (B) or (C) of paragraph (2), or riod beginning on the later of the date on
sistant to the position of Inspector General under paragraph (3), with respect to only 1 which the vacancy occurred or on which a
shall perform the functions and duties of the Inspector General position at any given nomination is rejected, withdrawn, or re-
Inspector General temporarily in an acting time. turned, and ending on the day that is 210
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capacity subject to the time limitations of ‘‘(5) If the President makes a direction days after that date, the President shall
section 3346 of title 5, United States Code; under paragraph (2)(C), during the 30-day pe- communicate, within 30 days after the end of
and riod preceding the date on which the direc- such period and not later than June 1 of each
‘‘(C) notwithstanding subparagraph (B), tion of the President takes effect, the func- year thereafter, to the appropriate congres-
and subject to paragraphs (4) and (5), the tions and duties of the position of the appli- sional committees, as defined in section 12 of
President (and only the President) may di- cable Inspector General shall be performed the Inspector General Act of 1978 (5 U.S.C.
rect an officer or employee of any Office of by— App.)—
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7969
‘‘(1) the reasons why the President has not President a report on the activities of the In- programs and operations of an Office of In-
yet made a formal nomination; and tegrity Committee during the immediately spector General for which the Integrity Com-
‘‘(2) a target date for making a formal preceding 6-month periods ending March 31 mittee may receive, review, and refer for in-
nomination.’’. and September 30, which shall include the vestigation allegations of wrongdoing under
(b) TECHNICAL AND CONFORMING AMEND- following with respect to allegations of section 11(d), submit a report to the Inspec-
MENT.—The table of sections for subchapter wrongdoing that are made against Inspectors tor General who leads the Office at which the
III of chapter 33 of title 5, United States General and staff members of the various Of- serious or flagrant problems, abuses, or defi-
Code, is amended by inserting after the item fices of Inspector General described in para- ciencies were alleged.
relating to section 3349d the following: graph (4)(C): ‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND
‘‘3349e. Presidential explanation of failure to ‘‘(A) An overview and analysis of the alle- THE ESTABLISHMENT.—Not later than 7 days
nominate an Inspector Gen- gations of wrongdoing disposed of by the In- after the date on which an Inspector General
eral.’’. tegrity Committee, including— receives a report submitted under paragraph
(c) EFFECTIVE DATE.—The amendment ‘‘(i) analysis of the positions held by indi- (1), the Inspector General shall submit to the
made by subsection (a) shall take effect— viduals against whom allegations were made, President, the appropriate congressional
(1) on the date of enactment of this Act including the duties affiliated with such po- committees, and the head of the establish-
with respect to any vacancy first occurring sitions; ment—
on or after that date; and ‘‘(ii) analysis of the categories or types of ‘‘(A) the report received under paragraph
(2) on the day that is 210 days after the the allegations of wrongdoing; and (1); and
date of enactment of this Act with respect to ‘‘(iii) a summary of disposition of all the ‘‘(B) a report by the Inspector General con-
any vacancy that occurred before the date of allegations. taining any comments the Inspector General
enactment of this Act. ‘‘(B) The number of allegations received by determines appropriate.’’.
TITLE LIII—INTEGRITY COMMITTEE OF the Integrity Committee. SEC. 5136. REQUIREMENT TO REPORT FINAL DIS-
THE COUNCIL OF INSPECTORS GEN- ‘‘(C) The number of allegations referred to POSITION TO CONGRESS.
ERAL ON INTEGRITY AND EFFICIENCY the Department of Justice or the Office of Section 11(d)(8)(B) of the Inspector General
TRANSPARENCY Special Counsel, including the number of al- Act of 1978 (5 U.S.C. App.) is amended by in-
SEC. 5131. SHORT TITLE.
legations referred for criminal investigation. serting ‘‘and the appropriate congressional
‘‘(D) The number of allegations referred to committees’’ after ‘‘Integrity Committee’’.
This title may be cited as the ‘‘Integrity
the Chairperson of the Integrity Committee SEC. 5137. INVESTIGATIONS OF OFFICES OF IN-
Committee Transparency Act of 2021’’.
for investigation, a general description of SPECTORS GENERAL OF ESTABLISH-
SEC. 5132. ADDITIONAL INFORMATION TO BE IN- MENTS BY THE INTEGRITY COM-
CLUDED IN REQUESTS AND RE-
the status of such investigations, and a sum-
mary of the findings of investigations com- MITTEE.
PORTS TO CONGRESS.
pleted. Section 11(d)(7)(B)(i)(V) of the Inspector
Section 11(d) of the Inspector General Act General Act of 1978 (5 U.S.C. App.) is amend-
of 1978 (5 U.S.C. App.) is amended— ‘‘(E) An overview and analysis of allega-
tions of wrongdoing received by the Integ- ed by inserting ‘‘, and that an investigation
(1) in paragraph (5)(B)(ii), by striking the of an Office of Inspector General of an estab-
period at the end and inserting ‘‘, the length rity Committee during any previous report-
ing period, but remained pending during lishment is conducted by another Office of
of time the Integrity Committee has been Inspector General of an establishment’’ after
evaluating the allegation of wrongdoing, and some part of the six months covered by the
report, including— ‘‘size’’.
a description of any previous written notice
‘‘(i) analysis of the positions held by indi- TITLE LIV—TESTIMONIAL SUBPOENA
provided under this clause with respect to
viduals against whom allegations were made, AUTHORITY FOR INSPECTORS GENERAL
the allegation of wrongdoing, including the
description provided for why additional time including the duties affiliated with such po- SEC. 5141. SHORT TITLE.
was needed.’’; and sitions; This title may be cited as the ‘‘IG Testi-
(2) in paragraph (8)(A)(ii), by inserting ‘‘or ‘‘(ii) analysis of the categories or types of monial Subpoena Authority Act’’.
corrective action’’ after ‘‘disciplinary ac- the allegations of wrongdoing; and SEC. 5142. ADDITIONAL AUTHORITY PROVISIONS
tion’’. ‘‘(iii) a summary of disposition of all the FOR INSPECTORS GENERAL.
SEC. 5133. AVAILABILITY OF INFORMATION TO
allegations. The Inspector General Act of 1978 (5 U.S.C.
CONGRESS ON CERTAIN ALLEGA- ‘‘(F) The number and category or type of App.) is amended—
TIONS OF WRONGDOING CLOSED pending investigations. (1) by inserting after section 6 the fol-
WITHOUT REFERRAL. ‘‘(G) For each allegation received— lowing:
Section 11(d)(5)(B) of the Inspector General ‘‘(i) the date on which the investigation ‘‘SEC. 6A. ADDITIONAL AUTHORITY.
Act of 1978 (5 U.S.C. App.) is amended by add- was opened; ‘‘(a) DEFINITIONS.—In this section—
ing at the end the following: ‘‘(ii) the date on which the allegation was ‘‘(1) the term ‘Chairperson’ means the
‘‘(iii) AVAILABILITY OF INFORMATION TO CON- disposed of, as applicable; and Chairperson of the Council of the Inspectors
GRESS ON CERTAIN ALLEGATIONS OF WRONG- ‘‘(iii) the case number associated with the General on Integrity and Efficiency;
DOING CLOSED WITHOUT REFERRAL.— allegation. ‘‘(2) the term ‘Inspector General’—
‘‘(I) IN GENERAL.—With respect to an alle- ‘‘(H) The nature and number of allegations ‘‘(A) means an Inspector General of an es-
gation of wrongdoing made by a member of to the Integrity Committee closed without tablishment or a designated Federal entity
Congress that is closed by the Integrity referral, including the justification for why (as defined in section 8G(a)); and
Committee without referral to the Chair- each allegation was closed without referral. ‘‘(B) includes—
person of the Integrity Committee to ini- ‘‘(I) A brief description of any difficulty ‘‘(i) the Inspector General of the Central
tiate an investigation, the Chairperson of encountered by the Integrity Committee Intelligence Agency established under sec-
the Integrity Committee shall, not later when receiving, evaluating, investigating, or tion 17 of the Central Intelligence Agency
than 60 days after closing the allegation of referring for investigation an allegation re- Act of 1949 (50 U.S.C. 3517);
wrongdoing, provide a written description of ceived by the Integrity Committee, includ- ‘‘(ii) the Inspector General of the Intel-
the nature of the allegation of wrongdoing ing a brief description of— ligence Community established under sec-
and how the Integrity Committee evaluated ‘‘(i) any attempt to prevent or hinder an tion 103H of the National Security Act of 1947
the allegation of wrongdoing to— investigation; or (50 U.S.C. 3033);
‘‘(aa) the Chair and Ranking Minority ‘‘(ii) concerns about the integrity or oper- ‘‘(iii) the Special Inspector General for Af-
Member of the Committee on Homeland Se- ations at an Office of Inspector General. ghanistan Reconstruction established under
curity and Governmental Affairs of the Sen- ‘‘(J) Other matters that the Council con- section 1229 of the National Defense Author-
ate; and siders appropriate.’’. ization Act for Fiscal Year 2008 (Public Law
‘‘(bb) the Chair and Ranking Minority SEC. 5135. ADDITIONAL REPORTS. 110–181; 122 Stat. 379);
Member of the Committee on Oversight and Section 5 of the Inspector General Act of ‘‘(iv) the Special Inspector General for the
Reform of the House of Representatives. 1978 (5 U.S.C. App.) is amended— Troubled Asset Relief Plan established under
‘‘(II) REQUIREMENT TO FORWARD.—The (1) by redesignating subsections (e) and (f) section 121 of the Emergency Economic Sta-
Chairperson of the Integrity Committee as subsections (g) and (h), respectively; and bilization Act of 2008 (12 U.S.C. 5231); and
shall forward any written description or up- (2) by inserting after subsection (d) the fol- ‘‘(v) the Special Inspector General for Pan-
date provided under this clause to the mem- lowing: demic Recovery established under section
bers of the Integrity Committee and to the ‘‘(e) ADDITIONAL REPORTS.— 4018 of the CARES Act (15 U.S.C. 9053); and
Chairperson of the Council.’’. ‘‘(1) REPORT TO INSPECTOR GENERAL.—The ‘‘(3) the term ‘Subpoena Panel’ means the
ctelli on DSK11ZRN23PROD with SENATE
SEC. 5134. SEMIANNUAL REPORT. Chairperson of the Integrity Committee of panel to which requests for approval to issue
Section 11(d)(9) of the Inspector General the Council of the Inspectors General on In- a subpoena are submitted under subsection
Act of 1978 (5 U.S.C. App.) is amended to read tegrity and Efficiency shall, immediately (e).
as follows: whenever the Chairperson of the Integrity ‘‘(b) TESTIMONIAL SUBPOENA AUTHORITY.—
‘‘(9) SEMIANNUAL REPORT.—On or before Committee becomes aware of particularly se- ‘‘(1) IN GENERAL.—In addition to the au-
May 31, 2022, and every 6 months thereafter, rious or flagrant problems, abuses, or defi- thority otherwise provided by this Act and
the Council shall submit to Congress and the ciencies relating to the administration of in accordance with the requirements of this
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S7970 CONGRESSIONAL RECORD — SENATE November 4, 2021
section, each Inspector General, in carrying from the Chairperson or a designee of the provided information regarding the subpoena
out the provisions of this Act or the provi- Chairperson regarding selection for the Sub- request, including whether the Attorney
sions of the authorizing statute of the In- poena Panel, the Chairperson or a designee General opposed issuance of the proposed
spector General, as applicable, is authorized of the Chairperson may randomly draw a subpoena;
to require by subpoena the attendance and new inspector general from the pool to serve ‘‘(C) the members of the Subpoena Panel
testimony of witnesses as necessary in the on the Subpoena Panel. considering the subpoena;
performance of an audit, inspection, evalua- ‘‘(C) CONTENTS OF REQUEST.—The request ‘‘(D) the date on which the subpoena re-
tion, or investigation, which subpoena, in described in subparagraph (A) shall include quest was sent to the Subpoena Panel, the
the case of contumacy or refusal to obey, any information provided by the Attorney date on which the Subpoena Panel approved
shall be enforceable by order of any appro- General related to the subpoena, which the or disapproved the subpoena request, and the
priate United States district court. Attorney General requests that the Sub- decision of the Subpoena Panel; and
‘‘(2) PROHIBITION.—An Inspector General poena Panel consider. ‘‘(E) the date on which the subpoena was
may not require by subpoena the attendance ‘‘(D) PROTECTION FROM DISCLOSURE.— issued, if approved; and
and testimony of a Federal employee or em- ‘‘(i) IN GENERAL.—The information con- ‘‘(4) any other information the Council of
ployee of a designated Federal entity, but tained in a request submitted by an Inspec- the Inspectors General on Integrity and Effi-
may use other authorized procedures. tor General under subparagraph (A) and the ciency considers appropriate to include.
‘‘(3) DETERMINATION BY INSPECTOR GEN- identification of a witness shall be protected ‘‘(g) TRAINING AND STANDARDS.—The Coun-
ERAL.—The determination of whether a mat- from disclosure to the extent permitted by cil of the Inspectors General on Integrity
ter constitutes an audit, inspection, evalua- law. and Efficiency, in consultation with the At-
tion, or investigation shall be at the discre- ‘‘(ii) REQUEST FOR DISCLOSURE.—Any re- torney General, shall promulgate standards
tion of the applicable Inspector General. quest for disclosure of the information de- and provide training relating to the issuance
‘‘(c) LIMITATION ON DELEGATION.—The au- scribed in clause (i) shall be submitted to the of subpoenas, conflicts of interest, and any
thority to issue a subpoena under subsection Inspector General requesting the subpoena. other matter the Council determines nec-
(b) may only be delegated to an official per- ‘‘(2) TIME TO RESPOND.— essary to carry out this section.
forming the functions and duties of an In- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(h) APPLICABILITY.—The provisions of this
spector General when the Inspector General subparagraph (B), the Subpoena Panel shall section shall not affect the exercise of au-
position is vacant or when the Inspector approve or deny a request for approval to thority by an Inspector General of testi-
General is unable to perform the functions issue a subpoena submitted under paragraph monial subpoena authority established under
and duties of the Office of the Inspector Gen- (1) not later than 10 days after the submis- another provision of law.
eral. sion of the request. ‘‘(i) TERMINATION.—The authorities pro-
‘‘(d) NOTICE TO ATTORNEY GENERAL.— ‘‘(B) ADDITIONAL INFORMATION FOR PANEL.— vided under subsection (b) shall terminate on
‘‘(1) IN GENERAL.—Not less than 10 days be- If the Subpoena Panel determines that addi- January 1, 2027, provided that this subsection
fore submitting a request for approval to tional information is necessary to approve or shall not affect the enforceability of a sub-
issue a subpoena to the Subpoena Panel deny a request for approval to issue a sub- poena issued on or before December 31,
under subsection (e), an Inspector General 2026.’’;
poena submitted by an Inspector General
shall— (2) in section 5(a), as amended by section
under paragraph (1), the Subpoena Panel
‘‘(A) notify the Attorney General of the 903 of this Act—
shall—
plan of the Inspector General to issue the (A) in paragraph (16)(B), as so redesignated,
‘‘(i) request that information; and
subpoena; and by striking the period at the end and insert-
‘‘(ii) approve or deny the request for ap-
‘‘(B) take into consideration any informa- ing ‘‘; and’’; and
proval submitted by the Inspector General
tion provided by the Attorney General relat- (B) by adding at the end the following:
not later than 20 days after the Subpoena
ing to the subpoena. ‘‘(17) a description of the use of subpoenas
Panel submits the request for information
‘‘(2) RULE OF CONSTRUCTION.—Nothing in for the attendance and testimony of certain
under clause (i).
this subsection may be construed to prevent witnesses authorized under section 6A.’’; and
‘‘(3) APPROVAL BY PANEL.—If all members
an Inspector General from submitting to the (3) in section 8G(g)(1), by inserting ‘‘6A,’’
of the Subpoena Panel unanimously approve
Subpoena Panel under subsection (e) a re- before ‘‘and 7’’.
a request for approval to issue a subpoena
quest for approval to issue a subpoena if 10 SEC. 5143. REVIEW BY THE COMPTROLLER GEN-
submitted by an Inspector General under
or more days have elapsed since the date on ERAL.
paragraph (1), the Inspector General may
which the Inspector General submits to the Not later than January 1, 2026, the Comp-
issue the subpoena.
Attorney General the notification required troller General of the United States shall
‘‘(4) NOTICE TO COUNCIL AND ATTORNEY GEN- submit to the appropriate congressional
under paragraph (1)(A) with respect to that ERAL.—Upon issuance of a subpoena by an In-
subpoena. committees a report reviewing the use of tes-
spector General under subsection (b), the In- timonial subpoena authority, which shall in-
‘‘(e) PANEL REVIEW BEFORE ISSUANCE.—
spector General shall provide contempora- clude—
‘‘(1) APPROVAL REQUIRED.—
neous notice of such issuance to the Chair- (1) a summary of the information included
‘‘(A) REQUEST FOR APPROVAL BY SUBPOENA
person or a designee of the Chairperson and in the semiannual reports to Congress under
PANEL.—Before the issuance of a subpoena
to the Attorney General. section 6A(f) of the Inspector General Act of
described in subsection (b), an Inspector Gen- ‘‘(f) SEMIANNUAL REPORTING.—On or before
eral shall submit to a panel a request for ap- 1978 (5 U.S.C. App.), as added by this title, in-
May 31, 2022, and every 6 months thereafter,
proval to issue the subpoena, which shall in- cluding an analysis of any patterns and
the Council of the Inspectors General on In-
clude a determination by the Inspector Gen- trends identified in the use of the authority
tegrity and Efficiency shall submit to the
eral that— during the reporting period;
Committee on Homeland Security and Gov-
‘‘(i) the testimony is likely to be reason- ernmental Affairs of the Senate, the Com- (2) a review of subpoenas issued by inspec-
ably relevant to the audit, inspection, eval- mittee on Oversight and Reform of the House tors general on and after the date of enact-
uation, or investigation for which the sub- of Representatives, and the Comptroller Gen- ment of this Act to evaluate compliance
poena is sought; and eral of the United States a report on the use with this Act by the respective inspector
‘‘(ii) the information to be sought cannot of subpoenas described in subsection (b) in general, the Subpoena Panel, and the Coun-
be reasonably obtained through other means. any audit, inspection, evaluation, or inves- cil of the Inspectors General on Integrity
‘‘(B) COMPOSITION OF SUBPOENA PANEL.— tigation that concluded during the imme- and Efficiency; and
‘‘(i) IN GENERAL.—Subject to clauses (ii) diately preceding 6-month periods ending (3) any additional analysis, evaluation, or
and (iii), a Subpoena Panel shall be com- March 31 and September 30, which shall in- recommendation based on observations or in-
prised of 3 inspectors general appointed by clude— formation gathered by the Comptroller Gen-
the President and confirmed by the Senate, ‘‘(1) a list of each Inspector General that eral of the United States during the course
who shall be randomly drawn by the Chair- has submitted a request for approval of a of the review.
person or a designee of the Chairperson from subpoena to the Subpoena Panel; TITLE LV—INVESTIGATIONS OF
a pool of all such inspectors general. ‘‘(2) for each applicable Inspector General, DEPARTMENT OF JUSTICE PERSONNEL
‘‘(ii) CLASSIFIED INFORMATION.—If consider- the number of subpoenas submitted to the SEC. 5151. SHORT TITLE.
ation of a request for a subpoena submitted Subpoena Panel, approved by the Subpoena This title may be cited as the ‘‘Inspector
under subparagraph (A) would require access Panel, and disapproved by the Subpoena General Access Act of 2021’’.
to classified information, the Chairperson or Panel; SEC. 5152. INVESTIGATIONS OF DEPARTMENT OF
a designee of the Chairperson may limit the ‘‘(3) for each subpoena submitted to the JUSTICE PERSONNEL.
pool of inspectors general described in clause Subpoena Panel for approval— Section 8E of the Inspector General Act of
ctelli on DSK11ZRN23PROD with SENATE
(i) to appropriately cleared inspectors gen- ‘‘(A) an anonymized description of the indi- 1978 (5 U.S.C. App.) is amended—
eral. vidual or organization to whom the subpoena (1) in subsection (b)—
‘‘(iii) CONFIRMATION OF AVAILABILITY.—If an was directed; (A) in paragraph (2), by striking ‘‘and para-
inspector general drawn from the pool de- ‘‘(B) the date on which the subpoena re- graph (3)’’;
scribed in clause (i) does not confirm their quest was sent to the Attorney General, the (B) by striking paragraph (3);
availability to serve on the Subpoena Panel date on which the Attorney General re- (C) by redesignating paragraphs (4) and (5)
within 24 hours of receiving a notification sponded, and whether the Attorney General as paragraphs (3) and (4), respectively; and
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7971
(D) in paragraph (4), as redesignated, by not provided to the Inspector General by the the Congress’’ and inserting ‘‘appropriate
striking ‘‘paragraph (4)’’ and inserting date that is 30 days after the report is made, congressional committees, including the
‘‘paragraph (3)’’; and the Inspector General shall submit a notice Committee on Finance of the Senate and the
(2) in subsection (d), by striking ‘‘, except that the information or assistance requested Committee on Ways and Means of the House
with respect to allegations described in sub- has not been provided by the head of the es- of Representatives’’; and
section (b)(3),’’. tablishment involved or the head of the Fed- (B) in subsection (g)—
TITLE LVI—NOTICE OF ONGOING INVES- eral agency involved, as applicable, to the (i) in paragraph (1)—
TIGATIONS WHEN THERE IS A CHANGE appropriate congressional committees.’’. (I) by striking ‘‘committees or subcommit-
IN STATUS OF INSPECTOR GENERAL TITLE LIX—TRAINING RESOURCES FOR tees of the Congress’’ and inserting ‘‘congres-
INSPECTORS GENERAL AND OTHER sional committees’’; and
SEC. 5161. NOTICE OF ONGOING INVESTIGATIONS
MATTERS (II) by striking ‘‘Committees on Govern-
WHEN THERE IS A CHANGE IN STA-
TUS OF INSPECTOR GENERAL. mental Affairs and Finance of the Senate
SEC. 5191. TRAINING RESOURCES FOR INSPEC-
TORS GENERAL. and the Committees on Government Reform
Section 5 of the Inspector General Act of
Section 11(c)(1) of the Inspector General and Oversight and Ways and Means of the
1978 (5 U.S.C. App.) is amended by inserting
House of Representatives’’ and inserting
after subsection (e), as added by section 5135 Act of 1978 (5 U.S.C. App.) is amended—
‘‘Committee on Finance of the Senate and
of this division, the following: (1) by redesignating subparagraphs (E)
the Committee on Ways and Means of the
‘‘(f) Not later than 15 days after an Inspec- through (I) as subparagraphs (F) through (J),
House of Representatives’’; and
tor General is removed, placed on paid or un- respectively; and
(ii) in paragraph (2), by striking ‘‘commit-
paid non-duty status, or transferred to an- (2) by inserting after subparagraph (D) the
tees or subcommittees of Congress’’ and in-
other position or location within an estab- following:
serting ‘‘congressional committees’’;
lishment, the officer or employee performing ‘‘(E) support the professional development
(5) in section 8E—
the functions and duties of the Inspector of Inspectors General, including by providing
(A) in subsection (a)(3), by striking ‘‘Com-
General temporarily in an acting capacity training opportunities on the duties, respon-
mittees on Governmental Affairs and Judici-
shall submit to the Committee on Homeland sibilities, and authorities under this Act and ary of the Senate and the Committees on
Security and Governmental Affairs of the on topics relevant to Inspectors General and Government Operations and Judiciary of the
Senate and the Committee on Oversight and the work of Inspectors General, as identified House of Representatives, and to other ap-
Reform of the House of Representatives in- by Inspectors General and the Council.’’. propriate committees or subcommittees of
formation regarding work being conducted SEC. 5192. DEFINITION OF APPROPRIATE CON- the Congress’’ and inserting ‘‘appropriate
by the Office as of the date on which the In- GRESSIONAL COMMITTEES.
congressional committees, including the
spector General was removed, placed on paid The Inspector General Act of 1978 (5 U.S.C. Committee on the Judiciary of the Senate
or unpaid non-duty status, or transferred, App.) is amended— and the Committee on the Judiciary of the
which shall include— (1) in section 5— House of Representatives’’; and
‘‘(1) for each investigation— (A) in subsection (b), in the matter pre- (B) in subsection (c)—
‘‘(A) the type of alleged offense; ceding paragraph (1), by striking ‘‘commit- (i) by striking ‘‘committees or subcommit-
‘‘(B) the fiscal quarter in which the Office tees or subcommittees of the Congress’’ and tees of the Congress’’ and inserting ‘‘congres-
initiated the investigation; inserting ‘‘congressional committees’’; and sional committees’’; and
‘‘(C) the relevant Federal agency, includ- (B) in subsection (d), by striking ‘‘commit- (ii) by striking ‘‘Committees on the Judici-
ing the relevant component of that Federal tees or subcommittees of Congress’’ and in- ary and Governmental Affairs of the Senate
agency for any Federal agency listed in sec- serting ‘‘congressional committees’’; and the Committees on the Judiciary and
tion 901(b) of title 31, United States Code, (2) in section 6(h)(4)— Government Operations of the House of Rep-
under investigation or affiliated with the in- (A) in subparagraph (B), by striking ‘‘Gov- resentatives’’ and inserting ‘‘Committee on
dividual or entity under investigation; and ernment’’; and the Judiciary of the Senate and the Com-
‘‘(D) whether the investigation is adminis- (B) by amending subparagraph (C) to read mittee on the Judiciary of the House of Rep-
trative, civil, criminal, or a combination as follows: resentatives’’;
thereof, if known; and ‘‘(C) Any other relevant congressional (6) in section 8G—
‘‘(2) for any work not described in para- committee or subcommittee of jurisdic- (A) in subsection (d)(2)(E), in the matter
graph (1)— tion.’’; preceding clause (i), by inserting ‘‘the appro-
‘‘(A) a description of the subject matter (3) in section 8— priate congressional committees, including’’
and scope; (A) in subsection (b)— after ‘‘are’’; and
‘‘(B) the relevant agency, including the rel- (i) in paragraph (3), by striking ‘‘the Com- (B) in subsection (f)(3)—
evant component of that Federal agency, mittees on Armed Services and Govern- (i) in subparagraph (A)(iii), by striking
under review; mental Affairs of the Senate and the Com- ‘‘Committee on Governmental Affairs of the
‘‘(C) the date on which the Office initiated mittee on Armed Services and the Com- Senate and the Committee on Government
the work; and mittee on Government Reform and Oversight Reform and Oversight of the House of Rep-
‘‘(D) the expected time frame for comple- of the House of Representatives and to other resentatives, and to other appropriate com-
tion.’’. appropriate committees or subcommittees of mittees or subcommittees of the Congress’’
TITLE LVII—COUNCIL OF THE INSPEC- the Congress’’ and inserting ‘‘the appropriate and inserting ‘‘the appropriate congressional
TORS GENERAL ON INTEGRITY AND EF- congressional committees, including the committees’’; and
FICIENCY REPORT ON EXPENDITURES Committee on Armed Services of the Senate (ii) by striking subparagraph (C);
and the Committee on Armed Services of the (7) in section 8I—
SEC. 5171. CIGIE REPORT ON EXPENDITURES.
House of Representatives’’; and (A) in subsection (a)(3), in the matter pre-
Section 11(c)(3) of the Inspector General (ii) in paragraph (4), by striking ‘‘and to ceding subparagraph (A), by striking ‘‘com-
Act of 1978 (5 U.S.C. App.) is amended by add- other appropriate committees or subcommit- mittees and subcommittees of Congress’’ and
ing at the end the following: tees’’; and inserting ‘‘congressional committees’’; and
‘‘(D) REPORT ON EXPENDITURES.—Not later (B) in subsection (f)— (B) in subsection (d), by striking ‘‘commit-
than November 30 of each year, the Chair- (i) in paragraph (1), by striking ‘‘the Com- tees and subcommittees of Congress’’ each
person shall submit to the appropriate com- mittees on Armed Services and on Homeland place it appears and inserting ‘‘congressional
mittees or subcommittees of Congress, in- Security and Governmental Affairs of the committees’’;
cluding the Committee on Appropriations of Senate and the Committees on Armed Serv- (8) in section 8N(b), by striking ‘‘commit-
the Senate and the Committee on Appropria- ices and on Oversight and Government Re- tees of Congress’’ and inserting ‘‘congres-
tions of the House of Representatives, a re- form of the House of Representatives and to sional committees’’;
port on the expenditures of the Council for other appropriate committees or subcommit- (9) in section 11—
the preceding fiscal year, including from di- tees of Congress’’ and inserting ‘‘the appro- (A) in subsection (b)(3)(B)(viii)—
rect appropriations to the Council, inter- priate congressional committees, including (i) by striking subclauses (III) and (IV);
agency funding pursuant to subparagraph the Committee on Armed Services of the (ii) in subclause (I), by adding ‘‘and’’ at the
(A), a revolving fund pursuant to subpara- Senate and the Committee on Armed Serv- end; and
graph (B), or any other source.’’. ices of the House of Representatives’’; and (iii) by amending subclause (II) to read as
TITLE LVIII—NOTICE OF REFUSAL TO (ii) in paragraph (2), by striking ‘‘commit- follows:
PROVIDE INSPECTORS GENERAL ACCESS tees or subcommittees of the Congress’’ and ‘‘(II) the appropriate congressional com-
SEC. 5181. NOTICE OF REFUSAL TO PROVIDE IN- inserting ‘‘congressional committees’’; mittees.’’; and
ctelli on DSK11ZRN23PROD with SENATE
FORMATION OR ASSISTANCE TO IN- (4) in section 8D— (B) in subsection (d)(8)(A)(iii), by striking
SPECTORS GENERAL. (A) in subsection (a)(3), by striking ‘‘Com- ‘‘to the’’ and all that follows through ‘‘juris-
Section 6(c) of the Inspector General Act of mittees on Governmental Affairs and Fi- diction’’ and inserting ‘‘to the appropriate
1978 (5 U.S.C. App.) is amended by adding at nance of the Senate and the Committees on congressional committees’’; and
the end the following: Government Operations and Ways and Means (10) in section 12—
‘‘(3) If the information or assistance that is of the House of Representatives, and to other (A) in paragraph (4), by striking ‘‘and’’ at
the subject of a report under paragraph (2) is appropriate committees or subcommittees of the end;
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S7972 CONGRESSIONAL RECORD — SENATE November 4, 2021
(B) in paragraph (5), by striking the period the Office or restricted or significantly de- vide links to the relevant webpage or website
at the end and inserting ‘‘; and’’; and layed access to information, including the in the report of the Office under subsection
(C) by adding at the end the following: justification of the establishment for such (a) in lieu of including the information in
‘‘(6) the term ‘appropriate congressional action; and that report.’’.
committees’ means— ‘‘(B) a summary of each report made to the
‘‘(A) the Committee on Homeland Security head of the establishment under section SEC. 5194. SUBMISSION OF REPORTS THAT SPE-
CIFICALLY IDENTIFY NON-GOVERN-
and Governmental Affairs of the Senate; 6(c)(2) during the reporting period;’’; and
MENTAL ORGANIZATIONS OR BUSI-
‘‘(B) the Committee on Oversight and Re- (B) in subsection (b)— NESS ENTITIES.
form of the House of Representatives; and (i) by striking paragraphs (2) and (3) and
‘‘(C) any other relevant congressional com- inserting the following: (a) IN GENERAL.—Section 5(g) of the Inspec-
mittee or subcommittee of jurisdiction.’’. ‘‘(2) where final action on audit, inspec- tor General Act of 1978 (5 U.S.C. App.), as so
SEC. 5193. SEMIANNUAL REPORTS. tion, and evaluation reports had not been redesignated by section 5135 of this division,
The Inspector General Act of 1978 (5 U.S.C. taken before the commencement of the re- is amended by adding at the end the fol-
App.) is amended— porting period, statistical tables showing— lowing:
(1) in section 4(a)(2)— ‘‘(A) with respect to management deci-
‘‘(6)(A) Except as provided in subparagraph
(A) by inserting ‘‘, including’’ after ‘‘to sions—
‘‘(i) for each report, whether a manage- (B), if an audit, evaluation, inspection, or
make recommendations’’; and other non-investigative report prepared by
ment decision was made during the reporting
(B) by inserting a comma after ‘‘section an Inspector General specifically identifies a
period;
5(a)’’; specific non-governmental organization or
‘‘(ii) if a management decision was made
(2) in section 5— business entity, whether or not the non-gov-
during the reporting period, the dollar value
(A) in subsection (a)— ernmental organization or business entity is
of disallowed costs and funds to be put to
(i) by striking paragraphs (1) through (12) the subject of that audit, evaluation, inspec-
better use as agreed to in the management
and inserting the following: tion, or non-investigative report—
decision; and
‘‘(1) a description of significant problems, ‘‘(i) the Inspector General shall notify the
‘‘(iii) total number of reports where a man-
abuses, and deficiencies relating to the ad- non-governmental organization or business
agement decision was made during the re-
ministration of programs and operations of porting period and the total corresponding entity;
the establishment and associated reports and dollar value of disallowed costs and funds to ‘‘(ii) the non-governmental organization or
recommendations for corrective action made be put to better use as agreed to in the man- business entity shall have—
by the Office; agement decision; and ‘‘(I) 30 days to review the audit, evalua-
‘‘(2) an identification of each recommenda- ‘‘(B) with respect to final actions— tion, inspection, or non-investigative report
tion made before the reporting period, for ‘‘(i) whether, if a management decision was beginning on the date of publication of the
which corrective action has not been com- made before the end of the reporting period, audit, evaluation, inspection, or non-inves-
pleted, including the potential costs savings final action was taken during the reporting tigative report; and
associated with the recommendation; period; ‘‘(II) the opportunity to submit a written
‘‘(3) a summary of significant investiga- ‘‘(ii) if final action was taken, the dollar response for the purpose of clarifying or pro-
tions closed during the reporting period; value of— viding additional context as it directly re-
‘‘(4) an identification of the total number ‘‘(I) disallowed costs that were recovered lates to each instance wherein an audit,
of convictions during the reporting period re- by management through collection, offset, evaluation, inspection, or non-investigative
sulting from investigations; property in lieu of cash, or otherwise; report specifically identifies that non-gov-
‘‘(5) information regarding each audit, in- ‘‘(II) disallowed costs that were written off ernmental organization or business entity;
spection, or evaluation report issued during by management; and
the reporting period, including— ‘‘(III) disallowed costs and funds to be put ‘‘(iii) if a written response is submitted
‘‘(A) a listing of each audit, inspection, or to better use not yet recovered or written off under clause (ii)(II) within the 30-day period
evaluation; by management; described in clause (ii)(I)—
‘‘(B) if applicable, the total dollar value of ‘‘(IV) recommendations that were com- ‘‘(I) the written response shall be attached
questioned costs (including a separate cat- pleted; and to the audit, evaluation, inspection, or non-
egory for the dollar value of unsupported ‘‘(V) recommendations that management investigative report; and
costs) and the dollar value of recommenda- has subsequently concluded should not or ‘‘(II) in every instance where the report
tions that funds be put to better use, includ- could not be implemented or completed; and may appear on the public-facing website of
ing whether a management decision had been ‘‘(iii) total number of reports where final the Inspector General, the website shall be
made by the end of the reporting period; action was not taken and total number of re- updated in order to access a version of the
‘‘(6) information regarding any manage- ports where final action was taken, including audit, evaluation, inspection, or non-inves-
ment decision made during the reporting pe- the total corresponding dollar value of dis- tigative report that includes the written re-
riod with respect to any audit, inspection, or allowed costs and funds to be put to better sponse.
evaluation issued during a previous report- use as agreed to in the management deci-
ing period;’’; sions;’’; ‘‘(B) Subparagraph (A) shall not apply with
(ii) by redesignating paragraphs (13) (ii) by redesignating paragraph (4) as para- respect to a non-governmental organization
through (22) as paragraphs (7) through (16), graph (3); or business entity that refused to provide in-
respectively; (iii) in paragraph (3), as so redesignated, by formation or assistance sought by an Inspec-
(iii) by amending paragraph (13), as so re- striking ‘‘subsection (a)(20)(A)’’ and insert- tor General during the creation of the audit,
designated, to read as follows: ing ‘‘subsection (a)(14)(A)’’; and evaluation, inspection, or non-investigative
‘‘(13) a report on each investigation con- (iv) by striking paragraph (5) and inserting report.
ducted by the Office where allegations of the following: ‘‘(C) An Inspector General shall review any
misconduct were substantiated, including ‘‘(4) a statement explaining why final ac- written response received under subpara-
the name of the senior Government em- tion has not been taken with respect to each graph (A) for the purpose of preventing the
ployee, if already made public by the Office, audit, inspection, and evaluation report in improper disclosure of classified information
and a detailed description of— which a management decision has been made or other non-public information, consistent
‘‘(A) the facts and circumstances of the in- but final action has not yet been taken, ex- with applicable laws, rules, and regulations,
vestigation; and cept that such statement— and, if necessary, redact such information.’’.
‘‘(B) the status and disposition of the mat- ‘‘(A) may exclude reports if—
ter, including— ‘‘(i) a management decision was made (b) RETROACTIVE APPLICABILITY.—During
‘‘(i) if the matter was referred to the De- within the preceding year; or the 30-day period beginning on the date of
partment of Justice, the date of the referral; ‘‘(ii) the report is under formal administra- enactment of this Act—
and tive or judicial appeal or management of the (1) the amendment made by subsection (a)
‘‘(ii) if the Department of Justice declined establishment has agreed to pursue a legisla- shall apply upon the request of a non-govern-
the referral, the date of the declination;’’; tive solution; and mental organization or business entity
and ‘‘(B) shall identify the number of reports in named in an audit, evaluation, inspection, or
(iv) in paragraph (15), as so redesignated, each category so excluded.’’; other non-investigative report prepared on
by striking subparagraphs (A) and (B) and in- (C) by redesignating subsection (h), as so or after January 1, 2019; and
serting the following: redesignated by section 305, as subsection (i); (2) any written response submitted under
ctelli on DSK11ZRN23PROD with SENATE
‘‘(A) any attempt by the establishment to and clause (iii) of section 5(g)(6)(A)of the Inspec-
interfere with the independence of the Office, (D) by inserting after subsection (g), as so tor General Act of 1978 (5 U.S.C. App.), as
including— redesignated by section 305, the following: added by subsection (a), with respect to such
‘‘(i) with budget constraints designed to ‘‘(h) If an Office has published any portion an audit, evaluation, inspection, or other
limit the capabilities of the Office; and of the report or information required under non-investigative report shall attach to the
‘‘(ii) incidents where the establishment has subsection (a) to the website of the Office or original report in the manner described in
resisted or objected to oversight activities of on oversight.gov, the Office may elect to pro- that clause.
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7973
SEC. 5195. REVIEW RELATING TO VETTING, PROC- (B) the number of such special immigrant (C) VET; VETTING.—The term ‘‘vet’’ and
ESSING, AND RESETTLEMENT OF visa applications received, approved, and de- ‘‘vetting’’, with respect to an evacuee, means
EVACUEES FROM AFGHANISTAN
nied, disaggregated by fiscal year; the process by which a Federal official inter-
AND THE AFGHANISTAN SPECIAL IM-
MIGRANT VISA PROGRAM. (C) the number of such special immigrant views the evacuee to determine whether the
(a) IN GENERAL.—In accordance with the visas issued, as compared to the number evacuee is who they purport to be, including
Inspector General Act of 1978 (5 U.S.C. App.), available under law, disaggregated by fiscal whether the evacuee poses a national secu-
the Inspector General of the Department of year; rity risk.
Homeland Security, jointly with the Inspec- (D) an assessment of the average length of (d) DISCHARGE OF RESPONSIBILITIES.—The
tor General of the Department of State, and time taken to process an application for such Inspector General of the Department of
in coordination with any appropriate inspec- a special immigrant visa, beginning on the Homeland Security and the Inspector Gen-
tor general, shall conduct a thorough review date of submission of the application and eral of the Department of State shall dis-
of efforts to support and process evacuees ending on the date of final disposition, charge the responsibilities under this section
from Afghanistan and the Afghanistan spe- disaggregated by fiscal year; in a manner consistent with the authorities
cial immigrant visa program. (E) an accounting of the number of applica- and requirements of the Inspector General
(b) ELEMENTS.—The review required by tions for such special immigrant visas that Act of 1978 (5 U.S.C. App.) and the authori-
subsection (a) shall include an assessment of remained pending at the end of each fiscal ties and requirements applicable to the In-
the systems, staffing, policies, and programs year; spector General of the Department of Home-
used— (F) an accounting of the number of inter- land Security and the Inspector General of
(1) to the screen and vet such evacuees, in- views of applicants for such special immi- the Department of State under that Act.
cluding— grant visas conducted during each fiscal (e) COORDINATION.—Upon request of an In-
(A) an assessment of whether personnel year; spector General for information or assist-
conducting such screening and vetting were (G) the number of noncitizens who were ad- ance under subsection (a), the head of any
appropriately authorized and provided with mitted to the United States pursuant to such Federal agency involved shall, insofar as is
training, including training in the detection a special immigrant visa during each fiscal practicable and not in contravention of any
of fraudulent personal identification docu- year; existing statutory restriction or regulation
ments; (H) an assessment of the extent to which of the Federal agency from which the infor-
(B) an analysis of the degree to which such each participating department or agency of mation is requested, furnish to such Inspec-
screening and vetting deviated from United the United States Government, including the tor General, or to an authorized designee,
States law, regulations, policy, and best Department of State and the Department of such information or assistance.
practices relating to the screening and vet- Homeland Security, adjusted processing (f) RULE OF CONSTRUCTION.—Nothing in this
ting of refugees and applicants for United practices and procedures for such special im- section shall be construed to limit the abil-
States visas that have been in use at any migrant visas so as to vet applicants and ex- ity of the Inspector General of the Depart-
time since January 1, 2016; pand processing capacity since the February ment of Homeland Security or the Inspector
(C) an identification of any risk to the na- 29, 2020, Doha Agreement between the United General of the Department of State to enter
tional security of the United States posed by States and the Taliban; into agreements to conduct joint audits, in-
any such deviations; (I) a list of specific steps, if any, taken be- spections, or investigations in the exercise of
(D) an analysis of the processes used for tween February 29, 2020, and August 31, 2021— the oversight responsibilities of the Inspec-
evacuees traveling without personal identi- (i) to streamline the processing of applica- tor General of the Department of Homeland
fication records, including the creation or tions for such special immigrant visas; and Security and the Inspector General of the
provision of any new identification records (ii) to address longstanding bureaucratic Department of State, in accordance with the
to such evacuees; and hurdles while improving security protocols; Inspector General Act of 1978 (5 U.S.C. App.),
(E) an analysis of the degree to which such (J) a description of the degree to which the with respect to oversight of the evacuation
screening and vetting process was capable of Secretary of State implemented rec- from Afghanistan, the selection, vetting, and
detecting— ommendations made by the Department of processing of applicants for special immi-
(i) instances of human trafficking and do- State Office of Inspector General in its June grant visas and asylum, and any resettle-
mestic abuse; 2020 reports on Review of the Afghan Special ment in the United States of such evacuees.
(ii) evacuees who are unaccompanied mi- Immigrant Visa Program (AUD-MERO-20-35) ---
nors; and and Management Assistance Report: Quar- SA 4463. Mr. SCHATZ submitted an
(iii) evacuees with a spouse that is a terly Reporting on Afghan Special Immi-
grant Visa Program Needs Improvement
amendment intended to be proposed to
minor;
(2) to admit and process such evacuees at (AUD-MERO-20-34); amendment SA 3867 submitted by Mr.
United States ports of entry; (K) an assessment of the extent to which REED and intended to be proposed to
(3) to temporarily house such evacuees challenges in verifying applicants’ employ- the bill H.R. 4350, to authorize appro-
prior to resettlement; ment with the Department of Defense con- priations for fiscal year 2022 for mili-
(4) to account for the total number of indi- tributed to delays in the processing of such tary activities of the Department of
vidual evacuated from Afghanistan in 2021 special immigrant visas, and an accounting Defense, for military construction, and
with support of the United States Govern- of the specific steps taken since February 29, for defense activities of the Depart-
ment, disaggregated by— 2020, to address issues surrounding employ-
ment verification; and
ment of Energy, to prescribe military
(A) country of origin;
(B) age; (L) recommendations to strengthen and personnel strengths for such fiscal
(C) gender; streamline such special immigrant visa proc- year, and for other purposes; which was
(D) eligibility for special immigrant visas ess going forward. ordered to lie on the table; as follows:
under the Afghan Allies Protection Act of (c) INTERIM REPORTING.— At the end of subtitle E of title III, add the
2009 (8 U.S.C. 1101 note; Public Law 111–8) or (1) IN GENERAL.—Not later than 180 days following:
section 1059 of the National Defense Author- after the date of the enactment of this Act, SEC. 376. OVERSIGHT OF THE PROCUREMENT OF
ization Act for Fiscal Year 2006 (8 U.S.C. 1101 the Inspector General of the Department of EQUIPMENT BY STATE AND LOCAL
note; Public Law 109–163) at the time of evac- Homeland Security and the Inspector Gen- GOVERNMENTS THROUGH THE DE-
uation; eral of the Department of State shall submit PARTMENT OF DEFENSE.
(E) eligibility for employment-based non- to the appropriate congressional committees Section 281 of title 10, United States Code,
immigrant visas at the time of evacuation; not fewer than one interim report on the re- is amended—
and view conducted under this section. (1) by redesignating subsection (d) as sub-
(F) familial relationship to evacuees who (2) DEFINITIONS.—In this subsection: section (f); and
are eligible for visas described in subpara- (A) APPROPRIATE CONGRESSIONAL COMMIT- (2) by inserting after subsection (c) the fol-
graphs (D) and (E); and TEES.—The term ‘‘appropriate congressional lowing new subsections:
(5) to provide eligible individuals with spe- committees’’ has the meaning given the ‘‘(d) LIMITATIONS ON PURCHASES.—(1) The
cial immigrant visas under the Afghan Allies term in section 12 of the Inspector General Secretary shall require, as a condition of any
Protection Act of 2009 (8 U.S.C. 1101 note; Act of 1978 (5 U.S.C. App.), as amended by purchase of equipment under this section,
Public Law 111–8) and section 1059 of the Na- this Act. that if the Department of Justice opens an
tional Defense Authorization Act for Fiscal (B) SCREEN; SCREENING.—The terms investigation into a State or unit of local
Year 2006 (8 U.S.C. 1101 note; Public Law 109– ‘‘screen’’ and ‘‘screening’’, with respect to an government under section 210401 of the Vio-
163) since the date of the enactment of the evacuee, mean the process by which a Fed- lent Crime Control and Law Enforcement
ctelli on DSK11ZRN23PROD with SENATE
Afghan Allies Protection Act of 2009 (8 U.S.C. eral official determines— Act of 1994 (34 U.S.C. 12601), the Secretary
1101 note; Public Law 111–8), including— (i) the identity of the evacuee; shall pause all pending or future purchases
(A) a detailed step-by-step description of (ii) whether the evacuee has a valid identi- by that State or unit of local government.
the application process for such special im- fication documentation; and ‘‘(2) The Secretary shall prohibit the pur-
migrant visas, including the number of days (iii) whether any database of the United chase of equipment by a State or unit of
allotted by the United States Government States Government contains derogatory in- local government for a period of 5 years upon
for the completion of each step; formation about the evacuee. a finding that equipment purchased under
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