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Inspector General Independence and Empowerment Act

Summary

Senate Report 117–226, dated December 5, 2022, is the report of the Committee on Homeland Security and Governmental Affairs, submitted by Mr. Peters, to accompany H.R. 2662, the Inspector General Independence and Empowerment Act. The bill would amend the Inspector General Act of 1978. The Committee reports favorably with an amendment in the nature of a substitute and recommends that the bill, as amended, do pass. The report includes a Congressional Budget Office cost estimate and lists the Committee members, with Mr. Peters as Chairman. Only the opening pages were read.

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Crpt Crpt 117Srpt226 Crpt 117Srpt226
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Crpt Crpt 117Srpt226 Crpt 117Srpt226

Cite this document

“Inspector General Independence and Empowerment Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117srpt226-crpt-117srpt226/, SHA-256 0da1d5fbc119cc6a51f51a9d3a535563621fe28670ad6b7214b0d8c34e37dd72.

Full text

                                                                                                                                1




                                                                                                       Calendar No. 585
                                       117TH CONGRESS                                                                       REPORT
                                                      "                             SENATE                         !
                                          2d Session                                                                        117–226




                                            INSPECTOR GENERAL INDEPENDENCE AND
                                                     EMPOWERMENT ACT


                                                                                R E P O R T
                                                                                     OF THE


                                           COMMITTEE ON HOMELAND SECURITY AND
                                                  GOVERNMENTAL AFFAIRS
                                                  UNITED STATES SENATE
                                                                                 TO ACCOMPANY


                                                                                 H.R. 2662
                                                        TO AMEND THE INSPECTOR GENERAL ACT OF 1978,
                                                                 AND FOR OTHER PURPOSES




                                                               DECEMBER 5, 2022.—Ordered to be printed



                                                                    U.S. GOVERNMENT PUBLISHING OFFICE
                                           39–010                               WASHINGTON : 2022




                                                                                                                                      E:\Seals\Congress.#13
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                                           COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
                                                             GARY C. PETERS, Michigan, Chairman
                                      THOMAS R. CARPER, Delaware              ROB PORTMAN, Ohio
                                      MAGGIE HASSAN, New Hampshire            RON JOHNSON, Wisconsin
                                      KYRSTEN SINEMA, Arizona                 RAND PAUL, Kentucky
                                      JACKY ROSEN, Nevada                     JAMES LANKFORD, Oklahoma
                                      ALEX PADILLA, California                MITT ROMNEY, Utah
                                      JON OSSOFF, Georgia                     RICK SCOTT, Florida
                                                                              JOSH HAWLEY, Missouri

                                                                     DAVID M. WEINBERG, Staff Director
                                                                     ZACHARY I. SCHRAM, Chief Counsel
                                                               LENA C. CHANG, Director of Governmental Affairs
                                                           MATTHEW T. CORNELIUS, Senior Professional Staff Member
                                                                  PAMELA THIESSEN, Minority Staff Director
                                                              SAM J. MULOPULOS, Minority Deputy Staff Director
                                                               WILLIAM H.W. MCKENNA, Minority Chief Counsel
                                                                      LAURA W. KILBRIDE, Chief Clerk




                                                                                           (II)




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                                                                                                                 Calendar No. 585
                                      117TH CONGRESS                                                                                       REPORT
                                                     "                                      SENATE                                 !
                                         2d Session                                                                                        117–226




                                                     INSPECTOR GENERAL INDEPENDENCE AND
                                                              EMPOWERMENT ACT



                                                                    DECEMBER 5, 2022.—Ordered to be printed




                                            Mr. PETERS, from the Committee on Homeland Security and
                                                  Governmental Affairs, submitted the following


                                                                                    R E P O R T
                                                                                [To accompany H.R. 2662]

                                                        [Including cost estimate of the Congressional Budget Office]

                                        The Committee on Homeland Security and Governmental Affairs,
                                      to which was referred the bill (H.R. 2662) to amend the Inspector
                                      General Act of 1978, and for other purposes, having considered the
                                      same, reports favorably thereon with an amendment, in the nature
                                      of a substitute, and recommends that the bill, as amended, do pass.
                                                                                          CONTENTS
                                                                                                                                                            Page
                                          I. Purpose and Summary ..................................................................................           1
                                         II. Background and Need for the Legislation ...................................................                      2
                                       III. Legislative History .........................................................................................     2
                                        IV. Section-by-Section Analysis of the Bill, as Reported ..................................                           4
                                         V. Evaluation of Regulatory Impact ..................................................................                8
                                        VI. Congressional Budget Office Cost Estimate ................................................                        8
                                       VII. Changes in Existing Law Made by the Bill, as Reported ...........................                                11

                                                                            I. PURPOSE AND SUMMARY
                                        H.R. 2662, the Inspector General Independence and Empower-
                                      ment Act of 2021, clarifies the 2008 Inspector General Reform Act
                                      by requiring the administration to provide a ‘‘substantive rationale,
                                      including detailed and case-specific reasons’’ prior to removing an
                                      inspector general (IG). It also limits the use of administrative leave
                                      for IGs, including during the 30 days following the removal an-
                                      nouncement. To ensure the independence of the IG community, the
                                      bill requires acting IGs to be selected from among senior-level em-
                                      ployees within the watchdog community. To protect the integrity of
                                            39–010




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                                      investigations and audits during an IG transition, the bill requires
                                      regular training to IG employees on their whistleblower rights. The
                                      legislation also provides federal watchdogs the authority to sub-
                                      poena the testimony of contractors and former federal officials, and
                                      gives the Department of Justice (DOJ) IG the authority to inves-
                                      tigate misconduct by DOJ attorneys. Finally, the bill includes a
                                      number of new reporting requirements for IGs, streamlines others,
                                      and tasks relevant IGs with oversight related to the processing of
                                      evacuees from Afghanistan.
                                                    II. BACKGROUND AND THE NEED FOR LEGISLATION
                                        The Inspector General Act of 1978 (IG Act) established offices of
                                      inspectors general and required them to keep agency heads and the
                                      Congress ‘‘fully and currently informed’’ about problems and defi-
                                      ciencies relating to the administration of agency programs and op-
                                      erations. In 2008, the Inspector General Reform Act became law
                                      and established the Council of the Inspectors General for Integrity
                                      and Efficiency (CIGIE) as the unified council of all statutory IGs
                                      with the mission to: address integrity, economy, and effectiveness
                                      issues that transcend individual government agencies; increase the
                                      professionalism, skills, and effectiveness of IG personnel by devel-
                                      oping guidance, standards, and policies.1
                                        Today, the IG Act governs over 70 IGs who provide invaluable
                                      oversight by investigating allegations of waste, fraud, and abuse of
                                      taxpayer dollars in agency programs and operations.2 The role of
                                      IGs as impartial, independent watchdogs is vital to Congressional
                                      oversight and to holding the federal government accountable to the
                                      public. However, IG offices are not impervious to politicization by
                                      agency officials and, too often, a lack of sufficient resources and ac-
                                      cess to information threatens to undermine their important work.
                                      Reforms are needed to preserve and strengthen IG independence,
                                      ensure sufficient access to information, and improve Congressional
                                      oversight of the IG community.
                                        H.R. 2662 would enhance the current presidential notification re-
                                      quirement for removing an inspector general, grant inspectors gen-
                                      eral temporary testimonial subpoena authority, and place reason-
                                      able limits on who can serve as an acting inspector general in the
                                      event of a vacancy. The bill will prevent harmful politicization of
                                      IGs by giving them necessary tools to carry out their mission and
                                      by ensuring Congress has the ability to conduct oversight of IG op-
                                      erations.
                                                                      III. LEGISLATIVE HISTORY
                                        Representative Carolyn Maloney (D–NY) introduced H.R. 2662,
                                      the IG Independence and Empowerment Act, on April 19, 2021,
                                      with Representatives Steny Hoyer (D–MD), Gerald Connolly (D–
                                      VA), Stephen Lynch (D–MA), Jimmy Gomez (D–CA), Katie Porter
                                      (D–CA), and Ted Lieu (D–CA). The bill was referred to the House
                                      Committee on Oversight and Reform and the House Committee on
                                      the Budget. Delegate Eleanor Holmes Norton (D–DC) joined as a
                                         1 Council of the Inspectors General on Integrity and Efficiency, Inspector General Act History
                                      Page (https://www.ignet.gov/content/ig-act-history) (accessed Jan. 26, 2022).
                                         2 Ben Wilhelm, Congressional Research Service, Legislative Proposals Related to the Removal
                                      of Inspectors General in the 116th Congress (2020).




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                                      cosponsor on April 21, 2021. Representatives Jim Cooper (D–TN)
                                      and Kweisi Mfume (D–MD) joined as cosponsors on May 7, 2021.
                                      Representative Ed Case (D–HI) joined as a cosponsor on May 28,
                                      2021. Representative Grace Napolitano (D–CA) joined as a cospon-
                                      sor on June 15, 2021.
                                         On May 25, 2021, the House Oversight Committee considered
                                      H.R. 2662 at a business meeting during which the bill was ordered
                                      to be reported favorably to the House, as amended by a substitute
                                      amendment. The bill was reported by the committee to the House
                                      on June 17, 2021. The House considered H.R. 2662 on June 29,
                                      2021 under suspension of the rules, and it passed by a roll call vote
                                      of 221–182.
                                         The bill was referred to the Senate Committee on Homeland Se-
                                      curity and Governmental Affairs on July 12, 2021. The Committee
                                      considered H.R. 2662 at a business meeting on November 3, 2021.
                                      During the business meeting, a modified amendment in the nature
                                      of a substitute (ANS) was offered by Chairman Peters and Ranking
                                      Member Portman and adopted by unanimous consent. The modified
                                      ANS made significant changes to H.R. 2662 as passed by the
                                      House, including removing for-cause removal protections for IGs
                                      and the authorization of direct appropriations for CIGIE, placing
                                      checks on the testimonial subpoena authority established in the
                                      bill, and streamlining IG reports to Congress.
                                         The modified ANS also incorporated requested changes from sev-
                                      eral offices. Sen. Paul requested the addition of a new section that
                                      gives non-governmental organizations the ability to review IG re-
                                      ports that mention them by name upon publication, and have a
                                      comment attached to the final report. Sen. Hassan requested the
                                      addition of a new section that streamlines the semiannual report-
                                      ing requirements for IGs. Several new guardrails, including a sun-
                                      set, were added to the testimonial subpoena authority provision in
                                      response to requests from Senators Romney and Scott. Finally, a
                                      change was made at the request of Sen. Lankford to require that
                                      CIGIE Integrity Committee investigations of Senate-confirmed IGs
                                      are conducted by other Senate-confirmed IGs.
                                         Ranking Member Portman offered an additional amendment and
                                      it was adopted by voice vote as amended by a Peters 2nd degree
                                      amendment. The Portman amendment, as amended, requires an IG
                                      review of the evacuation, processing, and resettlement of evacuees
                                      from Afghanistan and the Afghanistan Special Immigrant Visa
                                      Program.
                                         Senator Scott offered an amendment requiring a Department of
                                      Homeland Security (DHS) IG review of the vetting and processing
                                      of migrants apprehended on the southwest border of the United
                                      States, and Chairman Peters offered a 2nd degree amendment that
                                      made changes to the substance of the review, and neither amend-
                                      ment was adopted.
                                         Senator Hawley offered an amendment to expand the jurisdiction
                                      of and provide additional funding for the Special Inspector General
                                      for Pandemic Recovery (SIGPR). Chairman Peters offered a 2nd de-
                                      gree amendment to instead require a GAO study of pandemic relief
                                      funding oversight. Neither amendment was adopted.
                                         The bill was ordered reported favorably by voice vote as amend-
                                      ed. The Senators present were: Peters, Carper, Hassan, Sinema,




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                                                                                          4

                                      Rosen, Padilla, Ossoff, Portman, Johnson, Lankford, Romney, Scott,
                                      and Hawley.
                                           IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
                                      Section 1. Short title; Table of Contents
                                        Establishes the short title as the ‘‘Inspector General Independ-
                                      ence and Empowerment Act of 2021’’ and sets forth a table of con-
                                      tents for the bill.
                                                         TITLE I—INSPECTOR GENERAL INDEPENDENCE

                                      Section 101. Short title
                                        Establishes the short title as the ‘‘Securing Inspector General
                                      Independence Act of 2021.’’
                                      Section 102. Removal or transfer of Inspectors General; Placement
                                           on non-duty status
                                         This section clarifies the 30-day reporting requirement before an
                                      Inspector General (IG) is removed by requiring the President or
                                      agency head, where applicable, to provide the ‘‘substantive ration-
                                      ale, including detailed and case-specific reasons’’ before the removal
                                      of an IG. It only allows placement of an IG on administrative leave
                                      (‘‘non-duty status’’) during this 30-day period under the following
                                      circumstances set forth in the Administrative Leave Act: the IG
                                      poses a threat to themselves or others; the IG could destroy evi-
                                      dence relevant to an investigation; the IG poses a threat to Govern-
                                      ment property; or the IG may otherwise jeopardize legitimate gov-
                                      ernment interests. In such circumstance, an explanation must be
                                      submitted to Congress. This section also requires the President or
                                      agency head, where applicable, to provide 15 days’ notice to Con-
                                      gress when placing an IG on administrative leave unless the same
                                      Administrative Leave Act requirements are met and explained, in
                                      which case notice can be concurrent.
                                      Section 103. Vacancy in position of Inspector General
                                         This section requires that acting IGs for Presidentially-ap-
                                      pointed, Senate-confirmed IG positions be senior officials from
                                      within an Office of Inspector General (OIG) and, while an IG is on
                                      administrative leave that the acting IG come from within that par-
                                      ticular OIG. It also requires that current acting IGs meet the new
                                      requirements or vacate the position within 30 days.
                                      Section 104. Office of Inspector General whistleblower complaints
                                        This section requires the Council of the Inspectors General on In-
                                      tegrity and Efficiency (CIGIE) to establish best practices, and re-
                                      quires OIGs to provide annual training to all their employees, re-
                                      garding the whistleblower rights of OIG employees.
                                       TITLE II—PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN
                                                            INSPECTOR GENERAL

                                      Section 201. Presidential explanation of failure to nominate an In-
                                           spector General
                                        If the President does not make a formal nomination for a vacant
                                      IG position within 210 days of the vacancy occurring, this section




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                                                                                          5

                                      requires the President to submit to Congress an explanation for the
                                      failure to make a nomination and a target date for the nomination.
                                      The report is required within 30 days, and annually thereafter.
                                           TITLE III—INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS
                                                GENERAL ON INTEGRITY AND EFFICIENCY TRANSPARENCY

                                      Section 301. Short title
                                        This section establishes the short title as the ‘‘Integrity Com-
                                      mittee Transparency Act of 2021.’’
                                      Section 302. Additional information to be included in requests and
                                           reports to Congress
                                         This section requires the CIGIE Integrity Committee to include
                                      additional information when it notifies Congress that it has ex-
                                      tended the 30-day period to evaluate an allegation of wrongdoing,
                                      including the length of time the evaluation has been ongoing and
                                      a description of any previous written notice of extension. This sec-
                                      tion also requires the Committee to include recommendations on
                                      corrective action (in addition to disciplinary action) in reports to
                                      Congress on the results of investigations.
                                      Section 303. Availability of information to Congress on certain alle-
                                           gations of wrongdoing closed without referral
                                         This section requires reporting to Congress in situations where
                                      the CIGIE Integrity Committee closes an evaluation of an allega-
                                      tion referred by a member of Congress without referral to the
                                      Chairperson of the Integrity Committee for investigation. It also re-
                                      quires that the report be forwarded to the members of the Integrity
                                      Committee and to the CIGIE Chairperson.
                                      Section 304. Semiannual report
                                        This section establishes semiannual reporting on the activities of
                                      the CIGIE Integrity Committee with respect to allegations of
                                      wrongdoing made against IGs and OIG staff, including an overview
                                      and analysis of the allegations, the number of allegations and their
                                      outcomes, allegations made during previous reporting periods that
                                      remained pending, and any difficulties encountered by the Integrity
                                      Committee during evaluations or investigations.
                                      Section 305. Additional reports
                                        This section requires the Chairperson of the CIGIE Integrity
                                      Committee, after becoming aware of a flagrant problem at an OIG,
                                      to immediately submit a report on the problem to the relevant IG,
                                      who must then notify the President, Congress, and the relevant
                                      agency head within 7 days. This is similar to the 7-day letter re-
                                      quirement for when an agency refuses to provide information to an
                                      IG.
                                      Section 306. Requirement to report final disposition to Congress
                                        This section adds Senate HSGAC and House COR as recipients
                                      of reports of the final disposition of CIGIE Integrity Committee
                                      cases.




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                                      Section 307: Investigations of Offices of Inspectors General of estab-
                                          lishments by the Integrity Committee
                                        This section requires that investigations of OIGs of establish-
                                      ments be conducted by OIGs of establishments.
                                           TITLE IV—TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS
                                                                  GENERAL

                                      Section 401. Short title
                                        This section establishes the short title as the ‘‘IG Testimonial
                                      Subpoena Authority Act.’’
                                      Section 402. Additional authority provisions for Inspectors General
                                        This section grants IGs the authority to subpoena witness testi-
                                      mony and attendance as necessary during an audit, inspection,
                                      evaluation, or investigation, except for individuals who are other-
                                      wise obligated to provide testimony and cooperate with the IG.
                                        This section includes the following safeguards for IGs’ testi-
                                      monial subpoena authority:
                                             • Establishes a Subpoena Panel to approve or deny sub-
                                          poena requests, comprised of 3 Presidentially-appointed, Sen-
                                          ate-confirmed IGs. IGs must be randomly selected, with excep-
                                          tions to ensure selected IGs are appropriately cleared and
                                          available.
                                             • In a request for a subpoena, the IG must include the IG’s
                                          determination that the testimony sought is likely to be rel-
                                          evant to the audit, inspection, evaluation, or investigation and
                                          that the information to be sought cannot be reasonably ob-
                                          tained through other means.
                                             • In order for an IG to issue a subpoena, a majority of the
                                          Panel must approve the subpoena. The panel must decide
                                          whether to approve or disapprove the subpoena within 10 days
                                          of submission of the request or within 20 days of asking for ad-
                                          ditional information from the requesting IG. If a majority do
                                          not approve the subpoena, it may not be issued.
                                             • Before an IG requests approval for a subpoena from the
                                          Subpoena Panel, this section requires the IG to give notice to
                                          the Attorney General (AG) and to take into consideration any
                                          information from the AG relating to the subpoena. The IG may
                                          go ahead with requesting approval to issue a subpoena if the
                                          AG does not respond to the notice within 10 days, and the re-
                                          quest to the Panel must include any information provided by
                                          the AG.
                                             • Requires the IG to give notice to the Chairperson of CIGIE
                                          and to the AG upon issuing a subpoena.
                                             • Requires semiannual reporting to Congress on the use of
                                          subpoenas by IGs, including a list of all IGs who have sub-
                                          mitted a request to the Panel, anonymized descriptions of the
                                          requests, information provided by the AG related to the re-
                                          quests, Panel members for each request, relevant dates, and
                                          whether the requests were approved or denied.
                                        Additionally, this section requires CIGIE, in consultation with
                                      the AG, to issue standards and provide training relating to the
                                      issuance of subpoenas. This section sunsets the provision on Janu-




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                                                                                           7

                                      ary 1, 2027, and stipulates that the sunset shall not affect the en-
                                      forceability of subpoenas issued on or before December 31, 2026.
                                      Section 403. Review by Comptroller General
                                        This section requires the Comptroller General to review the use
                                      of testimonial subpoena authority by IGs and submit a report to
                                      Congress by January 1, 2026.
                                           TITLE V—INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL

                                      Section 501. Short title
                                        This section establishes the short title as the ‘‘Inspector General
                                      Access Act of 2021.’’
                                      Section 502. Investigations of Department of Justice personnel
                                         This section allows the Department of Justice (DOJ) IG to inves-
                                      tigate allegations of misconduct involving DOJ attorneys, which
                                      —under current law—the DOJ IG is required to refer to the DOJ
                                      Office of Professional Responsibility.
                                           TITLE VI—NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A
                                                     CHANGE IN STATUS OF INSPECTOR GENERAL

                                      Section 601. Notice of ongoing investigations when there is a change
                                          in status of Inspector General
                                        This section requires the acting IG to report to Congress about
                                      ongoing work by the OIG at the time of an IG’s removal, transfer,
                                      or placement on administrative leave within 15 days of the IG’s re-
                                      moval, transfer, or placement on administrative leave.
                                      TITLE VII—COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
                                                   EFFICIENCY REPORT ON EXPENDITURES

                                      Section 701. CIGIE report on expenditures
                                        This section requires the Chairperson of CIGIE to submit annu-
                                      ally to Congress a report on expenditures for the previous fiscal
                                      year.
                                           TITLE VIII—NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL
                                                                     ACCESS

                                      Section 801. Notice of refusal to provide information or assistance
                                           to Inspectors General
                                        If an agency refuses or does not provide requested information or
                                      assistance to an IG within 30 days of the IG notifying the agency
                                      head of the situation, this section requires the IG to notify Con-
                                      gress.
                                            TITLE IX—TRAINING RESOURCES FOR INSPECTORS GENERAL AND
                                                                 OTHER MATTERS

                                      Section 901. Training resources for Inspectors General
                                        This section requires CIGIE to support the professional develop-
                                      ment of IGs, including training opportunities on the duties, respon-
                                      sibilities, and authorities of the Inspector General Act of 1978, as
                                      amended, and other topics identified by IGs and CIGIE.




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                                      Section 902. Definition of appropriate congressional committees
                                         This section provides a technical edit to define ‘‘appropriate con-
                                      gressional committees’’ for purposes of the IG Act as including the
                                      Senate Committee on Homeland Security and Governmental Af-
                                      fairs, the House Committee on Oversight and Reform, and other
                                      relevant congressional committees and subcommittees of jurisdic-
                                      tion. This section includes conforming edits throughout the IG Act
                                      to use the same defined term.
                                      Section 903. Semiannual reports
                                        This section streamlines and consolidates semiannual IG report-
                                      ing requirements to avoid duplicative and unnecessary reporting.
                                      Section 904. Submission of reports that specifically identify non-gov-
                                          ernmental organizations or business entities
                                        This section gives non-governmental organizations the ability to
                                      review IG reports that mention them by name upon publication,
                                      and have a comment attached to the final report. This section is
                                      retroactively applicable to reports from January 1, 2019 or later.
                                                            V. EVALUATION OF REGULATORY IMPACT
                                        Pursuant to the requirements of paragraph 11(b) of rule XXVI of
                                      the Standing Rules of the Senate, the Committee has considered
                                      the regulatory impact of this bill and determined that the bill will
                                      have no regulatory impact within the meaning of the rules. The
                                      Committee agrees with the Congressional Budget Office’s state-
                                      ment that the bill contains no intergovernmental or private-sector
                                      mandates as defined in the Unfunded Mandates Reform Act
                                      (UMRA) and would impose no costs on state, local, or tribal govern-
                                      ments.
                                                  VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
                                                                                            U.S. CONGRESS,
                                                                                 CONGRESSIONAL BUDGET OFFICE,
                                                                                  Washington, DC, November 9, 2022.
                                      Hon. GARY C. PETERS,
                                      Chairman, Committee on Homeland Security and Governmental Af-
                                           fairs, U.S. Senate, Washington, DC.
                                        DEAR MR. CHAIRMAN The Congressional Budget Office has pre-
                                      pared the enclosed table summarizing estimated budgetary effects
                                      and mandates information for some of the legislation that has been
                                      ordered reported by the Senate Committee on Homeland Security
                                      and Governmental Affairs during the 117th Congress.
                                        If you wish further details, we will be pleased to provide them.
                                      The CBO staff contact for each estimate is listed on the enclosed
                                      table.
                                             Sincerely,
                                                                               PHILLIP L. SWAGEL,
                                                                                              Director.
                                        Enclosure.




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                                                                                          9

                                              SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED
                                        The Congressional Budget Act of 1974 requires the Congressional
                                      Budget Office, to the extent practicable, to prepare estimates of the
                                      budgetary effects of legislation ordered reported by Congressional
                                      authorizing committees. In order to provide the Congress with as
                                      much information as possible, the attached table summarizes infor-
                                      mation about the estimated direct spending and revenue effects of
                                      some of the legislation that has been ordered reported by the Sen-
                                      ate Committee on Homeland Security and Governmental Affairs
                                      during the 117th Congress. The legislation listed in this table gen-
                                      erally would have small effects, if any, on direct spending or reve-
                                      nues, CBO estimates. Where possible, the table also provides infor-
                                      mation about the legislation’s estimated effects on spending subject
                                      to appropriation and on intergovernmental and private-sector man-
                                      dates as defined in the Unfunded Mandates Reform Act.




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VerDate Sep 11 2014




06:10 Jan 09, 2023

                                                                                                ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
                                                                                                                                        Direct                      Spending Subject                            Increases On-Budget
                                                                                                                       Budget                         Revenues,                         Pay-As-You- Go Pro-
                         Bill Number                   Title                       Status            Last Action                      Spending,                     to Appropriation,                           Deficits Beginning in    Mandates          Contact
                                                                                                                      Function                       2023–2032                            cedures Apply?
Jkt 039010                                                                                                                           2023–2032                         2023–2027                                        2033?

                      H.R. 2662            IG Independence and Em-         Ordered reported          11/03/21           800          Between             0          Not estimated               Yes                      No                 No            Matthew
                                              powerment Act                                                                          zero and                                                                                                             Pickford
                                                                                                                                     $500,000
PO 00000
                         H.R. 2662 would provide additional tools for inspectors general and the Council of the Inspectors General on Integrity and Efficiency to improve oversight of federal programs. The legislation would authorize new training opportunities and
                      subpoena authority for inspectors general and require additional reporting. The legislation also would call for a review of efforts to support and clear evacuees from Afghanistan. CBO estimates that enacting H.R. 2662 would have an insig-
                      nificant effect on direct spending and no effect on revenues over the 2023–2032 period. CBO has not estimated the discretionary costs of implementing the legislation. The legislation contains no intergovernmental or private-sector mandates
                      as defined in the Unfunded Mandates Reform Act.

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SR226
                                                                                           11

                                           VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
                                         In compliance with paragraph 12 of rule XXVI of the Standing
                                      Rules of the Senate, changes in existing law made by the bill, as
                                      reported, are shown as follows: (existing law proposed to be omitted
                                      is enclosed in brackets, new matter is printed in italic, and existing
                                      law in which no change is proposed is shown in roman):

                                                              UNITED STATES CODE
                                                   *           *            *              *            *          *           *

                                      TITLE 5—GOVERNMENT ORGANIZATION
                                               AND EMPLOYEES
                                                   *           *            *              *            *          *           *

                                                                    PART III—EMPLOYEES
                                                   *           *            *              *            *          *           *
                                                          Subpart B—Employment and Retention
                                                   *           *            *              *            *          *           *
                                                 CHAPTER 33—EXAMINATION, SELECTION, AND
                                                              PLACEMENT
                                                   *           *            *              *            *          *           *
                                             Subchapter III—Details, Vacancies, and Appointments
                                      Table of Sections
                                      3341. Details; within Executive or military departments.
                                               *           *         *           *         *          *          *
                                      3349d. Notification of intent to nominate during certain recesses or adjournments.
                                      3349e. Presidential explanation of failure to nominate an Inspector General.
                                                   *           *            *              *            *          *           *
                                      SEC. 3349d. NOTIFICATION OF INTENT TO NOMINATE DURING CER-
                                                  TAIN RECESSES OR ADJOURNMENTS.

                                                   *           *            *              *            *          *           *
                                      § 3349e. PRESIDENTIAL EXPLANATION OF FAILURE TO
                                                 NOMINATE AN INSPECTOR GENERAL
                                         If the President fails to make a formal nomination for a vacant
                                      inspector general position that requires a formal nomination by the
                                      President to be filled within the period beginning on the later of the
                                      date on which the vacancy occurred or on which a nomination is
                                      rejected, withdrawn, or returned, and ending on the day that is 210
                                      days after that date, the President shall communicate, within 30
                                      days after the end of such period and not later than June 1 of each
                                      year thereafter, to the appropriate congressional committees, as de-
                                      fined in section 12 of the Inspector General Act of 1978 (5 U.S.C.
                                      App.)—




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                                                                                          12

                                               (1) the reasons why the President has not yet made a formal
                                             nomination; and
                                               (2) a target date for making a formal nomination.
                                                  *           *            *              *            *          *           *

                                                                           APPENDIX
                                                  *           *            *              *            *          *           *

                                              INSPECTOR GENERAL ACT OF 1978
                                                  *           *            *              *            *          *           *
                                      SEC. 3. APPOINTMENT OF INSPECTOR GENERAL; SUPERVISION; RE-
                                                 MOVAL; POLITICAL ACTIVITIES; APPOINTMENT OF AS-
                                                 SISTANT INSPECTOR GENERAL FOR AUDITING AND AS-
                                                 SISTANT INSPECTOR GENERAL FOR INVESTIGATIONS
                                         (a) * * *
                                         (b)(1)(A) An Inspector General may be removed from office by the
                                      President. If an Inspector General is removed from office or is
                                      transferred to another position or location within an establishment,
                                      the President shall communicate in writing the øreasons¿ sub-
                                      stantive rationale, including detailed and case specific reasons for
                                      any such removal or transfer to both Houses of Congress (including
                                      to the appropriate congressional committees), not later than 30 days
                                      before the removal or transfer. Nothing in this subsection shall pro-
                                      hibit a personnel action otherwise authorized by law, other than
                                      transfer or removal.
                                         (B) If there is an open or completed inquiry into an Inspector Gen-
                                      eral that relates to the removal or transfer of the Inspector General
                                      under subparagraph (A), the written communication required under
                                      that subparagraph shall—
                                              (i) identify each entity that is conducting, or that conducted,
                                           the inquiry; and
                                              (ii) in the case of a completed inquiry, contain the findings
                                           made during the inquiry.
                                         (2)(A) Subject to the other provisions of this paragraph, only the
                                      President may place an Inspector General on non-duty status.
                                         (B) If the President places an Inspector General on non-duty sta-
                                      tus, the President shall communicate in writing the substantive ra-
                                      tionale, including detailed and case specific reasons, for the change
                                      in status to both Houses of Congress (including to the appropriate
                                      congressional committees) not later than 15 days before the date on
                                      which the change in status takes effect, except that the President
                                      may submit that communication not later than the date on which
                                      the change in status takes effect if—
                                              (i) the President has made a determination that the continued
                                           presence of the Inspector General in the workplace poses a
                                           threat described in any of clauses (i) through (iv) of section
                                           6329b(b)(2)(A) of title 5, United States Code; and
                                              (ii) in the communication, the President includes a report on
                                           the determination described in clause (i), which shall include—
                                                    (I) a specification of which clause of section
                                                 6329b(b)(2)(A) of title 5, United States Code, the President




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                                                                                          13

                                                 has determined applies under clause (i) of this subpara-
                                                 graph;
                                                    (II) the substantive rationale, including detailed and
                                                 case-specific reasons, for the determination made under
                                                 clause (i);
                                                    (III) an identification of each entity that is conducting, or
                                                 that conducted, any inquiry upon which the determination
                                                 under clause (i) was made; and
                                                    (IV) in the case of an inquiry described in sub clause (III)
                                                 that is completed, the findings made during that inquiry.
                                        (C) The President may not place an Inspector General on non-
                                      duty status during the 30-day period preceding the date on which
                                      the Inspector General is removed or transferred under paragraph
                                      (1)(A) unless the President—
                                              (i) has made a determination that the continued presence of
                                           the Inspector General in the workplace poses a threat described
                                           in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title
                                           5, United States Code; and
                                              (ii) not later than the date on which the change in status
                                           takes effect, submits to both Houses of Congress (including to
                                           the appropriate congressional committees) a written commu-
                                           nication that contains the information required under subpara-
                                           graph (B), including the report required under clause (ii) of
                                           that subparagraph.
                                        (D) For the purposes of this paragraph—
                                              (i) the term ‘‘Inspector General’’—
                                                    (I) means an Inspector General who was appointed by the
                                                 President, without regard to whether the Senate provided
                                                 advice and consent with respect to that appointment; and
                                                    (II) includes the Inspector General of the Intelligence
                                                 Community, the Inspector General of the Central Intel-
                                                 ligence Agency, the Special Inspector General for Afghani-
                                                 stan Reconstruction, the Special Inspector General for the
                                                 Troubled Asset Relief Program, and the Special Inspector
                                                 General for Pandemic Recovery; and
                                              (ii) a reference to the removal or transfer of an Inspector Gen-
                                           eral under paragraph (1), or to the written communication de-
                                           scribed in that paragraph, shall be considered to be—
                                                    (I) in the case of the Inspector General of the Intelligence
                                                 Community, a reference to section 103H(c)(4) of the Na-
                                                 tional Security Act of 1947 (50 U.S.C. 3033(c)(4));
                                                    (II) in the case of the Inspector General of the Central In-
                                                 telligence Agency, a reference to section 17(b)(6) of the Cen-
                                                 tral Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)(6));
                                                    (III) in the case of the Special Inspector General for Af-
                                                 ghanistan Reconstruction, a reference to section 1229(c)(6)
                                                 of the National Defense Authorization Act for Fiscal Year
                                                 2008 (Public Law 110–181; 122 Stat. 378);
                                                    (IV) in the case of the Special Inspector General for the
                                                 Troubled Asset Relief Program, a reference to section
                                                 121(b)(4) of the Emergency Economic Stabilization Act of
                                                 2008 (12 U.S.C. 5231(b)(4)); and
                                                    (V) in the case of the Special Inspector General for Pan-
                                                 demic Recovery, a reference to section 4018(b)(3) of the
                                                 CARES Act (15 U.S.C. 9053(b)(3)).




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                                                                                          14

                                        (c) * * *
                                        (d)(1) Each Inspector General shall, in accordance with applica-
                                      ble laws and regulations governing the civil service—
                                             (A) appoint an Assistant Inspector General for Auditing who
                                           shall have the responsibility for supervising the performance of
                                           auditing activities relating to programs and operations of the
                                           establishment;
                                             (B) appoint an Assistant Inspector General for Investigations
                                           who shall have the responsibility for supervising the perform-
                                           ance of investigative activities relating to such programs and
                                           operations; and
                                             (C) designate a Whistleblower Protection Coordinator who
                                           shall
                                                  (i) educate agency employees including employees of that
                                               Office of Inspector General—
                                                  *          *        *       *       *        *        *
                                                      (iii) assist the Inspector General in facilitating commu-
                                                   nication and coordination with the Special Counsel, the
                                                   Council of the Inspectors General on Integrity and Effi-
                                                   ciency (including the Integrity Committee of that Council),
                                                   the establishment, Congress, and any other relevant entity
                                                   regarding the timely and appropriate handling and consid-
                                                   eration of protected disclosures, allegations of reprisal, and
                                                   general matters regarding the implementation and admin-
                                                   istration of whistleblower protection laws, rules, and regu-
                                                   lations.
                                                 *           *         *        *        *       *         *
                                           (h)(1) In this subsection—
                                                (A) the term ‘first assistant to the position of Inspector Gen-
                                             eral’ means, with respect to an Office of Inspector General—
                                                     (i) an individual who, as of the day before the date on
                                                   which the Inspector General dies, resigns, or otherwise be-
                                                   comes unable to perform the functions and duties of that
                                                   position—
                                                           (I) is serving in a position in that Office; and
                                                           (II) has been designated in writing by the Inspector
                                                        General, through an order of succession or otherwise,
                                                        as the first assistant to the position of Inspector Gen-
                                                        eral; or
                                                     (ii) if the Inspector General has not made a designation
                                                   described in clause (i)(II)—
                                                           (I) the Principal Deputy Inspector General of that Of-
                                                        fice, as of the day before the date on which the Inspec-
                                                        tor General dies, resigns, or otherwise becomes unable
                                                        to perform the functions and duties of that position; or
                                                           (II) if there is no Principal Deputy Inspector General
                                                        of that Office, the Deputy Inspector General of that Of-
                                                        fice, as of the day before the date on which the Inspec-
                                                        tor General dies, resigns, or otherwise becomes unable
                                                        to perform the functions and duties of that position;
                                                        and
                                                (B) the term ‘Inspector General’—




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                                                                                          15

                                                   (i) means an Inspector General who is appointed by the
                                                President, by and with the advice and consent of the Sen-
                                                ate; and
                                                   (ii) includes the Inspector General of an establishment,
                                                the Inspector General of the Intelligence Community, the
                                                Inspector General of the Central Intelligence Agency, the
                                                Special Inspector General for the Troubled Asset Relief Pro-
                                                gram, and the Special Inspector General for Pandemic Re-
                                                covery.
                                        (2) If an Inspector General dies, resigns, or is otherwise unable to
                                      perform the functions and duties of the position—
                                             (A) section 3345(a) of title 5, United States Code, and section
                                          103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e))
                                          shall not apply;
                                             (B) subject to paragraph (4), the first assistant to the position
                                          of Inspector General shall perform the functions and duties of
                                          the Inspector General temporarily in an acting capacity subject
                                          to the time limitations of section 3346 of title 5, United States
                                          Code; and
                                             (C) notwithstanding subparagraph (B), and subject to para-
                                          graphs (4) and (5), the President (and only the President) may
                                          direct an officer or employee of any Office of an Inspector Gen-
                                          eral to perform the functions and duties of the Inspector Gen-
                                          eral temporarily in an acting capacity subject to the time limi-
                                          tations of section 3346 of title 5, United States Code, only if—
                                                   (i) during the 365-day period preceding the date of death,
                                                resignation, or beginning of inability to serve of the Inspec-
                                                tor General, the officer or employee served in a position in
                                                an Office of an Inspector General for not less than 90 days,
                                                except that—
                                                         (I) the requirement under this clause shall not apply
                                                      if the officer is an Inspector General; and
                                                         (II) for the purposes of this subparagraph, per-
                                                      forming the functions and duties of an Inspector Gen-
                                                      eral temporarily in an acting capacity does not qualify
                                                      as service in a position in an Office of an Inspector
                                                      General;
                                                   (ii) the rate of pay for the position of the officer or em-
                                                ployee described in clause (i) is equal to or greater than the
                                                minimum rate of pay payable for a position at GS–15 of the
                                                General Schedule;
                                                   (iii) the officer or employee has demonstrated ability in
                                                accounting, auditing, financial analysis, law, management
                                                analysis, public administration, or investigations; and
                                                   (iv) not later than 30 days before the date on which the
                                                direction takes effect, the President communicates in writ-
                                                ing to both Houses of Congress (including to the appro-
                                                priate congressional committees) the substantive rationale,
                                                including the detailed and case-specific reasons, for such
                                                direction, including the reason for the direction that some-
                                                one other than the individual who is performing the func-
                                                tions and duties of the Inspector General temporarily in an
                                                acting capacity (as of the date on which the President
                                                issues that direction) perform those functions and duties
                                                temporarily in an acting capacity.




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                                                                                          16

                                         (3) Notwithstanding section 3345(a) of title 5, United States Code,
                                      section 103(e) of the National Security Act of 1947 (50 U.S.C.
                                      3025(e)), and subparagraphs (B) and (C) of paragraph (2), and sub-
                                      ject to paragraph (4), during any period in which an Inspector Gen-
                                      eral is on non-duty status—
                                              (A) the first assistant to the position of Inspector General
                                           shall perform the functions and duties of the position tempo-
                                           rarily in an acting capacity subject to the time limitations of
                                           section 3346 of title 5, United States Code; and
                                              (B) if the first assistant described in subparagraph (A) dies,
                                           resigns, or becomes otherwise unable to perform those functions
                                           and duties, the President (and only the President) may direct
                                           an officer or employee in that Office of Inspector General to per-
                                           form those functions and duties temporarily in an acting capac-
                                           ity, subject to the time limitations of section 3346 of title 5,
                                           United States Code, if—
                                                   (i) that direction satisfies the requirements under clauses
                                                (ii), (iii), and (iv) of paragraph (2)(C); and
                                                   (ii) that officer or employee served in a position in that
                                                Office of Inspector General for not fewer than 90 of the 365
                                                days preceding the date on which the President makes that
                                                direction.
                                         (4) An individual may perform the functions and duties of an In-
                                      spector General temporarily and in an acting capacity under sub-
                                      paragraph (B) or (C) of paragraph (2), or under paragraph (3), with
                                      respect to only 1 Inspector General position at any given time.
                                         (5) If the President makes a direction under paragraph (2)(C),
                                      during the 30-day period preceding the date on which the direction
                                      of the President takes effect, the functions and duties of the position
                                      of the applicable Inspector General shall be performed by—
                                              (A) the first assistant to the position of Inspector General; or
                                              (B) the individual performing those functions and duties tem-
                                           porarily in an acting capacity, as of the date on which the
                                           President issues that direction, if that individual is an indi-
                                           vidual other than the first assistant to the position of Inspector
                                           General.
                                                  *           *            *              *            *          *           *
                                      SEC. 4. DUTIES AND RESPONSIBILITIES; REPORT OF CRIMINAL VIOLA-
                                                  TIONS TO ATTORNEY GENERAL
                                           (a) * * *
                                                (1) * * *
                                                (2) to review existing and proposed legislation and regula-
                                             tions relating to programs and operations of such establish-
                                             ment and to make recommendations, including in the semi-
                                             annual reports required by section 5(a), concerning the impact
                                             of such legislation or regulations on the economy and efficiency
                                             in the administration of programs and operations administered
                                             or financed by such establishment or the prevention and detec-
                                             tion of fraud and abuse in such programs and operations;
                                                  *           *            *              *            *          *           *




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                                                                                          17
                                      SEC. 5. SEMIANNUAL REPORTS; TRANSMITTAL TO CONGRESS; AVAIL-
                                                 ABILITY TO PUBLIC; IMMEDIATE REPORT ON SERIOUS OR
                                                 FLAGRANT PROBLEMS; DISCLOSURE OF INFORMATION;
                                                 DEFINITIONS
                                        (a) Each Inspector General shall, not later than April 30 and Oc-
                                      tober 31 of each year, prepare semiannual reports summarizing the
                                      activities of the Office during the immediately preceding six-month
                                      periods ending March 31 and September 30. Such reports shall in-
                                      clude, but need not be limited to—
                                             ø(1) a description of significant problems, abuses, and defi-
                                           ciencies relating to the administration of programs and oper-
                                           ations of such establishment disclosed by such activities during
                                           the reporting period;
                                                 *          *         *        *        *        *        *
                                                (12) information concerning any significant management de-
                                             cision with which the Inspector General is in disagreement¿
                                                (1) a description of significant problems, abuses, and defi-
                                             ciencies relating to the administration of programs and oper-
                                             ations of the establishment and associated reports and rec-
                                             ommendations for corrective action made by the Office;
                                                (2) an identification of each recommendation made before the
                                             reporting period, for which corrective action has not been com-
                                             pleted, including the potential costs savings associated with the
                                             recommendation;
                                                (3) a summary of significant investigations closed during the
                                             reporting period;
                                                (4) an identification of the total number of convictions during
                                             the reporting period resulting from investigations;
                                                (5) information regarding each audit, inspection, or evalua-
                                             tion report issued during the reporting period, including—
                                                      (A) a listing of each audit, inspection, or evaluation;
                                                      (B) if applicable, the total dollar value of questioned costs
                                                   (including a separate category for the dollar value of un-
                                                   supported costs) and the dollar value of recommendations
                                                   that funds be put to better use, including whether a man-
                                                   agement decision had been made by the end of the report-
                                                   ing period;
                                                (6) information regarding any management decision made
                                             during the reporting period with respect to any audit, inspec-
                                             tion, or evaluation issued during a previous reporting period;
                                                ø(13)¿ (7) * * *
                                                ø(14)¿ (8) * * *
                                                ø(15)¿ (9) * * *
                                                ø(16)¿ (10) * * *
                                                ø(17) statistical tables showing—
                                                     (A) the total number of investigative reports issued dur-
                                                   ing the reporting period;
                                                     (B) the total number of persons referred to the Depart-
                                                   ment of Justice for criminal prosecution during the report-
                                                   ing period;
                                                     (C) the total number of persons referred to State and
                                                   local prosecuting authorities for criminal prosection during
                                                   the reporting period; and




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                                                                                          18

                                                     (D) the total number of indictments and criminal infor-
                                                  mations during the reporting period that resulted from any
                                                  prior referral to prosecuting authorities¿
                                                (11) a description of the use of subpoenas for the attendance
                                             and testimony of certain witnesses authorized under section 6A.
                                                ø(18)¿ (12) * * *
                                                ø(19) a report on each investigation conducted by the Office
                                             involving a senior Government employee where allegations of
                                             misconduct were substantiated, including the name of the sen-
                                             ior government official (as defined by the department or agen-
                                             cy) if already made public by the Office, and a detailed descrip-
                                             tion of—
                                                     (A) the facts and circumstances of the investigation; and
                                                     (B) the status and disposition of the matter, including—
                                                          (i) if the matter was referred to the Department of
                                                       Justice, the date of the referral; and
                                                          (ii) if the Department of Justice declined the refer-
                                                       ral, the date of the declination;¿
                                                (13) a report on each investigation conducted by the Office
                                             where allegations of misconduct were substantiated involving a
                                             senior Government employee or senior official (as defined by the
                                             Office) if the establishment does not have senior Government
                                             employees, which shall include—
                                                     (A) the name of the senior Government employee, if al-
                                                  ready made public by the Office; and
                                                     (B) a detailed description of—
                                                          (i) the facts and circumstances of the investigation;
                                                       and
                                                          (ii) the status and disposition of the matter, includ-
                                                       ing—
                                                                (I) if the matter was referred to the Department
                                                             of Justice, the date of the referral; and
                                                                (II) if the Department of Justice declined the re-
                                                             ferral, the date of the declination;
                                                ø(20)¿ (14) * * *
                                                ø(21) a detailed description of any attempt by the establish-
                                             ment to interfere with the independence of the Office, includ-
                                             ing—¿
                                                (15) information related to interference by the establishment,
                                             including—
                                                     ø(A) with budget constraints designed to limit the capa-
                                                  bilities of the Office; and
                                                     (B) incidents where the establishment has resisted or ob-
                                                  jected to oversight activities of the Office or restricted or
                                                  significantly delayed access to information, including the
                                                  justification of the establishment for such action; and¿
                                                     (A) a detailed description of any attempt by the establish-
                                                  ment to interfere with the independence of the Office, in-
                                                  cluding—
                                                          (i) with budget constraints designed to limit the ca-
                                                       pabilities of the Office; and
                                                          (ii) incidents where the establishment has resisted or
                                                       objected to oversight activities of the Office or restricted
                                                       or significantly delayed access to information, includ-




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                                                                                          19

                                                    ing the justification of the establishment for such ac-
                                                    tion; and
                                                  (B) a summary of each report made to the head of the es-
                                               tablishment under section 6(c)(2) during the reporting pe-
                                               riod;
                                             ø(22)¿ (16) * * *
                                                  (A) * * *
                                                  (B) investigation conducted by the Office involving a sen-
                                               ior Government employee that is closed and was not dis-
                                               closed to the publicø.¿; and
                                             (17) a description of the use of subpoenas for the attendance
                                           and testimony of certain witnesses authorized under section 6A.
                                        (b) Semiannual reports of each Inspector General shall be fur-
                                      nished to the head of the establishment involved not later than
                                      April 30 and October 31 of each year and shall be transmitted by
                                      such head to the appropriate øcommittees or subcommittees of the
                                      Congress¿ congressional committees within thirty days after receipt
                                      of the report, together with a report by the head of the establish-
                                      ment containing—
                                             (1) * * *
                                                  ø(2) statistical tables showing the total number of audit
                                               reports, inspection reports, and evaluation reports and the
                                               dollar value of disallowed costs, for reports—
                                                  (A) for which final action had not been taken by the
                                               commencement of the reporting period;
                                                  (B) on which management decisions were made during
                                               the reporting period;
                                                  (C) for which final action was taken during the reporting
                                               period, including—
                                                       (i) the dollar value of disallowed costs that were re-
                                                    covered by management through collection, offset,
                                                    property in lieu of cash, or otherwise; and
                                                       (ii) the dollar value of disallowed costs that were
                                                    written off by management; and
                                                  (D) for which no final action has been taken by the end
                                               of the reporting period;¿
                                             ø(3) statistical tables showing the total number of audit re-
                                           ports, inspection reports, and evaluation reports and the dollar
                                           value of recommendations that funds be put to better use by
                                           management agreed to in a management decision, for reports—
                                                  (A) for which final action had not been taken by the
                                               commencement of the reporting period;
                                                  (B) on which management decisions were made during
                                               the reporting period;
                                                  (C) for which final action was taken during the reporting
                                               period, including—
                                                       (i) the dollar value of recommendations that were
                                                    actually completed; and
                                                       (ii) the dollar value of recommendations that man-
                                                    agement has subsequently concluded should not or
                                                    could not be implemented or completed; and
                                                  (D) for which no final action has been taken by the end
                                               of the reporting period;¿




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                                                                                          20

                                               (2) where final action on audit, inspection, and evaluation re-
                                             ports had not been taken before the commencement of the re-
                                             porting period, statistical tables showing—
                                                    (A) with respect to management decisions—
                                                         (i) for each report, whether a management decision
                                                      was made during the re porting period;
                                                         (ii) if a management decision was made during the
                                                      reporting period, the dollar value of disallowed costs
                                                      and funds to be put to better use as agreed to in the
                                                      management decision; and
                                                         (iii) total number of reports where a management de-
                                                      cision was made during the reporting period and the
                                                      total corresponding dollar value of disallowed costs
                                                      and funds to be put to better use as agreed to in the
                                                      management decision; and
                                                    (B) with respect to final actions—
                                                         (i) whether, if a management decision was made be-
                                                      fore the end of the reporting period, final action was
                                                      taken during the reporting period;
                                                         (ii) if final action was taken, the dollar value of—
                                                               (I) disallowed costs that were recovered by man-
                                                            agement through collection, offset, property in lieu
                                                            of cash, or otherwise;
                                                               (II) disallowed costs that were written off by
                                                            management;
                                                               (III) disallowed costs and funds to be put to bet-
                                                            ter use not yet recovered or written off by manage-
                                                            ment;
                                                               (IV) recommendations that were completed; and
                                                               (V) recommendations that management has sub-
                                                            sequently concluded should not or could not be im-
                                                            plemented or completed; and
                                                         (iii) total number of reports where final action was
                                                      not taken and total number of reports where final ac-
                                                      tion was taken, including the total corresponding dol-
                                                      lar value of disallowed costs and funds to be put to bet-
                                                      ter use as agreed to in the management decisions;
                                               ø(4)¿ (3) whether the establishment entered into a settle-
                                             ment agreement with the official described in øsubsection
                                             (a)(20)(A)¿ subsection (a)(14)(A), which shall be reported re-
                                             gardless of any confidentiality agreement relating to the settle-
                                             ment agreement; and
                                               ø(5) a statement with respect to audit reports on which man-
                                             agement decisions have been made but final action has not
                                             been taken, other than audit reports on which a management
                                             decision was made within the preceding year, containing—
                                                    (A) a list of such audit reports and the date each such
                                                  report was issued;
                                                    (B) the dollar value of disallowed costs for each report;
                                                    (C) the dollar value of recommendations that funds be
                                                  put to better use agreed to by management for each report;
                                                  and
                                                    (D) an explanation of the reasons final action has not
                                                  been taken with respect to each such audit report, except
                                                  that such statement may exclude such audit reports that




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                                                                                          21

                                                are under formal administrative or judicial appeal or upon
                                                which management of an establishment has agreed to pur-
                                                sue a legislative solution, but shall identify the number of
                                                reports in each category so excluded.¿
                                              (4) a statement explaining why final action has not been
                                           taken with respect to each audit, inspection, and evaluation re-
                                           port in which a management decision has been made but final
                                           action has not yet been taken, except that such statement—
                                                   (A) may exclude reports if—
                                                        (i) a management decision was made within the pre-
                                                     ceding year; or
                                                        (ii) the report is under formal administrative or judi-
                                                     cial appeal or management of the establishment has
                                                     agreed to pursue a legislative solution; and
                                                   (B) shall identify the number of reports in each category
                                                so excluded.
                                        (c) * * *
                                        (d) Each Inspector General shall report immediately to the head
                                      of the establishment involved whenever the Inspector General be-
                                      comes aware of particularly serious or flagrant problems, abuses,
                                      or deficiencies relating to the administration of programs and oper-
                                      ations of such establishment. The head of the establishment shall
                                      transmit any such report to the appropriate øcommittees or sub-
                                      committees of Congress¿ congressional committees within seven cal-
                                      endar days, together with a report by the head of the establish-
                                      ment containing any comments such head deems appropriate.
                                        (e) ADDITIONAL REPORTS.—
                                              (1) REPORT TO INSPECTOR GENERAL.—The Chairperson of the
                                           Integrity Committee of the Council of the Inspectors General on
                                           Integrity and Efficiency shall, immediately whenever the Chair-
                                           person of the Integrity Committee becomes aware of particularly
                                           serious or flagrant problems, abuses, or deficiencies relating to
                                           the administration of programs and operations of an Office of
                                           Inspector General for which the Integrity Committee may re-
                                           ceive, review, and refer for investigation allegations of wrong-
                                           doing under section 11(d), submit a report to the Inspector Gen-
                                           eral who leads the Office at which the serious or flagrant prob-
                                           lems, abuses, or deficiencies were alleged.
                                              (2) REPORT TO PRESIDENT, CONGRESS, AND THE ESTABLISH-
                                           MENT.—Not later than 7 days after the date on which an In-
                                           spector General receives a report submitted under paragraph
                                           (1), the Inspector General shall submit to the President, the ap-
                                           propriate congressional committees, and the head of the estab-
                                           lishment—
                                                   (A) the report received under paragraph (1); and
                                                   (B) a report by the Inspector General containing any com-
                                                ments the Inspector General determines appropriate.
                                        (f) Not later than 15 days after an Inspector General is removed,
                                      placed on paid or unpaid non-duty status, or transferred to another
                                      position or location within an establishment, the officer or employee
                                      performing the functions and duties of the Inspector General tempo-
                                      rarily in an acting capacity shall submit to the Committee on Home-
                                      land Security and Governmental Affairs of the Senate and the Com-
                                      mittee on Oversight and Reform of the House of Representatives in-
                                      formation regarding work being conducted by the Office as of the




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                                                                                          22

                                      date on which the Inspector General was removed, placed on paid
                                      or unpaid non-duty status, or transferred, which shall include—
                                             (1) for each investigation—
                                                  (A) the type of alleged offense;
                                                  (B) the fiscal quarter in which the Office initiated the in-
                                               vestigation;
                                                  (C) the relevant Federal agency, including the relevant
                                               component of that Federal agency for any Federal agency
                                               listed in section 901(b) of title 31, United States Code,
                                               under investigation or affiliated with the individual or en-
                                               tity under investigation; and
                                                  (D) whether the investigation is administrative, civil,
                                               criminal, or a combination thereof, if known; and
                                             (2) for any work not described in paragraph (1)—
                                                  (A) a description of the subject matter and scope;
                                                  (B) the relevant agency, including the relevant component
                                               of that Federal agency, under review;
                                                  (C) the date on which the Office initiated the work; and
                                                  (D) the expected time frame for completion.
                                        ø(e)¿(g)(1) Nothing in this section shall be construed to authorize
                                      the public disclosure of information which is—
                                               *           *        *       *       *        *        *
                                        (6)(A) Except as provided in subparagraph (B), if an audit, eval-
                                      uation, inspection, or other non-investigative report prepared by an
                                      Inspector General specifically identifies a specific non-governmental
                                      organization or business entity, whether or not the non-govern-
                                      mental organization or business entity is the subject of that audit,
                                      evaluation, inspection, or non-investigative report—
                                             (i) the Inspector General shall notify the nongovernmental or-
                                          ganization or business entity;
                                             (ii) the non-governmental organization or business entity
                                          shall have—
                                                    (I) 30 days to review the audit, evaluation, inspection, or
                                                 non-investigative report beginning on the date of publica-
                                                 tion of the audit, evaluation, inspection, or non-investiga-
                                                 tive report; and
                                                    (II) the opportunity to submit a written response for the
                                                 purpose of clarifying or providing additional context as it
                                                 directly relates to each instance wherein an audit, evalua-
                                                 tion, inspection, or non-investigative report specifically
                                                 identifies that non-governmental organization or business
                                                 entity; and
                                             (iii) if a written response is submitted under clause (ii)(II)
                                          within the 30-day period described in clause (ii)(I)—
                                                    (I) the written response shall be attached to the audit,
                                                 evaluation, inspection, or non-investigative report; and
                                                    (II) in every instance where the report may appear on the
                                                 public-facing website of the Inspector General, the website
                                                 shall be updated in order to access a version of the audit,
                                                 evaluation, inspection, or non-investigative report that in-
                                                 cludes the written response.
                                        (B) Subparagraph (A) shall not apply with respect to a non-gov-
                                      ernmental organization or business entity that refused to provide in-
                                      formation or assistance sought by an Inspector General during the




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                                                                                          23

                                      creation of the audit, evaluation, inspection, or non-investigative re-
                                      port.
                                        (C) An Inspector General shall review any written response re-
                                      ceived under subparagraph (A) for the purpose of preventing the im-
                                      proper disclosure of classified information or other non-public infor-
                                      mation, consistent with applicable laws, rules, and regulations,
                                      and, if necessary, redact such information.
                                        (h) If an Office has published any portion of the report or infor-
                                      mation required under subsection (a) to the website of the Office or
                                      on oversight.gov, the Office may elect to provide links to the relevant
                                      webpage or website in the report of the Office under subsection (a)
                                      in lieu of including the information in that report.
                                        ø(f)¿ ø(h)¿ (i)
                                                  *           *            *              *            *          *           *
                                      SEC. 6. AUTHORITY OF INSPECTOR GENERAL; INFORMATION AND AS-
                                                 SISTANCE FROM FEDERAL AGENCIES; UNREASONABLE
                                                 REFUSAL; OFFICE SPACE AND EQUIPMENT.
                                           (a) * * *
                                           (b) * * *
                                           (c) * * *
                                                (1) * * *
                                                (2) * * *
                                                (3) If the information or assistance that is the subject of a re-
                                              port under paragraph (2) is not provided to the Inspector Gen-
                                              eral by the date that is 30 days after the report is made, the
                                              Inspector General shall submit a notice that the information or
                                              assistance requested has not been provided by the head of the
                                              establishment involved or the head of the Federal agency in-
                                              volved, as applicable, to the appropriate congressional commit-
                                              tees.
                                                *             *            *              *            *          *           *
                                           (h) * * *
                                                 *         *     *         *       *      *       *
                                                (4) * * *
                                                     (A) * * *
                                                     (B) The Committee on Oversight and øGovernment¿ Re-
                                                  form, the Committee on the Judiciary, and the Permanent
                                                  Select Committee on Intelligence of the House of Rep-
                                                  resentatives.
                                                     (C) øOther appropriate committees and subcommittees
                                                  of Congress.¿ Any other relevant congressional committee
                                                  or subcommittee of jurisdiction.
                                                 *            *            *              *            *          *           *
                                           (k) * * *
                                      SEC. 6A. ADDITIONAL AUTHORITY.
                                        (a) DEFINITIONS.—In this section—
                                               (1) the term ‘Chairperson’ means the Chairperson of the
                                             Council of the Inspectors General on Integrity and Efficiency;
                                               (2) the term ‘Inspector General’—
                                                    (A) means an Inspector General of an establishment or a
                                                 designated Federal entity (as defined in section 8G(a)); and
                                                    (B) includes—




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                                                                                          24

                                                         (i) the Inspector General of the Central Intelligence
                                                      Agency established under section 17 of the Central In-
                                                      telligence Agency Act of 1949 (50 U.S.C. 3517);
                                                         (ii) the Inspector General of the Intelligence Commu-
                                                      nity established under section 103H of the National Se-
                                                      curity Act of 1947 (50 U.S.C. 3033);
                                                         (iii) the Special Inspector General for Afghanistan
                                                      Reconstruction established under section 1229 of the
                                                      National Defense Authorization Act for Fiscal Year
                                                      2008 (Public Law 110–181; 122 Stat. 379);
                                                         (iv) the Special Inspector General for the Troubled
                                                      Asset Relief Plan established under section 121 of the
                                                      Emergency Economic Stabilization Act of 2008 (12
                                                      U.S.C. 5231); and
                                                         (v) the Special Inspector General for Pandemic Re-
                                                      covery established under section 4018 of the CARES
                                                      Act (15 U.S.C. 9053); and
                                               (3) the term ‘Subpoena Panel’ means the panel to which re-
                                            quests for approval to issue a subpoena are submitted under
                                            subsection (e).
                                         (b) TESTIMONIAL SUBPOENA AUTHORITY.—
                                               (1) IN GENERAL.—In addition to the authority otherwise pro-
                                            vided by this Act and in accordance with the requirements of
                                            this section, each Inspector General, in carrying out the provi-
                                            sions of this Act or the provisions of the authorizing statute of
                                            the Inspector General, as applicable, is authorized to require by
                                            subpoena the attendance and testimony of witnesses as nec-
                                            essary in the performance of an audit, inspection, evaluation, or
                                            investigation, which subpoena, in the case of contumacy or re-
                                            fusal to obey, shall be enforceable by order of any appropriate
                                            United States district court.
                                               (2) PROHIBITION.—An Inspector General may not require by
                                            subpoena the attendance and testimony of a Federal employee
                                            or employee of a designated Federal entity, but may use other
                                            authorized procedures.
                                               (3) DETERMINATION BY INSPECTOR GENERAL.—The determina-
                                            tion of whether a matter constitutes an audit, inspection, eval-
                                            uation, or investigation shall be at the discretion of the applica-
                                            ble Inspector General.
                                         (c) LIMITATION ON DELEGATION.—The authority to issue a sub-
                                      poena under subsection (b) may only be delegated to an official per-
                                      forming the functions and duties of an Inspector General when the
                                      Inspector General position is vacant or when the Inspector General
                                      is unable to perform the functions and duties of the Office of the In-
                                      spector General.
                                         (d) NOTICE TO ATTORNEY GENERAL.—
                                               (1) IN GENERAL.—Not less than 10 days before submitting a
                                            request for approval to issue a subpoena to the Subpoena Panel
                                            under subsection (e), an Inspector General shall—
                                                    (A) notify the Attorney General of the plan of the Inspec-
                                                 tor General to issue the subpoena; and
                                                    (B) take into consideration any information provided by
                                                 the Attorney General relating to the subpoena.
                                               (2) RULE OF CONSTRUCTION.—Nothing in this subsection may
                                            be construed to prevent an Inspector General from submitting




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                                                                                          25

                                              to the Subpoena Panel under subsection (e) a request for ap-
                                              proval to issue a subpoena if 10 or more days have elapsed
                                              since the date on which the Inspector General submits to the At-
                                              torney General the notification required under paragraph (1)(A)
                                              with respect to that subpoena.
                                           (e) PANEL REVIEW BEFORE ISSUANCE.—
                                                (1) APPROVAL REQUIRED.—
                                                     (A) REQUEST FOR APPROVAL BY SUBPOENA PANEL.—Before
                                                  the issuance of a subpoena described in subsection (b), an
                                                  Inspector General shall submit to a panel a request for ap-
                                                  proval to issue the subpoena, which shall include a deter-
                                                  mination by the Inspector General that—
                                                          (i) the testimony is likely to be reasonably relevant to
                                                       the audit, inspection, evaluation, or investigation for
                                                       which the subpoena is sought; and
                                                          (ii) the information to be sought cannot be reason-
                                                       ably obtained through other means.
                                                     (B) COMPOSITION OF SUBPOENA PANEL.—
                                                          (i) IN GENERAL.—Subject to clauses (ii) and (iii), a
                                                       Subpoena Panel shall be comprised of 3 inspectors gen-
                                                       eral appointed by the President and confirmed by the
                                                       Senate, who shall be randomly drawn by the Chair-
                                                       person or a designee of the Chairperson from a pool of
                                                       all such inspectors general.
                                                          (ii) CLASSIFIED INFORMATION.—If consideration of a
                                                       request for a subpoena submitted under subparagraph
                                                       (A) would require access to classified information, the
                                                       Chairperson or a designee of the Chairperson may
                                                       limit the pool of inspectors general described in clause
                                                       (i) to appropriately cleared inspectors general.
                                                          (iii) CONFIRMATION OF AVAILABILITY.—If an inspector
                                                       general drawn from the pool described in clause (i)
                                                       does not confirm their availability to serve on the Sub-
                                                       poena Panel within 24 hours of receiving a notification
                                                       from the Chairperson or a designee of the Chairperson
                                                       regarding selection for the Subpoena Panel, the Chair-
                                                       person or a designee of the Chairperson may randomly
                                                       draw a new inspector general from the pool to serve on
                                                       the Subpoena Panel.
                                                     (C) CONTENTS OF REQUEST.—The request described in
                                                  subparagraph (A) shall include any information provided
                                                  by the Attorney General related to the subpoena, which the
                                                  Attorney General requests that the Subpoena Panel con-
                                                  sider.
                                                     (D) PROTECTION FROM DISCLOSURE.—
                                                          (i) IN GENERAL.—The information contained in a re-
                                                       quest submitted by an Inspector General under sub-
                                                       paragraph (A) and the identification of a witness shall
                                                       be protected from disclosure to the extent permitted by
                                                       law.
                                                          (ii) REQUEST FOR DISCLOSURE.—Any request for dis-
                                                       closure of the information described in clause (i) shall
                                                       be submitted to the Inspector General requesting the
                                                       subpoena.
                                                (2) TIME TO RESPOND.—




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                                                    (A) IN GENERAL.—Except as provided in subparagraph
                                                 (B), the Subpoena Panel shall approve or deny a request for
                                                 approval to issue a subpoena submitted under paragraph
                                                 (1) not later than 10 days after the submission of the re-
                                                 quest.
                                                    (B) ADDITIONAL INFORMATION FOR PANEL.—If the Sub-
                                                 poena Panel determines that additional information is nec-
                                                 essary to approve or deny a request for approval to issue a
                                                 subpoena submitted by an Inspector General under para-
                                                 graph (1), the Subpoena Panel shall—
                                                         (i) request that information; and
                                                         (ii) approve or deny the request for approval sub-
                                                      mitted by the Inspector General not later than 20 days
                                                      after the Subpoena Panel submits the request for infor-
                                                      mation under clause (i).
                                               (3) APPROVAL BY PANEL.—If all members of the Subpoena
                                            Panel unanimously approve a request for approval to issue a
                                            subpoena submitted by an Inspector General under paragraph
                                            (1), the Inspector General may issue the subpoena.
                                               (4) NOTICE TO COUNCIL AND ATTORNEY GENERAL.—Upon
                                            issuance of a subpoena by an Inspector General under sub-
                                            section (b), the Inspector General shall provide contempora-
                                            neous notice of such issuance to the Chairperson or a designee
                                            of the Chairperson and to the Attorney General.
                                         (f) SEMIANNUAL REPORTING.—On or before May 31, 2022, and
                                      every 6 months thereafter, the Council of the Inspectors General on
                                      Integrity and Efficiency shall submit to the Committee on Home-
                                      land Security and Governmental Affairs of the Senate, the Com-
                                      mittee on Oversight and Reform of the House of Representatives,
                                      and the Comptroller General of the United States a report on the
                                      use of subpoenas described in subsection (b) in any audit, inspec-
                                      tion, evaluation, or investigation that concluded during the imme-
                                      diately preceding 6-month periods ending March 31 and September
                                      30, which shall include—
                                               (1) a list of each Inspector General that has submitted a re-
                                            quest for approval of a subpoena to the Subpoena Panel;
                                               (2) for each applicable Inspector General, the number of sub-
                                            poenas submitted to the Subpoena Panel, approved by the Sub-
                                            poena Panel, and disapproved by the Subpoena Panel;
                                               (3) for each subpoena submitted to the Subpoena Panel for
                                            approval—
                                                    (A) an anonymized description of the individual or orga-
                                                 nization to whom the subpoena was directed;
                                                    (B) the date on which the subpoena request was sent to
                                                 the Attorney General, the date on which the Attorney Gen-
                                                 eral responded, and whether the Attorney General provided
                                                 information regarding the subpoena request, including
                                                 whether the Attorney General opposed issuance of the pro-
                                                 posed subpoena;
                                                    (C) the members of the Subpoena Panel considering the
                                                 subpoena;
                                                    (D) the date on which the subpoena request was sent to
                                                 the Subpoena Panel, the date on which the Subpoena Panel
                                                 approved or disapproved the subpoena request, and the de-
                                                 cision of the Subpoena Panel; and




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                                                   (E) the date on which the subpoena request was sent to
                                                the Subpoena Panel, the date on which the Subpoena Panel
                                                approved or disapproved the subpoena request, and the de-
                                                cision of the Subpoena Panel; and
                                              (4) any other information the Council of the Inspectors Gen-
                                            eral on Integrity and Efficiency considers appropriate to in-
                                            clude.
                                         (g) TRAINING AND STANDARDS.—The Council of the Inspectors
                                      General on Integrity and Efficiency, in consultation with the Attor-
                                      ney General, shall promulgate standards and provide training re-
                                      lating to the issuance of subpoenas, conflicts of interest, and any
                                      other matter the Council determines necessary to carry out this sec-
                                      tion.
                                         (h) APPLICABILITY.—The provisions of this section shall not affect
                                      the exercise of authority by an Inspector General of testimonial sub-
                                      poena authority established under another provision of law.
                                         (i) TERMINATION.—The authorities provided under subsection (b)
                                      shall terminate on January 1, 2027, provided that this subsection
                                      shall not affect the enforceability of a subpoena issued on or before
                                      December 31, 2026.
                                                  *           *            *              *            *          *           *
                                      SEC. 8. ADDITIONAL PROVISIONS WITH RESPECT TO THE INSPECTOR
                                                 GENERAL OF THE DEPARTMENT OF DEFENSE
                                           (a) * * *
                                           (b) * * *
                                                (1) * * *
                                                (2) * * *
                                                (3) If the Secretary of Defense exercises any power under
                                             paragraph (1) or (2), the Inspector General shall submit a
                                             statement concerning such exercise within thirty days to øthe
                                             Committees on Armed Services and Governmental Affairs of
                                             the Senate and the Committee on Armed Services and the
                                             Committee on Government Reform and Oversight of the House
                                             of Representatives and to other appropriate committees or sub-
                                             committees of the Congress.¿ the appropriate congressional
                                             committees, including the Committee on Armed Services of the
                                             Senate and the Committee on Armed Services of the House of
                                             Representatives.
                                                (4) The Secretary shall, within thirty days after submission
                                             of a statement under paragraph (3), transmit a statement of
                                             the reasons for the exercise of power under paragraph (1) or
                                             (2) to the congressional committees specified in paragraph (3)
                                             øand to other appropriate committees or subcommittees¿.
                                                *      *       *        *       *        *        *
                                         (f)(1) Each semiannual report prepared by the Inspector General
                                      of the Department of Defense under section 5(a) shall be trans-
                                      mitted by the Secretary of Defense to øthe Committees on Armed
                                      Services and on Homeland Security and Governmental Affairs of
                                      the Senate and the Committees on Armed Services and on Over-
                                      sight and Government Reform of the House of Representatives and
                                      to other appropriate committees or subcommittees of Congress¿ the
                                      appropriate congressional committees, including the Committee on
                                      Armed Services of the Senate and the Committee on Armed Services
                                      of the House of Representatives. Each such report shall include—




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                                           (A) * * *
                                           (B) * * *
                                        (2) Any report required to be transmitted by the Secretary of De-
                                      fense to the appropriate øcommittees or subcommittees of the Con-
                                      gress¿ congressional committees under section 5(d) shall also be
                                      transmitted, within the seven-day period specified in such section,
                                      to the congressional committees specified in paragraph (1).
                                                  *           *            *              *            *          *           *
                                      SEC. 8D. SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF
                                                 TREASURY
                                           (a) * * *
                                                 *        *       *       *        *        *        *
                                                (3) If the Secretary of the Treasury exercises any power
                                             under paragraph (1) or (2), the Secretary of the Treasury shall
                                             notify the Inspector General of the Department of the Treasury
                                             in writing stating the reasons for such exercise. Within 30 days
                                             after receipt of any such notice, the Inspector General of the
                                             Department of the Treasury shall transmit a copy of such no-
                                             tice to the øCommittees on Governmental Affairs and Finance
                                             of the Senate and the Committees on Government Operations
                                             and Ways and Means of the House of Representatives, and to
                                             other appropriate committees or subcommittees of the Con-
                                             gress¿ appropriate congressional committees, including the
                                             Committee on Finance of the Senate and the Committee on
                                             Ways and Means of the House of Representatives.
                                               *       *       *        *       *       *       *
                                         (g)(1) Any report required to be transmitted by the Secretary of
                                      the Treasury to the appropriate øcommittees or subcommittees of
                                      the Congress¿ congressional committees under section 5(d) shall
                                      also be transmitted, within the seven-day period specified under
                                      such section, to the øCommittees on Governmental Affairs and Fi-
                                      nance of the Senate and the Committees on Government Reform
                                      and Oversight and Ways and Means of the House of Representa-
                                      tives¿ Committee on Finance of the Senate and the Committee on
                                      Ways and Means of the House of Representatives.
                                         (2) Any report made by the Treasury Inspector General for Tax
                                      Administration that is required to be transmitted by the Secretary
                                      of the Treasury to the appropriate øcommittees or subcommittees¿
                                      congressional committees of Congress under section 5(d) shall also
                                      be transmitted, within the 7-day period specified under such sub-
                                      section, to the Internal Revenue Service Oversight Board and the
                                      Commissioner of Internal Revenue.
                                                  *           *            *              *            *          *           *
                                      SEC. 8E. SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF
                                                 JUSTICE (a) * * *
                                               (1) * * *
                                               (2) * * *
                                               (3) If the Attorney General exercises any power under para-
                                             graph (1) or (2), the Attorney General shall notify the Inspector
                                             General in writing stating the reasons for such exercise. With-
                                             in 30 days after receipt of any such notice, the Inspector Gen-
                                             eral shall transmit a copy of such notice to the øCommittees
                                             on Governmental Affairs and Judiciary of the Senate and the




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                                                                                          29

                                            Committees on Government Operations and Judiciary of the
                                            House of Representatives, and to other appropriate committees
                                            or subcommittees of the Congress¿ appropriate congressional
                                            committees, including the Committee on the Judiciary of the
                                            Senate and the Committee on the Judiciary of the House of
                                            Representatives.
                                         (b) * * *
                                               (1) * * *
                                               (2) except as specified in subsection (a) øand paragraph (3)¿,
                                            may investigate allegations of criminal wrongdoing or adminis-
                                            trative misconduct by an employee of the Department of Jus-
                                            tice, or may, in the discretion of the Inspector General, refer
                                            such allegations to the Office of Professional Responsibility or
                                            the internal affairs office of the appropriate component of the
                                            Department of Justice;
                                               ø(3) shall refer to the Counsel, Office of Professional Respon-
                                            sibility of the Department of Justice, allegations of misconduct
                                            involving Department attorneys, investigators, or law enforce-
                                            ment personnel, where the allegations relate to the exercise of
                                            the authority of an attorney to investigate, litigate, or provide
                                            legal advice, except that no such referral shall be made if the
                                            attorney is employed in the Office of Professional Responsi-
                                            bility;¿
                                               ø(4)¿ (3) may investigate allegations of criminal wrongdoing
                                            or administrative misconduct by a person who is the head of
                                            any agency or component of the Department of Justice; and
                                               ø(5)¿ (4) shall forward the results of any investigation con-
                                            ducted under øparagraph (4)¿ paragraph 3, along with any ap-
                                            propriate recommendation for disciplinary action, to the Attor-
                                            ney General.
                                         (c) Any report required to be transmitted by the Attorney Gen-
                                      eral to the appropriate øcommittees or subcommittees of the Con-
                                      gress¿ congressional committees under section 5(d) shall also be
                                      transmitted, within the seven-day period specified under such sec-
                                      tion, to the øCommittees on the Judiciary and Governmental Af-
                                      fairs of the Senate and the Committees on the Judiciary and Gov-
                                      ernment Operations of the House of Representatives¿ Committee
                                      on the Judiciary of the Senate and the Committee on the Judiciary
                                      of the House of Representatives.
                                         (d) The Attorney General shall ensure by regulation that any
                                      component of the Department of Justice receiving a nonfrivolous al-
                                      legation of criminal wrongdoing or administrative misconduct by an
                                      employee of the Department of Justice ø, except with respect to al-
                                      legations described in subsection (b)(3),¿ shall report that informa-
                                      tion to the Inspector General.
                                                  *           *            *              *            *          *           *
                                      SEC. 8G. REQUIREMENTS FOR FEDERAL ENTITIES AND DESIGNATED
                                                 FEDERAL ENTITIES

                                                 *        *                *              *            *          *           *
                                           (d) * * *
                                                (1) * * *
                                                (2) * * *
                                                  *           *            *              *            *          *           *




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                                                                                          30

                                                    (E) The committees of Congress specified in this sub-
                                                 paragraph are the appropriate congressional committees,
                                                 including—
                                                         (i) * * *
                                                         (ii) * * *
                                        (e)(1) In the case of a designated Federal entity for which a
                                      board, chairman of a committee, or commission is the head of the
                                      designated Federal entity, a removal or placement on non-duty sta-
                                      tus under this subsection may only be made upon the written con-
                                      currence of a 2/3 majority of the board, committee, or commission.
                                        (2)(A) If an Inspector General is removed from office or is trans-
                                      ferred to another position or location within a designated Federal
                                      entity, the head of the designated Federal entity shall communicate
                                      in writing the øreasons¿ substantive rationale, including detailed
                                      and case specific reasons, for any such removal or transfer to both
                                      Houses of Congress (including to the appropriate congressional
                                      committees), not later than 30 days before the removal or transfer.
                                      Nothing in this subsection shall prohibit a personnel action other-
                                      wise authorized by law, other than transfer or removal.
                                        (B) If there is an open or completed inquiry into an Inspector Gen-
                                      eral that relates to the removal or transfer of the Inspector General
                                      under subparagraph (A), the written communication required under
                                      that subparagraph shall—
                                              (i) identify each entity that is conducting, or that conducted,
                                           the inquiry; and
                                              (ii) in the case of a completed inquiry, contain the findings
                                           made during the inquiry.
                                        (3)(A) Subject to the other provisions of this paragraph, only the
                                      head of the applicable designated Federal entity (referred to in this
                                      paragraph as the ‘covered official’) may place an Inspector General
                                      on non-duty status.
                                        (B) If a covered official places an Inspector General on non-duty
                                      status, the covered official shall communicate in writing the sub-
                                      stantive rationale, including detailed and case-specific reasons, for
                                      the change in status to both Houses of Congress (including to the
                                      appropriate congressional committees) not later than 15 days before
                                      the date on which the change in status takes effect, except that the
                                      covered official may submit that communication not later than the
                                      date on which the change in status takes effect if—
                                              (i) the covered official has made a determination that the con-
                                           tinued presence of the Inspector General in the workplace poses
                                           a threat described in any of clauses (i) through (iv) of section
                                           6329b(b)(2)(A) of title 5, United States Code; and
                                              (ii) in the communication, the covered official includes a re-
                                           port on the determination described in clause (i), which shall
                                           include—
                                                    (I) a specification of which clause of section
                                                 6329b(b)(2)(A) of title 5, United States Code, the covered of-
                                                 ficial has determined applies under clause (i) of this sub-
                                                 paragraph;
                                                    (II) the substantive rationale, including detailed and
                                                 case-specific reasons, for the determination made under
                                                 clause (i);




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                                                                                          31

                                                   (III) an identification of each entity that is conducting, or
                                                 that conducted, any inquiry upon which the determination
                                                 under clause (i) was made; and
                                                   (IV) in the case of an inquiry described in subclause (III)
                                                 that is completed, the findings made during that inquiry.
                                        (C) A covered official may not place an Inspector General on non-
                                      duty status during the 30-day period preceding the date on which
                                      the Inspector General is removed or transferred under paragraph
                                      (2)(A) unless the covered official—
                                              (i) has made a determination that the continued presence of
                                           the Inspector General in the workplace poses a threat described
                                           in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title
                                           5, United States Code; and
                                              (ii) not later than the date on which the change in status
                                           takes effect, submits to both Houses of Congress (including to
                                           the appropriate congressional committees) a written commu-
                                           nication that contains the information required under subpara-
                                           graph (B), including the report required under clause (ii) of
                                           that subparagraph.
                                        (D) Nothing in this paragraph may be construed to limit or other-
                                      wise modify—
                                              (i) any statutory protection that is afforded to an Inspector
                                           General; or
                                              (ii) any other action that a covered official may take under
                                           law with respect to an Inspector General.
                                        (f) * * *
                                                 *         *               *              *            *          *           *
                                                (3) * * *
                                                     (A) * * *
                                                  *      *        *         *      *        *        *
                                                       (iii) If the Governors exercise any power under
                                                    clause (i) or (ii), the Governors shall notify the Inspec-
                                                    tor General in writing stating the reasons for such ex-
                                                    ercise. Within 30 days after receipt of any such notice,
                                                    the Inspector General shall transmit a copy of such
                                                    notice to the øCommittee on Governmental Affairs of
                                                    the Senate and the Committee on Government Reform
                                                    and Oversight of the House of Representatives, and to
                                                    other appropriate committees or subcommittees of the
                                                    Congress¿ the appropriate congressional committees.
                                                  (B) * * *
                                                  ø(C) Any report required to be transmitted by the Gov-
                                               ernors to the appropriate committees or subcommittees of
                                               the Congress under section 5(d) shall also be transmitted,
                                               within the seven-day period specified under such section,
                                               to the Committee on Governmental Affairs of the Senate
                                               and the Committee on Government Reform and Oversight
                                               of the House of Representatives.¿
                                        (g)(1) Sections 4, 5, 6 (other than subsections (a)(7) and (a)(8)
                                      thereof), 6A and 7 of this Act shall apply to each Inspector General
                                      and Office of Inspector General of a designated Federal entity and
                                      such sections shall be applied to each designated Federal entity




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                                                                                          32

                                      and head of the designated Federal entity (as defined under sub-
                                      section (a)) by substituting—
                                                  *           *            *              *            *          *           *
                                      SEC. 8I. SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF
                                                 HOMELAND SECURITY
                                           (a) * * *
                                              *        *       *        *       *        *        *
                                             (3) If the Secretary of Homeland Security exercises any
                                           power under paragraph (1) or (2), the Secretary shall notify the
                                           Inspector General of the Department of Homeland Security in
                                           writing within seven days stating the reasons for such exercise.
                                           Within 30 days after receipt of any such notice, the Inspector
                                           General shall transmit to the President of the Senate, the
                                           Speaker of the House of Representatives, and appropriate
                                           øcommittees and subcommittees of Congress¿ congressional
                                           committees the following:
                                                 (A) * * *
                                                 (B) * * *
                                        (b) * * *
                                        (c) * * *
                                        (d) Any report required to be transmitted by the Secretary of
                                      Homeland Security to the appropriate øcommittees or subcommit-
                                      tees of Congress¿ congressional committees under section 5(d) shall
                                      be transmitted, within the seven-day period specified under such
                                      section, to the President of the Senate, the Speaker of the House
                                      of Representatives, and øappropriate committees and subcommit-
                                      tees of Congress¿ congressional committees.
                                                  *           *            *              *            *          *           *
                                      SEC. 8N. ADDITIONAL PROVISIONS WITH RESPECT TO THE DEPART-
                                                 MENT OF ENERGY
                                        (a) * * *
                                        (b) Not later than 7 days after the date on which the Secretary
                                      of Energy exercises any power authorized under subsection (a), the
                                      Secretary shall notify the Inspector General of the Department of
                                      Energy in writing the reasons for such exercise. Within 30 days
                                      after receipt of any such notice, the Inspector General of the De-
                                      partment of Energy shall submit to the appropriate øcommittees of
                                      Congress¿ congressional committees a statement concerning such
                                      exercise.
                                                  *           *            *              *            *          *           *
                                      SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GEN-
                                                  ERAL ON INTEGRITY AND EFFICIENCY
                                           (a) * * *
                                           (b) * * *
                                                (1) * * *
                                                (2) * * *
                                                (3) * * *
                                                     (A) * * *
                                                     (B) * * *
                                                  *           *          *        *       *                       *           *
                                                             (viii) * * *
                                                                   (I) the President and;




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                                                                                          33

                                                                 (II) the appropriate congressional committees
                                                               øof jurisdiction of the Senate and the House of
                                                               Representatives¿;
                                                                 ø(III) the Committee on Homeland Security and
                                                               Governmental Affairs of the Senate; and¿
                                                                 ø(IV) the Committee on Oversight and Govern-
                                                               ment Reform of the House of Representatives.¿
                                           (c) * * *
                                                (1) * * *
                                                     (D) * * *
                                                     (E) support the professional development of Inspectors
                                                  General, including by providing training opportunities on
                                                  the duties, responsibilities, and authorities under this Act
                                                  and on topics relevant to Inspectors General and the work
                                                  of Inspectors General, as identified by Inspectors General
                                                  and the Council.
                                                     ø(E)¿ (F) * * *
                                                     ø(F)¿ (G) * * *
                                                     ø(G)¿ (H) * * *
                                                     ø(H)¿ (I) * * *
                                                     ø(I)¿ (J) * * *
                                                 *        *                *              *            *          *           *
                                                (3) * * *
                                                  *        *       *        *        *       *        *
                                                     (D) REPORT ON EXPENDITURES.—Not later than Novem-
                                                  ber 30 of each year, the Chairperson shall submit to the ap-
                                                  propriate committees or subcommittees of Congress, includ-
                                                  ing the Committee on Appropriations of the Senate and the
                                                  Committee on Appropriations of the House of Representa-
                                                  tives, a report on the expenditures of the Council for the
                                                  preceding fiscal year, including from direct appropriations
                                                  to the Council, interagency funding pursuant to subpara-
                                                  graph (A), a revolving fund pursuant to subparagraph (B),
                                                  or any other source.
                                                (4) * * *
                                                (5) * * *
                                                     (A) * * *
                                                     (B) in consultation with the Office of Special Counsel
                                                  and Whistleblower Protection Coordinators from the mem-
                                                  ber offices of the Inspector General, develop best practices
                                                  for coordination and communication in promoting the time-
                                                  ly and appropriate handling and consideration of protected
                                                  disclosures, øallegations of reprisal¿ and allegations of re-
                                                  prisal (including the timely and appropriate handling and
                                                  consideration of protected disclosures and allegations of re-
                                                  prisal that are internal to an Office of Inspector General),
                                                  and general matters regarding the implementation and ad-
                                                  ministration of whistleblower protection laws, in accord-
                                                  ance with Federal law.
                                           (d) * * *
                                                 *         *               *              *            *          *           *
                                                (5) * * *
                                                     (A) * * *




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                                                                                          34

                                                     (B) * * *
                                                          (i) * * *
                                                          (ii) EXTENSION.—The 30-day period described in
                                                       clause (i) may be extended for an additional period of
                                                       30 days if the Integrity Committee provides written
                                                       notice to the congressional committees described in
                                                       paragraph (8)(A) (iii) that includes a detailed, case-
                                                       specific description of why the additional time is need-
                                                       ed to evaluate the allegation of wrongdoingø.¿, the
                                                       length of time the Integrity Committee has been evalu-
                                                       ating the allegation of wrongdoing, and a description
                                                       of any previous written notice provided under this
                                                       clause with respect to the allegation of wrongdoing, in-
                                                       cluding the description provided for why additional
                                                       time was needed.
                                                          (iii) Availability of information to Congress on cer-
                                                       tain allegations of wrongdoing closed without refer-
                                                       ral.—
                                                                (I) IN GENERAL.—With respect to an allegation of
                                                             wrongdoing made by a member of Congress that is
                                                             closed by the Integrity Committee without referral
                                                             to the Chairperson of the Integrity Committee to
                                                             initiate an investigation, the Chairperson of the In-
                                                             tegrity Committee shall, not later than 60 days
                                                             after closing the allegation of wrongdoing, provide
                                                             a written description of the nature of the allegation
                                                             of wrongdoing and how the Integrity Committee
                                                             evaluated the allegation of wrongdoing to—
                                                                      (aa) the Chair and Ranking Minority Mem-
                                                                   ber of the Committee on Homeland Security
                                                                   and Governmental Affairs of the Senate; and
                                                                      (bb) the Chair and Ranking Minority Mem-
                                                                   ber of the Committee on Oversight and Reform
                                                                   of the House of Representatives.
                                                                (II) REQUIREMENT TO FORWARD.—The Chair-
                                                             person of the Integrity Committee shall forward
                                                             any written description or update provided under
                                                             this clause to the members of the Integrity Com-
                                                             mittee and to the Chairperson of the Council.
                                                (6) * * *
                                                (7) * * *
                                                     (A) * * *
                                                     (B) * * *
                                                          (i) * * *
                                                                (V) except as provided in clause (ii), ensuring, to
                                                             the extent possible, that investigations are con-
                                                             ducted by Offices of Inspector General of similar
                                                             size, and that an investigation of an Office of In-
                                                             spector General of an establishment is conducted
                                                             by another Office of Inspector General of an estab-
                                                             lishment;
                                                (8) * * *
                                                     (A) * * *
                                                          (i) * * *




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                                                                                          35

                                                          (ii) forward the report, with the recommendations of
                                                       the Integrity Committee, including those on discipli-
                                                       nary action or corrective action, within 30 days (to the
                                                       maximum extent practicable) after the completion of
                                                       the investigation, to the Executive Chairperson of the
                                                       Council and to the President (in the case of a report
                                                       relating to an Inspector General of an establishment
                                                       or any employee of that Inspector General) or the head
                                                       of a designated Federal entity (in the case of a report
                                                       relating to an Inspector General of such an entity or
                                                       any employee of that Inspector General) for resolution;
                                                       and
                                                          (iii) submit the report, with the recommendations of
                                                       the Integrity Committee, øto the Committee on Home-
                                                       land Security and Governmental Affairs of the Senate,
                                                       the Committee on Oversight and Government Reform
                                                       of the House of Representatives, and other congres-
                                                       sional committees of jurisdiction¿ to the appropriate
                                                       congressional committees; and
                                                          (iv) * * *
                                                     (B) DISPOSITION.—The Executive Chairperson of the
                                                  Council shall report to the Integrity Committee and the
                                                  appropriate congressional committees the final disposition
                                                  of the matter, including what action was taken by the
                                                  President or agency head.
                                                (9) øANNUAL REPORT.—The Council shall submit to Congress
                                             and the President by December 31 of each year a report on the
                                             activities of the Integrity Committee during the preceding fis-
                                             cal year, which shall include the following:
                                                     (A) The number of allegations received.
                                                     (B) The number of allegations referred to the Depart-
                                                  ment of Justice or the Office of Special Counsel, including
                                                  the number of allegations referred for criminal investiga-
                                                  tion.
                                                     (C) The number of allegations referred to the Chair-
                                                  person of the Integrity Committee for investigation.
                                                     (D) The number of allegations closed without referral.
                                                     (E) The date each allegation was received and the date
                                                  each allegation was finally disposed of.
                                                     (F) In the case of allegations referred to the Chairperson
                                                  of the Integrity Committee, a summary of the status of the
                                                  investigation of the allegations and, in the case of inves-
                                                  tigations completed during the preceding fiscal year, a
                                                  summary of the findings of the investigations.
                                                     (G) Other matters that the Council considers appro-
                                                  priate.¿
                                                SEMIANNUAL REPORT.—On or before May 31, 2022, and every
                                             6 months thereafter, the Council shall submit to Congress and
                                             the President a report on the activities of the Integrity Com-
                                             mittee during the immediately preceding 6-month periods end-
                                             ing March 31 and September 30, which shall include the fol-
                                             lowing with respect to allegations of wrongdoing that are made
                                             against Inspectors General and staff members of the various Of-
                                             fices of Inspector General described in paragraph (4)(C):




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                                                                                          36

                                                      (A) An overview and analysis of the allegations of wrong-
                                                   doing disposed of by the Integrity Committee, including—
                                                            (i) analysis of the positions held by individuals
                                                         against whom allegations were made, including the
                                                         duties affiliated with such positions;
                                                            (ii) analysis of the categories or types of the allega-
                                                         tions of wrongdoing; and
                                                            (iii) a summary of disposition of all the allegations.
                                                      (B) The number of allegations received by the Integrity
                                                   Committee.
                                                      (C) The number of allegations referred to the Department
                                                   of Justice or the Office of Special Counsel, including the
                                                   number of allegations referred for criminal investigation.
                                                      (D) The number of allegations referred to the Chair-
                                                   person of the Integrity Committee for investigation, a gen-
                                                   eral description of the status of such investigations, and a
                                                   summary of the findings of investigations completed.
                                                      (E) An overview and analysis of allegations of wrong-
                                                   doing received by the Integrity Committee during any pre-
                                                   vious reporting period, but remained pending during some
                                                   part of the six months covered by the report, including—
                                                            (i) analysis of the positions held by individuals
                                                         against whom allegations were made, including the
                                                         duties affiliated with such positions;
                                                            (ii) analysis of the categories or types of the allega-
                                                         tions of wrongdoing; and
                                                            (iii) a summary of disposition of all the allegations.
                                                      (F) The number and category or type of pending inves-
                                                   tigations.
                                                      (G) For each allegation received—
                                                            (i) the date on which the investigation was opened;
                                                            (ii) the date on which the allegation was disposed of,
                                                         as applicable; and
                                                            (iii) the case number associated with the allegation.
                                                      (H) The nature and number of allegations to the Integrity
                                                   Committee closed without referral, including the justifica-
                                                   tion for why each allegation was closed without referral.
                                                      (I) A brief description of any difficulty encountered by the
                                                   Integrity Committee when receiving, evaluating, inves-
                                                   tigating, or referring for investigation an allegation re-
                                                   ceived by the Integrity Committee, including a brief de-
                                                   scription of—
                                                            (i) any attempt to prevent or hinder an investigation;
                                                         or
                                                            (ii) concerns about the integrity or operations at an
                                                         Office of Inspector General.
                                                      (J) Other matters that the Council considers appropriate.
                                                  *           *            *              *            *          *           *
                                      SEC. 12. DEFINITIONS
                                               (1) * * *
                                               (2) * * *
                                               (3) except as otherwise expressly provided, the term ‘‘Inspec-
                                             tor General’’ means the Inspector General of an establishment;




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                                                                                          37

                                                (4) the term ‘‘Office’’ means the Office of Inspector General
                                             of an establishment; øand¿
                                                (5) the term ‘‘Federal agency’’ means an agency as defined in
                                             section 552(f) of title 5 (including an establishment as defined
                                             in paragraph (2)), United States Code, but shall not be con-
                                             strued to include the Government Accountability Officeø.¿; and
                                                (6) the term ‘‘appropriate congressional committees’’ means—
                                                     (A) the Committee on Homeland Security and Govern-
                                                  mental Affairs of the Senate;
                                                     (B) the Committee on Oversight and Reform of the House
                                                  of Representatives; and
                                                     (C) any other relevant congressional committee or sub-
                                                  committee of jurisdiction.

                                                                                          Æ




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