[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2662 Reported in Senate (RS)]
<DOC>
Calendar No. 585
117th CONGRESS
2d Session
H. R. 2662
[Report No. 117-226]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2021
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
December 5, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To amend the Inspector General Act of 1978, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``IG
Independence and Empowerment Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--INSPECTOR GENERAL INDEPENDENCE
<DELETED>Sec. 101. Short title.
<DELETED>Sec. 102. Amendment.
<DELETED>Sec. 103. Removal or transfer requirements.
<DELETED>TITLE II--CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF
INSPECTOR GENERAL
<DELETED>Sec. 201. Short title.
<DELETED>Sec. 202. Change in status of Inspector General offices.
<DELETED>Sec. 203. Presidential explanation of failure to nominate an
Inspector General.
<DELETED>TITLE III--VACANCY OF INSPECTOR GENERAL POSITIONS
<DELETED>Sec. 301. Vacancy of Inspector General positions.
<DELETED>TITLE IV--COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY TRANSPARENCY
<DELETED>Sec. 401. Short title.
<DELETED>Sec. 402. Additional information to be included in requests
and reports to Congress.
<DELETED>Sec. 403. Availability of information to members of Congress
regarding certain allegations of wrongdoing
closed without referral.
<DELETED>Sec. 404. Semiannual report.
<DELETED>Sec. 405. Additional reports; rules of construction.
<DELETED>Sec. 406. Membership of Integrity Committee.
<DELETED>Sec. 407. Requirement to refer allegations of wrongdoing
against Inspector General to Integrity
Committee.
<DELETED>Sec. 408. Requirement to report final disposition to Congress.
<DELETED>TITLE V--ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS
GENERAL
<DELETED>Sec. 501. Short title.
<DELETED>Sec. 502. Additional authority provisions for Inspectors
General.
<DELETED>TITLE VI--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL
<DELETED>Sec. 601. Short title.
<DELETED>Sec. 602. Investigations of Department of Justice personnel.
<DELETED>TITLE VII--OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER
COMPLAINTS
<DELETED>Sec. 701. Short title.
<DELETED>Sec. 702. Office of Inspector General whistleblower
complaints.
<DELETED>TITLE VIII--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A
CHANGE IN STATUS OF INSPECTOR GENERAL
<DELETED>Sec. 801. Notice of ongoing investigations when there is a
change in status of Inspector General.
<DELETED>TITLE IX--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY APPROPRIATION
<DELETED>Sec. 901. CIGIE appropriation.
<DELETED>TITLE X--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL
ACCESS
<DELETED>Sec. 1001. Notice of refusal to provide information or
assistance to Inspectors General.
<DELETED>TITLE XI--ENHANCEMENTS TO INSPECTOR GENERAL TRAINING
<DELETED>Sec. 1101. Short title.
<DELETED>Sec. 1102. Enhancements to Inspector General Training.
<DELETED>TITLE XII--EQUITABLE PAY FOR INSPECTORS GENERAL
<DELETED>Sec. 1201. Equitable pay for Inspectors General.
<DELETED>TITLE XIII--REPORT
<DELETED>Sec. 1301. GAO Review and Report.
<DELETED>TITLE XIV--BUDGETARY EFFECTS
<DELETED>Sec. 1401. Determination of budgetary effects.
<DELETED>TITLE XV--SEVERABILITY
<DELETED>Sec. 1501. Severability.
<DELETED>TITLE I--INSPECTOR GENERAL INDEPENDENCE</DELETED>
<DELETED>SEC. 101. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Inspector General
Independence Act''.</DELETED>
<DELETED>SEC. 102. AMENDMENT.</DELETED>
<DELETED> The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--</DELETED>
<DELETED> (1) in section 3(b)--</DELETED>
<DELETED> (A) by striking ``An Inspector General''
and inserting:</DELETED>
<DELETED> ``(1) An Inspector General'';</DELETED>
<DELETED> (B) by inserting after ``by the
President'' the following: ``in accordance with
paragraph (2)''; and</DELETED>
<DELETED> (C) by inserting at the end the following
new paragraph:</DELETED>
<DELETED> ``(2) The President may remove an Inspector
General only for any of the following grounds (and the
documentation of any such ground shall be included in the
communication required pursuant to paragraph (1)):</DELETED>
<DELETED> ``(A) Documented permanent incapacity.</DELETED>
<DELETED> ``(B) Documented neglect of duty.</DELETED>
<DELETED> ``(C) Documented malfeasance.</DELETED>
<DELETED> ``(D) Documented conviction of a felony or conduct
involving moral turpitude.</DELETED>
<DELETED> ``(E) Documented knowing violation of a law or
regulation.</DELETED>
<DELETED> ``(F) Documented gross mismanagement.</DELETED>
<DELETED> ``(G) Documented gross waste of funds.</DELETED>
<DELETED> ``(H) Documented abuse of authority.</DELETED>
<DELETED> ``(I) Documented inefficiency.''; and</DELETED>
<DELETED> (2) in section 8G(e)(2), by adding at the end the
following: ``An Inspector General may be removed only for any
of the following grounds (and the documentation of any such
ground shall be included in the communication required pursuant
to this paragraph):</DELETED>
<DELETED> ``(A) Documented permanent
incapacity.</DELETED>
<DELETED> ``(B) Documented neglect of
duty.</DELETED>
<DELETED> ``(C) Documented malfeasance.</DELETED>
<DELETED> ``(D) Documented conviction of a felony or
conduct involving moral turpitude.</DELETED>
<DELETED> ``(E) Documented knowing violation of a
law or regulation.</DELETED>
<DELETED> ``(F) Documented gross
mismanagement.</DELETED>
<DELETED> ``(G) Documented gross waste of
funds.</DELETED>
<DELETED> ``(H) Documented abuse of
authority.</DELETED>
<DELETED> ``(I) Documented
inefficiency.''.</DELETED>
<DELETED>SEC. 103. REMOVAL OR TRANSFER REQUIREMENTS.</DELETED>
<DELETED> (a) Reasons for Removal or Transfer.--Section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.), as amended by section
102, is further amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``reasons'' and
inserting ``substantive rationale, including detailed and case-
specific reasons,''; and</DELETED>
<DELETED> (2) by inserting at the end the following new
paragraph:</DELETED>
<DELETED> ``(3) If there is an open or completed inquiry
into an Inspector General that relates to the removal or
transfer of the Inspector General under paragraph (1), the
written communication required under that paragraph shall--
</DELETED>
<DELETED> ``(A) identify each entity that is
conducting, or that conducted, the inquiry;
and</DELETED>
<DELETED> ``(B) in the case of a completed inquiry,
contain the findings made during the
inquiry.''.</DELETED>
<DELETED> (b) Reasons for Removal or Transfer for Designated Federal
Entities.--Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by striking ``reasons'' and
inserting ``substantive rationale, including detailed and case-
specific reasons,''; and</DELETED>
<DELETED> (2) by inserting at the end the following new
paragraph:</DELETED>
<DELETED> ``(3) If there is an open or completed inquiry
into an Inspector General that relates to the removal or
transfer of the Inspector General under paragraph (2), the
written communication required under that paragraph shall--
</DELETED>
<DELETED> ``(A) identify each entity that is
conducting, or that conducted, the inquiry;
and</DELETED>
<DELETED> ``(B) in the case of a completed inquiry,
contain the findings made during the
inquiry.''.</DELETED>
<DELETED>TITLE II--CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF
INSPECTOR GENERAL</DELETED>
<DELETED>SEC. 201. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Inspector General
Protection Act''.</DELETED>
<DELETED>SEC. 202. CHANGE IN STATUS OF INSPECTOR GENERAL
OFFICES.</DELETED>
<DELETED> (a) Change in Status of Inspector General of Office.--
Paragraph (1) of section 3(b) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--</DELETED>
<DELETED> (1) by inserting ``, is placed on paid or unpaid
non-duty status,'' after ``is removed from office'';</DELETED>
<DELETED> (2) by inserting ``, change in status,'' after
``any such removal''; and</DELETED>
<DELETED> (3) by inserting ``, change in status,'' after
``before the removal''.</DELETED>
<DELETED> (b) Change in Status of Inspector General of Designated
Federal Entity.--Section 8G(e)(2) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--</DELETED>
<DELETED> (1) by inserting ``, is placed on paid or unpaid
non-duty status,'' after ``office'';</DELETED>
<DELETED> (2) by inserting ``, change in status,'' after
``any such removal''; and</DELETED>
<DELETED> (3) by inserting ``, change in status,'' after
``before the removal''.</DELETED>
<DELETED> (c) Exception to Requirement To Submit Communication
Relating to Certain Changes in Status.--</DELETED>
<DELETED> (1) Communication relating to change in status of
inspector general of office.--Section 3(b) of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended by section
102(1), is further amended--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``If''
and inserting ``Except as provided in paragraph (3),
if''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(3) If an Inspector General is placed on paid or
unpaid non-duty status, the President may submit the
communication described in paragraph (1) to Congress later than
30 days before the Inspector General is placed on paid or
unpaid non-duty status, but in any case not later than the date
on which the placement takes effect, if--</DELETED>
<DELETED> ``(A) the President determines that a
delay in placing the Inspector General on paid or
unpaid non-duty status would--</DELETED>
<DELETED> ``(i) pose a threat to the
Inspector General or others;</DELETED>
<DELETED> ``(ii) result in the destruction
of evidence relevant to an investigation;
or</DELETED>
<DELETED> ``(iii) result in loss of or
damage to Government property;</DELETED>
<DELETED> ``(B) in the communication, the President
includes--</DELETED>
<DELETED> ``(i) a specification of which
clause the President relied on to make the
determination under subparagraph (A);</DELETED>
<DELETED> ``(ii) the substantive rationale,
including detailed and case-specific reasons,
for such determination;</DELETED>
<DELETED> ``(iii) if the President relied on
an inquiry to make such determination, an
identification of each entity that is
conducting, or that conducted, such inquiry;
and</DELETED>
<DELETED> ``(iv) if an inquiry described in
clause (iii) is completed, the findings of that
inquiry.</DELETED>
<DELETED> ``(4) The President may not place an Inspector
General on paid or unpaid non-duty status during the 30-day
period preceding the date on which the Inspector General is
removed or transferred under paragraph (1) unless the
President--</DELETED>
<DELETED> ``(A) determines that not placing the
Inspector General on paid or unpaid non-duty status
would--</DELETED>
<DELETED> ``(i) pose a threat to the
Inspector General or others;</DELETED>
<DELETED> ``(ii) result in the destruction
of evidence relevant to an investigation;
or</DELETED>
<DELETED> ``(iii) result in loss of or
damage to Government property; and</DELETED>
<DELETED> ``(B) on or before the date on which the
placement takes effect, submits to the Committee in the
House of Representatives and the Committee in the
Senate that has jurisdiction over the Inspector General
involved, the Committee on Oversight and Reform of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate, a
written communication that contains the following
information--</DELETED>
<DELETED> ``(i) a specification of which
clause under subparagraph (A) the President
relied on to make the determination under such
subparagraph;</DELETED>
<DELETED> ``(ii) the substantive rationale,
including detailed and case-specific reasons,
for such determination;</DELETED>
<DELETED> ``(iii) if the President relied on
an inquiry to make such determination, an
identification of each entity that is
conducting, or that conducted, such inquiry;
and</DELETED>
<DELETED> ``(iv) if an inquiry described in
clause (iii) is completed, the findings of that
inquiry.''.</DELETED>
<DELETED> (2) Communication relating to change in status of
inspector general of designated federal entity.--Section 8G(e)
of the Inspector General Act Inspector General Act of 1978 (5
U.S.C. App.) is amended--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``If''
and inserting ``Except as provided in paragraph (3),
if''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(3) If an Inspector General is placed on paid or
unpaid non-duty status, the head of a designated Federal entity
may submit the communication described in paragraph (1) to
Congress later than 30 days before the Inspector General is
placed on paid or unpaid non-duty status, but in any case not
later than the date on which the placement takes effect, if--
</DELETED>
<DELETED> ``(A) the head determines that a delay in
placing the Inspector General on paid or unpaid non-
duty status would--</DELETED>
<DELETED> ``(i) pose a threat to the
Inspector General or others;</DELETED>
<DELETED> ``(ii) result in the destruction
of evidence relevant to an investigation;
or</DELETED>
<DELETED> ``(iii) result in loss of or
damage to Government property;</DELETED>
<DELETED> ``(B) in the communication, the head
includes--</DELETED>
<DELETED> ``(i) a specification of which
clause under subparagraph (A) the head relied
on to make the determination under such
subparagraph;</DELETED>
<DELETED> ``(ii) the substantive rationale,
including detailed and case-specific reasons,
for such determination;</DELETED>
<DELETED> ``(iii) if the head relied on an
inquiry to make such determination, an
identification of each entity that is
conducting, or that conducted, such inquiry;
and</DELETED>
<DELETED> ``(iv) if an inquiry described in
clause (iii) is completed, the findings of that
inquiry.</DELETED>
<DELETED> ``(4) The head may not place an Inspector General
on paid or unpaid non-duty status during the 30-day period
preceding the date on which the Inspector General is removed or
transferred under paragraph (1) unless the head--</DELETED>
<DELETED> ``(A) determines that not placing the
Inspector General on paid or unpaid non-duty status
would--</DELETED>
<DELETED> ``(i) pose a threat to the
Inspector General or others;</DELETED>
<DELETED> ``(ii) result in the destruction
of evidence relevant to an investigation;
or</DELETED>
<DELETED> ``(iii) result in loss of or
damage to Government property; and</DELETED>
<DELETED> ``(B) on or before the date on which the
placement takes effect, submits to the Committee in the
House of Representatives and the Committee in the
Senate that has jurisdiction over the Inspector General
involved, the Committee on Oversight and Reform of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate, a
written communication that contains the following
information--</DELETED>
<DELETED> ``(i) a specification of which
clause under subparagraph (A) the head relied
on to make the determination under such
subparagraph;</DELETED>
<DELETED> ``(ii) the substantive rationale,
including detailed and case-specific reasons,
for such determination;</DELETED>
<DELETED> ``(iii) if the head relied on an
inquiry to make such determination, an
identification of each entity that is
conducting, or that conducted, such inquiry;
and</DELETED>
<DELETED> ``(iv) if an inquiry described in
clause (iii) is completed, the findings of that
inquiry.''.</DELETED>
<DELETED> (d) Application.--The amendments made by this section
shall apply with respect to removals, transfers, and changes of status
occurring on or after the date that is 30 days after the date of the
enactment of this Act.</DELETED>
<DELETED>SEC. 203. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN
INSPECTOR GENERAL.</DELETED>
<DELETED> (a) In General.--Subchapter III of chapter 33 of title 5,
United States Code, is amended by inserting after section 3349d the
following new section:</DELETED>
<DELETED>``Sec. 3349e. Presidential explanation of failure to nominate
an Inspector General</DELETED>
<DELETED> ``If the President fails to make a formal nomination for a
vacant Inspector General position that requires a formal nomination by
the President to be filled within the period beginning on the date on
which the vacancy occurred and ending on the day that is 210 days after
that date, the President shall communicate, within 30 days after the
end of such period, to Congress in writing--</DELETED>
<DELETED> ``(1) the reasons why the President has not yet
made a formal nomination; and</DELETED>
<DELETED> ``(2) a target date for making a formal
nomination.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections for chapter
33 of title 5, United States Code, is amended by inserting after the
item relating to section 3349d the following new item:</DELETED>
<DELETED>``3349e. Presidential explanation of failure to nominate an
Inspector General.''.
<DELETED> (c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and shall
apply to any vacancy first occurring on or after that date.</DELETED>
<DELETED>TITLE III--VACANCY OF INSPECTOR GENERAL POSITIONS</DELETED>
<DELETED>SEC. 301. VACANCY OF INSPECTOR GENERAL POSITIONS.</DELETED>
<DELETED> (a) In General.--Section 3345 of title 5, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(d)(1) Notwithstanding subsection (a), if an Inspector
General position that requires appointment by the President by and with
the advice and consent of the Senate to be filled is vacant, the first
assistant of such position shall perform the functions and duties of
the Inspector General temporarily in an acting capacity subject to the
time limitations of section 3346.</DELETED>
<DELETED> ``(2) Notwithstanding subsection (a), if for purposes of
carrying out paragraph (1) of this subsection, by reason of absence,
disability, or vacancy, the first assistant to the position of
Inspector General is not available to perform the functions and duties
of the Inspector General, an acting Inspector General shall be
appointed by the President from among individuals serving in an office
of any Inspector General, provided that--</DELETED>
<DELETED> ``(A) during the 365-day period preceding the date
of death, resignation, or beginning of inability to serve of
the applicable Inspector General, the individual served in a
position in an office of any Inspector General for not less
than 90 days; and</DELETED>
<DELETED> ``(B) the rate of pay for the position of such
individual is equal to or greater than the minimum rate of pay
payable for a position at GS-15 of the General
Schedule.''.</DELETED>
<DELETED> (b) Application.--The amendment made by subsection (a)
shall apply to any vacancy first occurring with respect to an Inspector
General position on or after the date of enactment of this
Act.</DELETED>
<DELETED>TITLE IV--COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY TRANSPARENCY</DELETED>
<DELETED>SEC. 401. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Integrity Committee
Transparency Act of 2021''.</DELETED>
<DELETED>SEC. 402. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS
AND REPORTS TO CONGRESS.</DELETED>
<DELETED> Section 11(d) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--</DELETED>
<DELETED> (1) in paragraph (5)(B)(ii), by striking the
period at the end and inserting ``, the length of time the
Integrity Committee has been evaluating the allegation of
wrongdoing, and a description of any previous written notice
provided under this clause with respect to the allegation of
wrongdoing, including the description provided for why
additional time was needed.''; and</DELETED>
<DELETED> (2) in paragraph (8)(A)(ii), by inserting ``or
corrective action'' after ``disciplinary action''.</DELETED>
<DELETED>SEC. 403. AVAILABILITY OF INFORMATION TO MEMBERS OF CONGRESS
REGARDING CERTAIN ALLEGATIONS OF WRONGDOING CLOSED
WITHOUT REFERRAL.</DELETED>
<DELETED> Section 11(d)(5)(B) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(iii) Availability of
information to members of congress.--</DELETED>
<DELETED> ``(I) In general.--With
respect to an allegation of wrongdoing
made by a member of Congress that is
closed by the Integrity Committee
without referral to the Chairperson of
the Integrity Committee to initiate an
investigation, the Chairperson of the
Integrity Committee shall, not later
than 60 days after closing such
allegation, provide a written
description of the nature of the
allegation of wrongdoing and how the
Integrity Committee evaluated the
allegation of wrongdoing to--</DELETED>
<DELETED> ``(aa) the Chair
and Ranking Member of the
Committee on Oversight and
Reform of the House of
Representatives;</DELETED>
<DELETED> ``(bb) the Chair
and Ranking Member of the
Committee on Homeland Security
and Governmental Affairs of the
Senate;</DELETED>
<DELETED> ``(cc) a member of
the House of Representatives
who has the support of any
seven members of the Committee
on Oversight and Reform of the
House of Representatives;
or</DELETED>
<DELETED> ``(dd) a member of
the Senate who has the support
of any five members of the
Committee on Homeland Security
and Governmental Affairs of the
Senate.</DELETED>
<DELETED> ``(II) Requirement to
forward.--The Chairperson of the
Integrity Committee shall forward any
written description or update provided
under this clause to the members of the
Integrity Committee and to the
Chairperson of the
Council.''.</DELETED>
<DELETED>SEC. 404. SEMIANNUAL REPORT.</DELETED>
<DELETED> Section 11(d)(9) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended to read as follows:</DELETED>
<DELETED> ``(9) Semiannual report.--On or before May 31,
2022, and every six months thereafter, the Council shall submit
to Congress and the President a report on the activities of the
Integrity Committee during the immediately preceding six-month
periods ending March 31 and September 30, which shall include
the following with respect to allegations of wrongdoing that
are made against Inspectors General and staff members of the
various Offices of Inspector General described under paragraph
(4)(C):</DELETED>
<DELETED> ``(A) An overview and analysis of the
allegations of wrongdoing disposed of by the Integrity
Committee, including--</DELETED>
<DELETED> ``(i) analysis of the positions
held by individuals against whom allegations
were made, including the duties affiliated with
such positions;</DELETED>
<DELETED> ``(ii) analysis of the categories
or types of the allegations of wrongdoing;
and</DELETED>
<DELETED> ``(iii) a summary of disposition
of all the allegations.</DELETED>
<DELETED> ``(B) The number of allegations referred
to the Department of Justice or the Office of Special
Counsel, including the number of allegations referred
for criminal investigation.</DELETED>
<DELETED> ``(C) The number of allegations referred
to the Chairperson of the Integrity Committee for
investigation, a general description of the status of
such investigations, and a summary of the findings of
investigations completed.</DELETED>
<DELETED> ``(D) An overview and analysis of
allegations of wrongdoing received by the Integrity
Committee during any previous reporting period, but
remained pending during some part of the six months
covered by the report, including--</DELETED>
<DELETED> ``(i) analysis of the positions
held by individuals against whom allegations
were made, including the duties affiliated with
such positions;</DELETED>
<DELETED> ``(ii) analysis of the categories
or types of the allegations of wrongdoing;
and</DELETED>
<DELETED> ``(iii) a summary of disposition
of all the allegations.</DELETED>
<DELETED> ``(E) The number and category or type of
pending investigations.</DELETED>
<DELETED> ``(F) For each allegation received--
</DELETED>
<DELETED> ``(i) the date on which the
investigation was opened;</DELETED>
<DELETED> ``(ii) the date on which the
allegation was disposed of, as applicable;
and</DELETED>
<DELETED> ``(iii) the case number associated
with the allegation.</DELETED>
<DELETED> ``(G) The nature and number of allegations
to the Integrity Committee closed without referral,
including the justification for why each allegation was
closed without referral.</DELETED>
<DELETED> ``(H) A brief description of any
difficulty encountered by the Integrity Committee when
receiving, evaluating, investigating, or referring for
investigation an allegation received by the Integrity
Committee, including a brief description of--</DELETED>
<DELETED> ``(i) any attempt to prevent or
hinder an investigation; or</DELETED>
<DELETED> ``(ii) concerns about the
integrity or operations at an Office of
Inspector General.''.</DELETED>
<DELETED>SEC. 405. ADDITIONAL REPORTS; RULES OF CONSTRUCTION.</DELETED>
<DELETED> Section 11(d) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:</DELETED>
<DELETED> ``(14) Additional reports.--</DELETED>
<DELETED> ``(A) Report to inspector general.--The
Chairperson of the Integrity Committee shall submit a
report immediately whenever the Chairperson of the
Integrity Committee becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies
relating to the administration of programs and
operations of an Office of Inspector General. The
report shall be sent to the Inspector General who leads
the Office of Inspector General at which the serious or
flagrant problems, abuses, or deficiencies were
alleged.</DELETED>
<DELETED> ``(B) Report to congress.--The Inspector
General of the Office identified by the Integrity
Committee shall submit any such report to the House
Committee on Oversight and Reform and the Senate
Committee on Homeland Security and Governmental Affairs
within seven calendar days from the time the Inspector
General receives the report together with a report by
the Inspector General at the Office identified by the
Integrity Committee containing any comments such
Inspector General deems appropriate.</DELETED>
<DELETED> ``(15) Rule of construction.--</DELETED>
<DELETED> ``(A) Public disclosure of information.--
Except as provided in subparagraph (B), nothing in this
subsection shall be construed to authorize the public
disclosure of information which is--</DELETED>
<DELETED> ``(i) prohibited from disclosure
by any other provision of law;</DELETED>
<DELETED> ``(ii) required by Executive order
to be protected from disclosure in the interest
of national defense or national security or in
the conduct of foreign affairs; or</DELETED>
<DELETED> ``(iii) a part of an ongoing
criminal investigation.</DELETED>
<DELETED> ``(B) Provision of report to requesting
members of congress.--Subject to any other provision of
law that would otherwise prohibit disclosure of such
information, the information described in subparagraph
(A) may be provided to any Member of Congress upon
request of the Member.</DELETED>
<DELETED> ``(16) Prohibited disclosures.--The Integrity
Committee may not provide or otherwise disclose to Congress or
the public any information that reveals the personally
identifiable information of an individual who alleges
wrongdoing to the Integrity Committee under this subsection
unless the Integrity Committee first obtains the consent of the
individual.''.</DELETED>
<DELETED>SEC. 406. MEMBERSHIP OF INTEGRITY COMMITTEE.</DELETED>
<DELETED> Section 11(d)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--</DELETED>
<DELETED> (1) in subparagraph (A), by adding at the end the
following:</DELETED>
<DELETED> ``(iv) The individual appointed
under subparagraph (C).''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(C) Appointment of former inspector
general to committee.--</DELETED>
<DELETED> ``(i) Appointment.--The
Chairperson of the Council shall appoint an
individual who prior to the date of such
appointment served as an Inspector General (as
that position is described in section 3(a) and
section 8G(a)(6)), and who has upheld the
highest standards of integrity and
professionalism while serving and since leaving
service as an Inspector General, as determined
by the Chairperson, to serve as a member of the
Committee unless no such individual is
available or willing to serve as a member of
the Committee at the time of the
appointment.</DELETED>
<DELETED> ``(ii) Initial term.--The
individual appointed under clause (i) shall
serve at the pleasure of the Chairperson of the
Council for a 2-year term.</DELETED>
<DELETED> ``(iii) Additional term.--The
Chairperson of the Council may reappoint the
individual appointed under clause (i) to serve
at the pleasure of the Chairperson of the
Council for an additional term not to exceed 2
years.</DELETED>
<DELETED> ``(iv) Compensation.--</DELETED>
<DELETED> ``(I) Special government
employee designation.--The individual
appointed under clause (i) shall be
considered a special government
employee pursuant to section 202(a) of
title 18, United States Code.</DELETED>
<DELETED> ``(II) Compensation and
travel expenses.--An individual
appointed under clause (i) may not
receive compensation at a rate in
excess of the rate of basic pay for
level IV of the executive schedule
under section 5315 of title 5, United
States Code, and any such individual,
while engaged in the performance of
their duties away from their homes or
regular places of business, may be
allowed travel expenses, including per
diem in lieu of subsistence, as
authorized by section 5703 of such
title for persons employed
intermittently in the Government
service.</DELETED>
<DELETED> ``(III) Acceptance of
volunteer services.--The Chairperson of
the Council may accept volunteer
services from the individual appointed
under this subparagraph without regard
to section 1342 of title 31, United
States Code.</DELETED>
<DELETED> ``(IV) Provisions relating
to reemployment.--</DELETED>
<DELETED> ``(aa) The
Chairperson of the Council may
reemploy annuitants.</DELETED>
<DELETED> ``(bb) The
employment of annuitants under
this paragraph shall be subject
to the provisions of section
9902(g) of title 5, United
States Code, as if the Council
was the Department of
Defense.''.</DELETED>
<DELETED>SEC. 407. REQUIREMENT TO REFER ALLEGATIONS OF WRONGDOING
AGAINST INSPECTOR GENERAL TO INTEGRITY
COMMITTEE.</DELETED>
<DELETED> (a) Requirement.--Section 11(d)(4) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--</DELETED>
<DELETED> (1) in subparagraph (A), in the heading, by
striking ``Requirement'' and inserting ``Allegations against
staff members'';</DELETED>
<DELETED> (2) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and</DELETED>
<DELETED> (3) by inserting after subparagraph (A) the
following:</DELETED>
<DELETED> ``(B) Allegations against inspectors
general.--An Inspector General shall refer to the
Integrity Committee any allegation of wrongdoing
against that Inspector General.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--Section 11(d)(1)
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking ``(4)(C)'' and inserting ``(4)(D)''.</DELETED>
<DELETED>SEC. 408. REQUIREMENT TO REPORT FINAL DISPOSITION TO
CONGRESS.</DELETED>
<DELETED> Section 11(d)(8) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--</DELETED>
<DELETED> (1) in subparagraph (A)(iii), by inserting
``contemporaneously with the submission of the report under
clause (ii),'' before ``submit''; and</DELETED>
<DELETED> (2) in subparagraph (B), by inserting ``, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Oversight and Reform of the House of
Representatives, and other congressional committees of
jurisdiction,'' after ``Integrity Committee''.</DELETED>
<DELETED>TITLE V--ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS
GENERAL</DELETED>
<DELETED>SEC. 501. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``IG Subpoena Authority
Act''.</DELETED>
<DELETED>SEC. 502. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS
GENERAL.</DELETED>
<DELETED> The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--</DELETED>
<DELETED> (1) by inserting after section 6 the following new
section:</DELETED>
<DELETED>``SEC. 6A. ADDITIONAL AUTHORITY.</DELETED>
<DELETED> ``(a) Testimonial Subpoena Authority.--In addition to the
authority otherwise provided by this Act and in accordance with the
requirements of this section, each Inspector General, in carrying out
the provisions of this Act (or in the case of an Inspector General or
Special Inspector General not established under this Act, the
provisions of the authorizing statute), is authorized to require by
subpoena the attendance and testimony of witnesses as necessary in the
performance of the functions assigned to the Inspector General by this
Act (or in the case of an Inspector General or Special Inspector
General not established under this Act, the functions assigned by the
authorizing statute), which in the case of contumacy or refusal to
obey, such subpoena shall be enforceable by order of any appropriate
United States district court. An Inspector General may not require by
subpoena the attendance and testimony of any Federal employee or
employee of a designated Federal entity, but may use other authorized
procedures.</DELETED>
<DELETED> ``(b) Limitation of Delegation.--The authority to issue a
subpoena under subsection (a) may only be delegated to an official
performing the functions and duties of the Inspector General when an
Inspector General position is vacant or when the Inspector General is
unable to perform the functions and duties of the Office.</DELETED>
<DELETED> ``(c) Panel Review Before Issuance.--</DELETED>
<DELETED> ``(1) Approval required.--</DELETED>
<DELETED> ``(A) Request for approval by subpoena
panel.--Before the issuance of a subpoena described in
subsection (a), an Inspector General shall submit a
request for approval to issue a subpoena to a panel (in
this section, referred to as the `Subpoena Panel'),
which shall be comprised of three Inspectors General of
the Council of the Inspectors General on Integrity and
Efficiency, who shall be designated by the Inspector
General serving as Chairperson of the
Council.</DELETED>
<DELETED> ``(B) Protection from disclosure.--The
information contained in the request submitted by an
Inspector General under subparagraph (A) and the
identification of a witness shall be protected from
disclosure to the extent permitted by law. Any request
for disclosure of such information shall be submitted
to the Inspector General requesting the
subpoena.</DELETED>
<DELETED> ``(2) Time to respond.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), the Subpoena Panel shall approve or
deny a request for approval to issue a subpoena not
later than 10 calendar days after the submission of
such request.</DELETED>
<DELETED> ``(B) Additional information for panel.--
If the Subpoena Panel determines that additional
information is necessary to approve or deny a request
submitted by an Inspector General under paragraph
(1)(A), the Subpoena Panel shall request such
information from the Inspector General and shall
approve or deny the request submitted by the Inspector
General under paragraph (1)(A) not later than 20
calendar days after the submission of the request under
such paragraph.</DELETED>
<DELETED> ``(3) Denial by panel.--If a majority of the
Subpoena Panel denies the approval of a subpoena, that subpoena
may not be issued.</DELETED>
<DELETED> ``(d) Notice to Attorney General.--</DELETED>
<DELETED> ``(1) In general.--If the Subpoena Panel approves
a subpoena under subsection (c), the Inspector General shall
notify the Attorney General that the Inspector General intends
to issue the subpoena.</DELETED>
<DELETED> ``(2) Denial for interference with an ongoing
investigation.--Not later than 10 calendar days after the date
on which the Attorney General is notified pursuant to paragraph
(1), the Attorney General may object to the issuance of the
subpoena because the subpoena will interfere with an ongoing
investigation and the subpoena may not be issued.</DELETED>
<DELETED> ``(3) Issuance of subpoena approved.--If the
Attorney General declines to object or fails to object to the
issuance of the subpoena during the 10-day period described in
paragraph (2), the Inspector General may issue the
subpoena.</DELETED>
<DELETED> ``(e) Guidelines.--The Chairperson of the Council of the
Inspectors General on Integrity and Efficiency, in consultation with
the Attorney General, shall prescribe guidelines to carry out this
section.</DELETED>
<DELETED> ``(f) Inspector General Defined.--For purposes of this
section, the term `Inspector General' includes each Inspector General
established under this Act and each Inspector General or Special
Inspector General not established under this Act.</DELETED>
<DELETED> ``(g) Applicability.--The provisions of this section shall
not affect the exercise of authority by an Inspector General of
testimonial subpoena authority established under another provision of
law.'';</DELETED>
<DELETED> (2) in section 5(a)--</DELETED>
<DELETED> (A) in paragraph (21)(B), by striking ``;
and'' and inserting a semicolon;</DELETED>
<DELETED> (B) in paragraph (22), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by inserting at the end the following
new paragraph:</DELETED>
<DELETED> ``(23) a description of the use of subpoenas for
the attendance and testimony of witnesses authorized under
section 6A.''; and</DELETED>
<DELETED> (3) in section 8G(g)(1), by inserting ``6A,''
before ``and 7''.</DELETED>
<DELETED>TITLE VI--INVESTIGATIONS OF DEPARTMENT OF JUSTICE
PERSONNEL</DELETED>
<DELETED>SEC. 601. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Inspector General Access
Act''.</DELETED>
<DELETED>SEC. 602. INVESTIGATIONS OF DEPARTMENT OF JUSTICE
PERSONNEL.</DELETED>
<DELETED> Section 8E of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``and
paragraph (3)'';</DELETED>
<DELETED> (B) by striking paragraph (3);</DELETED>
<DELETED> (C) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively;
and</DELETED>
<DELETED> (D) in paragraph (4), as redesignated, by
striking ``paragraph (4)'' and inserting ``paragraph
(3)''; and</DELETED>
<DELETED> (2) in subsection (d), by striking ``, except with
respect to allegations described in subsection
(b)(3),''.</DELETED>
<DELETED>TITLE VII--OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER
COMPLAINTS</DELETED>
<DELETED>SEC. 701. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Enhanced Whistleblower
Engagement Act''.</DELETED>
<DELETED>SEC. 702. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER
COMPLAINTS.</DELETED>
<DELETED> (a) Whistleblower Protection Coordinator.--Section
3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--</DELETED>
<DELETED> (1) in clause (i), in the matter preceding
subclause (I), by inserting ``, including employees of that
Office of Inspector General'' after ``employees'';
and</DELETED>
<DELETED> (2) in clause (iii), by inserting ``(including the
Integrity Committee of that Council)'' after ``and
Efficiency''.</DELETED>
<DELETED> (b) Council of the Inspectors General on Integrity and
Efficiency.--Section 11(c)(5)(B) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking ``, allegations of reprisal,''
and inserting the following: ``and allegations of reprisal (including
the timely and appropriate handling and consideration of protected
disclosures and allegations of reprisal that are internal to an Office
of Inspector General)''.</DELETED>
<DELETED>TITLE VIII--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A
CHANGE IN STATUS OF INSPECTOR GENERAL</DELETED>
<DELETED>SEC. 801. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A
CHANGE IN STATUS OF INSPECTOR GENERAL.</DELETED>
<DELETED> (a) Change in Status of Inspector General of Office.--
Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by inserting at the end the following:</DELETED>
<DELETED> ``(h) Not later than 15 days after an Inspector General is
removed, placed on paid or unpaid non-duty status, or transferred to
another position or location within an establishment, the acting
Inspector General shall submit to the Committee on Oversight and Reform
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate, a list of all audits and
investigations being conducted, supervised, coordinated by the Office
at the time the Inspector General was removed, placed on paid or unpaid
non-duty status, or transferred.''.</DELETED>
<DELETED> (b) Change in Status of Inspector General of Designated
Federal Entity.--Section 8G(e) of the Inspector General Act of 1978 (5
U.S.C. App.), as amended by section 202(c)(2), is further amended by
inserting at the end the following:</DELETED>
<DELETED> ``(5) Not later than 15 days after an Inspector General is
removed, placed on paid or unpaid non-duty status, or transferred to
another position or location within an designated Federal entity, the
acting Inspector General shall submit to the Committee on Oversight and
Reform of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate, a list of all audits
and investigations being conducted, supervised, coordinated by the
Office at the time the Inspector General was removed, placed on paid or
unpaid non-duty status, or transferred.''.</DELETED>
<DELETED>TITLE IX--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY APPROPRIATION</DELETED>
<DELETED>SEC. 901. CIGIE APPROPRIATION.</DELETED>
<DELETED> (a) Availability of Appropriated Funds.--Section 11(c)(3)
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by
adding at the end the following:</DELETED>
<DELETED> ``(D) Authorization of appropriations.--In
addition to any funds available in the Inspectors
General Council Fund established under subparagraph
(B), there are authorized to be appropriated such sums
as may be necessary, to remain available until
expended, to carry out the functions and duties of the
Council under this subsection.''.</DELETED>
<DELETED> (b) Removing Council Funding From Individual Inspector
General Budget Requests.--Section 6(g) of the Inspector General Act of
1978 is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``, and any
resources necessary to support the Council of the Inspectors
General on Integrity and Efficiency. Resources necessary to
support the Council of the Inspectors General on Integrity and
Efficiency shall be specifically identified and justified in
the budget request''; and</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (B), by adding ``and''
after the semicolon;</DELETED>
<DELETED> (B) by striking subparagraph (C);
and</DELETED>
<DELETED> (C) by redesignating subparagraph (D) as
subparagraph (C).</DELETED>
<DELETED> (c) Effective Date.--The amendments made by subsection (b)
shall take effect on the date that is 30 days after the date of receipt
by the Council of the Inspectors General on Integrity and Efficiency of
an appropriation for the Council to carry out the functions and duties
of the Council under section 11 of the Inspector General Act (5 U.S.C.
App. 11), as amended under this section.</DELETED>
<DELETED>TITLE X--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL
ACCESS</DELETED>
<DELETED>SEC. 1001. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR
ASSISTANCE TO INSPECTORS GENERAL.</DELETED>
<DELETED> Section 6(c) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:</DELETED>
<DELETED> ``(3) If the information or assistance that is the subject
of a report under paragraph (2) is not provided to the Inspector
General by the date that is 30 days after the report is made, the
Inspector General shall submit a notice that the information or
assistance requested is being unreasonably refused or not provided by
the head of the establishment involved or the head of the Federal
agency involved, as applicable, to--</DELETED>
<DELETED> ``(A) the Committee in the House of
Representatives and the Committee in the Senate that has
jurisdiction over the establishment involved or the Federal
agency involved, as applicable;</DELETED>
<DELETED> ``(B) the Committee on Oversight and Reform of the
House of Representatives; and</DELETED>
<DELETED> ``(C) the Committee on Homeland Security and
Governmental Affairs of the Senate.''.</DELETED>
<DELETED>TITLE XI--ENHANCEMENTS TO INSPECTOR GENERAL TRAINING</DELETED>
<DELETED>SEC. 1101. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Inspector General
Training Enhancement Act''.</DELETED>
<DELETED>SEC. 1102. ENHANCEMENTS TO INSPECTOR GENERAL
TRAINING.</DELETED>
<DELETED> Section 11(c)(1)(E) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by inserting ``and establish minimum
standards and best practices for training to ensure all Inspectors
General receive training to carry out the duties, responsibilities, and
authorities under this Act, on emerging areas of the law of relevance
to Inspectors General and the work of their offices as identified by
the Council, and on the use of and process for the suspension or
debarment of persons for eligibility for Federal contracts'' after
``Inspector General''.</DELETED>
<DELETED>TITLE XII--EQUITABLE PAY FOR INSPECTORS GENERAL</DELETED>
<DELETED>SEC. 1201. EQUITABLE PAY FOR INSPECTORS GENERAL.</DELETED>
<DELETED> Section 3(e) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting after ``3 percent'' the following:
``or the rate of pay that is equal to the highest rate of basic pay of
any other employee of the Office of such Inspector General, whichever
is higher''.</DELETED>
<DELETED>TITLE XIII--REPORT</DELETED>
<DELETED>SEC. 1301. GAO REVIEW AND REPORT.</DELETED>
<DELETED> Not later than 1 year after the date of the enactment of
this Act, the Comptroller General shall--</DELETED>
<DELETED> (1) conduct a review that evaluates the
effectiveness of the processes of the Integrity Committee of
the Council of the Inspectors General on Integrity and
Efficiency, and the processes of Offices of Inspector General,
respectively, for ensuring that Inspectors General--</DELETED>
<DELETED> (A) are held accountable through the
investigation of allegations of wrongdoing, including
allegations of misconduct, abuse of authority, or other
malfeasance, that are made against such Inspectors
General; and</DELETED>
<DELETED> (B) meet relevant standards for integrity
and independence;</DELETED>
<DELETED> (2) identify recommendations with respect to--
</DELETED>
<DELETED> (A) enhancing accountability for
Inspectors General; and</DELETED>
<DELETED> (B) ensuring that Inspectors General meet
relevant standards for integrity and independence;
and</DELETED>
<DELETED> (3) issue a report--</DELETED>
<DELETED> (A) on the results of the review required
by paragraph (1); and</DELETED>
<DELETED> (B) that contains any recommendations
identified under paragraph (2).</DELETED>
<DELETED>TITLE XIV--BUDGETARY EFFECTS</DELETED>
<DELETED>SEC. 1401. DETERMINATION OF BUDGETARY EFFECTS.</DELETED>
<DELETED> The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this Act, submitted for printing in
the Congressional Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.</DELETED>
<DELETED>TITLE XV--SEVERABILITY</DELETED>
<DELETED>SEC. 1501. SEVERABILITY.</DELETED>
<DELETED> If any provision of this Act (or the application of that
provision to particular persons or circumstances) is held invalid or
found to be unconstitutional the remainder of this Act (or the
application of that provision to other persons or circumstances) shall
not be affected.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Inspector General
Independence and Empowerment Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INSPECTOR GENERAL INDEPENDENCE
Sec. 101. Short title.
Sec. 102. Removal or transfer of inspectors general; placement on non-
duty status.
Sec. 103. Vacancy in position of inspector general.
Sec. 104. Office of inspector general whistleblower complaints.
TITLE II--PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR
GENERAL
Sec. 201. Presidential explanation of failure to nominate an inspector
general.
TITLE III--INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY TRANSPARENCY
Sec. 301. Short title.
Sec. 302. Additional information to be included in requests and reports
to Congress.
Sec. 303. Availability of information to Congress on certain
allegations of wrongdoing closed without
referral.
Sec. 304. Semiannual report.
Sec. 305. Additional reports.
Sec. 306. Requirement to report final disposition to Congress.
Sec. 307. Investigations of Offices of Inspectors General of
establishments by the Integrity Committee.
TITLE IV--TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS GENERAL
Sec. 401. Short title.
Sec. 402. Additional authority provisions for inspectors general.
Sec. 403. Review by the comptroller general.
TITLE V--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL
Sec. 501. Short title.
Sec. 502. Investigations of Department of Justice personnel.
TITLE VI--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL
Sec. 601. Notice of ongoing investigations when there is a change in
status of Inspector General.
TITLE VII--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY REPORT ON EXPENDITURES
Sec. 701. CIGIE report on expenditures.
TITLE VIII--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS
Sec. 801. Notice of refusal to provide information or assistance to
inspectors general.
TITLE IX--TRAINING RESOURCES FOR INSPECTORS GENERAL AND OTHER MATTERS
Sec. 901. Training resources for inspectors general.
Sec. 902. Definition of appropriate congressional committees.
Sec. 903. Semiannual reports.
Sec. 904. Submission of reports that specifically identify non-
governmental organizations or business
entities.
Sec. 905. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the
Afghanistan special immigrant visa program.
TITLE I--INSPECTOR GENERAL INDEPENDENCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Securing Inspector General
Independence Act of 2021''.
SEC. 102. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; PLACEMENT ON NON-
DUTY STATUS.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 3(b)--
(A) by inserting ``(1)(A)'' after ``(b)'';
(B) in paragraph (1), as so designated--
(i) in subparagraph (A), as so designated,
in the second sentence--
(I) by striking ``reasons'' and
inserting the following: ``substantive
rationale, including detailed and case-
specific reasons,''; and
(II) by inserting ``(including to
the appropriate congressional
committees)'' after ``Houses of
Congress''; and
(ii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an Inspector
General 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.''; and
(C) by adding at the end the following:
``(2)(A) Subject to the other provisions of this paragraph, only
the President may place an Inspector General on non-duty status.
``(B) If the President places an Inspector General on non-duty
status, the President shall communicate in writing the substantive
rationale, including detailed and case-specific reasons, for the change
in status to both Houses of Congress (including to the appropriate
congressional committees) not later than 15 days before the date on
which the change in status takes effect, except that the President may
submit that communication not later than the date on which the change
in status takes effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
President has determined applies under clause (i) of
this subparagraph;
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(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) The President may not place an Inspector General on non-duty
status during the 30-day period preceding the date on which the
Inspector General is removed or transferred under paragraph (1)(A)
unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) For the purposes of this paragraph--
``(i) the term `Inspector General'--
``(I) means an Inspector General who was appointed
by the President, without regard to whether the Senate
provided advice and consent with respect to that
appointment; and
``(II) includes the Inspector General of an
establishment, the Inspector General of the
Intelligence Community, the Inspector General of the
Central Intelligence Agency, the Special Inspector
General for Afghanistan Reconstruction, the Special
Inspector General for the Troubled Asset Relief
Program, and the Special Inspector General for Pandemic
Recovery; and
``(ii) a reference to the removal or transfer of an
Inspector General under paragraph (1), or to the written
communication described in that paragraph, shall be considered
to be--
``(I) in the case of the Inspector General of the
Intelligence Community, a reference to section
103H(c)(4) of the National Security Act of 1947 (50
U.S.C. 3033(c)(4));
``(II) in the case of the Inspector General of the
Central Intelligence Agency, a reference to section
17(b)(6) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(b)(6));
``(III) in the case of the Special Inspector
General for Afghanistan Reconstruction, a reference to
section 1229(c)(6) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 378);
``(IV) in the case of the Special Inspector General
for the Troubled Asset Relief Program, a reference to
section 121(b)(4) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231(b)(4)); and
``(V) in the case of the Special Inspector General
for Pandemic Recovery, a reference to section
4018(b)(3) of the CARES Act (15 U.S.C. 9053(b)(3)).'';
and
(2) in section 8G(e)--
(A) in paragraph (1), by inserting ``or placement
on non-duty status'' after ``a removal'';
(B) in paragraph (2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) in subparagraph (A), as so designated,
in the first sentence--
(I) by striking ``reasons'' and
inserting the following: ``substantive
rationale, including detailed and case-
specific reasons,''; and
(II) by inserting ``(including to
the appropriate congressional
committees)'' after ``Houses of
Congress''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an Inspector
General 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.''; and
(C) by adding at the end the following:
``(3)(A) Subject to the other provisions of this paragraph, only
the head of the applicable designated Federal entity (referred to in
this paragraph as the `covered official') may place an Inspector
General on non-duty status.
``(B) If a covered official places an Inspector General on non-duty
status, the covered official shall communicate in writing the
substantive rationale, including detailed and case-specific reasons,
for the change in status to both Houses of Congress (including to the
appropriate congressional committees) not later than 15 days before the
date on which the change in status takes effect, except that the
covered official may submit that communication not later than the date
on which the change in status takes effect if--
``(i) the covered official has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses (i)
through (iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) in the communication, the covered official includes
a report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
covered official has determined applies under clause
(i) of this subparagraph;
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(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 communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) Nothing in this paragraph may be construed to limit or
otherwise 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.''.
(b) Technical and Conforming Amendment.--Section 12(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting
``except as otherwise expressly provided,'' before ``the term''.
SEC. 103. VACANCY IN POSITION OF INSPECTOR GENERAL.
(a) In General.--Section 3 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(h)(1) In this subsection--
``(A) the term `first assistant to the position of
Inspector General' means, with respect to an Office of
Inspector General--
``(i) an individual who, as of the day before the
date on which the Inspector General dies, resigns, or
otherwise becomes unable to perform the functions and
duties of that position--
``(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 General; or
``(ii) if the Inspector General has not made a
designation described in clause (i)(II)--
``(I) the Principal Deputy Inspector
General of that Office, as of the day before
the date on which the Inspector General dies,
resigns, or otherwise becomes unable to perform
the functions and duties of that position; or
``(II) if there is no Principal Deputy
Inspector General of that Office, the Deputy
Inspector General of that Office, as of the day
before the date on which the Inspector General
dies, resigns, or otherwise becomes unable to
perform the functions and duties of that
position; and
``(B) the term `Inspector General'--
``(i) means an Inspector General who is appointed
by the President, by and with the advice and consent of
the Senate; 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 Program, and the
Special Inspector General for Pandemic Recovery.
``(2) If an Inspector General dies, resigns, or is otherwise unable
to perform the functions and duties of the position--
``(A) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)) shall not apply;
``(B) subject to paragraph (4), the first assistant to the
position of Inspector General shall perform the functions and
duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code; and
``(C) notwithstanding subparagraph (B), and subject to
paragraphs (4) and (5), the President (and only the President)
may direct an officer or employee of any Office of an Inspector
General to perform the functions and duties of the Inspector
General temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code,
only if--
``(i) during the 365-day period preceding the date
of death, resignation, or beginning of inability to
serve of the Inspector General, the officer or employee
served in a position in an Office of an Inspector
General for not less than 90 days, except that--
``(I) the requirement under this clause
shall not apply if the officer is an Inspector
General; and
``(II) for the purposes of this
subparagraph, performing the functions and
duties of an Inspector General 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 employee described in clause (i) is equal to
or greater than the minimum rate of pay payable for a
position at GS-15 of the General Schedule;
``(iii) the officer or employee has demonstrated
ability in accounting, auditing, financial analysis,
law, management analysis, public administration, or
investigations; and
``(iv) not later than 30 days before the date on
which the direction takes effect, the President
communicates in writing to both Houses of Congress
(including to the appropriate congressional committees)
the substantive rationale, including the detailed and
case-specific reasons, for such direction, including
the reason for the direction that someone other than
the individual who is performing the functions and
duties of the Inspector General temporarily in an
acting capacity (as of the date on which the President
issues that direction) perform those functions and
duties temporarily in an acting capacity.
``(3) Notwithstanding section 3345(a) of title 5, United States
Code, section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)), and subparagraphs (B) and (C) of paragraph (2), and subject
to paragraph (4), during any period in which an Inspector General is on
non-duty status--
``(A) the first assistant to the position of Inspector
General shall perform the functions and duties of the position
temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code; and
``(B) if the first assistant described in subparagraph (A)
dies, resigns, or becomes otherwise unable to perform those
functions and duties, the President (and only the President)
may direct an officer or employee in that Office of Inspector
General to perform those functions and duties temporarily in an
acting capacity, subject to the time limitations of section
3346 of title 5, United States Code, if--
``(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
Inspector General temporarily and in an acting capacity under
subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with
respect to only 1 Inspector General position at any given time.
``(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
temporarily in an acting capacity, as of the date on which the
President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) may be construed to limit the applicability of sections
3345 through 3349d of title 5, United States Code (commonly known as
the ``Federal Vacancies Reform Act of 1998''), other than with respect
to section 3345(a) of that title.
(c) Effective Date.--
(1) Definition.--In this subsection, the term ``Inspector
General'' has the meaning given the term in subsection
(h)(1)(B) of section 3 of the Inspector General Act of 1978 (5
U.S.C. App.), as added by subsection (a) of this section.
(2) Applicability.--
(A) In general.--Except as provided in subparagraph
(B), this section, and the amendments made by this
section, shall take effect on the date of enactment of
this Act.
(B) Existing vacancies.--If, as of the date of
enactment of this Act, an individual is performing the
functions and duties of an Inspector General
temporarily in an acting capacity, this section, and
the amendments made by this section, shall take effect
with respect to that Inspector General position on the
date that is 30 days after the date of enactment of
this Act.
SEC. 104. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS.
(a) Whistleblower Protection Coordinator.--Section 3(d)(1)(C) of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by inserting ``, including employees of that Office of
Inspector General'' after ``employees''; and
(2) in clause (iii), by inserting ``(including the
Integrity Committee of that Council)'' after ``and
Efficiency''.
(b) Council of the Inspectors General on Integrity and
Efficiency.--Section 11(c)(5)(B) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking ``, allegations of reprisal,''
and inserting the following: ``and allegations of reprisal (including
the timely and appropriate handling and consideration of protected
disclosures and allegations of reprisal that are internal to an Office
of Inspector General)''.
TITLE II--PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR
GENERAL
SEC. 201. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR
GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after section 3349d the following:
``Sec. 3349e. Presidential explanation of failure to nominate an
inspector general
``If the President fails to make a formal nomination for a vacant
inspector general position that requires a formal nomination by the
President to be filled within the period beginning on the later of the
date on which the vacancy occurred or on which a nomination is
rejected, withdrawn, or returned, and ending on the day that is 210
days after that date, the President shall communicate, within 30 days
after the end of such period and not later than June 1 of each year
thereafter, to the appropriate congressional committees, as defined in
section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)--
``(1) the reasons why the President has not yet made a
formal nomination; and
``(2) a target date for making a formal nomination.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter III of chapter 33 of title 5, United States Code, is amended
by inserting after the item relating to section 3349d the following:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect--
(1) on the date of enactment of this Act with respect to
any vacancy first occurring on or after that date; and
(2) on the day that is 210 days after the date of enactment
of this Act with respect to any vacancy that occurred before
the date of enactment of this Act.
TITLE III--INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY TRANSPARENCY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Integrity Committee Transparency
Act of 2021''.
SEC. 302. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS AND REPORTS
TO CONGRESS.
Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in paragraph (5)(B)(ii), by striking the period at the
end and inserting ``, the length of time the Integrity
Committee has been evaluating the allegation of wrongdoing, and
a description of any previous written notice provided under
this clause with respect to the allegation of wrongdoing,
including the description provided for why additional time was
needed.''; and
(2) in paragraph (8)(A)(ii), by inserting ``or corrective
action'' after ``disciplinary action''.
SEC. 303. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN
ALLEGATIONS OF WRONGDOING CLOSED WITHOUT REFERRAL.
Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(iii) Availability of information to
congress on certain allegations of wrongdoing
closed without referral.--
``(I) In general.--With respect to
an allegation of wrongdoing made by a
member of Congress that is closed by
the Integrity Committee without
referral to the Chairperson of the
Integrity Committee to initiate an
investigation, the Chairperson of the
Integrity Committee shall, not later
than 60 days after closing the
allegation of wrongdoing, provide a
written description of the nature of
the allegation of wrongdoing and how
the Integrity Committee evaluated the
allegation of wrongdoing to--
``(aa) the Chair and
Ranking Minority Member of the
Committee on Homeland Security
and Governmental Affairs of the
Senate; and
``(bb) the Chair and
Ranking Minority Member of the
Committee on Oversight and
Reform of the House of
Representatives.
``(II) Requirement to forward.--The
Chairperson of the Integrity Committee
shall forward any written description
or update provided under this clause to
the members of the Integrity Committee
and to the Chairperson of the
Council.''.
SEC. 304. SEMIANNUAL REPORT.
Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended to read as follows:
``(9) Semiannual report.--On or before May 31, 2022, and
every 6 months thereafter, the Council shall submit to Congress
and the President a report on the activities of the Integrity
Committee during the immediately preceding 6-month periods
ending March 31 and September 30, which shall include the
following with respect to allegations of wrongdoing that are
made against Inspectors General and staff members of the
various Offices of Inspector General described in paragraph
(4)(C):
``(A) An overview and analysis of the allegations
of wrongdoing disposed of by the Integrity Committee,
including--
``(i) analysis of the positions held by
individuals against whom allegations were made,
including the duties affiliated with such
positions;
``(ii) analysis of the categories or types
of the allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(B) The number of allegations 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
Chairperson of the Integrity Committee for
investigation, a general description of the status of
such investigations, and a summary of the findings of
investigations completed.
``(E) An overview and analysis of allegations of
wrongdoing received by the Integrity Committee during
any previous reporting period, but remained pending
during some part of the six months covered by the
report, including--
``(i) analysis of the positions held by
individuals against whom allegations were made,
including the duties affiliated with such
positions;
``(ii) analysis of the categories or types
of the allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(F) The number and category or type of pending
investigations.
``(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 justification for why each allegation was closed
without referral.
``(I) A brief description of any difficulty
encountered by the Integrity Committee when receiving,
evaluating, investigating, or referring for
investigation an allegation received by the Integrity
Committee, including a brief description of--
``(i) any attempt to prevent or hinder an
investigation; or
``(ii) concerns about the integrity or
operations at an Office of Inspector General.
``(J) Other matters that the Council considers
appropriate.''.
SEC. 305. ADDITIONAL REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Additional Reports.--
``(1) Report to inspector general.--The Chairperson of the
Integrity Committee of the Council of the Inspectors General on
Integrity and Efficiency shall, immediately whenever the
Chairperson of the Integrity Committee becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration of programs and
operations of an Office of Inspector General for which the
Integrity Committee may receive, review, and refer for
investigation allegations of wrongdoing under section 11(d),
submit a report to the Inspector General who leads the Office
at which the serious or flagrant problems, abuses, or
deficiencies were alleged.
``(2) Report to president, congress, and the
establishment.--Not later than 7 days after the date on which
an Inspector General receives a report submitted under
paragraph (1), the Inspector General shall submit to the
President, the appropriate congressional committees, and the
head of the establishment--
``(A) the report received under paragraph (1); and
``(B) a report by the Inspector General containing
any comments the Inspector General determines
appropriate.''.
SEC. 306. REQUIREMENT TO REPORT FINAL DISPOSITION TO CONGRESS.
Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by inserting ``and the appropriate congressional
committees'' after ``Integrity Committee''.
SEC. 307. INVESTIGATIONS OF OFFICES OF INSPECTORS GENERAL OF
ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.
Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ``, and that an investigation of
an Office of Inspector General of an establishment is conducted by
another Office of Inspector General of an establishment'' after
``size''.
TITLE IV--TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS GENERAL
SEC. 401. SHORT TITLE.
This title may be cited as the ``IG Testimonial Subpoena Authority
Act''.
SEC. 402. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by inserting after section 6 the following:
``SEC. 6A. ADDITIONAL AUTHORITY.
``(a) Definitions.--In this section--
``(1) the term `Chairperson' means the Chairperson of the
Council of the Inspectors General on Integrity and Efficiency;
``(2) the term `Inspector General'--
``(A) means an Inspector General of an
establishment or a designated Federal entity (as
defined in section 8G(a)); and
``(B) includes--
``(i) the Inspector General of the Central
Intelligence Agency established under section
17 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517);
``(ii) the Inspector General of the
Intelligence Community established under
section 103H of the National Security Act of
1947 (50 U.S.C. 3033);
``(iii) the Special Inspector General for
Afghanistan Reconstruction established under
section 1229 of the National Defense
Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 379);
``(iv) the Special Inspector General for
the Troubled Asset Relief Plan established
under section 121 of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231); and
``(v) the Special Inspector General for
Pandemic Recovery established under section
4018 of the CARES Act (15 U.S.C. 9053); and
``(3) the term `Subpoena Panel' means the panel to which
requests for approval to issue a subpoena are submitted under
subsection (e).
``(b) Testimonial Subpoena Authority.--
``(1) In general.--In addition to the authority otherwise
provided by this Act and in accordance with the requirements of
this section, each Inspector General, in carrying out the
provisions of this Act or the provisions of the authorizing
statute of the Inspector General, as applicable, is authorized
to require by subpoena the attendance and testimony of
witnesses as necessary in the performance of an audit,
inspection, evaluation, or investigation, which subpoena, in
the case of contumacy or refusal to obey, shall be enforceable
by order of any appropriate United States district court.
``(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
determination of whether a matter constitutes an audit,
inspection, evaluation, or investigation shall be at the
discretion of the applicable Inspector General.
``(c) Limitation on Delegation.--The authority to issue a subpoena
under subsection (b) may only be delegated to an official performing
the functions and duties of an Inspector General when the Inspector
General position is vacant or when the Inspector General is unable to
perform the functions and duties of the Office of the Inspector
General.
``(d) Notice to Attorney General.--
``(1) In general.--Not less than 10 days before submitting
a request for approval to issue a subpoena to the Subpoena
Panel under subsection (e), an Inspector General shall--
``(A) notify the Attorney General of the plan of
the Inspector 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 to
the Subpoena Panel under subsection (e) a request for approval
to issue a subpoena if 10 or more days have elapsed since the
date on which the Inspector General submits to the Attorney
General the notification required under paragraph (1)(A) with
respect to that subpoena.
``(e) Panel Review Before Issuance.--
``(1) Approval required.--
``(A) Request for approval by subpoena panel.--
Before the issuance of a subpoena described in
subsection (b), an Inspector General shall submit to a
panel a request for approval to issue the subpoena,
which shall include a determination by the Inspector
General that--
``(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 reasonably 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 general appointed by the
President and confirmed by the Senate, who
shall be randomly drawn by the Chairperson or a
designee of the Chairperson from a pool of all
such inspectors general.
``(ii) Classified information.--If
consideration of a request for a subpoena
submitted under subparagraph (A) would require
access to classified information, the
Chairperson or a designee of the Chairperson
may limit the pool of inspectors general
described in clause (i) to appropriately
cleared inspectors general.
``(iii) Confirmation of availability.--If
an inspector general drawn from the pool
described in clause (i) does not confirm their
availability to serve on the Subpoena Panel
within 24 hours of receiving a notification
from the Chairperson or a designee of the
Chairperson regarding selection for the
Subpoena Panel, the Chairperson or a designee
of the Chairperson may randomly draw a new
inspector general from the pool to serve on the
Subpoena Panel.
``(C) Contents of request.--The request described
in subparagraph (A) shall include any information
provided by the Attorney General related to the
subpoena, which the Attorney General requests that the
Subpoena Panel consider.
``(D) Protection from disclosure.--
``(i) In general.--The information
contained in a request submitted by an
Inspector General under subparagraph (A) and
the identification of a witness shall be
protected from disclosure to the extent
permitted by law.
``(ii) Request for disclosure.--Any request
for disclosure of the information described in
clause (i) shall be submitted to the Inspector
General requesting the subpoena.
``(2) Time to respond.--
``(A) In general.--Except as provided in
subparagraph (B), the Subpoena Panel shall approve or
deny a request for approval to issue a subpoena
submitted under paragraph (1) not later than 10 days
after the submission of the request.
``(B) Additional information for panel.--If the
Subpoena Panel determines that additional information
is necessary to approve or deny a request for approval
to issue a subpoena submitted by an Inspector General
under paragraph (1), the Subpoena Panel shall--
``(i) request that information; and
``(ii) approve or deny the request for
approval submitted by the Inspector General not
later than 20 days after the Subpoena Panel
submits the request for information 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 subsection
(b), the Inspector General shall provide contemporaneous 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 Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight and
Reform of the House of Representatives, and the Comptroller General of
the United States a report on the use of subpoenas described in
subsection (b) in any audit, inspection, evaluation, or investigation
that concluded during the immediately preceding 6-month periods ending
March 31 and September 30, which shall include--
``(1) a list of each Inspector General that has submitted a
request for approval of a subpoena to the Subpoena Panel;
``(2) for each applicable Inspector General, the number of
subpoenas submitted to the Subpoena Panel, approved by the
Subpoena Panel, and disapproved by the Subpoena Panel;
``(3) for each subpoena submitted to the Subpoena Panel for
approval--
``(A) an anonymized description of the individual
or organization 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 General responded, and whether the Attorney
General provided information regarding the subpoena
request, including whether the Attorney General opposed
issuance of the proposed 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 decision of the Subpoena Panel; and
``(E) the date on which the subpoena was issued, if
approved; and
``(4) any other information the Council of the Inspectors
General on Integrity and Efficiency considers appropriate to
include.
``(g) Training and Standards.--The Council of the Inspectors
General on Integrity and Efficiency, in consultation with the Attorney
General, shall promulgate standards and provide training relating to
the issuance of subpoenas, conflicts of interest, and any other matter
the Council determines necessary to carry out this section.
``(h) Applicability.--The provisions of this section shall not
affect the exercise of authority by an Inspector General of testimonial
subpoena authority established under another provision of law.
``(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.'';
(2) in section 5(a), as amended by section 903 of this
Act--
(A) in paragraph (16)(B), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(B) by adding at the end the following:
``(17) a description of the use of subpoenas for the
attendance and testimony of certain witnesses authorized under
section 6A.''; and
(3) in section 8G(g)(1), by inserting ``6A,'' before ``and
7''.
SEC. 403. REVIEW BY THE COMPTROLLER GENERAL.
Not later than January 1, 2026, the Comptroller General of the
United States shall submit to the appropriate congressional committees
a report reviewing the use of testimonial subpoena authority, which
shall include--
(1) a summary of the information included in the semiannual
reports to Congress under section 6A(f) of the Inspector
General Act of 1978 (5 U.S.C. App.), as added by this Act,
including an analysis of any patterns and trends identified in
the use of the authority during the reporting period;
(2) a review of subpoenas issued by inspectors general on
and after the date of enactment of this Act to evaluate
compliance with this Act by the respective inspector general,
the Subpoena Panel, and the Council of the Inspectors General
on Integrity and Efficiency; and
(3) any additional analysis, evaluation, or recommendation
based on observations or information gathered by the
Comptroller General of the United States during the course of
the review.
TITLE V--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL
SEC. 501. SHORT TITLE.
This title may be cited as the ``Inspector General Access Act of
2021''.
SEC. 502. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and paragraph
(3)'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(D) in paragraph (4), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (3)''; and
(2) in subsection (d), by striking ``, except with respect
to allegations described in subsection (b)(3),''.
TITLE VI--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL
SEC. 601. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by inserting after subsection (e), as added by section 305, the
following:
``(f) Not later than 15 days after an Inspector General is removed,
placed on paid or unpaid non-duty status, or transferred to another
position or location within an establishment, the officer or employee
performing the functions and duties of the Inspector General
temporarily in an acting capacity shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of Representatives
information regarding work being conducted by the Office as of the date
on which the Inspector General was removed, placed on paid or unpaid
non-duty status, or transferred, which shall include--
``(1) for each investigation--
``(A) the type of alleged offense;
``(B) the fiscal quarter in which the Office
initiated the investigation;
``(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 entity 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.''.
TITLE VII--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY REPORT ON EXPENDITURES
SEC. 701. CIGIE REPORT ON EXPENDITURES.
Section 11(c)(3) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(D) Report on expenditures.--Not later than
November 30 of each year, the Chairperson shall submit
to the appropriate committees or subcommittees of
Congress, including the Committee on Appropriations of
the Senate and the Committee on Appropriations of the
House of Representatives, a report on the expenditures
of the Council for the preceding fiscal year, including
from direct appropriations to the Council, interagency
funding pursuant to subparagraph (A), a revolving fund
pursuant to subparagraph (B), or any other source.''.
TITLE VIII--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS
SEC. 801. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR ASSISTANCE TO
INSPECTORS GENERAL.
Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended by adding at the end the following:
``(3) If the information or assistance that is the subject of a
report under paragraph (2) is not provided to the Inspector General by
the date that is 30 days after the report is made, the Inspector
General shall submit a notice that the information or assistance
requested has not been provided by the head of the establishment
involved or the head of the Federal agency involved, as applicable, to
the appropriate congressional committees.''.
TITLE IX--TRAINING RESOURCES FOR INSPECTORS GENERAL AND OTHER MATTERS
SEC. 901. TRAINING RESOURCES FOR INSPECTORS GENERAL.
Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) support the professional development of
Inspectors General, including by providing training
opportunities on the duties, responsibilities, and
authorities under this Act and on topics relevant to
Inspectors General and the work of Inspectors General,
as identified by Inspectors General and the Council.''.
SEC. 902. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 5--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``committees or
subcommittees of the Congress'' and inserting
``congressional committees''; and
(B) in subsection (d), by striking ``committees or
subcommittees of Congress'' and inserting
``congressional committees'';
(2) in section 6(h)(4)--
(A) in subparagraph (B), by striking
``Government''; and
(B) by amending subparagraph (C) to read as
follows:
``(C) Any other relevant congressional committee or
subcommittee of jurisdiction.'';
(3) in section 8--
(A) in subsection (b)--
(i) in paragraph (3), by striking ``the
Committees on Armed Services and Governmental
Affairs of the Senate and the Committee on
Armed Services and the Committee on Government
Reform and Oversight of the House of
Representatives and to other appropriate
committees or subcommittees of the Congress''
and inserting ``the appropriate congressional
committees, including the Committee on Armed
Services of the Senate and the Committee on
Armed Services of the House of
Representatives''; and
(ii) in paragraph (4), by striking ``and to
other appropriate committees or
subcommittees''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``the
Committees on Armed Services and on Homeland
Security and Governmental Affairs of the Senate
and the Committees on Armed Services and on
Oversight and Government Reform of the House of
Representatives and to other appropriate
committees or subcommittees of Congress'' and
inserting ``the appropriate congressional
committees, including the Committee on Armed
Services of the Senate and the Committee on
Armed Services of the House of
Representatives''; and
(ii) in paragraph (2), by striking
``committees or subcommittees of the Congress''
and inserting ``congressional committees'';
(4) in section 8D--
(A) in subsection (a)(3), by striking ``Committees
on Governmental Affairs and Finance of the Senate and
the Committees on Government Operations and Ways and
Means of the House of Representatives, and to other
appropriate committees or subcommittees of the
Congress'' and inserting ``appropriate congressional
committees, including the Committee on Finance of the
Senate and the Committee on Ways and Means of the House
of Representatives''; and
(B) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``committees or
subcommittees of the Congress'' and
inserting ``congressional committees'';
and
(II) by striking ``Committees on
Governmental Affairs and Finance of the
Senate and the Committees on Government
Reform and Oversight and Ways and Means
of the House of Representatives'' and
inserting ``Committee on Finance of the
Senate and the Committee on Ways and
Means of the House of
Representatives''; and
(ii) in paragraph (2), by striking
``committees or subcommittees of Congress'' and
inserting ``congressional committees'';
(5) in section 8E--
(A) in subsection (a)(3), by striking ``Committees
on Governmental Affairs and Judiciary of the Senate and
the Committees on Government Operations and Judiciary
of the House of Representatives, and to other
appropriate committees or subcommittees of the
Congress'' and inserting ``appropriate congressional
committees, including the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the
House of Representatives''; and
(B) in subsection (c)--
(i) by striking ``committees or
subcommittees of the Congress'' and inserting
``congressional committees''; and
(ii) by striking ``Committees on the
Judiciary and Governmental Affairs of the
Senate and the Committees on the Judiciary and
Government Operations of the House of
Representatives'' and inserting ``Committee on
the Judiciary of the Senate and the Committee
on the Judiciary of the House of
Representatives'';
(6) in section 8G--
(A) in subsection (d)(2)(E), in the matter
preceding clause (i), by inserting ``the appropriate
congressional committees, including'' after ``are'';
and
(B) in subsection (f)(3)--
(i) in subparagraph (A)(iii), by striking
``Committee on Governmental Affairs of the
Senate and the Committee on Government Reform
and Oversight of the House of Representatives,
and to other appropriate committees or
subcommittees of the Congress'' and inserting
``the appropriate congressional committees'';
and
(ii) by striking subparagraph (C);
(7) in section 8I--
(A) in subsection (a)(3), in the matter preceding
subparagraph (A), by striking ``committees and
subcommittees of Congress'' and inserting
``congressional committees''; and
(B) in subsection (d), by striking ``committees and
subcommittees of Congress'' each place it appears and
inserting ``congressional committees'';
(8) in section 8N(b), by striking ``committees of
Congress'' and inserting ``congressional committees'';
(9) in section 11--
(A) in subsection (b)(3)(B)(viii)--
(i) by striking subclauses (III) and (IV);
(ii) in subclause (I), by adding ``and'' at
the end; and
(iii) by amending subclause (II) to read as
follows:
``(II) the appropriate
congressional committees.''; and
(B) in subsection (d)(8)(A)(iii), by striking ``to
the'' and all that follows through ``jurisdiction'' and
inserting ``to the appropriate congressional
committees''; and
(10) in section 12--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Oversight and Reform of the
House of Representatives; and
``(C) any other relevant congressional committee or
subcommittee of jurisdiction.''.
SEC. 903. SEMIANNUAL REPORTS.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 4(a)(2)--
(A) by inserting ``, including'' after ``to make
recommendations''; and
(B) by inserting a comma after ``section 5(a)'';
(2) in section 5--
(A) in subsection (a)--
(i) by striking paragraphs (1) through (12)
and inserting the following:
``(1) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the establishment and associated reports and
recommendations for corrective action made by the Office;
``(2) an identification of each recommendation made before
the reporting period, for which corrective action has not been
completed, including the potential costs savings associated
with the recommendation;
``(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
evaluation 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 unsupported costs) and the dollar value
of recommendations that funds be put to better use,
including whether a management decision had been made
by the end of the reporting period;
``(6) information regarding any management decision made
during the reporting period with respect to any audit,
inspection, or evaluation issued during a previous reporting
period;'';
(ii) by redesignating paragraphs (13)
through (22) as paragraphs (7) through (16),
respectively;
(iii) by amending paragraph (13), as so
redesignated, to read as follows:
``(13) a report on each investigation conducted by the
Office where allegations of misconduct were substantiated
involving a senior Government employee or senior official (as
defined by the Office) if the establishment does not have
senior Government employees, which shall include--
``(A) the name of the senior Government employee,
if already 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, 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 referral, the date of the
declination;''; and
(iv) by amending paragraph (15), as so
redesignated, to read as follows:
``(15) information related to interference by the
establishment, including--
``(A) a detailed description of any attempt by the
establishment to interfere with the independence of the
Office, including--
``(i) with budget constraints designed to
limit the capabilities 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,
including the justification of the
establishment for such action; and
``(B) a summary of each report made to the head of
the establishment under section 6(c)(2) during the
reporting period;''; and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3) and
inserting the following:
``(2) where final action on audit, inspection, and
evaluation reports had not been taken before the commencement
of the reporting period, statistical tables showing--
``(A) with respect to management decisions--
``(i) for each report, whether a management
decision was made during the reporting 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 decision 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 before 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 management 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 better use not yet
recovered or written off by management;
``(IV) recommendations that were
completed; and
``(V) recommendations that
management has subsequently concluded
should not or could not be implemented
or completed; and
``(iii) total number of reports where final
action was not taken and total number of
reports where final action was taken, including
the total corresponding dollar value of
disallowed costs and funds to be put to better
use as agreed to in the management
decisions;'';
(ii) by redesignating paragraph (4) as
paragraph (3);
(iii) in paragraph (3), as so redesignated,
by striking ``subsection (a)(20)(A)'' and
inserting ``subsection (a)(14)(A)''; and
(iv) by striking paragraph (5) and
inserting the following:
``(4) a statement explaining why final action has not been
taken with respect to each audit, inspection, and evaluation
report 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 preceding year; or
``(ii) the report is under formal
administrative or judicial 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) by redesignating subsection (h), as so
redesignated by section 305, as subsection (i); and
(D) by inserting after subsection (g), as so
redesignated by section 305, the following:
``(h) If an Office has published any portion of the report or
information required under subsection (a) to the website of the Office
or on oversight.gov, the Office may elect to provide links to the
relevant webpage or website in the report of the Office under
subsection (a) in lieu of including the information in that report.''.
SEC. 904. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY NON-
GOVERNMENTAL ORGANIZATIONS OR BUSINESS ENTITIES.
(a) In General.--Section 5(g) of the Inspector General Act of 1978
(5 U.S.C. App.), as so redesignated by section 305, is amended by
adding at the end the following:
``(6)(A) Except as provided in subparagraph (B), if an audit,
evaluation, inspection, or other non-investigative report prepared by
an Inspector General specifically identifies a specific non-
governmental organization or business entity, whether or not the non-
governmental organization or business entity is the subject of that
audit, evaluation, inspection, or non-investigative report--
``(i) the Inspector General shall notify the non-
governmental organization 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 publication of the audit, evaluation,
inspection, or non-investigative report; and
``(II) the opportunity to submit a written response
for the purpose of clarifying or providing additional
context as it directly relates to each instance wherein
an audit, evaluation, inspection, or non-investigative
report specifically identifies that non-governmental
organization or business entity; and
``(iii) if a written response is submitted under clause
(ii)(II) within the 30-day period described in clause (ii)(I)--
``(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 includes the written
response.
``(B) Subparagraph (A) shall not apply with respect to a non-
governmental organization or business entity that refused to provide
information or assistance sought by an Inspector General during the
creation of the audit, evaluation, inspection, or non-investigative
report.
``(C) An Inspector General shall review any written response
received under subparagraph (A) for the purpose of preventing the
improper disclosure of classified information or other non-public
information, consistent with applicable laws, rules, and regulations,
and, if necessary, redact such information.''.
(b) Retroactive Applicability.--During the 30-day period beginning
on the date of enactment of this Act--
(1) the amendment made by subsection (a) shall apply upon
the request of a non-governmental organization or business
entity named in an audit, evaluation, inspection, or other non-
investigative report prepared on or after January 1, 2019; and
(2) any written response submitted under clause (iii) of
section 5(g)(6)(A)of the Inspector General Act of 1978 (5
U.S.C. App.), as added by subsection (a), with respect to such
an audit, evaluation, inspection, or other non-investigative
report shall attach to the original report in the manner
described in that clause.
SEC. 905. REVIEW RELATING TO VETTING, PROCESSING, AND RESETTLEMENT OF
EVACUEES FROM AFGHANISTAN AND THE AFGHANISTAN SPECIAL
IMMIGRANT VISA PROGRAM.
(a) In General.--In accordance with the Inspector General Act of
1978 (5 U.S.C. App.), the Inspector General of the Department of
Homeland Security, jointly with the Inspector General of the Department
of State, and in coordination with any appropriate inspector general,
shall conduct a thorough review of efforts to support and process
evacuees from Afghanistan and the Afghanistan special immigrant visa
program.
(b) Elements.--The review required by subsection (a) shall include
an assessment of the systems, staffing, policies, and programs used--
(1) to the screen and vet such evacuees, including--
(A) an assessment of whether personnel conducting
such screening and vetting were appropriately
authorized and provided with training, including
training in the detection of fraudulent personal
identification documents;
(B) an analysis of the degree to which such
screening and vetting deviated from United States law,
regulations, policy, and best practices relating to the
screening and vetting of refugees and applicants for
United States visas that have been in use at any time
since January 1, 2016;
(C) an identification of any risk to the national
security of the United States posed by any such
deviations;
(D) an analysis of the processes used for evacuees
traveling without personal identification records,
including the creation or provision of any new
identification records to such evacuees; and
(E) an analysis of the degree to which such
screening and vetting process was capable of
detecting--
(i) instances of human trafficking and
domestic abuse;
(ii) evacuees who are unaccompanied minors;
and
(iii) evacuees with a spouse that is a
minor;
(2) to admit and process such evacuees at United States
ports of entry;
(3) to temporarily house such evacuees prior to
resettlement;
(4) to account for the total number of individual evacuated
from Afghanistan in 2021 with support of the United States
Government, disaggregated by--
(A) country of origin;
(B) age;
(C) gender;
(D) eligibility for special immigrant visas under
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note; Public Law 111-8) or section 1059 of the National
Defense Authorization Act for Fiscal Year 2006 (8
U.S.C. 1101 note; Public Law 109-163) at the time of
evacuation;
(E) eligibility for employment-based nonimmigrant
visas at the time of evacuation; and
(F) familial relationship to evacuees who are
eligible for visas described in subparagraphs (D) and
(E); and
(5) to provide eligible individuals with special immigrant
visas under the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note; Public Law 111-8) and section 1059 of the National
Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163) since the date of the enactment of
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8), including--
(A) a detailed step-by-step description of the
application process for such special immigrant visas,
including the number of days allotted by the United
States Government for the completion of each step;
(B) the number of such special immigrant visa
applications received, approved, and denied,
disaggregated by fiscal year;
(C) the number of such special immigrant visas
issued, as compared to the number available under law,
disaggregated by fiscal year;
(D) an assessment of the average length of time
taken to process an application for such a special
immigrant visa, beginning on the date of submission of
the application and ending on the date of final
disposition, disaggregated by fiscal year;
(E) an accounting of the number of applications for
such special immigrant visas that remained pending at
the end of each fiscal year;
(F) an accounting of the number of interviews of
applicants for such special immigrant visas conducted
during each fiscal year;
(G) the number of noncitizens who were admitted to
the United States pursuant to such a special immigrant
visa during each fiscal year;
(H) an assessment of the extent to which each
participating department or agency of the United States
Government, including the Department of State and the
Department of Homeland Security, adjusted processing
practices and procedures for such special immigrant
visas so as to vet applicants and expand processing
capacity since the February 29, 2020, Doha Agreement
between the United States and the Taliban;
(I) a list of specific steps, if any, taken between
February 29, 2020, and August 31, 2021--
(i) to streamline the processing of
applications for such special immigrant visas;
and
(ii) to address longstanding bureaucratic
hurdles while improving security protocols;
(J) a description of the degree to which the
Secretary of State implemented recommendations made by
the Department of State Office of Inspector General in
its June 2020 reports on Review of the Afghan Special
Immigrant Visa Program (AUD-MERO-20-35) and Management
Assistance Report: Quarterly Reporting on Afghan
Special Immigrant Visa Program Needs Improvement (AUD-
MERO-20-34);
(K) an assessment of the extent to which challenges
in verifying applicants' employment with the Department
of Defense contributed to delays in the processing of
such special immigrant visas, and an accounting of the
specific steps taken since February 29, 2020, to
address issues surrounding employment verification; and
(L) recommendations to strengthen and streamline
such special immigrant visa process going forward.
(c) Interim Reporting.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of Homeland Security and the Inspector General of
the Department of State shall submit to the appropriate
congressional committees not fewer than one interim report on
the review conducted under this section.
(2) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the
meaning given the term in section 12 of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended by this
Act.
(B) Screen; screening.--The terms ``screen'' and
``screening'', with respect to an evacuee, mean the
process by which a Federal official determines--
(i) the identity of the evacuee;
(ii) whether the evacuee has a valid
identification documentation; and
(iii) whether any database of the United
States Government contains derogatory
information about the evacuee.
(C) Vet; vetting.--The term ``vet'' and
``vetting'', with respect to an evacuee, means the
process by which a Federal official interviews the
evacuee to determine whether the evacuee is who they
purport to be, including whether the evacuee poses a
national security risk.
(d) Discharge of Responsibilities.--The Inspector General of the
Department of Homeland Security and the Inspector General of the
Department of State shall discharge the responsibilities under this
section in a manner consistent with the authorities and requirements of
the Inspector General Act of 1978 (5 U.S.C. App.) and the authorities
and requirements applicable to the Inspector General of the Department
of Homeland Security and the Inspector General of the Department of
State under that Act.
(e) Coordination.--Upon request of an Inspector General for
information or assistance under subsection (a), the head of any Federal
agency involved shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the Federal agency from which the information is requested, furnish to
such Inspector General, or to an authorized designee, such information
or assistance.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of the Inspector General of the
Department of Homeland Security or the Inspector General of the
Department of State to enter into agreements to conduct joint audits,
inspections, or investigations in the exercise of the oversight
responsibilities of the Inspector General of the Department of Homeland
Security and the Inspector General of the Department of State, in
accordance with the Inspector General Act of 1978 (5 U.S.C. App.), with
respect to oversight of the evacuation from Afghanistan, the selection,
vetting, and processing of applicants for special immigrant visas and
asylum, and any resettlement in the United States of such evacuees.
Calendar No. 585
117th CONGRESS
2d Session
H. R. 2662
[Report No. 117-226]
_______________________________________________________________________
AN ACT
To amend the Inspector General Act of 1978, and for other purposes.
_______________________________________________________________________
December 5, 2022
Reported with an amendment