[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 587 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 587
To amend the Inspector General Act of 1978 to provide that the
President or certain agency heads may remove an Inspector General, or
place an Inspector General on non-duty status, only if certain
conditions are satisfied, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2021
Mr. Grassley (for himself, Mr. Peters, Mr. Portman, Mr. Carper, Mr.
Lankford, Ms. Hassan, Mr. Romney, Mr. Tester, Ms. Collins, Mrs.
Feinstein, Mr. Wicker, and Ms. Sinema) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Inspector General Act of 1978 to provide that the
President or certain agency heads may remove an Inspector General, or
place an Inspector General on non-duty status, only if certain
conditions are satisfied, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Inspector General
Independence Act of 2021''.
SEC. 2. 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 Committee on Homeland Security and
Governmental Affairs of the Senate, the
Committee on Oversight and Reform of
the House of Representatives, and any
other congressional committee that has
jurisdiction with respect to that
Inspector General)'' 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 Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Oversight and Reform of the House of Representatives, and any other
congressional committee that has jurisdiction with respect to that
Inspector General) not later than 15 days before the date on which the
change in status takes effect, except that the President may submit
that communication on 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 Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight
and Reform of the House of Representatives, and any other
congressional committee that has jurisdiction with respect to
that Inspector General) 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. 379);
``(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 Committee on Homeland Security and
Governmental Affairs of the Senate, the
Committee on Oversight and Reform of
the House of Representatives, and any
other congressional committee that has
jurisdiction with respect to that
Inspector General)'' 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
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on Oversight and Reform of the House of Representatives,
and any other congressional committee that has jurisdiction with
respect to that Inspector General) 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 on 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 Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight
and Reform of the House of Representatives, and any other
congressional committee that has jurisdiction with respect to
that Inspector General) 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. 3. 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 Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Reform of the House of Representatives,
and any other congressional committee that has
jurisdiction with respect to that Inspector General)
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. 4. 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)''.
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