[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3994 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3994

    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

                             June 18, 2020

  Mr. Grassley (for himself, Mr. Peters, Mr. Portman, Mr. Carper, Mr. 
  Lankford, Ms. Hassan, Mr. Romney, Mr. Tester, Ms. Collins, and Mrs. 
  Feinstein) 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 2020''.

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 and 
                                the Committee on Oversight and Reform 
                                of the House of Representatives)'' 
                                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 and the 
Committee on Oversight and Reform of the House of Representatives) 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 and the Committee on 
        Oversight and Reform of the House of Representatives) 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 paragraph (4) of 
                section 3033(c) of title 50, United States Code;
                    ``(II) in the case of the Inspector General of the 
                Central Intelligence Agency, a reference to paragraph 
                (6) of section 3517(b) of title 50, United States Code;
                    ``(III) in the case of the Special Inspector 
                General for Afghanistan Reconstruction, a reference to 
                paragraph (6) of section 1229(c) 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 
                paragraph (4) of section 121(b) of the Emergency 
                Economic Stabilization Act of 2008 (12 U.S.C. 5231(b)); 
                and
                    ``(V) in the case of the Special Inspector General 
                for Pandemic Recovery, a reference to paragraph (3) of 
                section 4018(b) of the CARES Act (Public Law 116-
                136).''; 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 and 
                                the Committee on Oversight and Reform 
                                of the House of Representatives)'' 
                                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 
and the Committee on Oversight and Reform of the House of 
Representatives) 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 and the Committee on 
        Oversight and Reform of the House of Representatives) 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 or 
                        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 3025(e) of title 50, United States Code, 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 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 3025(e) of title 50, United States Code, 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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