[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2662 Engrossed in House (EH)]

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117th CONGRESS
  1st Session
                                H. R. 2662

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``IG Independence 
and Empowerment Act''.
    (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. Amendment.
Sec. 103. Removal or transfer requirements.
 TITLE II--CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR 
                                GENERAL

Sec. 201. Short title.
Sec. 202. Change in status of Inspector General offices.
Sec. 203. Presidential explanation of failure to nominate an Inspector 
                            General.
           TITLE III--VACANCY OF INSPECTOR GENERAL POSITIONS

Sec. 301. Vacancy of Inspector General positions.
  TITLE IV--COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY 
                              TRANSPARENCY

Sec. 401. Short title.
Sec. 402. Additional information to be included in requests and reports 
                            to Congress.
Sec. 403. Availability of information to members of Congress regarding 
                            certain allegations of wrongdoing closed 
                            without referral.
Sec. 404. Semiannual report.
Sec. 405. Additional reports; rules of construction.
Sec. 406. Membership of Integrity Committee.
Sec. 407. Requirement to refer allegations of wrongdoing against 
                            Inspector General to Integrity Committee.
Sec. 408. Requirement to report final disposition to Congress.
    TITLE V--ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL

Sec. 501. Short title.
Sec. 502. Additional authority provisions for Inspectors General.
      TITLE VI--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL

Sec. 601. Short title.
Sec. 602. Investigations of Department of Justice personnel.
    TITLE VII--OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS

Sec. 701. Short title.
Sec. 702. Office of Inspector General whistleblower complaints.
TITLE VIII--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN 
                      STATUS OF INSPECTOR GENERAL

Sec. 801. Notice of ongoing investigations when there is a change in 
                            status of Inspector General.
TITLE IX--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY 
                             APPROPRIATION

Sec. 901. CIGIE appropriation.
    TITLE X--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS

Sec. 1001. Notice of refusal to provide information or assistance to 
                            Inspectors General.
          TITLE XI--ENHANCEMENTS TO INSPECTOR GENERAL TRAINING

Sec. 1101. Short title.
Sec. 1102. Enhancements to Inspector General Training.
            TITLE XII--EQUITABLE PAY FOR INSPECTORS GENERAL

Sec. 1201. Equitable pay for Inspectors General.
                           TITLE XIII--REPORT

Sec. 1301. GAO Review and Report.
                      TITLE XIV--BUDGETARY EFFECTS

Sec. 1401. Determination of budgetary effects.
                         TITLE XV--SEVERABILITY

Sec. 1501. Severability.

                TITLE I--INSPECTOR GENERAL INDEPENDENCE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Inspector General Independence 
Act''.

SEC. 102. AMENDMENT.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in section 3(b)--
                    (A) by striking ``An Inspector General'' and 
                inserting:
            ``(1) An Inspector General'';
                    (B) by inserting after ``by the President'' the 
                following: ``in accordance with paragraph (2)''; and
                    (C) by inserting at the end the following new 
                paragraph:
            ``(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)):
            ``(A) Documented permanent incapacity.
            ``(B) Documented neglect of duty.
            ``(C) Documented malfeasance.
            ``(D) Documented conviction of a felony or conduct 
        involving moral turpitude.
            ``(E) Documented knowing violation of a law or regulation.
            ``(F) Documented gross mismanagement.
            ``(G) Documented gross waste of funds.
            ``(H) Documented abuse of authority.
            ``(I) Documented inefficiency.''; and
            (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):
                    ``(A) Documented permanent incapacity.
                    ``(B) Documented neglect of duty.
                    ``(C) Documented malfeasance.
                    ``(D) Documented conviction of a felony or conduct 
                involving moral turpitude.
                    ``(E) Documented knowing violation of a law or 
                regulation.
                    ``(F) Documented gross mismanagement.
                    ``(G) Documented gross waste of funds.
                    ``(H) Documented abuse of authority.
                    ``(I) Documented inefficiency.''.

SEC. 103. REMOVAL OR TRANSFER REQUIREMENTS.

    (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--
            (1) in paragraph (1), by striking ``reasons'' and inserting 
        ``substantive rationale, including detailed and case-specific 
        reasons,''; and
            (2) by inserting at the end the following new paragraph:
            ``(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--
                    ``(A) identify each entity that is conducting, or 
                that conducted, the inquiry; and
                    ``(B) in the case of a completed inquiry, contain 
                the findings made during the inquiry.''.
    (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--
            (1) in paragraph (2), by striking ``reasons'' and inserting 
        ``substantive rationale, including detailed and case-specific 
        reasons,''; and
            (2) by inserting at the end the following new paragraph:
            ``(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--
                    ``(A) identify each entity that is conducting, or 
                that conducted, the inquiry; and
                    ``(B) in the case of a completed inquiry, contain 
                the findings made during the inquiry.''.

 TITLE II--CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR 
                                GENERAL

SEC. 201. SHORT TITLE.

     This title may be cited as the ``Inspector General Protection 
Act''.

SEC. 202. CHANGE IN STATUS OF INSPECTOR GENERAL OFFICES.

    (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--
            (1) by inserting ``, is placed on paid or unpaid non-duty 
        status,'' after ``is removed from office'';
            (2) by inserting ``, change in status,'' after ``any such 
        removal''; and
            (3) by inserting ``, change in status,'' after ``before the 
        removal''.
    (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--
            (1) by inserting ``, is placed on paid or unpaid non-duty 
        status,'' after ``office'';
            (2) by inserting ``, change in status,'' after ``any such 
        removal''; and
            (3) by inserting ``, change in status,'' after ``before the 
        removal''.
    (c) Exception to Requirement To Submit Communication Relating to 
Certain Changes in Status.--
            (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--
                    (A) in paragraph (1), by striking ``If'' and 
                inserting ``Except as provided in paragraph (3), if''; 
                and
                    (B) by adding at the end the following:
            ``(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--
                    ``(A) the President determines that a delay in 
                placing the Inspector General on paid or unpaid non-
                duty status would--
                            ``(i) pose a threat to the Inspector 
                        General or others;
                            ``(ii) result in the destruction of 
                        evidence relevant to an investigation; or
                            ``(iii) result in loss of or damage to 
                        Government property;
                    ``(B) in the communication, the President 
                includes--
                            ``(i) a specification of which clause the 
                        President relied on to make the determination 
                        under subparagraph (A);
                            ``(ii) the substantive rationale, including 
                        detailed and case-specific reasons, for such 
                        determination;
                            ``(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
                            ``(iv) if an inquiry described in clause 
                        (iii) is completed, the findings of that 
                        inquiry.
            ``(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--
                    ``(A) determines that not placing the Inspector 
                General on paid or unpaid non-duty status would--
                            ``(i) pose a threat to the Inspector 
                        General or others;
                            ``(ii) result in the destruction of 
                        evidence relevant to an investigation; or
                            ``(iii) result in loss of or damage to 
                        Government property; and
                    ``(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--
                            ``(i) a specification of which clause under 
                        subparagraph (A) the President relied on to 
                        make the determination under such subparagraph;
                            ``(ii) the substantive rationale, including 
                        detailed and case-specific reasons, for such 
                        determination;
                            ``(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
                            ``(iv) if an inquiry described in clause 
                        (iii) is completed, the findings of that 
                        inquiry.''.
            (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--
                    (A) in paragraph (1), by striking ``If'' and 
                inserting ``Except as provided in paragraph (3), if''; 
                and
                    (B) by adding at the end the following:
            ``(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--
                    ``(A) the head determines that a delay in placing 
                the Inspector General on paid or unpaid non-duty status 
                would--
                            ``(i) pose a threat to the Inspector 
                        General or others;
                            ``(ii) result in the destruction of 
                        evidence relevant to an investigation; or
                            ``(iii) result in loss of or damage to 
                        Government property;
                    ``(B) in the communication, the head includes--
                            ``(i) a specification of which clause under 
                        subparagraph (A) the head relied on to make the 
                        determination under such subparagraph;
                            ``(ii) the substantive rationale, including 
                        detailed and case-specific reasons, for such 
                        determination;
                            ``(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
                            ``(iv) if an inquiry described in clause 
                        (iii) is completed, the findings of that 
                        inquiry.
            ``(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--
                    ``(A) determines that not placing the Inspector 
                General on paid or unpaid non-duty status would--
                            ``(i) pose a threat to the Inspector 
                        General or others;
                            ``(ii) result in the destruction of 
                        evidence relevant to an investigation; or
                            ``(iii) result in loss of or damage to 
                        Government property; and
                    ``(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--
                            ``(i) a specification of which clause under 
                        subparagraph (A) the head relied on to make the 
                        determination under such subparagraph;
                            ``(ii) the substantive rationale, including 
                        detailed and case-specific reasons, for such 
                        determination;
                            ``(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
                            ``(iv) if an inquiry described in clause 
                        (iii) is completed, the findings of that 
                        inquiry.''.
    (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.

SEC. 203. 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 
new section:
``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 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--
            ``(1) the reasons why the President has not yet made a 
        formal nomination; and
            ``(2) a target date for making a formal nomination.''.
    (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:

``3349e. Presidential explanation of failure to nominate an Inspector 
                            General.''.
    (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.

           TITLE III--VACANCY OF INSPECTOR GENERAL POSITIONS

SEC. 301. VACANCY OF INSPECTOR GENERAL POSITIONS.

    (a) In General.--Section 3345 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(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.
    ``(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--
            ``(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
            ``(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.''.
    (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.

  TITLE IV--COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY 
                              TRANSPARENCY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Integrity Committee Transparency 
Act of 2021''.

SEC. 402. 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. 403. AVAILABILITY OF INFORMATION TO MEMBERS OF CONGRESS REGARDING 
              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 
                        members of congress.--
                                    ``(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--
                                            ``(aa) the Chair and 
                                        Ranking Member of the Committee 
                                        on Oversight and Reform of the 
                                        House of Representatives;
                                            ``(bb) the Chair and 
                                        Ranking Member of the Committee 
                                        on Homeland Security and 
                                        Governmental Affairs of the 
                                        Senate;
                                            ``(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
                                            ``(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.
                                    ``(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. 404. 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 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):
                    ``(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 referred to the 
                Department of Justice or the Office of Special Counsel, 
                including the number of allegations referred for 
                criminal investigation.
                    ``(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.
                    ``(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--
                            ``(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.
                    ``(E) The number and category or type of pending 
                investigations.
                    ``(F) 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.
                    ``(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.
                    ``(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--
                            ``(i) any attempt to prevent or hinder an 
                        investigation; or
                            ``(ii) concerns about the integrity or 
                        operations at an Office of Inspector 
                        General.''.

SEC. 405. ADDITIONAL REPORTS; RULES OF CONSTRUCTION.

    Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended by adding at the end the following:
            ``(14) Additional reports.--
                    ``(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.
                    ``(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.
            ``(15) Rule of construction.--
                    ``(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--
                            ``(i) prohibited from disclosure by any 
                        other provision of law;
                            ``(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
                            ``(iii) a part of an ongoing criminal 
                        investigation.
                    ``(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.
            ``(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.''.

SEC. 406. MEMBERSHIP OF INTEGRITY COMMITTEE.

    Section 11(d)(2) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following:
                            ``(iv) The individual appointed under 
                        subparagraph (C).''; and
            (2) by adding at the end the following:
                    ``(C) Appointment of former inspector general to 
                committee.--
                            ``(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.
                            ``(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.
                            ``(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.
                            ``(iv) Compensation.--
                                    ``(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.
                                    ``(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.
                                    ``(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.
                                    ``(IV) Provisions relating to 
                                reemployment.--
                                            ``(aa) The Chairperson of 
                                        the Council may reemploy 
                                        annuitants.
                                            ``(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.''.

SEC. 407. REQUIREMENT TO REFER ALLEGATIONS OF WRONGDOING AGAINST 
              INSPECTOR GENERAL TO INTEGRITY COMMITTEE.

    (a) Requirement.--Section 11(d)(4) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended--
            (1) in subparagraph (A), in the heading, by striking 
        ``Requirement'' and inserting ``Allegations against staff 
        members'';
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Allegations against inspectors general.--An 
                Inspector General shall refer to the Integrity 
                Committee any allegation of wrongdoing against that 
                Inspector General.''.
    (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)''.

SEC. 408. REQUIREMENT TO REPORT FINAL DISPOSITION TO CONGRESS.

    Section 11(d)(8) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in subparagraph (A)(iii), by inserting 
        ``contemporaneously with the submission of the report under 
        clause (ii),'' before ``submit''; and
            (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''.

    TITLE V--ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL

SEC. 501. SHORT TITLE.

    This title may be cited as the ``IG Subpoena Authority Act''.

SEC. 502. 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 new section:

``SEC. 6A. ADDITIONAL AUTHORITY.

    ``(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.
    ``(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.
    ``(c) Panel Review Before Issuance.--
            ``(1) Approval required.--
                    ``(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.
                    ``(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.
            ``(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 not 
                later than 10 calendar days after the submission of 
                such request.
                    ``(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.
            ``(3) Denial by panel.--If a majority of the Subpoena Panel 
        denies the approval of a subpoena, that subpoena may not be 
        issued.
    ``(d) Notice to Attorney General.--
            ``(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.
            ``(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.
            ``(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.
    ``(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.
    ``(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.
    ``(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.'';
            (2) in section 5(a)--
                    (A) in paragraph (21)(B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (22), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting at the end the following new 
                paragraph:
            ``(23) a description of the use of subpoenas for the 
        attendance and testimony of witnesses authorized under section 
        6A.''; and
            (3) in section 8G(g)(1), by inserting ``6A,'' before ``and 
        7''.

      TITLE VI--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Inspector General Access Act''.

SEC. 602. 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 VII--OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Enhanced Whistleblower Engagement 
Act''.

SEC. 702. 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 VIII--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN 
                      STATUS OF INSPECTOR GENERAL

SEC. 801. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN 
              STATUS OF INSPECTOR GENERAL.

    (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:
    ``(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.''.
    (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:
    ``(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.''.

TITLE IX--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY 
                             APPROPRIATION

SEC. 901. CIGIE APPROPRIATION.

    (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:
                    ``(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.''.
    (b) Removing Council Funding From Individual Inspector General 
Budget Requests.--Section 6(g) of the Inspector General Act of 1978 is 
amended--
            (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
            (2) in paragraph (2)--
                    (A) in subparagraph (B), by adding ``and'' after 
                the semicolon;
                    (B) by striking subparagraph (C); and
                    (C) by redesignating subparagraph (D) as 
                subparagraph (C).
    (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.

    TITLE X--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS

SEC. 1001. 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 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--
            ``(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;
            ``(B) the Committee on Oversight and Reform of the House of 
        Representatives; and
            ``(C) the Committee on Homeland Security and Governmental 
        Affairs of the Senate.''.

          TITLE XI--ENHANCEMENTS TO INSPECTOR GENERAL TRAINING

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Inspector General Training 
Enhancement Act''.

SEC. 1102. ENHANCEMENTS TO INSPECTOR GENERAL TRAINING.

     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''.

            TITLE XII--EQUITABLE PAY FOR INSPECTORS GENERAL

SEC. 1201. EQUITABLE PAY FOR INSPECTORS GENERAL.

    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''.

                           TITLE XIII--REPORT

SEC. 1301. GAO REVIEW AND REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General shall--
            (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--
                    (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
                    (B) meet relevant standards for integrity and 
                independence;
            (2) identify recommendations with respect to--
                    (A) enhancing accountability for Inspectors 
                General; and
                    (B) ensuring that Inspectors General meet relevant 
                standards for integrity and independence; and
            (3) issue a report--
                    (A) on the results of the review required by 
                paragraph (1); and
                    (B) that contains any recommendations identified 
                under paragraph (2).

                      TITLE XIV--BUDGETARY EFFECTS

SEC. 1401. DETERMINATION OF BUDGETARY EFFECTS.

    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.

                         TITLE XV--SEVERABILITY

SEC. 1501. SEVERABILITY.

    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.

            Passed the House of Representatives June 29, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 2662

_______________________________________________________________________

                                 AN ACT

  To amend the Inspector General Act of 1978, and for other purposes.