[Congressional Record Volume 167, Number 200 (Wednesday, November 17, 2021)]
[Senate]
[Pages S8381-S8386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4776. Mr. PETERS (for himself, Mr. Portman, and Mr. Grassley)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT ACT OF 2021
SEC. 5101. SHORT TITLE.
This division may be cited as the ``Inspector General
Independence and Empowerment Act of 2021''.
TITLE LI--INSPECTOR GENERAL INDEPENDENCE
SEC. 5111. SHORT TITLE.
This title may be cited as the ``Securing Inspector General
Independence Act of 2021''.
SEC. 5112. REMOVAL OR TRANSFER OF INSPECTORS GENERAL;
PLACEMENT ON NON-DUTY STATUS.
(a) In General.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in section 3(b)--
(A) by inserting ``(1)(A)'' after ``(b)'';
(B) in paragraph (1), as so designated--
(i) in subparagraph (A), as so designated, in the second
sentence--
(I) by striking ``reasons'' and inserting the following:
``substantive rationale, including detailed and case-specific
reasons,''; and
(II) by inserting ``(including to the appropriate
congressional committees)'' after ``Houses of Congress''; and
(ii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(C) by adding at the end the following:
``(2)(A) Subject to the other provisions of this paragraph,
only the President may place an Inspector General on non-duty
status.
``(B) If the President places an Inspector General on non-
duty status, the President
[[Page S8382]]
shall communicate in writing the substantive rationale,
including detailed and case-specific reasons, for the change
in status to both Houses of Congress (including to the
appropriate congressional committees) not later than 15 days
before the date on which the change in status takes effect,
except that the President may submit that communication not
later than the date on which the change in status takes
effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv)
of section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the President
has determined applies under clause (i) of this subparagraph;
``(II) the substantive rationale, including detailed and
case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) The President may not place an Inspector General on
non-duty status during the 30-day period preceding the date
on which the Inspector General is removed or transferred
under paragraph (1)(A) unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) For the purposes of this paragraph--
``(i) the term `Inspector General'--
``(I) means an Inspector General who was appointed by the
President, without regard to whether the Senate provided
advice and consent with respect to that appointment; and
``(II) includes the Inspector General of an establishment,
the Inspector General of the Intelligence Community, the
Inspector General of the Central Intelligence Agency, the
Special Inspector General for Afghanistan Reconstruction, the
Special Inspector General for the Troubled Asset Relief
Program, and the Special Inspector General for Pandemic
Recovery; and
``(ii) a reference to the removal or transfer of an
Inspector General under paragraph (1), or to the written
communication described in that paragraph, shall be
considered to be--
``(I) in the case of the Inspector General of the
Intelligence Community, a reference to section 103H(c)(4) of
the National Security Act of 1947 (50 U.S.C. 3033(c)(4));
``(II) in the case of the Inspector General of the Central
Intelligence Agency, a reference to section 17(b)(6) of the
Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(b)(6));
``(III) in the case of the Special Inspector General for
Afghanistan Reconstruction, a reference to section 1229(c)(6)
of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 378);
``(IV) in the case of the Special Inspector General for the
Troubled Asset Relief Program, a reference to section
121(b)(4) of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5231(b)(4)); and
``(V) in the case of the Special Inspector General for
Pandemic Recovery, a reference to section 4018(b)(3) of the
CARES Act (15 U.S.C. 9053(b)(3)).''; and
(2) in section 8G(e)--
(A) in paragraph (1), by inserting ``or placement on non-
duty status'' after ``a removal'';
(B) in paragraph (2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) in subparagraph (A), as so designated, in the first
sentence--
(I) by striking ``reasons'' and inserting the following:
``substantive rationale, including detailed and case-specific
reasons,''; and
(II) by inserting ``(including to the appropriate
congressional committees)'' after ``Houses of Congress''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(C) by adding at the end the following:
``(3)(A) Subject to the other provisions of this paragraph,
only the head of the applicable designated Federal entity
(referred to in this paragraph as the `covered official') may
place an Inspector General on non-duty status.
``(B) If a covered official places an Inspector General on
non-duty status, the covered official shall communicate in
writing the substantive rationale, including detailed and
case-specific reasons, for the change in status to both
Houses of Congress (including to the appropriate
congressional committees) not later than 15 days before the
date on which the change in status takes effect, except that
the covered official may submit that communication not later
than the date on which the change in status takes effect if--
``(i) the covered official has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses (i)
through (iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) in the communication, the covered official includes
a report on the determination described in clause (i), which
shall include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the covered
official has determined applies under clause (i) of this
subparagraph;
``(II) the substantive rationale, including detailed and
case-specific reasons, for the determination made under
clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which the
determination under clause (i) was made; and
``(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that
inquiry.
``(C) A covered official may not place an Inspector General
on non-duty status during the 30-day period preceding the
date on which the Inspector General is removed or transferred
under paragraph (2)(A) unless the covered official--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information required
under subparagraph (B), including the report required under
clause (ii) of that subparagraph.
``(D) Nothing in this paragraph may be construed to limit
or otherwise modify--
``(i) any statutory protection that is afforded to an
Inspector General; or
``(ii) any other action that a covered official may take
under law with respect to an Inspector General.''.
(b) Technical and Conforming Amendment.--Section 12(3) of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended
by inserting ``except as otherwise expressly provided,''
before ``the term''.
SEC. 5113. 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--
[[Page S8383]]
``(i) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of the
Inspector General, the officer or employee served in a
position in an Office of an Inspector General for not less
than 90 days, except that--
``(I) the requirement under this clause shall not apply if
the officer is an Inspector General; and
``(II) for the purposes of this subparagraph, performing
the functions and duties of an Inspector General temporarily
in an acting capacity does not qualify as service in a
position in an Office of an Inspector General;
``(ii) the rate of pay for the position of the officer or
employee described in clause (i) is equal to or greater than
the minimum rate of pay payable for a position at GS-15 of
the General Schedule;
``(iii) the officer or employee has demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations; and
``(iv) not later than 30 days before the date on which the
direction takes effect, the President communicates in writing
to both Houses of Congress (including to the appropriate
congressional committees) the substantive rationale,
including the detailed and case-specific reasons, for such
direction, including the reason for the direction that
someone other than the individual who is performing the
functions and duties of the Inspector General temporarily in
an acting capacity (as of the date on which the President
issues that direction) perform those functions and duties
temporarily in an acting capacity.
``(3) Notwithstanding section 3345(a) of title 5, United
States Code, section 103(e) of the National Security Act of
1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of
paragraph (2), and subject to paragraph (4), during any
period in which an Inspector General is on non-duty status--
``(A) the first assistant to the position of Inspector
General shall perform the functions and duties of the
position temporarily in an acting capacity subject to the
time limitations of section 3346 of title 5, United States
Code; and
``(B) if the first assistant described in subparagraph (A)
dies, resigns, or becomes otherwise unable to perform those
functions and duties, the President (and only the President)
may direct an officer or employee in that Office of Inspector
General to perform those functions and duties temporarily in
an acting capacity, subject to the time limitations of
section 3346 of title 5, United States Code, if--
``(i) that direction satisfies the requirements under
clauses (ii), (iii), and (iv) of paragraph (2)(C); and
``(ii) that officer or employee served in a position in
that Office of Inspector General for not fewer than 90 of the
365 days preceding the date on which the President makes that
direction.
``(4) An individual may perform the functions and duties of
an Inspector General temporarily and in an acting capacity
under subparagraph (B) or (C) of paragraph (2), or under
paragraph (3), with respect to only 1 Inspector General
position at any given time.
``(5) If the President makes a direction under paragraph
(2)(C), during the 30-day period preceding the date on which
the direction of the President takes effect, the functions
and duties of the position of the applicable Inspector
General shall be performed by--
``(A) the first assistant to the position of Inspector
General; or
``(B) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which
the President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) may be construed to limit the applicability of
sections 3345 through 3349d of title 5, United States Code
(commonly known as the ``Federal Vacancies Reform Act of
1998''), other than with respect to section 3345(a) of that
title.
(c) Effective Date.--
(1) Definition.--In this subsection, the term ``Inspector
General'' has the meaning given the term in subsection
(h)(1)(B) of section 3 of the Inspector General Act of 1978
(5 U.S.C. App.), as added by subsection (a) of this section.
(2) Applicability.--
(A) In general.--Except as provided in subparagraph (B),
this section, and the amendments made by this section, shall
take effect on the date of enactment of this Act.
(B) Existing vacancies.--If, as of the date of enactment of
this Act, an individual is performing the functions and
duties of an Inspector General temporarily in an acting
capacity, this section, and the amendments made by this
section, shall take effect with respect to that Inspector
General position on the date that is 30 days after the date
of enactment of this Act.
SEC. 5114. 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 LII--PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR
GENERAL
SEC. 5121. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN
INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5,
United States Code, is amended by inserting after section
3349d the following:
``Sec. 3349e. Presidential explanation of failure to nominate
an inspector general
``If the President fails to make a formal nomination for a
vacant inspector general position that requires a formal
nomination by the President to be filled within the period
beginning on the later of the date on which the vacancy
occurred or on which a nomination is rejected, withdrawn, or
returned, and ending on the day that is 210 days after that
date, the President shall communicate, within 30 days after
the end of such period and not later than June 1 of each year
thereafter, to the appropriate congressional committees, as
defined in section 12 of the Inspector General Act of 1978 (5
U.S.C. App.)--
``(1) the reasons why the President has not yet made a
formal nomination; and
``(2) a target date for making a formal nomination.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after the item relating
to section 3349d the following:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect--
(1) on the date of enactment of this Act with respect to
any vacancy first occurring on or after that date; and
(2) on the day that is 210 days after the date of enactment
of this Act with respect to any vacancy that occurred before
the date of enactment of this Act.
TITLE LIII--INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY TRANSPARENCY
SEC. 5131. SHORT TITLE.
This title may be cited as the ``Integrity Committee
Transparency Act of 2021''.
SEC. 5132. 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. 5133. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN
ALLEGATIONS OF WRONGDOING CLOSED WITHOUT
REFERRAL.
Section 11(d)(5)(B) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(iii) Availability of information to congress on certain
allegations of wrongdoing closed without referral.--
``(I) In general.--With respect to an allegation of
wrongdoing made by a member of Congress that is closed by the
Integrity Committee without referral to the Chairperson of
the Integrity Committee to initiate an investigation, the
Chairperson of the Integrity Committee shall, not later than
60 days after closing the allegation of wrongdoing, provide a
written description of the nature of the allegation of
wrongdoing and how the Integrity Committee evaluated the
allegation of wrongdoing to--
``(aa) the Chair and Ranking Minority Member of the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
``(bb) the Chair and Ranking Minority Member of the
Committee on Oversight and Reform of the House of
Representatives.
``(II) Requirement to forward.--The Chairperson of the
Integrity Committee shall forward any written description or
update provided under this clause to the members of the
Integrity Committee and to the Chairperson of the Council.''.
SEC. 5134. SEMIANNUAL REPORT.
Section 11(d)(9) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended to read as follows:
``(9) Semiannual report.--On or before May 31, 2022, and
every 6 months thereafter, the Council shall submit to
Congress and the President a report on the activities of the
Integrity Committee during the immediately preceding 6-month
periods ending March 31 and September 30, which shall include
the following with respect to allegations of wrongdoing that
are made against Inspectors
[[Page S8384]]
General and staff members of the various Offices of Inspector
General described in paragraph (4)(C):
``(A) An overview and analysis of the allegations of
wrongdoing disposed of by the Integrity Committee,
including--
``(i) analysis of the positions held by individuals against
whom allegations were made, including the duties affiliated
with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the allegations.
``(B) The number of allegations received by the Integrity
Committee.
``(C) The number of allegations referred to the Department
of Justice or the Office of Special Counsel, including the
number of allegations referred for criminal investigation.
``(D) The number of allegations referred to the Chairperson
of the Integrity Committee for investigation, a general
description of the status of such investigations, and a
summary of the findings of investigations completed.
``(E) An overview and analysis of allegations of wrongdoing
received by the Integrity Committee during any previous
reporting period, but remained pending during some part of
the six months covered by the report, including--
``(i) analysis of the positions held by individuals against
whom allegations were made, including the duties affiliated
with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the allegations.
``(F) The number and category or type of pending
investigations.
``(G) For each allegation received--
``(i) the date on which the investigation was opened;
``(ii) the date on which the allegation was disposed of, as
applicable; and
``(iii) the case number associated with the allegation.
``(H) The nature and number of allegations to the Integrity
Committee closed without referral, including the
justification for why each allegation was closed without
referral.
``(I) A brief description of any difficulty encountered by
the Integrity Committee when receiving, evaluating,
investigating, or referring for investigation an allegation
received by the Integrity Committee, including a brief
description of--
``(i) any attempt to prevent or hinder an investigation; or
``(ii) concerns about the integrity or operations at an
Office of Inspector General.
``(J) Other matters that the Council considers
appropriate.''.
SEC. 5135. ADDITIONAL REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Additional Reports.--
``(1) Report to inspector general.--The Chairperson of the
Integrity Committee of the Council of the Inspectors General
on Integrity and Efficiency shall, immediately whenever the
Chairperson of the Integrity Committee becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration of programs and
operations of an Office of Inspector General for which the
Integrity Committee may receive, review, and refer for
investigation allegations of wrongdoing under section 11(d),
submit a report to the Inspector General who leads the Office
at which the serious or flagrant problems, abuses, or
deficiencies were alleged.
``(2) Report to president, congress, and the
establishment.--Not later than 7 days after the date on which
an Inspector General receives a report submitted under
paragraph (1), the Inspector General shall submit to the
President, the appropriate congressional committees, and the
head of the establishment--
``(A) the report received under paragraph (1); and
``(B) a report by the Inspector General containing any
comments the Inspector General determines appropriate.''.
SEC. 5136. REQUIREMENT TO REPORT FINAL DISPOSITION TO
CONGRESS.
Section 11(d)(8)(B) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ``and the appropriate
congressional committees'' after ``Integrity Committee''.
SEC. 5137. INVESTIGATIONS OF OFFICES OF INSPECTORS GENERAL OF
ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.
Section 11(d)(7)(B)(i)(V) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting ``, and that an
investigation of an Office of Inspector General of an
establishment is conducted by another Office of Inspector
General of an establishment'' after ``size''.
TITLE LIV--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL
SEC. 5141. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A
CHANGE IN STATUS OF INSPECTOR GENERAL.
Section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by inserting after subsection (e), as added
by section 5135 of this division, the following:
``(f) Not later than 15 days after an Inspector General is
removed, placed on paid or unpaid non-duty status, or
transferred to another position or location within an
establishment, the officer or employee performing the
functions and duties of the Inspector General temporarily in
an acting capacity shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of
Representatives information regarding work being conducted by
the Office as of the date on which the Inspector General was
removed, placed on paid or unpaid non-duty status, or
transferred, which shall include--
``(1) for each investigation--
``(A) the type of alleged offense;
``(B) the fiscal quarter in which the Office initiated the
investigation;
``(C) the relevant Federal agency, including the relevant
component of that Federal agency for any Federal agency
listed in section 901(b) of title 31, United States Code,
under investigation or affiliated with the individual or
entity under investigation; and
``(D) whether the investigation is administrative, civil,
criminal, or a combination thereof, if known; and
``(2) for any work not described in paragraph (1)--
``(A) a description of the subject matter and scope;
``(B) the relevant agency, including the relevant component
of that Federal agency, under review;
``(C) the date on which the Office initiated the work; and
``(D) the expected time frame for completion.''.
TITLE LV--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY
REPORT ON EXPENDITURES
SEC. 5151. CIGIE REPORT ON EXPENDITURES.
Section 11(c)(3) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(D) Report on expenditures.--Not later than November 30
of each year, the Chairperson shall submit to the appropriate
committees or subcommittees of Congress, including the
Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives, a report
on the expenditures of the Council for the preceding fiscal
year, including from direct appropriations to the Council,
interagency funding pursuant to subparagraph (A), a revolving
fund pursuant to subparagraph (B), or any other source.''.
TITLE LVI--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS
SEC. 5161. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR
ASSISTANCE TO INSPECTORS GENERAL.
Section 6(c) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(3) If the information or assistance that is the subject
of a report under paragraph (2) is not provided to the
Inspector General by the date that is 30 days after the
report is made, the Inspector General shall submit a notice
that the information or assistance requested has not been
provided by the head of the establishment involved or the
head of the Federal agency involved, as applicable, to the
appropriate congressional committees.''.
TITLE LVII--TRAINING RESOURCES FOR INSPECTORS GENERAL AND OTHER MATTERS
SEC. 5171. TRAINING RESOURCES FOR INSPECTORS GENERAL.
Section 11(c)(1) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) support the professional development of Inspectors
General, including by providing training opportunities on the
duties, responsibilities, and authorities under this Act and
on topics relevant to Inspectors General and the work of
Inspectors General, as identified by Inspectors General and
the Council.''.
SEC. 5172. DEFINITION OF APPROPRIATE CONGRESSIONAL
COMMITTEES.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 5--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees or
subcommittees of Congress'' and inserting ``congressional
committees'';
(2) in section 6(h)(4)--
(A) in subparagraph (B), by striking ``Government''; and
(B) by amending subparagraph (C) to read as follows:
``(C) Any other relevant congressional committee or
subcommittee of jurisdiction.'';
(3) in section 8--
(A) in subsection (b)--
(i) in paragraph (3), by striking ``the Committees on Armed
Services and Governmental Affairs of the Senate and the
Committee on Armed Services and the Committee on Government
Reform and Oversight of the House of Representatives and to
other appropriate committees or subcommittees of
[[Page S8385]]
the Congress'' and inserting ``the appropriate congressional
committees, including the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives''; and
(ii) in paragraph (4), by striking ``and to other
appropriate committees or subcommittees''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``the Committees on Armed
Services and on Homeland Security and Governmental Affairs of
the Senate and the Committees on Armed Services and on
Oversight and Government Reform of the House of
Representatives and to other appropriate committees or
subcommittees of Congress'' and inserting ``the appropriate
congressional committees, including the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives''; and
(ii) in paragraph (2), by striking ``committees or
subcommittees of the Congress'' and inserting ``congressional
committees'';
(4) in section 8D--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Finance of the Senate and the
Committees on Government Operations and Ways and Means of the
House of Representatives, and to other appropriate committees
or subcommittees of the Congress'' and inserting
``appropriate congressional committees, including the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives''; and
(B) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(II) by striking ``Committees on Governmental Affairs and
Finance of the Senate and the Committees on Government Reform
and Oversight and Ways and Means of the House of
Representatives'' and inserting ``Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives''; and
(ii) in paragraph (2), by striking ``committees or
subcommittees of Congress'' and inserting ``congressional
committees'';
(5) in section 8E--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Judiciary of the Senate and the
Committees on Government Operations and Judiciary of the
House of Representatives, and to other appropriate committees
or subcommittees of the Congress'' and inserting
``appropriate congressional committees, including the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives''; and
(B) in subsection (c)--
(i) by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees''; and
(ii) by striking ``Committees on the Judiciary and
Governmental Affairs of the Senate and the Committees on the
Judiciary and Government Operations of the House of
Representatives'' and inserting ``Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives'';
(6) in section 8G--
(A) in subsection (d)(2)(E), in the matter preceding clause
(i), by inserting ``the appropriate congressional committees,
including'' after ``are''; and
(B) in subsection (f)(3)--
(i) in subparagraph (A)(iii), by striking ``Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives, and to other appropriate committees or
subcommittees of the Congress'' and inserting ``the
appropriate congressional committees''; and
(ii) by striking subparagraph (C);
(7) in section 8I--
(A) in subsection (a)(3), in the matter preceding
subparagraph (A), by striking ``committees and subcommittees
of Congress'' and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees and
subcommittees of Congress'' each place it appears and
inserting ``congressional committees'';
(8) in section 8N(b), by striking ``committees of
Congress'' and inserting ``congressional committees'';
(9) in section 11--
(A) in subsection (b)(3)(B)(viii)--
(i) by striking subclauses (III) and (IV);
(ii) in subclause (I), by adding ``and'' at the end; and
(iii) by amending subclause (II) to read as follows:
``(II) the appropriate congressional committees.''; and
(B) in subsection (d)(8)(A)(iii), by striking ``to the''
and all that follows through ``jurisdiction'' and inserting
``to the appropriate congressional committees''; and
(10) in section 12--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Oversight and Reform of the House of
Representatives; and
``(C) any other relevant congressional committee or
subcommittee of jurisdiction.''.
SEC. 5173. SEMIANNUAL REPORTS.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 4(a)(2)--
(A) by inserting ``, including'' after ``to make
recommendations''; and
(B) by inserting a comma after ``section 5(a)'';
(2) in section 5--
(A) in subsection (a)--
(i) by striking paragraphs (1) through (12) and inserting
the following:
``(1) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the establishment and associated reports and
recommendations for corrective action made by the Office;
``(2) an identification of each recommendation made before
the reporting period, for which corrective action has not
been completed, including the potential costs savings
associated with the recommendation;
``(3) a summary of significant investigations closed during
the reporting period;
``(4) an identification of the total number of convictions
during the reporting period resulting from investigations;
``(5) information regarding each audit, inspection, or
evaluation report issued during the reporting period,
including--
``(A) a listing of each audit, inspection, or evaluation;
``(B) if applicable, the total dollar value of questioned
costs (including a separate category for the dollar value of
unsupported costs) and the dollar value of recommendations
that funds be put to better use, including whether a
management decision had been made by the end of the reporting
period;
``(6) information regarding any management decision made
during the reporting period with respect to any audit,
inspection, or evaluation issued during a previous reporting
period;'';
(ii) by redesignating paragraphs (13) through (22) as
paragraphs (7) through (16), respectively;
(iii) by amending paragraph (13), as so redesignated, to
read as follows:
``(13) a report on each investigation conducted by the
Office where allegations of misconduct were substantiated,
including the name of the senior Government employee, if
already made public by the Office, and a detailed description
of--
``(A) the facts and circumstances of the investigation; and
``(B) the status and disposition of the matter, including--
``(i) if the matter was referred to the Department of
Justice, the date of the referral; and
``(ii) if the Department of Justice declined the referral,
the date of the declination;''; and
(iv) in paragraph (15), as so redesignated, by striking
subparagraphs (A) and (B) and inserting the following:
``(A) any attempt by the establishment to interfere with
the independence of the Office, including--
``(i) with budget constraints designed to limit the
capabilities of the Office; and
``(ii) incidents where the establishment has resisted or
objected to oversight activities of the Office or restricted
or significantly delayed access to information, including the
justification of the establishment for such action; and
``(B) a summary of each report made to the head of the
establishment under section 6(c)(2) during the reporting
period;''; and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3) and inserting the
following:
``(2) where final action on audit, inspection, and
evaluation reports had not been taken before the commencement
of the reporting period, statistical tables showing--
``(A) with respect to management decisions--
``(i) for each report, whether a management decision was
made during the reporting period;
``(ii) if a management decision was made during the
reporting period, the dollar value of disallowed costs and
funds to be put to better use as agreed to in the management
decision; and
``(iii) total number of reports where a management decision
was made during the reporting period and the total
corresponding dollar value of disallowed costs and funds to
be put to better use as agreed to in the management decision;
and
``(B) with respect to final actions--
``(i) whether, if a management decision was made before the
end of the reporting period, final action was taken during
the reporting period;
``(ii) if final action was taken, the dollar value of--
``(I) disallowed costs that were recovered by management
through collection, offset, property in lieu of cash, or
otherwise;
``(II) disallowed costs that were written off by
management;
``(III) disallowed costs and funds to be put to better use
not yet recovered or written off by management;
``(IV) recommendations that were completed; and
``(V) recommendations that management has subsequently
concluded should not or could not be implemented or
completed; and
``(iii) total number of reports where final action was not
taken and total number of reports where final action was
taken, including the total corresponding dollar value of
disallowed costs and funds to be put to better use as agreed
to in the management decisions;'';
[[Page S8386]]
(ii) by redesignating paragraph (4) as paragraph (3);
(iii) in paragraph (3), as so redesignated, by striking
``subsection (a)(20)(A)'' and inserting ``subsection
(a)(14)(A)''; and
(iv) by striking paragraph (5) and inserting the following:
``(4) a statement explaining why final action has not been
taken with respect to each audit, inspection, and evaluation
report in which a management decision has been made but final
action has not yet been taken, except that such statement--
``(A) may exclude reports if--
``(i) a management decision was made within the preceding
year; or
``(ii) the report is under formal administrative or
judicial appeal or management of the establishment has agreed
to pursue a legislative solution; and
``(B) shall identify the number of reports in each category
so excluded.'';
(C) by redesignating subsection (h), as so redesignated by
section 5135 of this division, as subsection (i); and
(D) by inserting after subsection (g), as so redesignated
by section 5135 of this division, the following:
``(h) If an Office has published any portion of the report
or information required under subsection (a) to the website
of the Office or on oversight.gov, the Office may elect to
provide links to the relevant webpage or website in the
report of the Office under subsection (a) in lieu of
including the information in that report.''.
SEC. 5174. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY
NON-GOVERNMENTAL ORGANIZATIONS OR BUSINESS
ENTITIES.
(a) In General.--Section 5(g) of the Inspector General Act
of 1978 (5 U.S.C. App.), as so redesignated by section 5135
of this division, is amended by adding at the end the
following:
``(6)(A) Except as provided in subparagraph (B), if an
audit, evaluation, inspection, or other non-investigative
report prepared by an Inspector General specifically
identifies a specific non-governmental organization or
business entity, whether or not the non-governmental
organization or business entity is the subject of that audit,
evaluation, inspection, or non-investigative report--
``(i) the Inspector General shall notify the non-
governmental organization or business entity;
``(ii) the non-governmental organization or business entity
shall have--
``(I) 30 days to review the audit, evaluation, inspection,
or non-investigative report beginning on the date of
publication of the audit, evaluation, inspection, or non-
investigative report; and
``(II) the opportunity to submit a written response for the
purpose of clarifying or providing additional context as it
directly relates to each instance wherein an audit,
evaluation, inspection, or non-investigative report
specifically identifies that non-governmental organization or
business entity; and
``(iii) if a written response is submitted under clause
(ii)(II) within the 30-day period described in clause
(ii)(I)--
``(I) the written response shall be attached to the audit,
evaluation, inspection, or non-investigative report; and
``(II) in every instance where the report may appear on the
public-facing website of the Inspector General, the website
shall be updated in order to access a version of the audit,
evaluation, inspection, or non-investigative report that
includes the written response.
``(B) Subparagraph (A) shall not apply with respect to a
non-governmental organization or business entity that refused
to provide information or assistance sought by an Inspector
General during the creation of the audit, evaluation,
inspection, or non-investigative report.
``(C) An Inspector General shall review any written
response received under subparagraph (A) for the purpose of
preventing the improper disclosure of classified information
or other non-public information, consistent with applicable
laws, rules, and regulations, and, if necessary, redact such
information.''.
(b) Retroactive Applicability.--During the 30-day period
beginning on the date of enactment of this Act--
(1) the amendment made by subsection (a) shall apply upon
the request of a non-governmental organization or business
entity named in an audit, evaluation, inspection, or other
non-investigative report prepared on or after January 1,
2019; and
(2) any written response submitted under clause (iii) of
section 5(g)(6)(A) of the Inspector General Act of 1978 (5
U.S.C. App.), as added by subsection (a), with respect to
such an audit, evaluation, inspection, or other non-
investigative report shall attach to the original report in
the manner described in that clause.
______