[House Report 115-510]
[From the U.S. Government Publishing Office]


115th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                            { 115-510

======================================================================

 
             WHISTLEBLOWER PROTECTION EXTENSION ACT OF 2017

                                _______
                                

January 11, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Gowdy, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4043]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 4043) to amend the Inspector 
General Act of 1978 to reauthorize the whistleblower protection 
program, and for other purposes, having considered the same, 
report favorably thereon with amendments and recommend that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Summary and Purpose of the Legislation...........................     2
Background and Need for Legislation..............................     2
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     2
Statement of General Performance Goals and Objectives............     3
Legislative History..............................................     3
Committee Consideration..........................................     3
Roll Call Votes..................................................     3
Explanation of Amendments........................................     3
Application of Law to the Legislative Branch.....................     3
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Federal Advisory Committee Act...................................     4
Unfunded Mandates Statement......................................     4
Earmark Identification...........................................     4
Committee Estimate...............................................     4
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     4
Section-by-Section...............................................     6
Changes in Existing Law Made by the Bill, as Reported............     6

    The amendments (stated in terms of the page and line 
numbers of the introduced bill) are as follows:
  Page 2, line 25, strike the period and insert a semicolon.

  Page 5, strike lines 22 through 24 and insert the following:

  (d) Repeal of Sunset.--
          (1) In general.--Subsection (c) of section 117 of the 
        Whistleblower Protection Enhancement Act of 2012 
        (Public Law 112-199; 126 Stat. 1475) is repealed.
          (2) Retroactive effective date.--The amendment made 
        by paragraph (1) shall take effect on November 26, 
        2017.

                   Summary and Purpose of Legislation

    The Whistleblower Protection Extension Act of 2017 amends 
the Whistleblower Protection Enhancement Act of 2012\1\ by 
eliminating the sunset provision therein and amends the 
functions and name of the whistleblower ombudsman in the 
Inspector General Act of 1978.\2\
---------------------------------------------------------------------------
    \1\Pub. L. No. 112-199, 126 Stat. 1465 (5 U.S.C. 101 note).
    \2\Pub. L. No. 95-452, 92 Stat. 101 (5 U.S.C. app.).
---------------------------------------------------------------------------

                  Background and Need for Legislation

    H.R. 4043 makes permanent a successful pilot program to 
educate federal employees regarding their rights related to 
blowing the whistle on government waste, fraud, and abuse. 
Whistleblowers are the front line of defense against waste, 
fraud, and abuse in the federal government. However, too many 
federal employees remain unaware of the legal framework that 
Congress put in place to protect whistleblowers. To improve 
federal employees' awareness of their rights, Congress created 
the whistleblower ombudsman program in 2012.\3\ Under the 
program, agency inspectors general select an individual to 
serve as the agency's chief educator on whistleblower 
protections. The ombudsman--renamed the ``Whistleblower 
Protection Coordinator'' in the bill--is a central educational 
resource for agency employees who blow the whistle.
---------------------------------------------------------------------------
    \3\Whistleblower Protection Enhancement Act of 2012, Pub. L. No. 
112-199.
---------------------------------------------------------------------------
    The whistleblower ombudsman program was one component of 
the Whistleblower Protection Enhancement Act of 2012.\4\ Since 
that time, the inspector general community has pointed to the 
effectiveness of the program.\5\ Agency employees have been 
empowered to report waste, fraud, and abuse pursuant to the 
protections for whistleblowers.\6\ Those whistleblower reports 
position Congress, inspectors general, and agency managers to 
make the federal government more efficient and effective.
---------------------------------------------------------------------------
    \4\Id.
    \5\Letter from Michael E. Horowitz, Chair, and Kathy A. Buller, 
Chair of Legislation Comm., Council of the Inspectors General on 
Integrity and Efficiency, to Jason Chaffetz, Chairman, H. Comm. on 
Oversight & Gov't Reform, and Ron Johnson, Chairman, S. Comm. on 
Homeland Security & Governmental Affairs (Feb. 24, 2017).
    \6\Id.
---------------------------------------------------------------------------

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is to amend the Inspector 
General Act of 1978 to reauthorize the whistleblower protection 
program, and for other purposes.

                          Legislative History

    On October 12, 2017, Representative Rod Blum (R-IA) 
introduced H.R. 4043, the Whistleblower Protection Extension 
Act of 2017, with the Ranking Minority Member of the Committee, 
Representative Elijah Cummings (D-MD). H.R. 4043 was referred 
to the Committee on Oversight and Government Reform. The 
Committee considered H.R. 4043 at a business meeting on 
November 2, 2017 and ordered the bill favorably reported, as 
amended, by voice vote.
    Senator Charles Grassley (R-OH) introduced S. 1869, the 
Senate companion to H.R. 4043, on September 27, 2017, with 
Senator Ron Johnson (R-WI), Senator Ron Wyden (D-OR), and 
Senator Claire McCaskill (D-MO). The Senate Committee on 
Homeland Security and Governmental Affairs considered S. 1869 
at a business meeting on October 4, 2017 and ordered the bill 
reported favorably by voice vote.

                        Committee Consideration

    On November 2, 2017, the Committee met in open session and, 
with a quorum being present, ordered the bill favorably 
reported, as amended, by voice vote.

                            Roll Call Votes

    There were no roll call votes requested or conducted during 
Committee consideration of H.R. 4043.

                       Explanation of Amendments

    During Committee consideration of the bill, Representative 
Rod Blum (R-IA) offered an amendment to allow the whistleblower 
ombudsman program to be extended if the current sunset 
provision is triggered on November 27, 2017. The amendment 
provides for a retroactive effective date, meaning even after 
the sunset provision triggers, the current bill can revive the 
program. The Blum amendment was adopted by voice vote.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill amends the Inspector General Act of 1978 to 
reauthorize the whistleblower protection program, and for other 
purposes. As such, this bill does not relate to employment or 
access to public services and accommodations.

                    Duplication of Federal Programs

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    This bill does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of Section 5(b) of the appendix to title 5, 
United States Code.

                      Unfunded Mandates Statement

    Pursuant to section 423 of the Congressional Budget and 
Impoundment Control Act (Pub. L. 113-67) the Committee has 
included a letter received from the Congressional Budget Office 
below.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           Committee Estimate

    Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of 
the House of Representatives, the Committee includes below a 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the House of 
Representatives, the cost estimate prepared by the 
Congressional Budget Office and submitted pursuant to section 
402 of the Congressional Budget Act of 1974 is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 6, 2017.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4043, the 
Whistleblower Protection Extension Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 4043--Whistleblower Protection Extension Act of 2017

    H.R. 4043 would permanently extend the authority of all 
Inspector General (IG) offices to hire whistleblower protection 
ombudsmen. The specific authority to hire such employees has 
expired. Each of the 72 IG offices of the federal government 
currently have such an ombudsman. The bill also would create 
additional responsibilities for the ombudsmen and require 
additional reporting by IGs, agencies, and the Council of the 
Inspectors General on Integrity and Efficiency (CIGIE).
    Information from CIGIE and some IGs indicates that most of 
the additional responsibilities and reporting requirements in 
the bill would not impose a significant administrative burden. 
In addition, CBO expects that much of the work of the ombudsmen 
(whose job title would change to whistleblower protection 
coordinator under the bill) would be continued under current 
law. Therefore, CBO estimates that implementing H.R. 4043 would 
cost less than $500,000 annually; such spending would be 
subject to the availability of appropriated funds.
    Enacting H.R. 4043 could affect direct spending by agencies 
that are not funded through annual appropriations; therefore, 
pay-as-you-go procedures apply. CBO estimates, however, that 
any net increase in spending by those agencies would be 
negligible. Enacting the bill would not affect revenues.
    CBO estimates that enacting H.R. 4043 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 4043 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On December 5, 2017, CBO transmitted a cost estimate for S. 
1869, the Whistleblower Protection Coordination Act, as ordered 
reported by the Senate Committee on Homeland Security and 
Governmental Affairs on October 4, 2017. The two bills are 
similar and CBO's estimates of the budgetary effects are the 
same.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                           Section-by-Section


Section 1. Short title

    The short title of the bill is the ``Whistleblower 
Protection Extension Act of 2017.''

Sec. 2. Purpose

    Section 2 amends the existing whistleblower ombudsman 
provision in the section 3(d) of the Inspector General Act of 
1978, by renaming the ``Whistleblower Protection Ombudsman'' 
the ``Whistleblower Protection Coordinator'' and expanding the 
coordinator's responsibilities to provide agency employees with 
information on relief for whistleblower retaliation. In 
addition, the coordinator will assist the agency inspector 
general in promoting timely and appropriate handling of 
retaliation cases, and facilitate discussions between the 
Counsel of the Inspectors General on Integrity and Efficiency 
(CIGIE), the agency, Congress, and any other relevant entity 
regarding timely and efficient handling of retaliation cases.
    Section 2 also requires CIGIE to develop best practices for 
coordination and communication in promoting the timely and 
appropriate handling of protected disclosures and allegations 
of whistleblower retaliation. In addition, this section expands 
an existing inspector general report to include any adverse 
personnel actions or other consequences imposed on officials 
found to have engaged in whistleblower retaliation. Inspectors 
General would also be required to report whether the agency 
entered into a settlement agreement with the official that was 
found to have engaged in retaliation. The intent of this 
provision is to ensure Congress has information on whether a 
settlement exists, not to require the publication of personal 
or other identifying information or to require the disclosure 
of the contents of a settlement that is protected by a 
confidentiality agreement.
    Finally, section 2 repeals the sunset provision of the 
Whistleblower Protection Enhancement Act of 2012, making the 
whistleblower protection coordinator program permanent.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     INSPECTOR GENERAL ACT OF 1978




           *       *       *       *       *       *       *
                  appointment and removal of officers

  Sec. 3. (a) There shall be at the head of each Office an 
Inspector General who shall be appointed by the President, by 
and with the advice and consent of the Senate, without regard 
to political affiliation and solely on the basis of integrity 
and demonstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public administration, or 
investigations. Each Inspector General shall report to and be 
under the general supervision of the head of the establishment 
involved or, to the extent such authority is delegated, the 
officer next in rank below such head, but shall not report to, 
or be subject to supervision by, any other officer of such 
establishment. Neither the head of the establishment nor the 
officer next in rank below such head shall prevent or prohibit 
the Inspector General from initiating, carrying out, or 
completing any audit or investigation, or from issuing any 
subpoena during the course of any audit or investigation.
  (b) An Inspector General may be removed from office by the 
President. If an Inspector General is removed from office or is 
transferred to another position or location within an 
establishment, the President shall communicate in writing the 
reasons for any such removal or transfer to both Houses of 
Congress, not later than 30 days before the removal or 
transfer. Nothing in this subsection shall prohibit a personnel 
action otherwise authorized by law, other than transfer or 
removal.
  (c) For the purposes of section 7324 of title 5, United 
States Code, no Inspector General shall be considered to be an 
employee who determines policies to be pursued by the United 
States in the nationwide administration of Federal laws.
  (d)(1) Each Inspector General shall, in accordance with 
applicable laws and regulations governing the civil service--
          (A) appoint an Assistant Inspector General for 
        Auditing who shall have the responsibility for 
        supervising the performance of auditing activities 
        relating to programs and operations of the 
        establishment;
          (B) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such programs and operations; and
          (C) designate a Whistleblower Protection [Ombudsman 
        who shall educate agency employees--] Coordinator who 
        shall--
                  (i) educate agency employees-- 
                          [(i)] (I) about prohibitions [on 
                        retaliation] against retaliation for 
                        protected disclosures; and
                          [(ii)] (II) who have made or are 
                        contemplating making a protected 
                        disclosure about the rights and 
                        remedies against retaliation for 
                        protected disclosures[.], including--
                                  (aa) the means by which 
                                employees may seek review of 
                                any allegation of reprisal, 
                                including the roles of the 
                                Office of the Inspector 
                                General, the Office of Special 
                                Counsel, the Merit Systems 
                                Protection Board, and any other 
                                relevant entities; and
                                  (bb) general information 
                                about the timeliness of such 
                                cases, the availability of any 
                                alternative dispute mechanisms, 
                                and avenues for potential 
                                relief;
                  (ii) assist the Inspector General in 
                promoting the timely and appropriate handling 
                and consideration of protected disclosures and 
                allegations of reprisal, to the extent 
                practicable, by the Inspector General; and
                  (iii) assist the Inspector General in 
                facilitating communication and coordination 
                with the Special Counsel, the Council of the 
                Inspectors General on Integrity and Efficiency, 
                the agency, Congress, and any other relevant 
                entity regarding the timely and appropriate 
                handling and consideration of protected 
                disclosures, allegations of reprisal, and 
                general matters regarding the implementation 
                and administration of whistleblower protection 
                laws, rules, and regulations.
  (2) The Whistleblower Protection [Ombudsman] Coordinator 
shall not act as a legal representative, agent, or advocate of 
the employee or former employee.
  (3) The Whistleblower Protection Coordinator shall have 
direct access to the Inspector General as needed to accomplish 
the requirements of this subsection.
  [(3)] (4) For the purposes of this section, the requirement 
of the designation of a Whistleblower Protection Ombudsman 
under paragraph (1)(C) shall not apply to--
          (A) any agency that is an element of the intelligence 
        community (as defined in section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 401a(4))); or
          (B) as determined by the President, any executive 
        agency or unit thereof the principal function of which 
        is the conduct of foreign intelligence or counter 
        intelligence activities.
  (e) The annual rate of basic pay for an Inspector General (as 
defined under section 12(3)) shall be the rate payable for 
level III of the Executive Schedule under section 5314 of title 
5, United States Code, plus 3 percent.
  (f) An Inspector General (as defined under section 8G(a)(6) 
or 12(3)) may not receive any cash award or cash bonus, 
including any cash award under chapter 45 of title 5, United 
States Code.
  (g) Each Inspector General shall, in accordance with 
applicable laws and regulations governing the civil service, 
obtain legal advice from a counsel either reporting directly to 
the Inspector General or another Inspector General.

           *       *       *       *       *       *       *


                                reports

  Sec. 5. (a) Each Inspector General shall, not later than 
April 30 and October 31 of each year, prepare semiannual 
reports summarizing the activities of the Office during the 
immediately preceding six-month periods ending March 31 and 
September 30. Such reports shall include, but need not be 
limited to--
          (1) a description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        programs and operations of such establishment disclosed 
        by such activities during the reporting period;
          (2) a description of the recommendations for 
        corrective action made by the Office during the 
        reporting period with respect to significant problems, 
        abuses, or deficiencies identified pursuant to 
        paragraph (1);
          (3) an identification of each significant 
        recommendation described in previous semiannual reports 
        on which corrective action has not been completed;
          (4) a summary of matters referred to prosecutive 
        authorities and the prosecutions and convictions which 
        have resulted;
          (5) a summary of each report made to the head of the 
        establishment under section 6(c)(2) during the 
        reporting period;
          (6) a listing, subdivided according to subject 
        matter, of each audit report, inspection reports, and 
        evaluation reports issued by the Office during the 
        reporting period and for each report, where 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;
          (7) a summary of each particularly significant 
        report;
          (8) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the total dollar value of questioned costs 
        (including a separate category for the dollar value of 
        unsupported costs), for reports--
                  (A) for which no management decision had been 
                made by the commencement of the reporting 
                period;
                  (B) which were issued during the reporting 
                period;
                  (C) for which a management decision was made 
                during the reporting period, including--
                          (i) the dollar value of disallowed 
                        costs; and
                          (ii) the dollar value of costs not 
                        disallowed; and
                  (D) for which no management decision has been 
                made by the end of the reporting period;
          (9) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the dollar value of recommendations that 
        funds be put to better use by management, for reports--
                  (A) for which no management decision had been 
                made by the commencement of the reporting 
                period;
                  (B) which were issued during the reporting 
                period;
                  (C) for which a management decision was made 
                during the reporting period, including--
                          (i) the dollar value of 
                        recommendations that were agreed to by 
                        management; and
                          (ii) the dollar value of 
                        recommendations that were not agreed to 
                        by management; and
                  (D) for which no management decision has been 
                made by the end of the reporting period;
          (10) a summary of each audit report, inspection 
        reports, and evaluation reports issued before the 
        commencement of the reporting period--
                  (A) for which no management decision has been 
                made by the end of the reporting period 
                (including the date and title of each such 
                report), an explanation of the reasons such 
                management decision has not been made, and a 
                statement concerning the desired timetable for 
                achieving a management decision on each such 
                report;
                  (B) for which no establishment comment was 
                returned within 60 days of providing the report 
                to the establishment; and
                  (C) for which there are any outstanding 
                unimplemented recommendations, including the 
                aggregate potential cost savings of those 
                recommendations.
          (11) a description and explanation of the reasons for 
        any significant revised management decision made during 
        the reporting period;
          (12) information concerning any significant 
        management decision with which the Inspector General is 
        in disagreement;
          (13) the information described under section 804(b) 
        of the Federal Financial Management Improvement Act of 
        1996;
          (14)(A) an appendix containing the results of any 
        peer review conducted by another Office of Inspector 
        General during the reporting period; or
          (B) if no peer review was conducted within that 
        reporting period, a statement identifying the date of 
        the last peer review conducted by another Office of 
        Inspector General;
          (15) a list of any outstanding recommendations from 
        any peer review conducted by another Office of 
        Inspector General that have not been fully implemented, 
        including a statement describing the status of the 
        implementation and why implementation is not complete;
          (16) a list of any peer reviews conducted by the 
        Inspector General of another Office of the Inspector 
        General during the reporting period, including a list 
        of any outstanding recommendations made from any 
        previous peer review (including any peer review 
        conducted before the reporting period) that remain 
        outstanding or have not been fully implemented;
          (17) statistical tables showing--
                  (A) the total number of investigative reports 
                issued during the reporting period;
                  (B) the total number of persons referred to 
                the Department of Justice for criminal 
                prosecution during the reporting period;
                  (C) the total number of persons referred to 
                State and local prosecuting authorities for 
                criminal prosecution during the reporting 
                period; and
                  (D) the total number of indictments and 
                criminal informations during the reporting 
                period that resulted from any prior referral to 
                prosecuting authorities;
          (18) a description of the metrics used for developing 
        the data for the statistical tables under paragraph 
        (17);
          (19) a report on each investigation conducted by the 
        Office involving a senior Government employee where 
        allegations of misconduct were substantiated, including 
        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;
          [(20) a detailed description of any instance of 
        whistleblower retaliation, including information about 
        the official found to have engaged in retaliation and 
        what, if any, consequences the establishment imposed to 
        hold that official accountable;]
          (20)(A) a detailed description of any instance of 
        whistleblower retaliation, including information about 
        the official found to have engaged in retaliation; and
          (B) what, if any, consequences the establishment 
        actually imposed to hold the official described in 
        subparagraph (A) accountable;
          (21) a detailed description of any attempt by the 
        establishment to interfere with the independence of the 
        Office, including--
                  (A) with budget constraints designed to limit 
                the capabilities of the Office; and
                  (B) 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
          (22) detailed descriptions of the particular 
        circumstances of each--
                  (A) inspection, evaluation, and audit 
                conducted by the Office that is closed and was 
                not disclosed to the public; and
                  (B) investigation conducted by the Office 
                involving a senior Government employee that is 
                closed and was not disclosed to the public.
  (b) Semiannual reports of each Inspector General shall be 
furnished to the head of the establishment involved not later 
than April 30 and October 31 of each year and shall be 
transmitted by such head to the appropriate committees or 
subcommittees of the Congress within thirty days after receipt 
of the report, together with a report by the head of the 
establishment containing--
          (1) any comments such head determines appropriate;
          (2) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the dollar value of disallowed costs, for 
        reports--
                  (A) for which final action had not been taken 
                by the commencement of the reporting period;
                  (B) on which management decisions were made 
                during the reporting period;
                  (C) for which final action was taken during 
                the reporting period, including--
                          (i) the dollar value of disallowed 
                        costs that were recovered by management 
                        through collection, offset, property in 
                        lieu of cash, or otherwise; and
                          (ii) the dollar value of disallowed 
                        costs that were written off by 
                        management; and
                  (D) for which no final action has been taken 
                by the end of the reporting period;
          (3) statistical tables showing the total number of 
        audit reports, inspection reports, and evaluation 
        reports and the dollar value of recommendations that 
        funds be put to better use by management agreed to in a 
        management decision, for reports--
                  (A) for which final action had not been taken 
                by the commencement of the reporting period;
                  (B) on which management decisions were made 
                during the reporting period;
                  (C) for which final action was taken during 
                the reporting period, including--
                          (i) the dollar value of 
                        recommendations that were actually 
                        completed; and
                          (ii) the dollar value of 
                        recommendations that management has 
                        subsequently concluded should not or 
                        could not be implemented or completed; 
                        and
                  (D) for which no final action has been taken 
                by the end of the reporting period; [and]
          (4) whether the establishment entered into a 
        settlement agreement with the official described in 
        subsection (a)(20)(A), which shall be reported 
        regardless of any confidentiality agreement relating to 
        the settlement agreement; and
          [(4)] (5) a statement with respect to audit reports 
        on which management decisions have been made but final 
        action has not been taken, other than audit reports on 
        which a management decision was made within the 
        preceding year, containing--
                  (A) a list of such audit reports and the date 
                each such report was issued;
                  (B) the dollar value of disallowed costs for 
                each report;
                  (C) the dollar value of recommendations that 
                funds be put to better use agreed to by 
                management for each report; and
                  (D) an explanation of the reasons final 
                action has not been taken with respect to each 
                such audit report,
        except that such statement may exclude such audit 
        reports that are under formal administrative or 
        judicial appeal or upon which management of an 
        establishment has agreed to pursue a legislative 
        solution, but shall identify the number of reports in 
        each category so excluded.
  (c) Within sixty days of the transmission of the semiannual 
reports of each Inspector General to the Congress, the head of 
each establishment shall make copies of such report available 
to the public upon request and at a reasonable cost. Within 60 
days after the transmission of the semiannual reports of each 
establishment head to the Congress, the head of each 
establishment shall make copies of such report available to the 
public upon request and at a reasonable cost.
  (d) Each Inspector General shall report immediately to the 
head of the establishment involved whenever the Inspector 
General becomes aware of particularly serious or flagrant 
problems, abuses, or deficiencies relating to the 
administration of programs and operations of such 
establishment. The head of the establishment shall transmit any 
such report to the appropriate committees or subcommittees of 
Congress within seven calendar days, together with a report by 
the head of the establishment containing any comments such head 
deems appropriate.
  (e)(1) Nothing in this section shall be construed to 
authorize the public disclosure of information which is--
          (A) specifically prohibited from disclosure by any 
        other provision of law;
          (B) specifically 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
          (C) a part of an ongoing criminal investigation.
  (2) Notwithstanding paragraph (1)(C), any report under this 
section may be disclosed to the public in a form which includes 
information with respect to a part of an ongoing criminal 
investigation if such information has been included in a public 
record.
  (3) Except to the extent and in the manner provided under 
section 6103(f) of the Internal Revenue Code of 1986, nothing 
in this section or in any other provision of this Act shall be 
construed to authorize or permit the withholding of information 
from the Congress, or from any committee or subcommittee 
thereof.
  (4) Subject to any other provision of law that would 
otherwise prohibit disclosure of such information, the 
information described in paragraph (1) may be provided to any 
Member of Congress upon request.
  (5) An Office may not provide to Congress or the public any 
information that reveals the personally identifiable 
information of a whistleblower under this section unless the 
Office first obtains the consent of the whistleblower.
  (f) As used in this section--
          (1) the term ``questioned cost'' means a cost that is 
        questioned by the Office because of--
                  (A) an alleged violation of a provision of a 
                law, regulation, contract, grant, cooperative 
                agreement, or other agreement or document 
                governing the expenditure of funds;
                  (B) a finding that, at the time of the audit, 
                such cost is not supported by adequate 
                documentation; or
                  (C) a finding that the expenditure of funds 
                for the intended purpose is unnecessary or 
                unreasonable;
          (2) the term ``unsupported cost'' means a cost that 
        is questioned by the Office because the Office found 
        that, at the time of the audit, such cost is not 
        supported by adequate documentation;
          (3) the term ``disallowed cost'' means a questioned 
        cost that management, in a management decision, has 
        sustained or agreed should not be charged to the 
        Government;
          (4) the term ``recommendation that funds be put to 
        better use'' means a recommendation by the Office that 
        funds could be used more efficiently if management of 
        an establishment took actions to implement and complete 
        the recommendation, including--
                  (A) reductions in outlays;
                  (B) deobligation of funds from programs or 
                operations;
                  (C) withdrawal of interest subsidy costs on 
                loans or loan guarantees, insurance, or bonds;
                  (D) costs not incurred by implementing 
                recommended improvements related to the 
                operations of the establishment, a contractor 
                or grantee;
                  (E) avoidance of unnecessary expenditures 
                noted in preaward reviews of contract or grant 
                agreements; or
                  (F) any other savings which are specifically 
                identified;
          (5) the term ``management decision'' means the 
        evaluation by the management of an establishment of the 
        findings and recommendations included in an audit 
        report and the issuance of a final decision by 
        management concerning its response to such findings and 
        recommendations, including actions concluded to be 
        necessary;
          (6) the term ``final action'' means--
                  (A) the completion of all actions that the 
                management of an establishment has concluded, 
                in its management decision, are necessary with 
                respect to the findings and recommendations 
                included in an audit report; and
                  (B) in the event that the management of an 
                establishment concludes no action is necessary, 
                final action occurs when a management decision 
                has been made; and
          (7) the term ``senior Government employee'' means--
                  (A) an officer or employee in the executive 
                branch (including a special Government employee 
                as defined in section 202 of title 18, United 
                States Code) who occupies a position classified 
                at or above GS-15 of the General Schedule or, 
                in the case of positions not under the General 
                Schedule, for which the rate of basic pay is 
                equal to or greater than 120 percent of the 
                minimum rate of basic pay payable for GS-15 of 
                the General Schedule; and
                  (B) any commissioned officer in the Armed 
                Forces in pay grades O-6 and above.

           *       *       *       *       *       *       *


SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON 
                    INTEGRITY AND EFFICIENCY.

  (a) Establishment and Mission.--
          (1) Establishment.--There is established as an 
        independent entity within the executive branch the 
        Council of the Inspectors General on Integrity and 
        Efficiency (in this section referred to as the 
        ``Council'').
          (2) Mission.--The mission of the Council shall be 
        to--
                  (A) address integrity, economy, and 
                effectiveness issues that transcend individual 
                Government agencies; and
                  (B) increase the professionalism and 
                effectiveness of personnel by developing 
                policies, standards, and approaches to aid in 
                the establishment of a well-trained and highly 
                skilled workforce in the offices of the 
                Inspectors General.
  (b) Membership.--
          (1) In general.--The Council shall consist of the 
        following members:
                  (A) All Inspectors General whose offices are 
                established under--
                          (i) section 2; or
                          (ii) section 8G.
                  (B) The Inspectors General of the 
                Intelligence Community and the Central 
                Intelligence Agency.
                  (C) The Controller of the Office of Federal 
                Financial Management.
                  (D) A senior level official of the Federal 
                Bureau of Investigation designated by the 
                Director of the Federal Bureau of 
                Investigation.
                  (E) The Director of the Office of Government 
                Ethics.
                  (F) The Special Counsel of the Office of 
                Special Counsel.
                  (G) The Deputy Director of the Office of 
                Personnel Management.
                  (H) The Deputy Director for Management of the 
                Office of Management and Budget.
                  (I) The Inspectors General of the Library of 
                Congress, Capitol Police, Government Printing 
                Office, Government Accountability Office, and 
                the Architect of the Capitol.
          (2) Chairperson and executive chairperson.--
                  (A) Executive chairperson.--The Deputy 
                Director for Management of the Office of 
                Management and Budget shall be the Executive 
                Chairperson of the Council.
                  (B) Chairperson.--The Council shall elect 1 
                of the Inspectors General referred to in 
                paragraph (1)(A) or (B) to act as Chairperson 
                of the Council. The term of office of the 
                Chairperson shall be 2 years.
          (3) Functions of chairperson and executive 
        chairperson.--
                  (A) Executive chairperson.--The Executive 
                Chairperson shall--
                          (i) preside over meetings of the 
                        Council;
                          (ii) provide to the heads of agencies 
                        and entities represented on the Council 
                        summary reports of the activities of 
                        the Council; and
                          (iii) provide to the Council such 
                        information relating to the agencies 
                        and entities represented on the Council 
                        as assists the Council in performing 
                        its functions.
                  (B) Chairperson.--The Chairperson shall--
                          (i) convene meetings of the Council--
                                  (I) at least 6 times each 
                                year;
                                  (II) monthly to the extent 
                                possible; and
                                  (III) more frequently at the 
                                discretion of the Chairperson;
                          (ii) carry out the functions and 
                        duties of the Council under subsection 
                        (c);
                          (iii) appoint a Vice Chairperson to 
                        assist in carrying out the functions of 
                        the Council and act in the absence of 
                        the Chairperson, from a category of 
                        Inspectors General described in 
                        subparagraph (A)(i), (A)(ii), or (B) of 
                        paragraph (1), other than the category 
                        from which the Chairperson was elected;
                          (iv) make such payments from funds 
                        otherwise available to the Council as 
                        may be necessary to carry out the 
                        functions of the Council;
                          (v) select, appoint, and employ 
                        personnel as needed to carry out the 
                        functions of the Council subject to the 
                        provisions of title 5, United States 
                        Code, governing appointments in the 
                        competitive service, and the provisions 
                        of chapter 51 and subchapter III of 
                        chapter 53 of such title, relating to 
                        classification and General Schedule pay 
                        rates;
                          (vi) to the extent and in such 
                        amounts as may be provided in advance 
                        by appropriations Acts, made available 
                        from the revolving fund established 
                        under subsection (c)(3)(B), or as 
                        otherwise provided by law, enter into 
                        contracts and other arrangements with 
                        public agencies and private persons to 
                        carry out the functions and duties of 
                        the Council;
                          (vii) establish, in consultation with 
                        the members of the Council, such 
                        committees as determined by the 
                        Chairperson to be necessary and 
                        appropriate for the efficient conduct 
                        of Council functions; and
                          (viii) prepare and transmit an annual 
                        report on behalf of the Council on the 
                        activities of the Council to--
                                  (I) the President;
                                  (II) the appropriate 
                                committees of jurisdiction of 
                                the Senate and the House of 
                                Representatives;
                                  (III) the Committee on 
                                Homeland Security and 
                                Governmental Affairs of the 
                                Senate; and
                                  (IV) the Committee on 
                                Oversight and Government Reform 
                                of the House of 
                                Representatives.
  (c) Functions and Duties of Council.--
          (1) In general.--The Council shall--
                  (A) continually identify, review, and discuss 
                areas of weakness and vulnerability in Federal 
                programs and operations with respect to fraud, 
                waste, and abuse;
                  (B) develop plans for coordinated, 
                Governmentwide activities that address these 
                problems and promote economy and efficiency in 
                Federal programs and operations, including 
                interagency and interentity audit, 
                investigation, inspection, and evaluation 
                programs and projects to deal efficiently and 
                effectively with those problems concerning 
                fraud and waste that exceed the capability or 
                jurisdiction of an individual agency or entity;
                  (C) develop policies that will aid in the 
                maintenance of a corps of well-trained and 
                highly skilled Office of Inspector General 
                personnel;
                  (D) maintain an Internet website and other 
                electronic systems for the benefit of all 
                Inspectors General, as the Council determines 
                are necessary or desirable;
                  (E) maintain 1 or more academies as the 
                Council considers desirable for the 
                professional training of auditors, 
                investigators, inspectors, evaluators, and 
                other personnel of the various offices of 
                Inspector General;
                  (F) submit recommendations of individuals to 
                the appropriate appointing authority for any 
                appointment to an office of Inspector General 
                described under subsection (b)(1)(A) or (B);
                  (G) make such reports to Congress as the 
                Chairperson determines are necessary or 
                appropriate;
                  (H) except for matters coordinated among 
                Inspectors General under section 3033 of title 
                50, United States Code, receive, review, and 
                mediate any disputes submitted in writing to 
                the Council by an Office of Inspector General 
                regarding an audit, investigation, inspection, 
                evaluation, or project that involves the 
                jurisdiction of more than one Office of 
                Inspector General; and
                  (I) perform other duties within the authority 
                and jurisdiction of the Council, as 
                appropriate.
          (2) Adherence and participation by members.--To the 
        extent permitted under law, and to the extent not 
        inconsistent with standards established by the 
        Comptroller General of the United States for audits of 
        Federal establishments, organizations, programs, 
        activities, and functions, each member of the Council, 
        as appropriate, shall--
                  (A) adhere to professional standards 
                developed by the Council; and
                  (B) participate in the plans, programs, and 
                projects of the Council, except that in the 
                case of a member described under subsection 
                (b)(1)(I), the member shall participate only to 
                the extent requested by the member and approved 
                by the Executive Chairperson and Chairperson.
          (3) Additional administrative authorities.--
                  (A) Interagency funding.--Notwithstanding 
                section 1532 of title 31, United States Code, 
                or any other provision of law prohibiting the 
                interagency funding of activities described 
                under subclause (I), (II), or (III) of clause 
                (i), in the performance of the 
                responsibilities, authorities, and duties of 
                the Council--
                          (i) the Executive Chairperson may 
                        authorize the use of interagency 
                        funding for--
                                  (I) Governmentwide training 
                                of employees of the Offices of 
                                the Inspectors General;
                                  (II) the functions of the 
                                Integrity Committee of the 
                                Council; and
                                  (III) any other authorized 
                                purpose determined by the 
                                Council; and
                          (ii) upon the authorization of the 
                        Executive Chairperson, any Federal 
                        agency or designated Federal entity (as 
                        defined in section 8G(a)) which has a 
                        member on the Council shall fund or 
                        participate in the funding of such 
                        activities.
                  (B) Revolving fund.--
                          (i) In general.--The Council may--
                                  (I) establish in the Treasury 
                                of the United States a 
                                revolving fund to be called the 
                                Inspectors General Council 
                                Fund; or
                                  (II) enter into an 
                                arrangement with a department 
                                or agency to use an existing 
                                revolving fund.
                          (ii) Amounts in revolving fund.--
                                  (I) In general.--Amounts 
                                transferred to the Council 
                                under this subsection shall be 
                                deposited in the revolving fund 
                                described under clause (i)(I) 
                                or (II).
                                  (II) Training.--Any remaining 
                                unexpended balances 
                                appropriated for or otherwise 
                                available to the Inspectors 
                                General Criminal Investigator 
                                Academy and the Inspectors 
                                General Auditor Training 
                                Institute shall be transferred 
                                to the revolving fund described 
                                under clause (i)(I) or (II).
                          (iii) Use of revolving fund.--
                                  (I) In general.--Except as 
                                provided under subclause (II), 
                                amounts in the revolving fund 
                                described under clause (i)(I) 
                                or (II) may be used to carry 
                                out the functions and duties of 
                                the Council under this 
                                subsection.
                                  (II) Training.--Amounts 
                                transferred into the revolving 
                                fund described under clause 
                                (i)(I) or (II) may be used for 
                                the purpose of maintaining any 
                                training academy as determined 
                                by the Council.
                          (iv) Availability of funds.--Amounts 
                        in the revolving fund described under 
                        clause (i)(I) or (II) shall remain 
                        available to the Council without fiscal 
                        year limitation.
                  (C) Superseding provisions.--No provision of 
                law enacted after the date of enactment of this 
                subsection shall be construed to limit or 
                supersede any authority under subparagraph (A) 
                or (B), unless such provision makes specific 
                reference to the authority in that paragraph.
          (4) Existing authorities and responsibilities.--The 
        establishment and operation of the Council shall not 
        affect--
                  (A) the role of the Department of Justice in 
                law enforcement and litigation;
                  (B) the authority or responsibilities of any 
                Government agency or entity; and
                  (C) the authority or responsibilities of 
                individual members of the Council.
          (5) Additional responsibilities relating to 
        whistleblower protection.--The Council shall--
                  (A) facilitate the work of the Whistleblower 
                Protection Coordinators designated under 
                section 3(d)(C); and
                  (B) in consultation with the Office of 
                Special Counsel and Whistleblower Protection 
                Coordinators from the member offices of the 
                Inspector General, develop best practices for 
                coordination and communication in promoting the 
                timely and appropriate handling and 
                consideration of protected disclosures, 
                allegations of reprisal, and general matters 
                regarding the implementation and administration 
                of whistleblower protection laws, in accordance 
                with Federal law.
  (d) Integrity Committee.--
          (1) Establishment.--The Council shall have an 
        Integrity Committee, which shall receive, review, and 
        refer for investigation allegations of wrongdoing that 
        are made against Inspectors General and staff members 
        of the various Offices of Inspector General described 
        under paragraph (4)(C).
          (2) Membership.--
                  (A) In general.--The Integrity Committee 
                shall consist of the following members:
                          (i) The official of the Federal 
                        Bureau of Investigation serving on the 
                        Council.
                          (ii) Four Inspectors General 
                        described in subparagraph (A) or (B) of 
                        subsection (b)(1) appointed by the 
                        Chairperson of the Council, 
                        representing both establishments and 
                        designated Federal entities (as that 
                        term is defined in section 8G(a)).
                          (iii) The Director of the Office of 
                        Government Ethics or the designee of 
                        the Director.
                  (B) Chairperson.--
                          (i) In general.--The Integrity 
                        Committee shall elect one of the 
                        Inspectors General referred to in 
                        subparagraph (A)(ii) to act as 
                        Chairperson of the Integrity Committee.
                          (ii) Term.--The term of office of the 
                        Chairperson of the Integrity Committee 
                        shall be 2 years.
          (3) Legal advisor.--The Chief of the Public Integrity 
        Section of the Criminal Division of the Department of 
        Justice, or his designee, shall serve as a legal 
        advisor to the Integrity Committee.
          (4) Referral of allegations.--
                  (A) Requirement.--An Inspector General shall 
                refer to the Integrity Committee any allegation 
                of wrongdoing against a staff member of the 
                office of that Inspector General, if--
                          (i) review of the substance of the 
                        allegation cannot be assigned to an 
                        agency of the executive branch with 
                        appropriate jurisdiction over the 
                        matter; and
                          (ii) the Inspector General determines 
                        that--
                                  (I) an objective internal 
                                investigation of the allegation 
                                is not feasible; or
                                  (II) an internal 
                                investigation of the allegation 
                                may appear not to be objective.
                  (B) Definition.--In this paragraph the term 
                ``staff member'' means any employee of an 
                Office of Inspector General who--
                          (i) reports directly to an Inspector 
                        General; or
                          (ii) is designated by an Inspector 
                        General under subparagraph (C).
                  (C) Designation of staff members.--Each 
                Inspector General shall annually submit to the 
                Chairperson of the Integrity Committee a 
                designation of positions whose holders are 
                staff members for purposes of subparagraph (B).
          (5) Review of allegations.--
                  (A) In general.--Not later than 7 days after 
                the date on which the Integrity Committee 
                receives an allegation of wrongdoing against an 
                Inspector General or against a staff member of 
                an Office of Inspector General described under 
                paragraph (4)(C), the allegation of wrongdoing 
                shall be reviewed and referred to the 
                Department of Justice or the Office of Special 
                Counsel for investigation, or to the Integrity 
                Committee for review, as appropriate, by--
                          (i) a representative of the 
                        Department of Justice, as designated by 
                        the Attorney General;
                          (ii) a representative of the Office 
                        of Special Counsel, as designated by 
                        the Special Counsel; and
                          (iii) a representative of the 
                        Integrity Committee, as designated by 
                        the Chairperson of the Integrity 
                        Committee.
                  (B) Referral to the chairperson.--
                          (i) In general.--Except as provided 
                        in clause (ii), not later than 30 days 
                        after the date on which an allegation 
                        of wrongdoing is referred to the 
                        Integrity Committee under subparagraph 
                        (A), the Integrity Committee shall 
                        determine whether to refer the 
                        allegation of wrongdoing to the 
                        Chairperson of the Integrity Committee 
                        to initiate an investigation.
                          (ii) Extension.--The 30-day period 
                        described in clause (i) may be extended 
                        for an additional period of 30 days if 
                        the Integrity Committee provides 
                        written notice to the congressional 
                        committees described in paragraph 
                        (8)(A)(iii) that includes a detailed, 
                        case-specific description of why the 
                        additional time is needed to evaluate 
                        the allegation of wrongdoing.
          (6) Authority to investigate allegations.--
                  (A) Requirement.--The Chairperson of the 
                Integrity Committee shall cause a thorough and 
                timely investigation of each allegation 
                referred under paragraph (5)(B) to be conducted 
                in accordance with this paragraph.
                  (B) Resources.--At the request of the 
                Chairperson of the Integrity Committee, the 
                head of each agency or entity represented on 
                the Council--
                          (i) shall provide assistance 
                        necessary to the Integrity Committee; 
                        and
                          (ii) may detail employees from that 
                        agency or entity to the Integrity 
                        Committee, subject to the control and 
                        direction of the Chairperson, to 
                        conduct an investigation under this 
                        subsection.
          (7) Procedures for investigations.--
                  (A) Standards applicable.--Investigations 
                initiated under this subsection shall be 
                conducted in accordance with the most current 
                Quality Standards for Investigations issued by 
                the Council or by its predecessors (the 
                President's Council on Integrity and Efficiency 
                and the Executive Council on Integrity and 
                Efficiency).
                  (B) Additional policies and procedures.--
                          (i) Establishment.--The Integrity 
                        Committee, in conjunction with the 
                        Chairperson of the Council, shall 
                        establish additional policies and 
                        procedures necessary to ensure fairness 
                        and consistency in--
                                  (I) determining whether to 
                                initiate an investigation;
                                  (II) conducting 
                                investigations;
                                  (III) reporting the results 
                                of an investigation;
                                  (IV) providing the person who 
                                is the subject of an 
                                investigation with an 
                                opportunity to respond to any 
                                Integrity Committee report;
                                  (V) except as provided in 
                                clause (ii), ensuring, to the 
                                extent possible, that 
                                investigations are conducted by 
                                Offices of Inspector General of 
                                similar size;
                                  (VI) creating a process for 
                                rotation of Inspectors General 
                                assigned to investigate 
                                allegations through the 
                                Integrity Committee; and
                                  (VII) creating procedures to 
                                avoid conflicts of interest for 
                                Integrity Committee 
                                investigations.
                          (ii) Exception.--The requirement 
                        under clause (i)(V) shall not apply to 
                        any Office of Inspector General with 
                        less than 50 employees who are 
                        authorized to conduct audits or 
                        investigations.
                          (iii) Submission to congress.--The 
                        Council shall submit a copy of the 
                        policies and procedures established 
                        under clause (i) to the congressional 
                        committees of jurisdiction.
                  (C) Completion of investigation.--If an 
                allegation of wrongdoing is referred to the 
                Chairperson of the Integrity Committee under 
                paragraph (5)(B), the Chairperson of the 
                Integrity Committee--
                          (i) shall complete the investigation 
                        not later than 150 days after the date 
                        on which the Integrity Committee made 
                        the referral; and
                          (ii) if the investigation cannot be 
                        completed within the 150-day period 
                        described in clause (i), shall--
                                  (I) promptly notify the 
                                congressional committees 
                                described in paragraph 
                                (8)(A)(iii); and
                                  (II) brief the congressional 
                                committees described in 
                                paragraph (8)(A)(iii) every 30 
                                days regarding the status of 
                                the investigation and the 
                                general reasons for delay until 
                                the investigation is complete.
                  (D) Concurrent investigation.--If an 
                allegation of wrongdoing against an Inspector 
                General or a staff member of an Office of 
                Inspector General described under paragraph 
                (4)(C) is referred to the Department of Justice 
                or the Office of Special Counsel under 
                paragraph (5)(A), the Chairperson of the 
                Integrity Committee may conduct any related 
                investigation referred to the Chairperson under 
                paragraph (5)(B) concurrently with the 
                Department of Justice or the Office of Special 
                Counsel, as applicable.
                  (E) Reports.--
                          (i) Integrity committee 
                        investigations.--For each investigation 
                        of an allegation of wrongdoing referred 
                        to the Chairperson of the Integrity 
                        Committee under paragraph (5)(B), the 
                        Chairperson of the Integrity Committee 
                        shall submit to members of the 
                        Integrity Committee and to the 
                        Chairperson of the Council a report 
                        containing the results of the 
                        investigation.
                          (ii) Other investigations.--For each 
                        allegation of wrongdoing referred to 
                        the Department of Justice or the Office 
                        of Special Counsel under paragraph 
                        (5)(A), the Attorney General or the 
                        Special Counsel, as applicable, shall 
                        submit to the Integrity Committee a 
                        report containing the results of the 
                        investigation.
                          (iii) Availability to congress.--
                                  (I) In general.--The 
                                congressional committees 
                                described in paragraph 
                                (8)(A)(iii) shall have access 
                                to any report authored by the 
                                Integrity Committee.
                                  (II) Members of congress.--
                                Subject to any other provision 
                                of law that would otherwise 
                                prohibit disclosure of such 
                                information, the Integrity 
                                Committee may provide any 
                                report authored by the 
                                Integrity Committee to any 
                                Member of Congress.
          (8) Assessment and final disposition.--
                  (A) In general.--With respect to any report 
                received under paragraph (7)(E), the Integrity 
                Committee shall--
                          (i) assess the report;
                          (ii) forward the report, with the 
                        recommendations of the Integrity 
                        Committee, including those on 
                        disciplinary action, within 30 days (to 
                        the maximum extent practicable) after 
                        the completion of the investigation, to 
                        the Executive Chairperson of the 
                        Council and to the President (in the 
                        case of a report relating to an 
                        Inspector General of an establishment 
                        or any employee of that Inspector 
                        General) or the head of a designated 
                        Federal entity (in the case of a report 
                        relating to an Inspector General of 
                        such an entity or any employee of that 
                        Inspector General) for resolution; and
                          (iii) submit the report, with the 
                        recommendations of the Integrity 
                        Committee, to the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate, the Committee on Oversight 
                        and Government Reform of the House of 
                        Representatives, and other 
                        congressional committees of 
                        jurisdiction; and
                          (iv) following the submission of the 
                        report under clause (iii) and upon 
                        request by any Member of Congress, 
                        submit the report, with the 
                        recommendations of the Integrity 
                        Committee, to that Member.
                  (B) Disposition.--The Executive Chairperson 
                of the Council shall report to the Integrity 
                Committee the final disposition of the matter, 
                including what action was taken by the 
                President or agency head.
          (9) Annual report.--The Council shall submit to 
        Congress and the President by December 31 of each year 
        a report on the activities of the Integrity Committee 
        during the preceding fiscal year, which shall include 
        the following:
                  (A) The number of allegations received.
                  (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.
                  (D) The number of allegations closed without 
                referral.
                  (E) The date each allegation was received and 
                the date each allegation was finally disposed 
                of.
                  (F) In the case of allegations referred to 
                the Chairperson of the Integrity Committee, a 
                summary of the status of the investigation of 
                the allegations and, in the case of 
                investigations completed during the preceding 
                fiscal year, a summary of the findings of the 
                investigations.
                  (G) Other matters that the Council considers 
                appropriate.
          (10) Requests for more information.--With respect to 
        paragraphs (8) and (9), the Council shall provide more 
        detailed information about specific allegations upon 
        request from any Member of Congress.
          (11) No right or benefit.--This subsection is not 
        intended to create any right or benefit, substantive or 
        procedural, enforceable at law by a person against the 
        United States, its agencies, its officers, or any 
        person.
          (12) Allegations of wrongdoing against special 
        counsel or deputy special counsel.--
                  (A) Special counsel defined.--In this 
                paragraph, the term ``Special Counsel'' means 
                the Special Counsel appointed under section 
                1211(b) of title 5, United States Code.
                  (B) Authority of integrity committee.--
                          (i) In general.--An allegation of 
                        wrongdoing against the Special Counsel 
                        or the Deputy Special Counsel may be 
                        received, reviewed, and referred for 
                        investigation to the same extent and in 
                        the same manner as in the case of an 
                        allegation against an Inspector General 
                        or against a staff member of an Office 
                        of Inspector General described under 
                        paragraph (4)(C), subject to the 
                        requirement that the representative 
                        designated by the Special Counsel under 
                        paragraph (5)(A)(ii) shall recuse 
                        himself or herself from the 
                        consideration of any allegation brought 
                        under this paragraph.
                          (ii) Coordination with existing 
                        provisions of law.--This paragraph 
                        shall not eliminate access to the Merit 
                        Systems Protection Board for review 
                        under section 7701 of title 5, United 
                        States Code. To the extent that an 
                        allegation brought under this paragraph 
                        involves section 2302(b)(8) of such 
                        title, a failure to obtain corrective 
                        action within 120 days after the date 
                        on which the allegation is received by 
                        the Integrity Committee shall, for 
                        purposes of section 1221 of such title, 
                        be considered to satisfy section 
                        1214(a)(3)(B) of such title.
                  (C) Regulations.--The Integrity Committee may 
                prescribe any rules or regulations necessary to 
                carry out this paragraph, subject to such 
                consultation or other requirements as may 
                otherwise apply.
          (13) Committee records.--The Chairperson of the 
        Council shall maintain the records of the Integrity 
        Committee.

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            WHISTLEBLOWER PROTECTION ENHANCEMENT ACT OF 2012



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 TITLE I--PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL 
EMPLOYEES

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SEC. 117. WHISTLEBLOWER PROTECTION OMBUDSMAN.

  (a) In General.--Section 3 of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by striking subsection (d) and 
inserting the following:
  ``(d)(1) Each Inspector General shall, in accordance with 
applicable laws and regulations governing the civil service--
                  ``(A) appoint an Assistant Inspector General 
                for Auditing who shall have the responsibility 
                for supervising the performance of auditing 
                activities relating to programs and operations 
                of the establishment;
                  ``(B) appoint an Assistant Inspector General 
                for Investigations who shall have the 
                responsibility for supervising the performance 
                of investigative activities relating to such 
                programs and operations; and
                  ``(C) designate a Whistleblower Protection 
                Ombudsman who shall educate agency employees--
                          ``(i) about prohibitions on 
                        retaliation for protected disclosures; 
                        and
                          ``(ii) who have made or are 
                        contemplating making a protected 
                        disclosure about the rights and 
                        remedies against retaliation for 
                        protected disclosures.
          ``(2) The Whistleblower Protection Ombudsman shall 
        not act as a legal representative, agent, or advocate 
        of the employee or former employee.
          ``(3) For the purposes of this section, the 
        requirement of the designation of a Whistleblower 
        Protection Ombudsman under paragraph (1)(C) shall not 
        apply to--
                  ``(A) any agency that is an element of the 
                intelligence community (as defined in section 
                3(4) of the National Security Act of 1947 (50 
                U.S.C. 401a(4))); or
                  ``(B) as determined by the President, any 
                executive agency or unit thereof the principal 
                function of which is the conduct of foreign 
                intelligence or counter intelligence 
                activities.''.
  (b) Technical and Conforming Amendment.--Section 8D(j) of the 
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
          (1) by striking ``section 3(d)(1)'' and inserting 
        ``section 3(d)(1)(A)''; and
          (2) by striking ``section 3(d)(2)'' and inserting 
        ``section 3(d)(1)(B)''.
  [(c) Sunset.--
          [(1) In general.--The amendments made by this section 
        shall cease to have effect on the date that is 5 years 
        after the date of enactment of this Act.
          [(2) Return to prior authority.--Upon the date 
        described in paragraph (1), section 3(d) and section 
        8D(j) of the Inspector General Act of 1978 (5 U.S.C. 
        App.) shall read as such sections read on the day 
        before the date of enactment of this Act.]

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