[Senate Report 117-226]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 585

117th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 117-226

======================================================================
           INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT ACT

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                               H.R. 2662

              TO AMEND THE INSPECTOR GENERAL ACT OF 1978,
                         AND FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                December 5, 2022.--Ordered to be printed
                
                             __________

                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                          WASHINGTON : 2022                     
          
-----------------------------------------------------------------------------------                  
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
         Matthew T. Cornelius, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
              William H.W. McKenna, Minority Chief Counsel
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     
                     
                     
                                                  Calendar No. 585

117th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 117-226

======================================================================
 
          INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT ACT

                                _______
                                

                December 5, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 2662]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 2662) to amend 
the Inspector General Act of 1978, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis of the Bill, as Reported.............4
  V. Evaluation of Regulatory Impact..................................8
 VI. Congressional Budget Office Cost Estimate........................8
VII. Changes in Existing Law Made by the Bill, as Reported...........11

                         I. Purpose and Summary

    H.R. 2662, the Inspector General Independence and 
Empowerment Act of 2021, clarifies the 2008 Inspector General 
Reform Act by requiring the administration to provide a 
``substantive rationale, including detailed and case-specific 
reasons'' prior to removing an inspector general (IG). It also 
limits the use of administrative leave for IGs, including 
during the 30 days following the removal announcement. To 
ensure the independence of the IG community, the bill requires 
acting IGs to be selected from among senior-level employees 
within the watchdog community. To protect the integrity of 
investigations and audits during an IG transition, the bill 
requires regular training to IG employees on their 
whistleblower rights. The legislation also provides federal 
watchdogs the authority to subpoena the testimony of 
contractors and former federal officials, and gives the 
Department of Justice (DOJ) IG the authority to investigate 
misconduct by DOJ attorneys. Finally, the bill includes a 
number of new reporting requirements for IGs, streamlines 
others, and tasks relevant IGs with oversight related to the 
processing of evacuees from Afghanistan.

              II. Background and the Need for Legislation

    The Inspector General Act of 1978 (IG Act) established 
offices of inspectors general and required them to keep agency 
heads and the Congress ``fully and currently informed'' about 
problems and deficiencies relating to the administration of 
agency programs and operations. In 2008, the Inspector General 
Reform Act became law and established the Council of the 
Inspectors General for Integrity and Efficiency (CIGIE) as the 
unified council of all statutory IGs with the mission to: 
address integrity, economy, and effectiveness issues that 
transcend individual government agencies; increase the 
professionalism, skills, and effectiveness of IG personnel by 
developing guidance, standards, and policies.\1\
---------------------------------------------------------------------------
    \1\Council of the Inspectors General on Integrity and Efficiency, 
Inspector General Act History Page (https://www.ignet.gov/content/ig-
act-history) (accessed Jan. 26, 2022).
---------------------------------------------------------------------------
    Today, the IG Act governs over 70 IGs who provide 
invaluable oversight by investigating allegations of waste, 
fraud, and abuse of taxpayer dollars in agency programs and 
operations.\2\ The role of IGs as impartial, independent 
watchdogs is vital to Congressional oversight and to holding 
the federal government accountable to the public. However, IG 
offices are not impervious to politicization by agency 
officials and, too often, a lack of sufficient resources and 
access to information threatens to undermine their important 
work. Reforms are needed to preserve and strengthen IG 
independence, ensure sufficient access to information, and 
improve Congressional oversight of the IG community.
---------------------------------------------------------------------------
    \2\Ben Wilhelm, Congressional Research Service, Legislative 
Proposals Related to the Removal of Inspectors General in the 116th 
Congress (2020).
---------------------------------------------------------------------------
    H.R. 2662 would enhance the current presidential 
notification requirement for removing an inspector general, 
grant inspectors general temporary testimonial subpoena 
authority, and place reasonable limits on who can serve as an 
acting inspector general in the event of a vacancy. The bill 
will prevent harmful politicization of IGs by giving them 
necessary tools to carry out their mission and by ensuring 
Congress has the ability to conduct oversight of IG operations.

                        III. Legislative History

    Representative Carolyn Maloney (D-NY) introduced H.R. 2662, 
the IG Independence and Empowerment Act, on April 19, 2021, 
with Representatives Steny Hoyer (D-MD), Gerald Connolly (D-
VA), Stephen Lynch (D-MA), Jimmy Gomez (D-CA), Katie Porter (D-
CA), and Ted Lieu (D-CA). The bill was referred to the House 
Committee on Oversight and Reform and the House Committee on 
the Budget. Delegate Eleanor Holmes Norton (D-DC) joined as a 
cosponsor on April 21, 2021. Representatives Jim Cooper (D-TN) 
and Kweisi Mfume (D-MD) joined as cosponsors on May 7, 2021. 
Representative Ed Case (D-HI) joined as a cosponsor on May 28, 
2021. Representative Grace Napolitano (D-CA) joined as a 
cosponsor on June 15, 2021.
    On May 25, 2021, the House Oversight Committee considered 
H.R. 2662 at a business meeting during which the bill was 
ordered to be reported favorably to the House, as amended by a 
substitute amendment. The bill was reported by the committee to 
the House on June 17, 2021. The House considered H.R. 2662 on 
June 29, 2021 under suspension of the rules, and it passed by a 
roll call vote of 221-182.
    The bill was referred to the Senate Committee on Homeland 
Security and Governmental Affairs on July 12, 2021. The 
Committee considered H.R. 2662 at a business meeting on 
November 3, 2021. During the business meeting, a modified 
amendment in the nature of a substitute (ANS) was offered by 
Chairman Peters and Ranking Member Portman and adopted by 
unanimous consent. The modified ANS made significant changes to 
H.R. 2662 as passed by the House, including removing for-cause 
removal protections for IGs and the authorization of direct 
appropriations for CIGIE, placing checks on the testimonial 
subpoena authority established in the bill, and streamlining IG 
reports to Congress.
    The modified ANS also incorporated requested changes from 
several offices. Sen. Paul requested the addition of a new 
section that gives non-governmental organizations the ability 
to review IG reports that mention them by name upon 
publication, and have a comment attached to the final report. 
Sen. Hassan requested the addition of a new section that 
streamlines the semiannual reporting requirements for IGs. 
Several new guardrails, including a sunset, were added to the 
testimonial subpoena authority provision in response to 
requests from Senators Romney and Scott. Finally, a change was 
made at the request of Sen. Lankford to require that CIGIE 
Integrity Committee investigations of Senate-confirmed IGs are 
conducted by other Senate-confirmed IGs.
    Ranking Member Portman offered an additional amendment and 
it was adopted by voice vote as amended by a Peters 2nd degree 
amendment. The Portman amendment, as amended, requires an IG 
review of the evacuation, processing, and resettlement of 
evacuees from Afghanistan and the Afghanistan Special Immigrant 
Visa Program.
    Senator Scott offered an amendment requiring a Department 
of Homeland Security (DHS) IG review of the vetting and 
processing of migrants apprehended on the southwest border of 
the United States, and Chairman Peters offered a 2nd degree 
amendment that made changes to the substance of the review, and 
neither amendment was adopted.
    Senator Hawley offered an amendment to expand the 
jurisdiction of and provide additional funding for the Special 
Inspector General for Pandemic Recovery (SIGPR). Chairman 
Peters offered a 2nd degree amendment to instead require a GAO 
study of pandemic relief funding oversight. Neither amendment 
was adopted.
    The bill was ordered reported favorably by voice vote as 
amended. The Senators present were: Peters, Carper, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Portman, Johnson, Lankford, 
Romney, Scott, and Hawley.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title; Table of Contents

    Establishes the short title as the ``Inspector General 
Independence and Empowerment Act of 2021'' and sets forth a 
table of contents for the bill.

                TITLE I--INSPECTOR GENERAL INDEPENDENCE

Section 101. Short title

    Establishes the short title as the ``Securing Inspector 
General Independence Act of 2021.''

Section 102. Removal or transfer of Inspectors General; Placement on 
        non-duty status

    This section clarifies the 30-day reporting requirement 
before an Inspector General (IG) is removed by requiring the 
President or agency head, where applicable, to provide the 
``substantive rationale, including detailed and case-specific 
reasons'' before the removal of an IG. It only allows placement 
of an IG on administrative leave (``non-duty status'') during 
this 30-day period under the following circumstances set forth 
in the Administrative Leave Act: the IG poses a threat to 
themselves or others; the IG could destroy evidence relevant to 
an investigation; the IG poses a threat to Government property; 
or the IG may otherwise jeopardize legitimate government 
interests. In such circumstance, an explanation must be 
submitted to Congress. This section also requires the President 
or agency head, where applicable, to provide 15 days' notice to 
Congress when placing an IG on administrative leave unless the 
same Administrative Leave Act requirements are met and 
explained, in which case notice can be concurrent.

Section 103. Vacancy in position of Inspector General

    This section requires that acting IGs for Presidentially-
appointed, Senate-confirmed IG positions be senior officials 
from within an Office of Inspector General (OIG) and, while an 
IG is on administrative leave that the acting IG come from 
within that particular OIG. It also requires that current 
acting IGs meet the new requirements or vacate the position 
within 30 days.

Section 104. Office of Inspector General whistleblower complaints

    This section requires the Council of the Inspectors General 
on Integrity and Efficiency (CIGIE) to establish best 
practices, and requires OIGs to provide annual training to all 
their employees, regarding the whistleblower rights of OIG 
employees.

TITLE II--PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR 
                                GENERAL

Section 201. Presidential explanation of failure to nominate an 
        Inspector General

    If the President does not make a formal nomination for a 
vacant IG position within 210 days of the vacancy occurring, 
this section requires the President to submit to Congress an 
explanation for the failure to make a nomination and a target 
date for the nomination. The report is required within 30 days, 
and annually thereafter.

TITLE III--INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS GENERAL ON 
                 INTEGRITY AND EFFICIENCY TRANSPARENCY

Section 301. Short title

    This section establishes the short title as the ``Integrity 
Committee Transparency Act of 2021.''

Section 302. Additional information to be included in requests and 
        reports to Congress

    This section requires the CIGIE Integrity Committee to 
include additional information when it notifies Congress that 
it has extended the 30-day period to evaluate an allegation of 
wrongdoing, including the length of time the evaluation has 
been ongoing and a description of any previous written notice 
of extension. This section also requires the Committee to 
include recommendations on corrective action (in addition to 
disciplinary action) in reports to Congress on the results of 
investigations.

Section 303. Availability of information to Congress on certain 
        allegations of wrongdoing closed without referral

    This section requires reporting to Congress in situations 
where the CIGIE Integrity Committee closes an evaluation of an 
allegation referred by a member of Congress without referral to 
the Chairperson of the Integrity Committee for investigation. 
It also requires that the report be forwarded to the members of 
the Integrity Committee and to the CIGIE Chairperson.

Section 304. Semiannual report

    This section establishes semiannual reporting on the 
activities of the CIGIE Integrity Committee with respect to 
allegations of wrongdoing made against IGs and OIG staff, 
including an overview and analysis of the allegations, the 
number of allegations and their outcomes, allegations made 
during previous reporting periods that remained pending, and 
any difficulties encountered by the Integrity Committee during 
evaluations or investigations.

Section 305. Additional reports

    This section requires the Chairperson of the CIGIE 
Integrity Committee, after becoming aware of a flagrant problem 
at an OIG, to immediately submit a report on the problem to the 
relevant IG, who must then notify the President, Congress, and 
the relevant agency head within 7 days. This is similar to the 
7-day letter requirement for when an agency refuses to provide 
information to an IG.

Section 306. Requirement to report final disposition to Congress

    This section adds Senate HSGAC and House COR as recipients 
of reports of the final disposition of CIGIE Integrity 
Committee cases.

Section 307: Investigations of Offices of Inspectors General of 
        establishments by the Integrity Committee

    This section requires that investigations of OIGs of 
establishments be conducted by OIGs of establishments.

    TITLE IV--TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS GENERAL

Section 401. Short title

    This section establishes the short title as the ``IG 
Testimonial Subpoena Authority Act.''

Section 402. Additional authority provisions for Inspectors General

    This section grants IGs the authority to subpoena witness 
testimony and attendance as necessary during an audit, 
inspection, evaluation, or investigation, except for 
individuals who are otherwise obligated to provide testimony 
and cooperate with the IG.
    This section includes the following safeguards for IGs' 
testimonial subpoena authority:
           Establishes a Subpoena Panel to approve or 
        deny subpoena requests, comprised of 3 Presidentially-
        appointed, Senate-confirmed IGs. IGs must be randomly 
        selected, with exceptions to ensure selected IGs are 
        appropriately cleared and available.
           In a request for a subpoena, the IG must 
        include the IG's determination that the testimony 
        sought is likely to be relevant to the audit, 
        inspection, evaluation, or investigation and that the 
        information to be sought cannot be reasonably obtained 
        through other means.
           In order for an IG to issue a subpoena, a 
        majority of the Panel must approve the subpoena. The 
        panel must decide whether to approve or disapprove the 
        subpoena within 10 days of submission of the request or 
        within 20 days of asking for additional information 
        from the requesting IG. If a majority do not approve 
        the subpoena, it may not be issued.
           Before an IG requests approval for a 
        subpoena from the Subpoena Panel, this section requires 
        the IG to give notice to the Attorney General (AG) and 
        to take into consideration any information from the AG 
        relating to the subpoena. The IG may go ahead with 
        requesting approval to issue a subpoena if the AG does 
        not respond to the notice within 10 days, and the 
        request to the Panel must include any information 
        provided by the AG.
           Requires the IG to give notice to the 
        Chairperson of CIGIE and to the AG upon issuing a 
        subpoena.
           Requires semiannual reporting to Congress on 
        the use of subpoenas by IGs, including a list of all 
        IGs who have submitted a request to the Panel, 
        anonymized descriptions of the requests, information 
        provided by the AG related to the requests, Panel 
        members for each request, relevant dates, and whether 
        the requests were approved or denied.
    Additionally, this section requires CIGIE, in consultation 
with the AG, to issue standards and provide training relating 
to the issuance of subpoenas. This section sunsets the 
provision on January 1, 2027, and stipulates that the sunset 
shall not affect the enforceability of subpoenas issued on or 
before December 31, 2026.

Section 403. Review by Comptroller General

    This section requires the Comptroller General to review the 
use of testimonial subpoena authority by IGs and submit a 
report to Congress by January 1, 2026.

       TITLE V--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL

Section 501. Short title

    This section establishes the short title as the ``Inspector 
General Access Act of 2021.''

Section 502. Investigations of Department of Justice personnel

    This section allows the Department of Justice (DOJ) IG to 
investigate allegations of misconduct involving DOJ attorneys, 
which --under current law--the DOJ IG is required to refer to 
the DOJ Office of Professional Responsibility.

 TITLE VI--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN 
                      STATUS OF INSPECTOR GENERAL

Section 601. Notice of ongoing investigations when there is a change in 
        status of Inspector General

    This section requires the acting IG to report to Congress 
about ongoing work by the OIG at the time of an IG's removal, 
transfer, or placement on administrative leave within 15 days 
of the IG's removal, transfer, or placement on administrative 
leave.

     TITLE VII--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND 
                   EFFICIENCY REPORT ON EXPENDITURES

Section 701. CIGIE report on expenditures

    This section requires the Chairperson of CIGIE to submit 
annually to Congress a report on expenditures for the previous 
fiscal year.

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

Section 801. Notice of refusal to provide information or assistance to 
        Inspectors General

    If an agency refuses or does not provide requested 
information or assistance to an IG within 30 days of the IG 
notifying the agency head of the situation, this section 
requires the IG to notify Congress.

 TITLE IX--TRAINING RESOURCES FOR INSPECTORS GENERAL AND OTHER MATTERS

Section 901. Training resources for Inspectors General

    This section requires CIGIE to support the professional 
development of IGs, including training opportunities on the 
duties, responsibilities, and authorities of the Inspector 
General Act of 1978, as amended, and other topics identified by 
IGs and CIGIE.

Section 902. Definition of appropriate congressional committees

    This section provides a technical edit to define 
``appropriate congressional committees'' for purposes of the IG 
Act as including the Senate Committee on Homeland Security and 
Governmental Affairs, the House Committee on Oversight and 
Reform, and other relevant congressional committees and 
subcommittees of jurisdiction. This section includes conforming 
edits throughout the IG Act to use the same defined term.

Section 903. Semiannual reports

    This section streamlines and consolidates semiannual IG 
reporting requirements to avoid duplicative and unnecessary 
reporting.

Section 904. Submission of reports that specifically identify non-
        governmental organizations or business entities

    This section gives non-governmental organizations the 
ability to review IG reports that mention them by name upon 
publication, and have a comment attached to the final report. 
This section is retroactively applicable to reports from 
January 1, 2019 or later.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs during the 117th 
Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

           Summary Estimates of Legislation Ordered Reported

     The Congressional Budget Act of 1974 requires the 
Congressional Budget Office, to the extent practicable, to 
prepare estimates of the budgetary effects of legislation 
ordered reported by Congressional authorizing committees. In 
order to provide the Congress with as much information as 
possible, the attached table summarizes information about the 
estimated direct spending and revenue effects of some of the 
legislation that has been ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs during 
the 117th Congress. The legislation listed in this table 
generally would have small effects, if any, on direct spending 
or revenues, CBO estimates. Where possible, the table also 
provides information about the legislation's estimated effects 
on spending subject to appropriation and on intergovernmental 
and private-sector mandates as defined in the Unfunded Mandates 
Reform Act.

                                                  ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Increases
                                                               Direct                 Spending Subject   Pay-As-You-   On-Budget
   Bill        Title        Status      Last      Budget     Spending,    Revenues,          to              Go         Deficits    Mandates    Contact
  Number                               Action    Function    2023-2032    2023-2032    Appropriation,    Procedures    Beginning
                                                                                          2023-2027        Apply?       in 2033?
--------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 2662  IG             Ordered     11/03/21  800         Between      0            Not estimated     Yes           No           No          Matthew
            Independence   reported                          zero and                                                                           Pickford
            and                                              $500,000
            Empowerment
            Act
--------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 2662 would provide additional tools for inspectors general and the Council of the Inspectors General on Integrity and Efficiency to improve
  oversight of federal programs. The legislation would authorize new training opportunities and subpoena authority for inspectors general and require
  additional reporting. The legislation also would call for a review of efforts to support and clear evacuees from Afghanistan. CBO estimates that
  enacting H.R. 2662 would have an insignificant effect on direct spending and no effect on revenues over the 2023-2032 period. CBO has not estimated
  the discretionary costs of implementing the legislation. The legislation contains no intergovernmental or private-sector mandates as defined in the
  Unfunded Mandates Reform Act.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart B--Employment and Retention

           *       *       *       *       *       *       *



CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT

           *       *       *       *       *       *       *



          Subchapter III--Details, Vacancies, and Appointments

Table of Sections
3341. Details; within Executive or military departments.
     * * * * * * *
3349d. Notification of intent to nominate during certain recesses or 
          adjournments.
3349e. Presidential explanation of failure to nominate an Inspector 
          General.
     * * * * * * *

SEC. 3349D. NOTIFICATION OF INTENT TO NOMINATE DURING CERTAIN RECESSES 
                    OR ADJOURNMENTS.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


APPENDIX

           *       *       *       *       *       *       *


INSPECTOR GENERAL ACT OF 1978

           *       *       *       *       *       *       *


SEC. 3. APPOINTMENT OF INSPECTOR GENERAL; SUPERVISION; REMOVAL; 
                    POLITICAL ACTIVITIES; APPOINTMENT OF ASSISTANT 
                    INSPECTOR GENERAL FOR AUDITING AND ASSISTANT 
                    INSPECTOR GENERAL FOR INVESTIGATIONS

    (a) * * *
    (b)(1)(A) 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] substantive rationale, including detailed and 
case specific reasons for any such removal or transfer to both 
Houses of Congress (including to the appropriate congressional 
committees), 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.
    (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.
    (2)(A) Subject to the other provisions of this paragraph, 
only the President may place an Inspector General on non-duty 
status.
    (B) If the President places an Inspector General on non-
duty status, the President shall communicate in writing the 
substantive rationale, including detailed and case specific 
reasons, for the change in status to both Houses of Congress 
(including to the 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 
                sub clause (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 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)).
    (c) * * *
    (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 Coordinator 
        who shall
                  (i) educate agency employees including 
                employees of that Office of Inspector General--

           *       *       *       *       *       *       *

                  (iii) assist the Inspector General in 
                facilitating communication and coordination 
                with the Special Counsel, the Council of the 
                Inspectors General on Integrity and Efficiency 
                (including the Integrity Committee of that 
                Council), the establishment, 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.

           *       *       *       *       *       *       *

    (h)(1) In this subsection--
          (A) the term `first assistant to the position of 
        Inspector General' means, with respect to an Office of 
        Inspector General--
                  (i) an individual who, as of the day before 
                the date on which the Inspector General dies, 
                resigns, or otherwise becomes unable to perform 
                the functions and duties of that position--
                          (I) is serving in a position in that 
                        Office; and
                          (II) has been designated in writing 
                        by the Inspector General, through an 
                        order of succession or otherwise, as 
                        the first assistant to the position of 
                        Inspector General; or
                  (ii) if the Inspector General has not made a 
                designation described in clause (i)(II)--
                          (I) the Principal Deputy Inspector 
                        General of that Office, as of the day 
                        before the date on which the Inspector 
                        General dies, resigns, or otherwise 
                        becomes unable to perform the functions 
                        and duties of that position; or
                          (II) if there is no Principal Deputy 
                        Inspector General of that Office, the 
                        Deputy Inspector General of that 
                        Office, as of the day before the date 
                        on which the Inspector General dies, 
                        resigns, or otherwise becomes unable to 
                        perform the functions and duties of 
                        that position; and
          (B) the term `Inspector General'--
                  (i) means an Inspector General who is 
                appointed by the President, by and with the 
                advice and consent of the Senate; and
                  (ii) includes the Inspector General of an 
                establishment, the Inspector General of the 
                Intelligence Community, the Inspector General 
                of the Central Intelligence Agency, the Special 
                Inspector General for the Troubled Asset Relief 
                Program, and the Special Inspector General for 
                Pandemic Recovery.
    (2) If an Inspector General dies, resigns, or is otherwise 
unable to perform the functions and duties of the position--
          (A) section 3345(a) of title 5, United States Code, 
        and section 103(e) of the National Security Act of 1947 
        (50 U.S.C. 3025(e)) shall not apply;
          (B) subject to paragraph (4), the first assistant to 
        the position of Inspector General shall perform the 
        functions and duties of the Inspector General 
        temporarily in an acting capacity subject to the time 
        limitations of section 3346 of title 5, United States 
        Code; and
          (C) notwithstanding subparagraph (B), and subject to 
        paragraphs (4) and (5), the President (and only the 
        President) may direct an officer or employee of any 
        Office of an Inspector General to perform the functions 
        and duties of the Inspector General temporarily in an 
        acting capacity subject to the time limitations of 
        section 3346 of title 5, United States Code, only if--
                  (i) during the 365-day period preceding the 
                date of death, resignation, or beginning of 
                inability to serve of the Inspector General, 
                the officer or employee served in a position in 
                an Office of an Inspector General for not less 
                than 90 days, except that--
                          (I) the requirement under this clause 
                        shall not apply if the officer is an 
                        Inspector General; and
                          (II) for the purposes of this 
                        subparagraph, performing the functions 
                        and duties of an Inspector General 
                        temporarily in an acting capacity does 
                        not qualify as service in a position in 
                        an Office of an Inspector General;
                  (ii) the rate of pay for the position of the 
                officer or employee described in clause (i) is 
                equal to or greater than the minimum rate of 
                pay payable for a position at GS-15 of the 
                General Schedule;
                  (iii) the officer or employee has 
                demonstrated ability in accounting, auditing, 
                financial analysis, law, management analysis, 
                public administration, or investigations; and
                  (iv) not later than 30 days before the date 
                on which the direction takes effect, the 
                President communicates in writing to both 
                Houses of Congress (including to the 
                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.

           *       *       *       *       *       *       *


SEC. 4. DUTIES AND RESPONSIBILITIES; REPORT OF CRIMINAL VIOLATIONS TO 
                    ATTORNEY GENERAL

    (a) * * *
          (1) * * *
          (2) to review existing and proposed legislation and 
        regulations relating to programs and operations of such 
        establishment and to make recommendations, including in 
        the semiannual reports required by section 5(a), 
        concerning the impact of such legislation or 
        regulations on the economy and efficiency in the 
        administration of programs and operations administered 
        or financed by such establishment or the prevention and 
        detection of fraud and abuse in such programs and 
        operations;

           *       *       *       *       *       *       *


SEC. 5. SEMIANNUAL REPORTS; TRANSMITTAL TO CONGRESS; AVAILABILITY TO 
                    PUBLIC; IMMEDIATE REPORT ON SERIOUS OR FLAGRANT 
                    PROBLEMS; DISCLOSURE OF INFORMATION; DEFINITIONS

    (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;

           *       *       *       *       *       *       *

          (12) information concerning any significant 
        management decision with which the Inspector General is 
        in disagreement]
          (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;
          [(13)] (7) * * *
          [(14)] (8) * * *
          [(15)] (9) * * *
          [(16)] (10) * * *
          [(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 prosection 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]
          (11) a description of the use of subpoenas for the 
        attendance and testimony of certain witnesses 
        authorized under section 6A.
          [(18)] (12) * * *
          [(19) a report on each investigation conducted by the 
        Office involving a senior Government employee where 
        allegations of misconduct were substantiated, including 
        the name of the senior government official (as defined 
        by the department or agency) 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;]
          (13) a report on each investigation conducted by the 
        Office where allegations of misconduct were 
        substantiated involving a senior Government employee or 
        senior official (as defined by the Office) if the 
        establishment does not have senior Government 
        employees, which shall include--
                  (A) the name of the senior Government 
                employee, if already made public by the Office; 
                and
                  (B) a detailed description of--
                          (i) the facts and circumstances of 
                        the investigation; and
                          (ii) 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)] (14) * * *
          [(21) a detailed description of any attempt by the 
        establishment to interfere with the independence of the 
        Office, including--]
          (15) information related to interference by the 
        establishment, 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]
                  (A) a detailed description of 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;
          [(22)] (16) * * *
                  (A) * * *
                  (B) investigation conducted by the Office 
                involving a senior Government employee that is 
                closed and was not disclosed to the public[.]; 
                and
          (17) a description of the use of subpoenas for the 
        attendance and testimony of certain witnesses 
        authorized under section 6A.
    (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] congressional committees within 
thirty days after receipt of the report, together with a report 
by the head of the establishment containing--
          (1) * * *
                  [(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;]
          (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 
                        re porting 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;
          [(4)] (3) whether the establishment entered into a 
        settlement agreement with the official described in 
        [subsection (a)(20)(A)] subsection (a)(14)(A), which 
        shall be reported regardless of any confidentiality 
        agreement relating to the settlement agreement; and
          [(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.]
          (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) * * *
    (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] congressional committees within seven calendar days, 
together with a report by the head of the establishment 
containing any comments such head deems appropriate.
    (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.
    (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.
    [(e)](g)(1) Nothing in this section shall be construed to 
authorize the public disclosure of information which is--

           *       *       *       *       *       *       *

    (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 
        nongovernmental 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.
    (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.
    [(f)] [(h)] (i)

           *       *       *       *       *       *       *


SEC. 6. AUTHORITY OF INSPECTOR GENERAL; INFORMATION AND ASSISTANCE FROM 
                    FEDERAL AGENCIES; UNREASONABLE REFUSAL; OFFICE 
                    SPACE AND EQUIPMENT.

    (a) *  *  *
    (b) *  *  *
    (c) *  *  *
          (1) *  *  *
          (2) *  *  *
          (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.

           *       *       *       *       *       *       *

    (h) *  *  *

           *       *       *       *       *       *       *

          (4) * * *
                  (A) * * *
                  (B) The Committee on Oversight and 
                [Government] Reform, the Committee on the 
                Judiciary, and the Permanent Select Committee 
                on Intelligence of the House of 
                Representatives.
                  (C) [Other appropriate committees and 
                subcommittees of Congress.] Any other relevant 
                congressional committee or subcommittee of 
                jurisdiction.

           *       *       *       *       *       *       *

    (k) * * *

SEC. 6A. ADDITIONAL AUTHORITY.

    (a) Definitions.--In this section--
          (1) the term `Chairperson' means the Chairperson of 
        the Council of the Inspectors General on Integrity and 
        Efficiency;
          (2) the term `Inspector General'--
                  (A) means an Inspector General of an 
                establishment or a designated Federal entity 
                (as defined in section 8G(a)); and
                  (B) includes--
                          (i) the Inspector General of the 
                        Central Intelligence Agency established 
                        under section 17 of the Central 
                        Intelligence Agency Act of 1949 (50 
                        U.S.C. 3517);
                          (ii) the Inspector General of the 
                        Intelligence Community established 
                        under section 103H of the National 
                        Security Act of 1947 (50 U.S.C. 3033);
                          (iii) the Special Inspector General 
                        for Afghanistan Reconstruction 
                        established under section 1229 of the 
                        National Defense Authorization Act for 
                        Fiscal Year 2008 (Public Law 110-181; 
                        122 Stat. 379);
                          (iv) the Special Inspector General 
                        for the Troubled Asset Relief Plan 
                        established under section 121 of the 
                        Emergency Economic Stabilization Act of 
                        2008 (12 U.S.C. 5231); and
                          (v) the Special Inspector General for 
                        Pandemic Recovery established under 
                        section 4018 of the CARES Act (15 
                        U.S.C. 9053); and
          (3) the term `Subpoena Panel' means the panel to 
        which requests for approval to issue a subpoena are 
        submitted under subsection (e).
    (b) Testimonial Subpoena Authority.--
          (1) In general.--In addition to the authority 
        otherwise provided by this Act and in accordance with 
        the requirements of this section, each Inspector 
        General, in carrying out the provisions of this Act or 
        the provisions of the authorizing statute of the 
        Inspector General, as applicable, is authorized to 
        require by subpoena the attendance and testimony of 
        witnesses as necessary in the performance of an audit, 
        inspection, evaluation, or investigation, which 
        subpoena, in the case of contumacy or refusal to obey, 
        shall be enforceable by order of any appropriate United 
        States district court.
          (2) Prohibition.--An Inspector General may not 
        require by subpoena the attendance and testimony of a 
        Federal employee or employee of a designated Federal 
        entity, but may use other authorized procedures.
          (3) Determination by inspector general.--The 
        determination of whether a matter constitutes an audit, 
        inspection, evaluation, or investigation shall be at 
        the discretion of the applicable Inspector General.
    (c) Limitation on Delegation.--The authority to issue a 
subpoena under subsection (b) may only be delegated to an 
official performing the functions and duties of an Inspector 
General when the Inspector General position is vacant or when 
the Inspector General is unable to perform the functions and 
duties of the Office of the Inspector General.
    (d) Notice to Attorney General.--
          (1) In general.--Not less than 10 days before 
        submitting a request for approval to issue a subpoena 
        to the Subpoena Panel under subsection (e), an 
        Inspector General shall--
                  (A) notify the Attorney General of the plan 
                of the Inspector General to issue the subpoena; 
                and
                  (B) take into consideration any information 
                provided by the Attorney General relating to 
                the subpoena.
          (2) Rule of construction.--Nothing in this subsection 
        may be construed to prevent an Inspector General from 
        submitting to the Subpoena Panel under subsection (e) a 
        request for approval to issue a subpoena if 10 or more 
        days have elapsed since the date on which the Inspector 
        General submits to the Attorney General the 
        notification required under paragraph (1)(A) with 
        respect to that subpoena.
    (e) Panel Review Before Issuance.--
          (1) Approval required.--
                  (A) Request for approval by subpoena panel.--
                Before the issuance of a subpoena described in 
                subsection (b), an Inspector General shall 
                submit to a panel a request for approval to 
                issue the subpoena, which shall include a 
                determination by the Inspector General that--
                          (i) the testimony is likely to be 
                        reasonably relevant to the audit, 
                        inspection, evaluation, or 
                        investigation for which the subpoena is 
                        sought; and
                          (ii) the information to be sought 
                        cannot be reasonably obtained through 
                        other means.
                  (B) Composition of subpoena panel.--
                          (i) In general.--Subject to clauses 
                        (ii) and (iii), a Subpoena Panel shall 
                        be comprised of 3 inspectors general 
                        appointed by the President and 
                        confirmed by the Senate, who shall be 
                        randomly drawn by the Chairperson or a 
                        designee of the Chairperson from a pool 
                        of all such inspectors general.
                          (ii) Classified information.--If 
                        consideration of a request for a 
                        subpoena submitted under subparagraph 
                        (A) would require access to classified 
                        information, the Chairperson or a 
                        designee of the Chairperson may limit 
                        the pool of inspectors general 
                        described in clause (i) to 
                        appropriately cleared inspectors 
                        general.
                          (iii) Confirmation of availability.--
                        If an inspector general drawn from the 
                        pool described in clause (i) does not 
                        confirm their availability to serve on 
                        the Subpoena Panel within 24 hours of 
                        receiving a notification from the 
                        Chairperson or a designee of the 
                        Chairperson regarding selection for the 
                        Subpoena Panel, the Chairperson or a 
                        designee of the Chairperson may 
                        randomly draw a new inspector general 
                        from the pool to serve on the Subpoena 
                        Panel.
                  (C) Contents of request.--The request 
                described in subparagraph (A) shall include any 
                information provided by the Attorney General 
                related to the subpoena, which the Attorney 
                General requests that the Subpoena Panel 
                consider.
                  (D) Protection from disclosure.--
                          (i) In general.--The information 
                        contained in a request submitted by an 
                        Inspector General under subparagraph 
                        (A) and the identification of a witness 
                        shall be protected from disclosure to 
                        the extent permitted by law.
                          (ii) Request for disclosure.--Any 
                        request for disclosure of the 
                        information described in clause (i) 
                        shall be submitted to the Inspector 
                        General requesting the subpoena.
          (2) Time to respond.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the Subpoena Panel shall 
                approve or deny a request for approval to issue 
                a subpoena submitted under paragraph (1) not 
                later than 10 days after the submission of the 
                request.
                  (B) Additional information for panel.--If the 
                Subpoena Panel determines that additional 
                information is necessary to approve or deny a 
                request for approval to issue a subpoena 
                submitted by an Inspector General under 
                paragraph (1), the Subpoena Panel shall--
                          (i) request that information; and
                          (ii) approve or deny the request for 
                        approval submitted by the Inspector 
                        General not later than 20 days after 
                        the Subpoena Panel submits the request 
                        for information under clause (i).
          (3) Approval by panel.--If all members of the 
        Subpoena Panel unanimously approve a request for 
        approval to issue a subpoena submitted by an Inspector 
        General under paragraph (1), the Inspector General may 
        issue the subpoena.
          (4) Notice to council and attorney general.--Upon 
        issuance of a subpoena by an Inspector General under 
        subsection (b), the Inspector General shall provide 
        contemporaneous notice of such issuance to the 
        Chairperson or a designee of the Chairperson and to the 
        Attorney General.
    (f) Semiannual Reporting.--On or before May 31, 2022, and 
every 6 months thereafter, the Council of the Inspectors 
General on Integrity and Efficiency shall submit to the 
Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Oversight and Reform of the House of 
Representatives, and the Comptroller General of the United 
States a report on the use of subpoenas described in subsection 
(b) in any audit, inspection, evaluation, or investigation that 
concluded during the immediately preceding 6-month periods 
ending March 31 and September 30, which shall include--
          (1) a list of each Inspector General that has 
        submitted a request for approval of a subpoena to the 
        Subpoena Panel;
          (2) for each applicable Inspector General, the number 
        of subpoenas submitted to the Subpoena Panel, approved 
        by the Subpoena Panel, and disapproved by the Subpoena 
        Panel;
          (3) for each subpoena submitted to the Subpoena Panel 
        for approval--
                  (A) an anonymized description of the 
                individual or organization to whom the subpoena 
                was directed;
                  (B) the date on which the subpoena request 
                was sent to the Attorney General, the date on 
                which the Attorney General responded, and 
                whether the Attorney General provided 
                information regarding the subpoena request, 
                including whether the Attorney General opposed 
                issuance of the proposed subpoena;
                  (C) the members of the Subpoena Panel 
                considering the subpoena;
                  (D) the date on which the subpoena request 
                was sent to the Subpoena Panel, the date on 
                which the Subpoena Panel approved or 
                disapproved the subpoena request, and the 
                decision of the Subpoena Panel; and
                  (E) the date on which the subpoena request 
                was sent to the Subpoena Panel, the date on 
                which the Subpoena Panel approved or 
                disapproved the subpoena request, and the 
                decision of the Subpoena Panel; and
          (4) any other information the Council of the 
        Inspectors General on Integrity and Efficiency 
        considers appropriate to include.
    (g) Training and Standards.--The Council of the Inspectors 
General on Integrity and Efficiency, in consultation with the 
Attorney General, shall promulgate standards and provide 
training relating to the issuance of subpoenas, conflicts of 
interest, and any other matter the Council determines necessary 
to carry out this section.
    (h) Applicability.--The provisions of this section shall 
not affect the exercise of authority by an Inspector General of 
testimonial subpoena authority established under another 
provision of law.
    (i) Termination.--The authorities provided under subsection 
(b) shall terminate on January 1, 2027, provided that this 
subsection shall not affect the enforceability of a subpoena 
issued on or before December 31, 2026.

           *       *       *       *       *       *       *


SEC. 8. ADDITIONAL PROVISIONS WITH RESPECT TO THE INSPECTOR GENERAL OF 
                    THE DEPARTMENT OF DEFENSE

    (a) * * *
    (b) * * *
          (1) * * *
          (2) * * *
          (3) If the Secretary of Defense exercises any power 
        under paragraph (1) or (2), the Inspector General shall 
        submit a statement concerning such exercise within 
        thirty days to [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 the 
        Congress.] the appropriate congressional committees, 
        including the Committee on Armed Services of the Senate 
        and the Committee on Armed Services of the House of 
        Representatives.
          (4) The Secretary shall, within thirty days after 
        submission of a statement under paragraph (3), transmit 
        a statement of the reasons for the exercise of power 
        under paragraph (1) or (2) to the congressional 
        committees specified in paragraph (3) [and to other 
        appropriate committees or subcommittees].

           *       *       *       *       *       *       *

    (f)(1) Each semiannual report prepared by the Inspector 
General of the Department of Defense under section 5(a) shall 
be transmitted by the Secretary of Defense to [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] the appropriate congressional 
committees, including the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives. Each such report shall include--
        (A) * * *
        (B) * * *
    (2) Any report required to be transmitted by the Secretary 
of Defense to the appropriate [committees or subcommittees of 
the Congress] congressional committees under section 5(d) shall 
also be transmitted, within the seven-day period specified in 
such section, to the congressional committees specified in 
paragraph (1).

           *       *       *       *       *       *       *


SEC. 8D. SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF TREASURY

    (a) * * *

           *       *       *       *       *       *       *

          (3) If the Secretary of the Treasury exercises any 
        power under paragraph (1) or (2), the Secretary of the 
        Treasury shall notify the Inspector General of the 
        Department of the Treasury in writing stating the 
        reasons for such exercise. Within 30 days after receipt 
        of any such notice, the Inspector General of the 
        Department of the Treasury shall transmit a copy of 
        such notice to the [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] appropriate 
        congressional committees, including the Committee on 
        Finance of the Senate and the Committee on Ways and 
        Means of the House of Representatives.

           *       *       *       *       *       *       *

    (g)(1) Any report required to be transmitted by the 
Secretary of the Treasury to the appropriate [committees or 
subcommittees of the Congress] congressional committees under 
section 5(d) shall also be transmitted, within the seven-day 
period specified under such section, to the [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] Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives.
    (2) Any report made by the Treasury Inspector General for 
Tax Administration that is required to be transmitted by the 
Secretary of the Treasury to the appropriate [committees or 
subcommittees] congressional committees of Congress under 
section 5(d) shall also be transmitted, within the 7-day period 
specified under such subsection, to the Internal Revenue 
Service Oversight Board and the Commissioner of Internal 
Revenue.

           *       *       *       *       *       *       *


SEC. 8E. SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF JUSTICE (A) * 
                    * *

          (1) * * *
          (2) * * *
          (3) If the Attorney General exercises any power under 
        paragraph (1) or (2), the Attorney General shall notify 
        the Inspector General in writing stating the reasons 
        for such exercise. Within 30 days after receipt of any 
        such notice, the Inspector General shall transmit a 
        copy of such notice to the [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] appropriate 
        congressional committees, including the Committee on 
        the Judiciary of the Senate and the Committee on the 
        Judiciary of the House of Representatives.
    (b) * * *
          (1) * * *
          (2) except as specified in subsection (a) [and 
        paragraph (3)], may investigate allegations of criminal 
        wrongdoing or administrative misconduct by an employee 
        of the Department of Justice, or may, in the discretion 
        of the Inspector General, refer such allegations to the 
        Office of Professional Responsibility or the internal 
        affairs office of the appropriate component of the 
        Department of Justice;
          [(3) shall refer to the Counsel, Office of 
        Professional Responsibility of the Department of 
        Justice, allegations of misconduct involving Department 
        attorneys, investigators, or law enforcement personnel, 
        where the allegations relate to the exercise of the 
        authority of an attorney to investigate, litigate, or 
        provide legal advice, except that no such referral 
        shall be made if the attorney is employed in the Office 
        of Professional Responsibility;]
          [(4)] (3) may investigate allegations of criminal 
        wrongdoing or administrative misconduct by a person who 
        is the head of any agency or component of the 
        Department of Justice; and
          [(5)] (4) shall forward the results of any 
        investigation conducted under [paragraph (4)] paragraph 
        3, along with any appropriate recommendation for 
        disciplinary action, to the Attorney General.
    (c) Any report required to be transmitted by the Attorney 
General to the appropriate [committees or subcommittees of the 
Congress] congressional committees under section 5(d) shall 
also be transmitted, within the seven-day period specified 
under such section, to the [Committees on the Judiciary and 
Governmental Affairs of the Senate and the Committees on the 
Judiciary and Government Operations of the House of 
Representatives] Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Representatives.
    (d) The Attorney General shall ensure by regulation that 
any component of the Department of Justice receiving a 
nonfrivolous allegation of criminal wrongdoing or 
administrative misconduct by an employee of the Department of 
Justice [, except with respect to allegations described in 
subsection (b)(3),] shall report that information to the 
Inspector General.

           *       *       *       *       *       *       *


SEC. 8G. REQUIREMENTS FOR FEDERAL ENTITIES AND DESIGNATED FEDERAL 
                    ENTITIES

           *       *       *       *       *       *       *


    (d) * * *
          (1) * * *
          (2) * * *

           *       *       *       *       *       *       *

                  (E) The committees of Congress specified in 
                this subparagraph are the appropriate 
                congressional committees, including--
                          (i) * * *
                          (ii) * * *
    (e)(1) In the case of a designated Federal entity for which 
a board, chairman of a committee, or commission is the head of 
the designated Federal entity, a removal or placement on non-
duty status under this subsection may only be made upon the 
written concurrence of a 2/3 majority of the board, committee, 
or commission.
    (2)(A) If an Inspector General is removed from office or is 
transferred to another position or location within a designated 
Federal entity, the head of the designated Federal entity shall 
communicate in writing the [reasons] substantive rationale, 
including detailed and case specific reasons, for any such 
removal or transfer to both Houses of Congress (including to 
the appropriate congressional committees), 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.
    (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.
    (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.
    (f) * * *

           *       *       *       *       *       *       *

          (3) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                          (iii) If the Governors exercise any 
                        power under clause (i) or (ii), the 
                        Governors shall notify the Inspector 
                        General in writing stating the reasons 
                        for such exercise. Within 30 days after 
                        receipt of any such notice, the 
                        Inspector General shall transmit a copy 
                        of such notice to the [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] the appropriate 
                        congressional committees.
                  (B) * * *
                  [(C) Any report required to be transmitted by 
                the Governors to the appropriate committees or 
                subcommittees of the Congress under section 
                5(d) shall also be transmitted, within the 
                seven-day period specified under such section, 
                to the Committee on Governmental Affairs of the 
                Senate and the Committee on Government Reform 
                and Oversight of the House of Representatives.]
    (g)(1) Sections 4, 5, 6 (other than subsections (a)(7) and 
(a)(8) thereof), 6A and 7 of this Act shall apply to each 
Inspector General and Office of Inspector General of a 
designated Federal entity and such sections shall be applied to 
each designated Federal entity and head of the designated 
Federal entity (as defined under subsection (a)) by 
substituting--

           *       *       *       *       *       *       *


SEC. 8I. SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF HOMELAND 
                    SECURITY

    (a) * * *

           *       *       *       *       *       *       *

          (3) If the Secretary of Homeland Security exercises 
        any power under paragraph (1) or (2), the Secretary 
        shall notify the Inspector General of the Department of 
        Homeland Security in writing within seven days stating 
        the reasons for such exercise. Within 30 days after 
        receipt of any such notice, the Inspector General shall 
        transmit to the President of the Senate, the Speaker of 
        the House of Representatives, and appropriate 
        [committees and subcommittees of Congress] 
        congressional committees the following:
                  (A) * * *
                  (B) * * *
    (b) * * *
    (c) * * *
    (d) Any report required to be transmitted by the Secretary 
of Homeland Security to the appropriate [committees or 
subcommittees of Congress] congressional committees under 
section 5(d) shall be transmitted, within the seven-day period 
specified under such section, to the President of the Senate, 
the Speaker of the House of Representatives, and [appropriate 
committees and subcommittees of Congress] congressional 
committees.

           *       *       *       *       *       *       *


SEC. 8N. ADDITIONAL PROVISIONS WITH RESPECT TO THE DEPARTMENT OF ENERGY

    (a) * * *
    (b) Not later than 7 days after the date on which the 
Secretary of Energy exercises any power authorized under 
subsection (a), the Secretary shall notify the Inspector 
General of the Department of Energy in writing the reasons for 
such exercise. Within 30 days after receipt of any such notice, 
the Inspector General of the Department of Energy shall submit 
to the appropriate [committees of Congress] congressional 
committees a statement concerning such exercise.

           *       *       *       *       *       *       *


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

    (a) * * *
    (b) * * *
          (1) * * *
          (2) * * *
          (3) * * *
                  (A) * * *
                  (B) * * *

           *       *       *       *       *       *       *

                          (viii) * * *
                                  (I) the President and;
                                  (II) the appropriate 
                                congressional 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) * * *
          (1) * * *
                  (D) * * *
                  (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.
                  [(E)] (F) * * *
                  [(F)] (G) * * *
                  [(G)] (H) * * *
                  [(H)] (I) * * *
                  [(I)] (J) * * *

           *       *       *       *       *       *       *

          (3) * * *

           *       *       *       *       *       *       *

                  (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.
          (4) * * *
          (5) * * *
                  (A) * * *
                  (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 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), and general matters regarding the 
                implementation and administration of 
                whistleblower protection laws, in accordance 
                with Federal law.
    (d) * * *

           *       *       *       *       *       *       *

          (5) * * *
                  (A) * * *
                  (B) * * *
                          (i) * * *
                          (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[.], 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.
                          (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.
          (6) * * *
          (7) * * *
                  (A) * * *
                  (B) * * *
                          (i) * * *
                                  (V) except as provided in 
                                clause (ii), ensuring, to the 
                                extent possible, that 
                                investigations are conducted by 
                                Offices of Inspector General of 
                                similar size, and that an 
                                investigation of an Office of 
                                Inspector General of an 
                                establishment is conducted by 
                                another Office of Inspector 
                                General of an establishment;
          (8) * * *
                  (A) * * *
                          (i) * * *
                          (ii) forward the report, with the 
                        recommendations of the Integrity 
                        Committee, including those on 
                        disciplinary action or corrective 
                        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] to the appropriate 
                        congressional committees; and
                          (iv) * * *
                  (B) Disposition.--The Executive Chairperson 
                of the Council shall report to the Integrity 
                Committee and the appropriate congressional 
                committees 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.]
          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 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. 12. DEFINITIONS

          (1) * * *
          (2) * * *
          (3) except as otherwise expressly provided, the term 
        ``Inspector General'' means the Inspector General of an 
        establishment;
          (4) the term ``Office'' means the Office of Inspector 
        General of an establishment; [and]
          (5) the term ``Federal agency'' means an agency as 
        defined in section 552(f) of title 5 (including an 
        establishment as defined in paragraph (2)), United 
        States Code, but shall not be construed to include the 
        Government Accountability Office[.]; and
          (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.

                                  [all]