[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]