Inspector General Independence and Empowerment Act of 2021

II Calendar No. 585 117TH CONGRESS 2D SESSION H. R. 2662 [Report No. 117–226] IN THE SENATE OF THE UNITED STATES JULY 12, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs DECEMBER 5, 2022 Reported by Mr. PETERS, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] AN ACT To amend the Inspector General Act of 1978, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the ‘‘IG 4 Independence and Empowerment Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6411 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2662 RS TITLE I—INSPECTOR GENERAL INDEPENDENCE Sec. 101. Short title. Sec. 102. Amendment. Sec. 103. Removal or transfer requirements. TITLE II—CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR GENERAL Sec. 201. Short title. Sec. 202. Change in status of Inspector General offices. Sec. 203. Presidential explanation of failure to nominate an Inspector General. TITLE III—VACANCY OF INSPECTOR GENERAL POSITIONS Sec. 301. Vacancy of Inspector General positions. TITLE IV—COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY TRANSPARENCY Sec. 401. Short title. Sec. 402. Additional information to be included in requests and reports to Con- gress. Sec. 403. Availability of information to members of Congress regarding certain allegations of wrongdoing closed without referral. Sec. 404. Semiannual report. Sec. 405. Additional reports; rules of construction. Sec. 406. Membership of Integrity Committee. Sec. 407. Requirement to refer allegations of wrongdoing against Inspector General to Integrity Committee. Sec. 408. Requirement to report final disposition to Congress. TITLE V—ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL Sec. 501. Short title. Sec. 502. Additional authority provisions for Inspectors General. TITLE VI—INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL Sec. 601. Short title. Sec. 602. Investigations of Department of Justice personnel. TITLE VII—OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS Sec. 701. Short title. Sec. 702. Office of Inspector General whistleblower complaints. TITLE VIII—NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN STATUS OF INSPECTOR GENERAL Sec. 801. Notice of ongoing investigations when there is a change in status of Inspector General. TITLE IX—COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY APPROPRIATION VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6411 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2662 RS Sec. 901. CIGIE appropriation. TITLE X—NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS Sec. 1001. Notice of refusal to provide information or assistance to Inspectors General. TITLE XI—ENHANCEMENTS TO INSPECTOR GENERAL TRAINING Sec. 1101. Short title. Sec. 1102. Enhancements to Inspector General Training. TITLE XII—EQUITABLE PAY FOR INSPECTORS GENERAL Sec. 1201. Equitable pay for Inspectors General. TITLE XIII—REPORT Sec. 1301. GAO Review and Report. TITLE XIV—BUDGETARY EFFECTS Sec. 1401. Determination of budgetary effects. TITLE XV—SEVERABILITY Sec. 1501. Severability. TITLE I—INSPECTOR GENERAL 1 INDEPENDENCE 2 SEC. 101. SHORT TITLE. 3 This title may be cited as the ‘‘Inspector General 4 Independence Act’’. 5 SEC. 102. AMENDMENT. 6 The Inspector General Act of 1978 (5 U.S.C. App.) 7 is amended— 8 (1) in section 3(b)— 9 (A) by striking ‘‘An Inspector General’’ 10 and inserting: 11 ‘‘(1) An Inspector General’’; 12 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2662 RS (B) by inserting after ‘‘by the President’’ 1 the following: ‘‘in accordance with paragraph 2 (2)’’; and 3 (C) by inserting at the end the following 4 new paragraph: 5 ‘‘(2) The President may remove an Inspector 6 General only for any of the following grounds (and 7 the documentation of any such ground shall be in- 8 cluded in the communication required pursuant to 9 paragraph (1)): 10 ‘‘(A) Documented permanent incapacity. 11 ‘‘(B) Documented neglect of duty. 12 ‘‘(C) Documented malfeasance. 13 ‘‘(D) Documented conviction of a felony or con- 14 duct involving moral turpitude. 15 ‘‘(E) Documented knowing violation of a law or 16 regulation. 17 ‘‘(F) Documented gross mismanagement. 18 ‘‘(G) Documented gross waste of funds. 19 ‘‘(H) Documented abuse of authority. 20 ‘‘(I) Documented inefficiency.’’; and 21 (2) in section 8G(e)(2), by adding at the end 22 the following: ‘‘An Inspector General may be re- 23 moved only for any of the following grounds (and 24 the documentation of any such ground shall be in- 25 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2662 RS cluded in the communication required pursuant to 1 this paragraph): 2 ‘‘(A) Documented permanent incapacity. 3 ‘‘(B) Documented neglect of duty. 4 ‘‘(C) Documented malfeasance. 5 ‘‘(D) Documented conviction of a felony or 6 conduct involving moral turpitude. 7 ‘‘(E) Documented knowing violation of a 8 law or regulation. 9 ‘‘(F) Documented gross mismanagement. 10 ‘‘(G) Documented gross waste of funds. 11 ‘‘(H) Documented abuse of authority. 12 ‘‘(I) Documented inefficiency.’’. 13 SEC. 103. REMOVAL OR TRANSFER REQUIREMENTS. 14 (a) REASONS FOR REMOVAL OR TRANSFER.—Section 15 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), 16 as amended by section 102, is further amended— 17 (1) in paragraph (1), by striking ‘‘reasons’’ and 18 inserting ‘‘substantive rationale, including detailed 19 and case-specific reasons,’’; and 20 (2) by inserting at the end the following new 21 paragraph: 22 ‘‘(3) If there is an open or completed inquiry 23 into an Inspector General that relates to the removal 24 or transfer of the Inspector General under para- 25 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2662 RS graph (1), the written communication required 1 under that paragraph shall— 2 ‘‘(A) identify each entity that is con- 3 ducting, or that conducted, the inquiry; and 4 ‘‘(B) in the case of a completed inquiry, 5 contain the findings made during the inquiry.’’. 6 (b) REASONS FOR REMOVAL OR TRANSFER FOR DES- 7 IGNATED FEDERAL ENTITIES.—Section 8G(e) of the In- 8 spector General Act of 1978 (5 U.S.C. App.) is amend- 9 ed— 10 (1) in paragraph (2), by striking ‘‘reasons’’ and 11 inserting ‘‘substantive rationale, including detailed 12 and case-specific reasons,’’; and 13 (2) by inserting at the end the following new 14 paragraph: 15 ‘‘(3) If there is an open or completed inquiry 16 into an Inspector General that relates to the removal 17 or transfer of the Inspector General under para- 18 graph (2), the written communication required 19 under that paragraph shall— 20 ‘‘(A) identify each entity that is con- 21 ducting, or that conducted, the inquiry; and 22 ‘‘(B) in the case of a completed inquiry, 23 contain the findings made during the inquiry.’’. 24 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2662 RS TITLE II—CONGRESSIONAL NO- 1 TIFICATION OF CHANGE IN 2 STATUS OF INSPECTOR GEN- 3 ERAL 4 SEC. 201. SHORT TITLE. 5 This title may be cited as the ‘‘Inspector General Pro- 6 tection Act’’. 7 SEC. 202. CHANGE IN STATUS OF INSPECTOR GENERAL OF- 8 FICES. 9 (a) CHANGE IN STATUS OF INSPECTOR GENERAL OF 10 OFFICE.—Paragraph (1) of section 3(b) of the Inspector 11 General Act of 1978 (5 U.S.C. App.) is amended— 12 (1) by inserting ‘‘, is placed on paid or unpaid 13 non-duty status,’’ after ‘‘is removed from office’’; 14 (2) by inserting ‘‘, change in status,’’ after 15 ‘‘any such removal’’; and 16 (3) by inserting ‘‘, change in status,’’ after ‘‘be- 17 fore the removal’’. 18 (b) CHANGE IN STATUS OF INSPECTOR GENERAL OF 19 DESIGNATED FEDERAL ENTITY.—Section 8G(e)(2) of the 20 Inspector General Act of 1978 (5 U.S.C. App.) is amend- 21 ed— 22 (1) by inserting ‘‘, is placed on paid or unpaid 23 non-duty status,’’ after ‘‘office’’; 24 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2662 RS (2) by inserting ‘‘, change in status,’’ after 1 ‘‘any such removal’’; and 2 (3) by inserting ‘‘, change in status,’’ after ‘‘be- 3 fore the removal’’. 4 (c) EXCEPTION TO REQUIREMENT TO SUBMIT COM- 5 MUNICATION RELATING TO CERTAIN CHANGES IN STA- 6 TUS.— 7 (1) COMMUNICATION RELATING TO CHANGE IN 8 STATUS OF INSPECTOR GENERAL OF OFFICE.—Sec- 9 tion 3(b) of the Inspector General Act of 1978 (5 10 U.S.C. App.), as amended by section 102(1), is fur- 11 ther amended— 12 (A) in paragraph (1), by striking ‘‘If’’ and 13 inserting ‘‘Except as provided in paragraph (3), 14 if’’; and 15 (B) by adding at the end the following: 16 ‘‘(3) If an Inspector General is placed on paid 17 or unpaid non-duty status, the President may sub- 18 mit the communication described in paragraph (1) 19 to Congress later than 30 days before the Inspector 20 General is placed on paid or unpaid non-duty status, 21 but in any case not later than the date on which the 22 placement takes effect, if— 23 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2662 RS ‘‘(A) the President determines that a delay 1 in placing the Inspector General on paid or un- 2 paid non-duty status would— 3 ‘‘(i) pose a threat to the Inspector 4 General or others; 5 ‘‘(ii) result in the destruction of evi- 6 dence relevant to an investigation; or 7 ‘‘(iii) result in loss of or damage to 8 Government property; 9 ‘‘(B) in the communication, the President 10 includes— 11 ‘‘(i) a specification of which clause the 12 President relied on to make the determina- 13 tion under subparagraph (A); 14 ‘‘(ii) the substantive rationale, includ- 15 ing detailed and case-specific reasons, for 16 such determination; 17 ‘‘(iii) if the President relied on an in- 18 quiry to make such determination, an iden- 19 tification of each entity that is conducting, 20 or that conducted, such inquiry; and 21 ‘‘(iv) if an inquiry described in clause 22 (iii) is completed, the findings of that in- 23 quiry. 24 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2662 RS ‘‘(4) The President may not place an Inspector 1 General on paid or unpaid non-duty status during 2 the 30-day period preceding the date on which the 3 Inspector General is removed or transferred under 4 paragraph (1) unless the President— 5 ‘‘(A) determines that not placing the In- 6 spector General on paid or unpaid non-duty sta- 7 tus would— 8 ‘‘(i) pose a threat to the Inspector 9 General or others; 10 ‘‘(ii) result in the destruction of evi- 11 dence relevant to an investigation; or 12 ‘‘(iii) result in loss of or damage to 13 Government property; and 14 ‘‘(B) on or before the date on which the 15 placement takes effect, submits to the Com- 16 mittee in the House of Representatives and the 17 Committee in the Senate that has jurisdiction 18 over the Inspector General involved, the Com- 19 mittee on Oversight and Reform of the House 20 of Representatives, and the Committee on 21 Homeland Security and Governmental Affairs 22 of the Senate, a written communication that 23 contains the following information— 24 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2662 RS ‘‘(i) a specification of which clause 1 under subparagraph (A) the President re- 2 lied on to make the determination under 3 such subparagraph; 4 ‘‘(ii) the substantive rationale, includ- 5 ing detailed and case-specific reasons, for 6 such determination; 7 ‘‘(iii) if the President relied on an in- 8 quiry to make such determination, an iden- 9 tification of each entity that is conducting, 10 or that conducted, such inquiry; and 11 ‘‘(iv) if an inquiry described in clause 12 (iii) is completed, the findings of that in- 13 quiry.’’. 14 (2) COMMUNICATION RELATING TO CHANGE IN 15 STATUS OF INSPECTOR GENERAL OF DESIGNATED 16 FEDERAL ENTITY.—Section 8G(e) of the Inspector 17 General Act Inspector General Act of 1978 (5 18 U.S.C. App.) is amended— 19 (A) in paragraph (1), by striking ‘‘If’’ and 20 inserting ‘‘Except as provided in paragraph (3), 21 if’’; and 22 (B) by adding at the end the following: 23 ‘‘(3) If an Inspector General is placed on paid 24 or unpaid non-duty status, the head of a designated 25 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2662 RS Federal entity may submit the communication de- 1 scribed in paragraph (1) to Congress later than 30 2 days before the Inspector General is placed on paid 3 or unpaid non-duty status, but in any case not later 4 than the date on which the placement takes effect, 5 if— 6 ‘‘(A) the head determines that a delay in 7 placing the Inspector General on paid or unpaid 8 non-duty status would— 9 ‘‘(i) pose a threat to the Inspector 10 General or others; 11 ‘‘(ii) result in the destruction of evi- 12 dence relevant to an investigation; or 13 ‘‘(iii) result in loss of or damage to 14 Government property; 15 ‘‘(B) in the communication, the head in- 16 cludes— 17 ‘‘(i) a specification of which clause 18 under subparagraph (A) the head relied on 19 to make the determination under such sub- 20 paragraph; 21 ‘‘(ii) the substantive rationale, includ- 22 ing detailed and case-specific reasons, for 23 such determination; 24 VerDate Sep 11 2014 23:49 Dec 05, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\H2662.RS H2662 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 2662 RS ‘‘(iii) if the head relied on an inquiry 1 to make such determination, an identifica- 2 tion of each entity that is conducting, or 3 that conducted, such inquiry; and 4 ‘‘(iv) if an inquiry described in clause 5 (iii) is completed, the findings of that in- 6 qui [Text truncated for display. 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