79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–510 

WHISTLEBLOWER PROTECTION EXTENSION ACT OF 2017 

JANUARY 11, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. GOWDY, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 4043] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 4043) to amend the Inspector General 

Act of 1978 to reauthorize the whistleblower protection program, 

and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as 

amended do pass. 

CONTENTS 

Page 

Summary and Purpose of the Legislation ............................................................. 2 

Background and Need for Legislation .................................................................... 2 

Statement of Oversight Findings and Recommendations of the Committee ...... 2 

Statement of General Performance Goals and Objectives .................................... 3 

Legislative History .................................................................................................. 3 

Committee Consideration ........................................................................................ 3 

Roll Call Votes ......................................................................................................... 3 

Explanation of Amendments ................................................................................... 3 

Application of Law to the Legislative Branch ....................................................... 3 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rule Makings ..................................................................... 4 

Federal Advisory Committee Act ............................................................................ 4 

Unfunded Mandates Statement .............................................................................. 4 

Earmark Identification ............................................................................................ 4 

Committee Estimate ................................................................................................ 4 

New Budget Authority and Congressional Budget Office Cost Estimate ........... 4 

Section-by-Section .................................................................................................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

The amendments (stated in terms of the page and line numbers 

of the introduced bill) are as follows: 

Page 2, line 25, strike the period and insert a semicolon. 


lotter on DSKBCFDHB2PROD with REPORTS
2 

1Pub. L. No. 112–199, 126 Stat. 1465 (5 U.S.C. 101 note). 

2Pub. L. No. 95–452, 92 Stat. 101 (5 U.S.C. app.). 

3Whistleblower Protection Enhancement Act of 2012, Pub. L. No. 112–199. 

4 Id. 

5Letter from Michael E. Horowitz, Chair, and Kathy A. Buller, Chair of Legislation Comm., 

Council of the Inspectors General on Integrity and Efficiency, to Jason Chaffetz, Chairman, H. 

Comm. on Oversight & Gov’t Reform, and Ron Johnson, Chairman, S. Comm. on Homeland Security & Governmental Affairs (Feb. 24, 2017). 6 Id. 

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

(d) REPEAL OF SUNSET.— 

(1) IN GENERAL.—Subsection (c) of section 117 of the 

Whistleblower Protection Enhancement Act of 2012 

(Public Law 112–199; 126 Stat. 1475) is repealed. 

(2) RETROACTIVE EFFECTIVE DATE.—The amendment 

made by paragraph (1) shall take effect on November 

26, 2017. 

SUMMARY AND PURPOSE OF LEGISLATION

The Whistleblower Protection Extension Act of 2017 amends the 

Whistleblower Protection Enhancement Act of 2012 1 by eliminating the sunset provision therein and amends the functions and 

name of the whistleblower ombudsman in the Inspector General 

Act of 1978.2

BACKGROUND AND NEED FOR LEGISLATION

H.R. 4043 makes permanent a successful pilot program to educate federal employees regarding their rights related to blowing the 

whistle on government waste, fraud, and abuse. Whistleblowers are 

the front line of defense against waste, fraud, and abuse in the federal government. However, too many federal employees remain unaware of the legal framework that Congress put in place to protect 

whistleblowers. To improve federal employees’ awareness of their 

rights, Congress created the whistleblower ombudsman program in 

2012.3 Under the program, agency inspectors general select an individual to serve as the agency’s chief educator on whistleblower 

protections. The ombudsman—renamed the ‘‘Whistleblower Protection Coordinator’’ in the bill—is a central educational resource for 

agency employees who blow the whistle. 

The whistleblower ombudsman program was one component of 

the Whistleblower Protection Enhancement Act of 2012.4 Since that 

time, the inspector general community has pointed to the effectiveness of the program.5 Agency employees have been empowered to 

report waste, fraud, and abuse pursuant to the protections for 

whistleblowers.6 Those whistleblower reports position Congress, inspectors general, and agency managers to make the federal government more efficient and effective. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 


lotter on DSKBCFDHB2PROD with REPORTS
3 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of this bill is to amend the Inspector General Act of 1978 

to reauthorize the whistleblower protection program, and for other 

purposes. 

LEGISLATIVE HISTORY

On October 12, 2017, Representative Rod Blum (R–IA) introduced H.R. 4043, the Whistleblower Protection Extension Act of 

2017, with the Ranking Minority Member of the Committee, Representative Elijah Cummings (D–MD). H.R. 4043 was referred to 

the Committee on Oversight and Government Reform. The Committee considered H.R. 4043 at a business meeting on November 2, 

2017 and ordered the bill favorably reported, as amended, by voice 

vote. 

Senator Charles Grassley (R–OH) introduced S. 1869, the Senate 

companion to H.R. 4043, on September 27, 2017, with Senator Ron 

Johnson (R–WI), Senator Ron Wyden (D–OR), and Senator Claire 

McCaskill (D–MO). The Senate Committee on Homeland Security 

and Governmental Affairs considered S. 1869 at a business meeting 

on October 4, 2017 and ordered the bill reported favorably by voice 

vote. 

COMMITTEE CONSIDERATION

On November 2, 2017, the Committee met in open session and, 

with a quorum being present, ordered the bill favorably reported, 

as amended, by voice vote. 

ROLL CALL VOTES

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

EXPLANATION OF AMENDMENTS

During Committee consideration of the bill, Representative Rod 

Blum (R–IA) offered an amendment to allow the whistleblower ombudsman program to be extended if the current sunset provision is 

triggered on November 27, 2017. The amendment provides for a 

retroactive effective date, meaning even after the sunset provision 

triggers, the current bill can revive the program. The Blum amendment was adopted by voice vote. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill amends the Inspector 

General Act of 1978 to reauthorize the whistleblower protection 

program, and for other purposes. As such, this bill does not relate 

to employment or access to public services and accommodations. 


lotter on DSKBCFDHB2PROD with REPORTS
4 

DUPLICATION OF FEDERAL PROGRAMS

In accordance with clause 2(c)(5) of rule XIII no provision of this 

bill establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public 

Law 111–139, or a program related to a program identified in the 

most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

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

Code. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of Section 5(b) of the appendix to title 5, United States 

Code. 

UNFUNDED MANDATES STATEMENT

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

below. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI of the House of Representatives. 

COMMITTEE ESTIMATE

Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of the 

House of Representatives, the Committee includes below a cost estimate of the bill prepared by the Director of the Congressional 

Budget Office under section 402 of the Congressional Budget Act 

of 1974. 

NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE

COST ESTIMATE

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

Budget Act of 1974 is as follows: 


lotter on DSKBCFDHB2PROD with REPORTS
5 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, December 6, 2017. 

Hon. TREY GOWDY, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4043, the Whistleblower 

Protection Extension Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

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

H.R. 4043 would permanently extend the authority of all Inspector General (IG) offices to hire whistleblower protection ombudsmen. The specific authority to hire such employees has expired. 

Each of the 72 IG offices of the federal government currently have 

such an ombudsman. The bill also would create additional responsibilities for the ombudsmen and require additional reporting by 

IGs, agencies, and the Council of the Inspectors General on Integrity and Efficiency (CIGIE). 

Information from CIGIE and some IGs indicates that most of the 

additional responsibilities and reporting requirements in the bill 

would not impose a significant administrative burden. In addition, 

CBO expects that much of the work of the ombudsmen (whose job 

title would change to whistleblower protection coordinator under 

the bill) would be continued under current law. Therefore, CBO estimates that implementing H.R. 4043 would cost less than 

$500,000 annually; such spending would be subject to the availability of appropriated funds. 

Enacting H.R. 4043 could affect direct spending by agencies that 

are not funded through annual appropriations; therefore, pay-asyou-go procedures apply. CBO estimates, however, that any net increase in spending by those agencies would be negligible. Enacting 

the bill would not affect revenues. 

CBO estimates that enacting H.R. 4043 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 4043 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On December 5, 2017, CBO transmitted a cost estimate for S. 

1869, the Whistleblower Protection Coordination Act, as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on October 4, 2017. The two bills are similar and 

CBO’s estimates of the budgetary effects are the same. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 


lotter on DSKBCFDHB2PROD with REPORTS
6 

SECTION-BY-SECTION

Section 1. Short title 

The short title of the bill is the ‘‘Whistleblower Protection Extension Act of 2017.’’ 

Sec. 2. Purpose 

Section 2 amends the existing whistleblower ombudsman provision in the section 3(d) of the Inspector General Act of 1978, by renaming the ‘‘Whistleblower Protection Ombudsman’’ the ‘‘Whistleblower Protection Coordinator’’ and expanding the coordinator’s responsibilities to provide agency employees with information on relief for whistleblower retaliation. In addition, the coordinator will 

assist the agency inspector general in promoting timely and appropriate handling of retaliation cases, and facilitate discussions between the Counsel of the Inspectors General on Integrity and Efficiency (CIGIE), the agency, Congress, and any other relevant entity 

regarding timely and efficient handling of retaliation cases. 

Section 2 also requires CIGIE to develop best practices for coordination and communication in promoting the timely and appropriate 

handling of protected disclosures and allegations of whistleblower 

retaliation. In addition, this section expands an existing inspector 

general report to include any adverse personnel actions or other 

consequences imposed on officials found to have engaged in whistleblower retaliation. Inspectors General would also be required to 

report whether the agency entered into a settlement agreement 

with the official that was found to have engaged in retaliation. The 

intent of this provision is to ensure Congress has information on 

whether a settlement exists, not to require the publication of personal or other identifying information or to require the disclosure 

of the contents of a settlement that is protected by a confidentiality 

agreement. 

Finally, section 2 repeals the sunset provision of the Whistleblower Protection Enhancement Act of 2012, making the whistleblower protection coordinator program permanent. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

INSPECTOR GENERAL ACT OF 1978 

* * * * * * * 

APPOINTMENT AND REMOVAL OF OFFICERS

SEC. 3. (a) There shall be at the head of each Office an Inspector 

General who shall be appointed by the President, by and with the 

advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability 

in accounting, auditing, financial analysis, law, management analVerDate Sep 11 2014 05:28 Jan 12, 2018 Jkt 079006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR510.XXX HR510

lotter on DSKBCFDHB2PROD with REPORTS
7 

ysis, public administration, or investigations. Each Inspector General shall report to and be under the general supervision of the 

head of the establishment involved or, to the extent such authority 

is delegated, the officer next in rank below such head, but shall not 

report to, or be subject to supervision by, any other officer of such 

establishment. Neither the head of the establishment nor the officer next in rank below such head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any 

audit or investigation, or from issuing any subpoena during the 

course of any audit or investigation. 

(b) An Inspector General may be removed from office by the 

President. If an Inspector General is removed from office or is 

transferred to another position or location within an establishment, 

the President shall communicate in writing the reasons for any 

such removal or transfer to both Houses of Congress, not later than 

30 days before the removal or transfer. Nothing in this subsection 

shall prohibit a personnel action otherwise authorized by law, other 

than transfer or removal. 

(c) For the purposes of section 7324 of title 5, United States 

Code, no Inspector General shall be considered to be an employee 

who determines policies to be pursued by the United States in the 

nationwide administration of Federal laws. 

(d)(1) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service— 

(A) appoint an Assistant Inspector General for Auditing who 

shall have the responsibility for supervising the performance of 

auditing activities relating to programs and operations of the 

establishment; 

(B) appoint an Assistant Inspector General for Investigations 

who shall have the responsibility for supervising the performance of investigative activities relating to such programs and 

operations; and 

(C) designate a Whistleblower Protection øOmbudsman who 

shall educate agency employees—¿ Coordinator who shall— 

(i) educate agency employees— 

ø(i)¿ (I) about prohibitions øon retaliation¿ against 

retaliation for protected disclosures; and 

ø(ii)¿ (II) who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation for protected disclosuresø.¿, 

including— 

(aa) the means by which employees may seek review of any allegation of reprisal, including the 

roles of the Office of the Inspector General, the Office of Special Counsel, the Merit Systems Protection Board, and any other relevant entities; and 

(bb) general information about the timeliness of 

such cases, the availability of any alternative dispute mechanisms, and avenues for potential relief; 

(ii) assist the Inspector General in promoting the timely 

and appropriate handling and consideration of protected 

disclosures and allegations of reprisal, to the extent practicable, by the Inspector General; and 

(iii) assist the Inspector General in facilitating communication and coordination with the Special Counsel, the 


lotter on DSKBCFDHB2PROD with REPORTS
8 

Council of the Inspectors General on Integrity and Efficiency, the agency, Congress, and any other relevant entity 

regarding the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and 

general matters regarding the implementation and administration of whistleblower protection laws, rules, and regulations. 

(2) The Whistleblower Protection øOmbudsman¿ Coordinator 

shall not act as a legal representative, agent, or advocate of the 

employee or former employee. 

(3) The Whistleblower Protection Coordinator shall have direct access to the Inspector General as needed to accomplish the requirements of this subsection. 

ø(3)¿ (4) For the purposes of this section, the requirement of the 

designation of a Whistleblower Protection Ombudsman under paragraph (1)(C) shall not apply to— 

(A) any agency that is an element of the intelligence community (as defined in section 3(4) of the National Security Act of 

1947 (50 U.S.C. 401a(4))); or 

(B) as determined by the President, any executive agency or 

unit thereof the principal function of which is the conduct of 

foreign intelligence or counter intelligence activities. 

(e) The annual rate of basic pay for an Inspector General (as defined under section 12(3)) shall be the rate payable for level III of 

the Executive Schedule under section 5314 of title 5, United States 

Code, plus 3 percent. 

(f) An Inspector General (as defined under section 8G(a)(6) or 

12(3)) may not receive any cash award or cash bonus, including any 

cash award under chapter 45 of title 5, United States Code. 

(g) Each Inspector General shall, in accordance with applicable 

laws and regulations governing the civil service, obtain legal advice 

from a counsel either reporting directly to the Inspector General or 

another Inspector General. 

* * * * * * * 

REPORTS

SEC. 5. (a) Each Inspector General shall, not later than April 30 

and October 31 of each year, prepare semiannual reports summarizing the activities of the Office during the immediately preceding 

six-month periods ending March 31 and September 30. Such reports shall include, but need not be limited to— 

(1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of such establishment disclosed by such activities during 

the reporting period; 

(2) a description of the recommendations for corrective action 

made by the Office during the reporting period with respect to 

significant problems, abuses, or deficiencies identified pursuant 

to paragraph (1); 

(3) an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed; 

(4) a summary of matters referred to prosecutive authorities 

and the prosecutions and convictions which have resulted; 


lotter on DSKBCFDHB2PROD with REPORTS
9 

(5) a summary of each report made to the head of the establishment under section 6(c)(2) during the reporting period; 

(6) a listing, subdivided according to subject matter, of each 

audit report, inspection reports, and evaluation reports issued 

by the Office during the reporting period and for each report, 

where applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported 

costs) and the dollar value of recommendations that funds be 

put to better use; 

(7) a summary of each particularly significant report; 

(8) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the total 

dollar value of questioned costs (including a separate category 

for the dollar value of unsupported costs), for reports— 

(A) for which no management decision had been made by 

the commencement of the reporting period; 

(B) which were issued during the reporting period; 

(C) for which a management decision was made during 

the reporting period, including— 

(i) the dollar value of disallowed costs; and 

(ii) the dollar value of costs not disallowed; and 

(D) for which no management decision has been made by 

the end of the reporting period; 

(9) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar 

value of recommendations that funds be put to better use by 

management, for reports— 

(A) for which no management decision had been made by 

the commencement of the reporting period; 

(B) which were issued during the reporting period; 

(C) for which a management decision was made during 

the reporting period, including— 

(i) the dollar value of recommendations that were 

agreed to by management; and 

(ii) the dollar value of recommendations that were 

not agreed to by management; and 

(D) for which no management decision has been made by 

the end of the reporting period; 

(10) a summary of each audit report, inspection reports, and 

evaluation reports issued before the commencement of the reporting period— 

(A) for which no management decision has been made by 

the end of the reporting period (including the date and 

title of each such report), an explanation of the reasons 

such management decision has not been made, and a 

statement concerning the desired timetable for achieving a 

management decision on each such report; 

(B) for which no establishment comment was returned 

within 60 days of providing the report to the establishment; and 

(C) for which there are any outstanding unimplemented 

recommendations, including the aggregate potential cost 

savings of those recommendations. 


lotter on DSKBCFDHB2PROD with REPORTS
10 

(11) a description and explanation of the reasons for any significant revised management decision made during the reporting period; 

(12) information concerning any significant management decision with which the Inspector General is in disagreement; 

(13) the information described under section 804(b) of the 

Federal Financial Management Improvement Act of 1996; 

(14)(A) an appendix containing the results of any peer review 

conducted by another Office of Inspector General during the reporting period; or 

(B) if no peer review was conducted within that reporting period, a statement identifying the date of the last peer review 

conducted by another Office of Inspector General; 

(15) a list of any outstanding recommendations from any 

peer review conducted by another Office of Inspector General 

that have not been fully implemented, including a statement 

describing the status of the implementation and why implementation is not complete; 

(16) a list of any peer reviews conducted by the Inspector 

General of another Office of the Inspector General during the 

reporting period, including a list of any outstanding recommendations made from any previous peer review (including 

any peer review conducted before the reporting period) that remain outstanding or have not been fully implemented; 

(17) statistical tables showing— 

(A) the total number of investigative reports issued during the reporting period; 

(B) the total number of persons referred to the Department of Justice for criminal prosecution during the reporting period; 

(C) the total number of persons referred to State and 

local prosecuting authorities for criminal prosecution during the reporting period; and 

(D) the total number of indictments and criminal informations during the reporting period that resulted from any 

prior referral to prosecuting authorities; 

(18) a description of the metrics used for developing the data 

for the statistical tables under paragraph (17); 

(19) a report on each investigation conducted by the Office 

involving a senior Government employee where allegations of 

misconduct were substantiated, including a detailed description of— 

(A) the facts and circumstances of the investigation; and 

(B) the status and disposition of the matter, including— 

(i) if the matter was referred to the Department of 

Justice, the date of the referral; and 

(ii) if the Department of Justice declined the referral, the date of the declination; 

ø(20) a detailed description of any instance of whistleblower 

retaliation, including information about the official found to 

have engaged in retaliation and what, if any, consequences the 

establishment imposed to hold that official accountable;¿ 

(20)(A) a detailed description of any instance of whistleblower 

retaliation, including information about the official found to 

have engaged in retaliation; and 


lotter on DSKBCFDHB2PROD with REPORTS
11 

(B) what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable; 

(21) a detailed description of any attempt by the establishment to interfere with the independence of the Office, including— 

(A) with budget constraints designed to limit the capabilities of the Office; and 

(B) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or 

significantly delayed access to information, including the 

justification of the establishment for such action; and 

(22) detailed descriptions of the particular circumstances of 

each— 

(A) inspection, evaluation, and audit conducted by the 

Office that is closed and was not disclosed to the public; 

and 

(B) investigation conducted by the Office involving a senior Government employee that is closed and was not disclosed to the public. 

(b) Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved not later than 

April 30 and October 31 of each year and shall be transmitted by 

such head to the appropriate committees or subcommittees of the 

Congress within thirty days after receipt of the report, together 

with a report by the head of the establishment containing— 

(1) any comments such head determines appropriate; 

(2) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar 

value of disallowed costs, for reports— 

(A) for which final action had not been taken by the 

commencement of the reporting period; 

(B) on which management decisions were made during 

the reporting period; 

(C) for which final action was taken during the reporting 

period, including— 

(i) the dollar value of disallowed costs that were recovered by management through collection, offset, 

property in lieu of cash, or otherwise; and 

(ii) the dollar value of disallowed costs that were 

written off by management; and 

(D) for which no final action has been taken by the end 

of the reporting period; 

(3) statistical tables showing the total number of audit reports, inspection reports, and evaluation reports and the dollar 

value of recommendations that funds be put to better use by 

management agreed to in a management decision, for reports— 

(A) for which final action had not been taken by the 

commencement of the reporting period; 

(B) on which management decisions were made during 

the reporting period; 

(C) for which final action was taken during the reporting 

period, including— 

(i) the dollar value of recommendations that were 

actually completed; and 


lotter on DSKBCFDHB2PROD with REPORTS
12 

(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; øand¿ 

(4) whether the establishment entered into a settlement agreement with the official described in subsection (a)(20)(A), which 

shall be reported regardless of any confidentiality agreement relating to the settlement agreement; and 

ø(4)¿ (5) a statement with respect to audit reports on which 

management decisions have been made but final action has not 

been taken, other than audit reports on which a management 

decision was made within the preceding year, containing— 

(A) a list of such audit reports and the date each such 

report was issued; 

(B) the dollar value of disallowed costs for each report; 

(C) the dollar value of recommendations that funds be 

put to better use agreed to by management for each report; 

and 

(D) an explanation of the reasons final action has not 

been taken with respect to each such audit report, 

except that such statement may exclude such audit reports 

that are under formal administrative or judicial appeal or upon 

which management of an establishment has agreed to pursue 

a legislative solution, but shall identify the number of reports 

in each category so excluded. 

(c) Within sixty days of the transmission of the semiannual reports of each Inspector General to the Congress, the head of each 

establishment shall make copies of such report available to the 

public upon request and at a reasonable cost. Within 60 days after 

the transmission of the semiannual reports of each establishment 

head to the Congress, the head of each establishment shall make 

copies of such report available to the public upon request and at 

a reasonable cost. 

(d) Each Inspector General shall report immediately to the head 

of the establishment involved whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, 

or deficiencies relating to the administration of programs and operations of such establishment. The head of the establishment shall 

transmit any such report to the appropriate committees or subcommittees of Congress within seven calendar days, together with 

a report by the head of the establishment containing any comments 

such head deems appropriate. 

(e)(1) Nothing in this section shall be construed to authorize the 

public disclosure of information which is— 

(A) specifically prohibited from disclosure by any other provision of law; 

(B) specifically required by Executive order to be protected 

from disclosure in the interest of national defense or national 

security or in the conduct of foreign affairs; or 

(C) a part of an ongoing criminal investigation. 

(2) Notwithstanding paragraph (1)(C), any report under this section may be disclosed to the public in a form which includes information with respect to a part of an ongoing criminal investigation 

if such information has been included in a public record. 


lotter on DSKBCFDHB2PROD with REPORTS
13 

(3) Except to the extent and in the manner provided under section 6103(f) of the Internal Revenue Code of 1986, nothing in this 

section or in any other provision of this Act shall be construed to 

authorize or permit the withholding of information from the Congress, or from any committee or subcommittee thereof. 

(4) Subject to any other provision of law that would otherwise 

prohibit disclosure of such information, the information described 

in paragraph (1) may be provided to any Member of Congress upon 

request. 

(5) An Office may not provide to Congress or the public any information that reveals the personally identifiable information of a 

whistleblower under this section unless the Office first obtains the 

consent of the whistleblower. 

(f) As used in this section— 

(1) the term ‘‘questioned cost’’ means a cost that is questioned by the Office because of— 

(A) an alleged violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other 

agreement or document governing the expenditure of 

funds; 

(B) a finding that, at the time of the audit, such cost is 

not supported by adequate documentation; or 

(C) a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable; 

(2) the term ‘‘unsupported cost’’ means a cost that is questioned by the Office because the Office found that, at the time 

of the audit, such cost is not supported by adequate documentation; 

(3) the term ‘‘disallowed cost’’ means a questioned cost that 

management, in a management decision, has sustained or 

agreed should not be charged to the Government; 

(4) the term ‘‘recommendation that funds be put to better 

use’’ means a recommendation by the Office that funds could 

be used more efficiently if management of an establishment 

took actions to implement and complete the recommendation, 

including— 

(A) reductions in outlays; 

(B) deobligation of funds from programs or operations; 

(C) withdrawal of interest subsidy costs on loans or loan 

guarantees, insurance, or bonds; 

(D) costs not incurred by implementing recommended 

improvements related to the operations of the establishment, a contractor or grantee; 

(E) avoidance of unnecessary expenditures noted in 

preaward reviews of contract or grant agreements; or 

(F) any other savings which are specifically identified; 

(5) the term ‘‘management decision’’ means the evaluation by 

the management of an establishment of the findings and recommendations included in an audit report and the issuance of 

a final decision by management concerning its response to such 

findings and recommendations, including actions concluded to 

be necessary; 

(6) the term ‘‘final action’’ means— 

(A) the completion of all actions that the management of 

an establishment has concluded, in its management deciVerDate Sep 11 2014 05:28 Jan 12, 2018 Jkt 079006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR510.XXX HR510

lotter on DSKBCFDHB2PROD with REPORTS
14 

sion, are necessary with respect to the findings and recommendations included in an audit report; and 

(B) in the event that the management of an establishment concludes no action is necessary, final action occurs 

when a management decision has been made; and 

(7) the term ‘‘senior Government employee’’ means— 

(A) an officer or employee in the executive branch (including a special Government employee as defined in section 202 of title 18, United States Code) who occupies a position classified at or above GS–15 of the General Schedule 

or, in the case of positions not under the General Schedule, 

for which the rate of basic pay is equal to or greater than 

120 percent of the minimum rate of basic pay payable for 

GS–15 of the General Schedule; and 

(B) any commissioned officer in the Armed Forces in pay 

grades O–6 and above. 

* * * * * * * 

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

(a) ESTABLISHMENT AND MISSION.— (1) ESTABLISHMENT.—There is established as an independent 

entity within the executive branch the Council of the Inspectors General on Integrity and Efficiency (in this section referred to as the ‘‘Council’’). 

(2) MISSION.—The mission of the Council shall be to— 

(A) address integrity, economy, and effectiveness issues 

that transcend individual Government agencies; and 

(B) increase the professionalism and effectiveness of personnel by developing policies, standards, and approaches 

to aid in the establishment of a well-trained and highly 

skilled workforce in the offices of the Inspectors General. 

(b) MEMBERSHIP.— (1) IN GENERAL.—The Council shall consist of the following 

members: 

(A) All Inspectors General whose offices are established 

under— 

(i) section 2; or 

(ii) section 8G. 

(B) The Inspectors General of the Intelligence Community and the Central Intelligence Agency. 

(C) The Controller of the Office of Federal Financial 

Management. 

(D) A senior level official of the Federal Bureau of Investigation designated by the Director of the Federal Bureau 

of Investigation. 

(E) The Director of the Office of Government Ethics. 

(F) The Special Counsel of the Office of Special Counsel. 

(G) The Deputy Director of the Office of Personnel Management. 

(H) The Deputy Director for Management of the Office 

of Management and Budget. 

(I) The Inspectors General of the Library of Congress, 

Capitol Police, Government Printing Office, Government 

Accountability Office, and the Architect of the Capitol. 


lotter on DSKBCFDHB2PROD with REPORTS
15 

(2) CHAIRPERSON AND EXECUTIVE CHAIRPERSON.— 

(A) EXECUTIVE CHAIRPERSON.—The Deputy Director for 

Management of the Office of Management and Budget 

shall be the Executive Chairperson of the Council. 

(B) CHAIRPERSON.—The Council shall elect 1 of the Inspectors General referred to in paragraph (1)(A) or (B) to 

act as Chairperson of the Council. The term of office of the 

Chairperson shall be 2 years. 

(3) FUNCTIONS OF CHAIRPERSON AND EXECUTIVE CHAIRPERSON.— 

(A) EXECUTIVE CHAIRPERSON.—The Executive Chairperson shall— 

(i) preside over meetings of the Council; 

(ii) provide to the heads of agencies and entities represented on the Council summary reports of the activities of the Council; and 

(iii) provide to the Council such information relating 

to the agencies and entities represented on the Council as assists the Council in performing its functions. 

(B) CHAIRPERSON.—The Chairperson shall— 

(i) convene meetings of the Council— 

(I) at least 6 times each year; 

(II) monthly to the extent possible; and 

(III) more frequently at the discretion of the 

Chairperson; 

(ii) carry out the functions and duties of the Council 

under subsection (c); 

(iii) appoint a Vice Chairperson to assist in carrying 

out the functions of the Council and act in the absence 

of the Chairperson, from a category of Inspectors General described in subparagraph (A)(i), (A)(ii), or (B) of 

paragraph (1), other than the category from which the 

Chairperson was elected; 

(iv) make such payments from funds otherwise 

available to the Council as may be necessary to carry 

out the functions of the Council; 

(v) select, appoint, and employ personnel as needed 

to carry out the functions of the Council subject to the 

provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 

of such title, relating to classification and General 

Schedule pay rates; 

(vi) to the extent and in such amounts as may be 

provided in advance by appropriations Acts, made 

available from the revolving fund established under 

subsection (c)(3)(B), or as otherwise provided by law, 

enter into contracts and other arrangements with public agencies and private persons to carry out the functions and duties of the Council; 

(vii) establish, in consultation with the members of 

the Council, such committees as determined by the 

Chairperson to be necessary and appropriate for the 

efficient conduct of Council functions; and 


lotter on DSKBCFDHB2PROD with REPORTS
16 

(viii) prepare and transmit an annual report on behalf of the Council on the activities of the Council to— 

(I) the President; 

(II) the appropriate committees of jurisdiction of 

the Senate and the House of Representatives; 

(III) the Committee on Homeland Security and 

Governmental Affairs of the Senate; and 

(IV) the Committee on Oversight and Government Reform of the House of Representatives. 

(c) FUNCTIONS AND DUTIES OF COUNCIL.— (1) IN GENERAL.—The Council shall— 

(A) continually identify, review, and discuss areas of 

weakness and vulnerability in Federal programs and operations with respect to fraud, waste, and abuse; 

(B) develop plans for coordinated, Governmentwide activities that address these problems and promote economy 

and efficiency in Federal programs and operations, including interagency and interentity audit, investigation, inspection, and evaluation programs and projects to deal efficiently and effectively with those problems concerning 

fraud and waste that exceed the capability or jurisdiction 

of an individual agency or entity; 

(C) develop policies that will aid in the maintenance of 

a corps of well-trained and highly skilled Office of Inspector General personnel; 

(D) maintain an Internet website and other electronic 

systems for the benefit of all Inspectors General, as the 

Council determines are necessary or desirable; 

(E) maintain 1 or more academies as the Council considers desirable for the professional training of auditors, 

investigators, inspectors, evaluators, and other personnel 

of the various offices of Inspector General; 

(F) submit recommendations of individuals to the appropriate appointing authority for any appointment to an office of Inspector General described under subsection 

(b)(1)(A) or (B); 

(G) make such reports to Congress as the Chairperson 

determines are necessary or appropriate; 

(H) except for matters coordinated among Inspectors 

General under section 3033 of title 50, United States Code, 

receive, review, and mediate any disputes submitted in 

writing to the Council by an Office of Inspector General regarding an audit, investigation, inspection, evaluation, or 

project that involves the jurisdiction of more than one Office of Inspector General; and 

(I) perform other duties within the authority and jurisdiction of the Council, as appropriate. 

(2) ADHERENCE AND PARTICIPATION BY MEMBERS.—To the extent permitted under law, and to the extent not inconsistent 

with standards established by the Comptroller General of the 

United States for audits of Federal establishments, organizations, programs, activities, and functions, each member of the 

Council, as appropriate, shall— 

(A) adhere to professional standards developed by the 

Council; and 


lotter on DSKBCFDHB2PROD with REPORTS
17 

(B) participate in the plans, programs, and projects of 

the Council, except that in the case of a member described 

under subsection (b)(1)(I), the member shall participate 

only to the extent requested by the member and approved 

by the Executive Chairperson and Chairperson. 

(3) ADDITIONAL ADMINISTRATIVE AUTHORITIES.— (A) INTERAGENCY FUNDING.—Notwithstanding section 

1532 of title 31, United States Code, or any other provision 

of law prohibiting the interagency funding of activities described under subclause (I), (II), or (III) of clause (i), in the 

performance of the responsibilities, authorities, and duties 

of the Council— 

(i) the Executive Chairperson may authorize the use 

of interagency funding for— 

(I) Governmentwide training of employees of the 

Offices of the Inspectors General; 

(II) the functions of the Integrity Committee of 

the Council; and 

(III) any other authorized purpose determined 

by the Council; and 

(ii) upon the authorization of the Executive Chairperson, any Federal agency or designated Federal entity (as defined in section 8G(a)) which has a member 

on the Council shall fund or participate in the funding 

of such activities. 

(B) REVOLVING FUND.— (i) IN GENERAL.—The Council may— 

(I) establish in the Treasury of the United 

States a revolving fund to be called the Inspectors 

General Council Fund; or 

(II) enter into an arrangement with a department or agency to use an existing revolving fund. 

(ii) AMOUNTS IN REVOLVING FUND.— (I) IN GENERAL.—Amounts transferred to the 

Council under this subsection shall be deposited 

in the revolving fund described under clause (i)(I) 

or (II). 

(II) TRAINING.—Any remaining unexpended balances appropriated for or otherwise available to 

the Inspectors General Criminal Investigator 

Academy and the Inspectors General Auditor 

Training Institute shall be transferred to the revolving fund described under clause (i)(I) or (II). 

(iii) USE OF REVOLVING FUND.— 

(I) IN GENERAL.—Except as provided under subclause (II), amounts in the revolving fund described under clause (i)(I) or (II) may be used to 

carry out the functions and duties of the Council 

under this subsection. 

(II) TRAINING.—Amounts transferred into the 

revolving fund described under clause (i)(I) or (II) 

may be used for the purpose of maintaining any 

training academy as determined by the Council. 

(iv) AVAILABILITY OF FUNDS.—Amounts in the revolving fund described under clause (i)(I) or (II) shall 


lotter on DSKBCFDHB2PROD with REPORTS
18 

remain available to the Council without fiscal year 

limitation. 

(C) SUPERSEDING PROVISIONS.—No provision of law enacted after the date of enactment of this subsection shall 

be construed to limit or supersede any authority under 

subparagraph (A) or (B), unless such provision makes specific reference to the authority in that paragraph. 

(4) EXISTING AUTHORITIES AND RESPONSIBILITIES.—The establishment and operation of the Council shall not affect— 

(A) the role of the Department of Justice in law enforcement and litigation; 

(B) the authority or responsibilities of any Government 

agency or entity; and 

(C) the authority or responsibilities of individual members of the Council. 

(5) ADDITIONAL RESPONSIBILITIES RELATING TO WHISTLEBLOWER PROTECTION.—The Council shall— 

(A) facilitate the work of the Whistleblower Protection Coordinators designated under section 3(d)(C); and 

(B) in consultation with the Office of Special Counsel and 

Whistleblower Protection Coordinators from the member offices of the Inspector General, develop best practices for coordination and communication in promoting the timely and 

appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, in accordance with Federal law. 

(d) INTEGRITY COMMITTEE.— 

(1) ESTABLISHMENT.—The Council shall have an Integrity 

Committee, which shall receive, review, and refer for investigation allegations of wrongdoing that are made against Inspectors General and staff members of the various Offices of Inspector General described under paragraph (4)(C). 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The Integrity Committee shall consist 

of the following members: 

(i) The official of the Federal Bureau of Investigation serving on the Council. 

(ii) Four Inspectors General described in subparagraph (A) or (B) of subsection (b)(1) appointed by the 

Chairperson of the Council, representing both establishments and designated Federal entities (as that 

term is defined in section 8G(a)). 

(iii) The Director of the Office of Government Ethics 

or the designee of the Director. 

(B) CHAIRPERSON.— 

(i) IN GENERAL.—The Integrity Committee shall 

elect one of the Inspectors General referred to in subparagraph (A)(ii) to act as Chairperson of the Integrity 

Committee. 

(ii) TERM.—The term of office of the Chairperson of 

the Integrity Committee shall be 2 years. 

(3) LEGAL ADVISOR.—The Chief of the Public Integrity Section of the Criminal Division of the Department of Justice, or 


lotter on DSKBCFDHB2PROD with REPORTS
19 

his designee, shall serve as a legal advisor to the Integrity 

Committee. 

(4) REFERRAL OF ALLEGATIONS.— 

(A) REQUIREMENT.—An Inspector General shall refer to 

the Integrity Committee any allegation of wrongdoing 

against a staff member of the office of that Inspector General, if— 

(i) review of the substance of the allegation cannot 

be assigned to an agency of the executive branch with 

appropriate jurisdiction over the matter; and 

(ii) the Inspector General determines that— 

(I) an objective internal investigation of the allegation is not feasible; or 

(II) an internal investigation of the allegation 

may appear not to be objective. 

(B) DEFINITION.—In this paragraph the term ‘‘staff member’’ means any employee of an Office of Inspector General 

who— 

(i) reports directly to an Inspector General; or 

(ii) is designated by an Inspector General under subparagraph (C). 

(C) DESIGNATION OF STAFF MEMBERS.—Each Inspector 

General shall annually submit to the Chairperson of the 

Integrity Committee a designation of positions whose holders are staff members for purposes of subparagraph (B). 

(5) REVIEW OF ALLEGATIONS.— 

(A) IN GENERAL.—Not later than 7 days after the date on 

which the Integrity Committee receives an allegation of 

wrongdoing against an Inspector General or against a staff 

member of an Office of Inspector General described under 

paragraph (4)(C), the allegation of wrongdoing shall be reviewed and referred to the Department of Justice or the 

Office of Special Counsel for investigation, or to the Integrity Committee for review, as appropriate, by— 

(i) a representative of the Department of Justice, as 

designated by the Attorney General; 

(ii) a representative of the Office of Special Counsel, 

as designated by the Special Counsel; and 

(iii) a representative of the Integrity Committee, as 

designated by the Chairperson of the Integrity Committee. 

(B) REFERRAL TO THE CHAIRPERSON.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

not later than 30 days after the date on which an allegation of wrongdoing is referred to the Integrity Committee under subparagraph (A), the Integrity Committee shall determine whether to refer the allegation 

of wrongdoing to the Chairperson of the Integrity 

Committee to initiate an investigation. 

(ii) EXTENSION.—The 30-day period described in 

clause (i) may be extended for an additional period of 

30 days if the Integrity Committee provides written 

notice to the congressional committees described in 

paragraph (8)(A)(iii) that includes a detailed, case-speVerDate Sep 11 2014 05:28 Jan 12, 2018 Jkt 079006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6601 E:\HR\OC\HR510.XXX HR510

lotter on DSKBCFDHB2PROD with REPORTS
20 

cific description of why the additional time is needed 

to evaluate the allegation of wrongdoing. 

(6) AUTHORITY TO INVESTIGATE ALLEGATIONS.— 

(A) REQUIREMENT.—The Chairperson of the Integrity 

Committee shall cause a thorough and timely investigation 

of each allegation referred under paragraph (5)(B) to be 

conducted in accordance with this paragraph. 

(B) RESOURCES.—At the request of the Chairperson of 

the Integrity Committee, the head of each agency or entity 

represented on the Council— 

(i) shall provide assistance necessary to the Integrity 

Committee; and 

(ii) may detail employees from that agency or entity 

to the Integrity Committee, subject to the control and 

direction of the Chairperson, to conduct an investigation under this subsection. 

(7) PROCEDURES FOR INVESTIGATIONS.— 

(A) STANDARDS APPLICABLE.—Investigations initiated 

under this subsection shall be conducted in accordance 

with the most current Quality Standards for Investigations 

issued by the Council or by its predecessors (the President’s Council on Integrity and Efficiency and the Executive Council on Integrity and Efficiency). 

(B) ADDITIONAL POLICIES AND PROCEDURES.— 

(i) ESTABLISHMENT.—The Integrity Committee, in 

conjunction with the Chairperson of the Council, shall 

establish additional policies and procedures necessary 

to ensure fairness and consistency in— 

(I) determining whether to initiate an investigation; 

(II) conducting investigations; 

(III) reporting the results of an investigation; 

(IV) providing the person who is the subject of 

an investigation with an opportunity to respond to 

any Integrity Committee report; 

(V) except as provided in clause (ii), ensuring, to 

the extent possible, that investigations are conducted by Offices of Inspector General of similar 

size; 

(VI) creating a process for rotation of Inspectors 

General assigned to investigate allegations 

through the Integrity Committee; and 

(VII) creating procedures to avoid conflicts of interest for Integrity Committee investigations. 

(ii) EXCEPTION.—The requirement under clause 

(i)(V) shall not apply to any Office of Inspector General with less than 50 employees who are authorized 

to conduct audits or investigations. 

(iii) SUBMISSION TO CONGRESS.—The Council shall 

submit a copy of the policies and procedures established under clause (i) to the congressional committees 

of jurisdiction. 

(C) COMPLETION OF INVESTIGATION.—If an allegation of 

wrongdoing is referred to the Chairperson of the Integrity 


lotter on DSKBCFDHB2PROD with REPORTS
21 

Committee under paragraph (5)(B), the Chairperson of the 

Integrity Committee— 

(i) shall complete the investigation not later than 

150 days after the date on which the Integrity Committee made the referral; and 

(ii) if the investigation cannot be completed within 

the 150-day period described in clause (i), shall— 

(I) promptly notify the congressional committees 

described in paragraph (8)(A)(iii); and 

(II) brief the congressional committees described 

in paragraph (8)(A)(iii) every 30 days regarding 

the status of the investigation and the general 

reasons for delay until the investigation is complete. 

(D) CONCURRENT INVESTIGATION.—If an allegation of 

wrongdoing against an Inspector General or a staff member of an Office of Inspector General described under paragraph (4)(C) is referred to the Department of Justice or the 

Office of Special Counsel under paragraph (5)(A), the 

Chairperson of the Integrity Committee may conduct any 

related investigation referred to the Chairperson under 

paragraph (5)(B) concurrently with the Department of Justice or the Office of Special Counsel, as applicable. 

(E) REPORTS.— (i) INTEGRITY COMMITTEE INVESTIGATIONS.—For each 

investigation of an allegation of wrongdoing referred 

to the Chairperson of the Integrity Committee under 

paragraph (5)(B), the Chairperson of the Integrity 

Committee shall submit to members of the Integrity 

Committee and to the Chairperson of the Council a report containing the results of the investigation. 

(ii) OTHER INVESTIGATIONS.—For each allegation of 

wrongdoing referred to the Department of Justice or 

the Office of Special Counsel under paragraph (5)(A), 

the Attorney General or the Special Counsel, as applicable, shall submit to the Integrity Committee a report 

containing the results of the investigation. 

(iii) AVAILABILITY TO CONGRESS.— (I) IN GENERAL.—The congressional committees 

described in paragraph (8)(A)(iii) shall have access 

to any report authored by the Integrity Committee. 

(II) MEMBERS OF CONGRESS.—Subject to any 

other provision of law that would otherwise prohibit disclosure of such information, the Integrity 

Committee may provide any report authored by 

the Integrity Committee to any Member of Congress. 

(8) ASSESSMENT AND FINAL DISPOSITION.— (A) IN GENERAL.—With respect to any report received 

under paragraph (7)(E), the Integrity Committee shall— 

(i) assess the report; 

(ii) forward the report, with the recommendations of 

the Integrity Committee, including those on disciplinary action, within 30 days (to the maximum extent 


lotter on DSKBCFDHB2PROD with REPORTS
22 

practicable) after the completion of the investigation, 

to the Executive Chairperson of the Council and to the 

President (in the case of a report relating to an Inspector General of an establishment or any employee of 

that Inspector General) or the head of a designated 

Federal entity (in the case of a report relating to an 

Inspector General of such an entity or any employee 

of that Inspector General) for resolution; and 

(iii) submit the report, with the recommendations of 

the Integrity Committee, to the Committee on Homeland Security and Governmental Affairs of the Senate, 

the Committee on Oversight and Government Reform 

of the House of Representatives, and other congressional committees of jurisdiction; and 

(iv) following the submission of the report under 

clause (iii) and upon request by any Member of Congress, submit the report, with the recommendations of 

the Integrity Committee, to that Member. 

(B) DISPOSITION.—The Executive Chairperson of the 

Council shall report to the Integrity Committee the final 

disposition of the matter, including what action was taken 

by the President or agency head. 

(9) ANNUAL REPORT.—The Council shall submit to Congress 

and the President by December 31 of each year a report on the 

activities of the Integrity Committee during the preceding fiscal year, which shall include the following: 

(A) The number of allegations received. 

(B) The number of allegations referred to the Department of Justice or the Office of Special Counsel, including 

the number of allegations referred for criminal investigation. 

(C) The number of allegations referred to the Chairperson of the Integrity Committee for investigation. 

(D) The number of allegations closed without referral. 

(E) The date each allegation was received and the date 

each allegation was finally disposed of. 

(F) In the case of allegations referred to the Chairperson 

of the Integrity Committee, a summary of the status of the 

investigation of the allegations and, in the case of investigations completed during the preceding fiscal year, a 

summary of the findings of the investigations. 

(G) Other matters that the Council considers appropriate. 

(10) REQUESTS FOR MORE INFORMATION.—With respect to 

paragraphs (8) and (9), the Council shall provide more detailed 

information about specific allegations upon request from any 

Member of Congress. 

(11) NO RIGHT OR BENEFIT.—This subsection is not intended 

to create any right or benefit, substantive or procedural, enforceable at law by a person against the United States, its 

agencies, its officers, or any person. 

(12) ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL

OR DEPUTY SPECIAL COUNSEL.— 

(A) SPECIAL COUNSEL DEFINED.—In this paragraph, the 

term ‘‘Special Counsel’’ means the Special Counsel apVerDate Sep 11 2014 05:28 Jan 12, 2018 Jkt 079006 PO 00000 Frm 00022 Fmt 6659 Sfmt 6601 E:\HR\OC\HR510.XXX HR510

lotter on DSKBCFDHB2PROD with REPORTS
23 

pointed under section 1211(b) of title 5, United States 

Code. 

(B) AUTHORITY OF INTEGRITY COMMITTEE.— (i) IN GENERAL.—An allegation of wrongdoing 

against the Special Counsel or the Deputy Special 

Counsel may be received, reviewed, and referred for 

investigation to the same extent and in the same manner as in the case of an allegation against an Inspector 

General or against a staff member of an Office of Inspector General described under paragraph (4)(C), 

subject to the requirement that the representative designated by the Special Counsel under paragraph 

(5)(A)(ii) shall recuse himself or herself from the consideration of any allegation brought under this paragraph. 

(ii) COORDINATION WITH EXISTING PROVISIONS OF

LAW.—This paragraph shall not eliminate access to the 

Merit Systems Protection Board for review under section 7701 of title 5, United States Code. To the extent 

that an allegation brought under this paragraph involves section 2302(b)(8) of such title, a failure to obtain corrective action within 120 days after the date 

on which the allegation is received by the Integrity 

Committee shall, for purposes of section 1221 of such 

title, be considered to satisfy section 1214(a)(3)(B) of 

such title. 

(C) REGULATIONS.—The Integrity Committee may prescribe any rules or regulations necessary to carry out this 

paragraph, subject to such consultation or other requirements as may otherwise apply. 

(13) COMMITTEE RECORDS.—The Chairperson of the Council 

shall maintain the records of the Integrity Committee. 

* * * * * * * 

WHISTLEBLOWER PROTECTION ENHANCEMENT ACT OF 

2012 

* * * * * * * 

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

* * * * * * * 

SEC. 117. WHISTLEBLOWER PROTECTION OMBUDSMAN. 

(a) IN GENERAL.—Section 3 of the Inspector General Act of 1978 

(5 U.S.C. App.) is amended by striking subsection (d) and inserting 

the following: 

‘‘(d)(1) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service— 

‘‘(A) appoint an Assistant Inspector General for Auditing 

who shall have the responsibility for supervising the perVerDate Sep 11 2014 05:28 Jan 12, 2018 Jkt 079006 PO 00000 Frm 00023 Fmt 6659 Sfmt 6601 E:\HR\OC\HR510.XXX HR510

lotter on DSKBCFDHB2PROD with REPORTS
24 

formance of auditing activities relating to programs and 

operations of the establishment; 

‘‘(B) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising 

the performance of investigative activities relating to such 

programs and operations; and 

‘‘(C) designate a Whistleblower Protection Ombudsman 

who shall educate agency employees— 

‘‘(i) about prohibitions on retaliation for protected 

disclosures; and 

‘‘(ii) who have made or are contemplating making a 

protected disclosure about the rights and remedies 

against retaliation for protected disclosures. 

‘‘(2) The Whistleblower Protection Ombudsman shall not act 

as a legal representative, agent, or advocate of the employee or 

former employee. 

‘‘(3) For the purposes of this section, the requirement of the 

designation of a Whistleblower Protection Ombudsman under 

paragraph (1)(C) shall not apply to— 

‘‘(A) any agency that is an element of the intelligence 

community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))); or 

‘‘(B) as determined by the President, any executive agency or unit thereof the principal function of which is the 

conduct of foreign intelligence or counter intelligence activities.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 8D(j) of 

the Inspector General Act of 1978 (5 U.S.C. App.) is amended— 

(1) by striking ‘‘section 3(d)(1)’’ and inserting ‘‘section 

3(d)(1)(A)’’; and 

(2) by striking ‘‘section 3(d)(2)’’ and inserting ‘‘section 

3(d)(1)(B)’’. 

ø(c) SUNSET.— ø(1) IN GENERAL.—The amendments made by this section 

shall cease to have effect on the date that is 5 years after the 

date of enactment of this Act. 

ø(2) RETURN TO PRIOR AUTHORITY.—Upon the date described 

in paragraph (1), section 3(d) and section 8D(j) of the Inspector 

General Act of 1978 (5 U.S.C. App.) shall read as such sections 

read on the day before the date of enactment of this Act.¿ 

* * * * * * * 

Æ 


lotter on DSKBCFDHB2PROD with REPORTS