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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4679 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4679

  To amend the Inspector General Act of 1978 to expand the mission of 
Inspectors General, to provide for greater independence for Inspectors 
General, and to make Inspectors General more effective and accountable.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 1994

Mr. Spratt (for himself and Mr. Conyers) introduced the following bill; 
      which was referred to the Committee on Government Operations

_______________________________________________________________________

                                 A BILL

 
  To amend the Inspector General Act of 1978 to expand the mission of 
Inspectors General, to provide for greater independence for Inspectors 
General, and to make Inspectors General more effective and accountable.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Inspector General Reform Act of 
1994''.

SEC. 2. AMENDMENT OF INSPECTOR GENERAL ACT OF 1978.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Inspector General Act of 
1978 (5 U.S.C. App.).

SEC. 3. TECHNICAL AMENDMENT.

    The second section 8G is redesignated as section 8H.

SEC. 4. INSPECTION AND EVALUATION OF MANAGEMENT AND OTHER INTERNAL 
              CONTROLS.

    (a) Assistant Inspectors General for Inspection and Evaluation.--
Section 3 is amended by adding at the end the following:
    ``(e) Each Inspector General may, in accordance with applicable 
laws and regulations governing the civil service, appoint an Assistant 
Inspector General for Inspections and Evaluations who shall have the 
responsibility for supervising the inspection and evaluation of the 
adequacy of management and other internal controls of such programs and 
operations.''.
    (b) Duties of Inspectors General.--Section 4(a) is amended--
            (1) in paragraph (1) by inserting before the semicolon at 
        the end the following: ``, and to inspect and evaluate the 
        adequacy of management and internal controls of such programs 
        and operations, including the preparation of preventative 
        vulnerability assessments of those programs, systems, and 
        operations identified as being susceptible to fraud, waste, or 
        abuse'';
            (2) in paragraph (4) by striking ``and'' after the 
        semicolon at the end;
            (3) by redesignating paragraph (5) as paragraph (6); and
            (4) by inserting after paragraph (4) the following:
            ``(5) to make recommendations for improvement, to promote 
        the economy, efficiency, and effectiveness of agency programs 
        and operations; and''.
    (c) Strategic Plans and Increased Consultation.--Section 4(b)(1) is 
amended--
            (1) in subparagraph (B) by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (C) by striking the period and 
        inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(D) develop multiyear strategic plans for 
                assessing such establishment's risks and problems, 
                assign the resources required to implement these 
                strategies, and provide performance measures to 
                evaluate such progress.''; and
                    ``(E) consult regularly with the senior auditors, 
                inspectors, and investigators in that Office to solicit 
                their findings on systematic problems and patterns in 
                the establishment.''.
    (d) Conforming Amendment.--Section 2(1) is amended by inserting ``, 
inspections, evaluations,'' after ``audit''.

SEC. 5. ENSURING INDEPENDENCE OF OFFICES OF INSPECTORS GENERAL.

    (a) Responsibilities of Office Personnel to Prevent Conflicts of 
Interest.--
            (1) In general.--Section 3 is further amended by adding 
        after subsection (e) (as added by section 4(a) of this Act) the 
        following:
    ``(f)(1) An individual serving as an officer or employee of the 
Office of an establishment after having been employed in the 
establishment in another capacity shall not participate in the audit, 
inspection, or evaluation of any function in which the individual was 
involved while employed in the other capacity.
    ``(2) An individual serving as an officer or employee of the Office 
of an establishment shall not participate in the investigation of an 
individual or organization (including a Federal agency) with whom the 
individual serving has or had a personal, financial, business, or 
professional relationship.
    ``(3) An individual serving as an officer or employee of the Office 
of an establishment shall not participate in any audit, inspection, or 
evaluation of any function, or in the investigation of any individual 
or matter, if the individual so serving is negotiating or has an 
arrangement concerning prospective employment in the establishment in 
another capacity, unless--
            ``(A) the individual has notified their immediate 
        supervisor of such negotiation or arrangement; and
            ``(B) the supervisor has determined in writing for each 
        such audit, inspection, or evaluation that the potential for a 
        conflict of interest is too remote or inconsequential to affect 
        the integrity of the Office.
    ``(4) An individual who violates this subsection shall be fined in 
accordance with title 18, United States Code, or imprisoned for not 
more than 1 year, or both.''.
            (2) Application to designated federal entities.--Section 
        8G(g)(1) is amended by inserting after ``Sections'' the 
        following: ``3(f),''.
    (b) Terms of Inspectors General.--
            (1) Establishments.--Section 3(b) is amended--
                    (A) by striking ``(b)'' and inserting ``(2)''; and
                    (B) by inserting before and above paragraph (2), as 
                designated by paragraph (1) of this subsection, the 
                following:
    ``(b)(1) The term of an individual as Inspector General of an 
establishment shall be 5 years. An individual whose term as Inspector 
General has expired may continue to serve until a successor takes 
office.''.
            (2) Designated federal entities.--Section 8G(c) is 
        amended--
                    (A) by inserting ``(1)'' after ``(c)''; and
                    (B) by adding at the end the following:
    ``(2) The term of an individual as Inspector General of a 
designated Federal entity is 5 years. An individual whose term as 
Inspector General has expired may continue to serve until a successor 
takes office.''.
            (3) Expiration of terms of current inspectors general.--For 
        an individual serving a term as the Inspector General of an 
        establishment or designated Federal entity on the date of the 
        enactment of this Act, that term of service expires on the date 
        that is 180 days after that date of enactment but the 
        individual may continue to serve until a successor takes 
        office.
            (4) Completion of appointments.--The President and the 
        heads of designated Federal entities shall complete the 
        appointment of individuals as Inspectors General to fill all 
        vacancies described in paragraph (3) before the end of the 60-
        day period beginning on the date of the expiration of terms 
        under paragraph (2).
    (c) Limitation on Removal of Inspectors General.--
            (1) Establishments.--Section 3(b)(2) (as designated by 
        subsection (b)(1)(A) of this section) is amended--
                    (A) in the first sentence by inserting ``only for 
                good cause'' after ``by the President''; and
                    (B) in the second sentence by striking ``reasons'' 
                and inserting ``specific reasons and factual 
                circumstances''.
            (2) Designated federal entities.--Section 8G(e) is amended 
        to read as follows:
    ``(e)(1) The Inspector General of a designated Federal entity may 
be removed from office only by the head of the designated Federal 
entity, and only for good cause.
    ``(2) If an Inspector General is removed from office, the head of 
the designated Federal entity shall promptly communicate in writing the 
specific reasons and factual circumstances for that removal to both 
Houses of the Congress.''.
    (d) Recommendations on Appointment of Inspectors General.--
            (1) Recommendations.--Section 3 is further amended by 
        adding after subsection (f) (as added by subsection (a) of this 
        section) the following:
    ``(g)(1) The President's Council on Integrity and Effectiveness and 
the Executive Committee on Integrity and Effectiveness shall each 
develop a comprehensive list of candidates, together with their 
qualifications, for appointment as Inspectors General of establishments 
and designated Federal entities. Each council shall utilize the 
qualifying criteria set forth in section 3(a) in developing such a 
list.
    ``(2) Upon the occurrence of a vacancy in the position of Inspector 
General of an establishment or of a designated Federal entity, the 
President or the head of the designated Federal entity, respectively, 
shall request the President's Council on Integrity and Effectiveness 
and the Executive Committee on Integrity and Effectiveness to provide 
their lists under subparagraph (A) and to recommend individuals for 
appointment to the position. Not later than 5 days after receiving such 
a request, such council and such committee shall each submit a list 
under paragraph (1), and make recommendations pursuant to the 
request.''.
            (2) Appointments for designated federal entities.--Section 
        8G(c) is amended--
                    (A) by inserting ``(1)'' after ``(c)'';
                    (B) in paragraph (1) (as designated by the 
                amendment made by paragraph (1) of this subsection) by 
                inserting before the period at the end the following: 
                ``and from among individuals recommended by the 
                President's Council on Integrity and Effectiveness or 
                the Executive Committee on Integrity and Efficiency 
                (established by Executive Order 12805 of May 11, 1992) 
                in a list under section 3(g)''.
    (e) Consultation by Inspectors General.--
            (1) Establishments, generally.--Section 3(a) is amended--
                    (A) by inserting ``(1)'' after ``(a)'';
                    (B) by striking the second sentence of paragraph 
                (1) (as redesignated by subparagraph (A) of this 
                paragraph); and
                    (C) by adding at the end the following:
    ``(2) The Inspector General of an establishment shall consult with 
the head of the establishment on a regular basis in the performance of 
duties and responsibilities under section 4(a).''.
            (2) Designated federal entities, generally.--Section 8G(d) 
        is amended by striking the first sentence and inserting the 
        following: ``The Inspector General of a designated Federal 
        entity shall consult with the head of the designated Federal 
        entity on a regular basis in the performance of duties and 
        responsibilities under section 4(a).''.
            (3) Duties and responsibilities.--Section 4(a)(5) is 
        amended by striking ``and otherwise'' and inserting ``and such 
        consultations and other reports as the Inspector General 
        considers to be appropriate''.

SEC. 6. ENSURING FEDERAL AGENCY COOPERATION WITH INSPECTOR GENERAL 
              ACTIVITIES.

    (a) Prohibition on Actions To Prevent, Prohibit, or Interfere With 
Inspector General Activities and Notification Regarding Such Efforts or 
Actions.--
            (1) Prohibition with respect to establishments.--Section 3 
        is amended--
                    (A) in subsection (a)(1) (as designated by section 
                5(e)(1)(A) of this Act) by striking ``Neither the 
                head'' and all that follows through the end of that 
                sentence; and
                    (B) by adding after subsection (g) (as added by 
                section 5(d)(1) of this Act) the following:
    ``(h)(1) No official in the executive branch shall--
            ``(A) prevent or prohibit, or attempt to prevent or 
        prohibit, the Inspector General from initiating, carrying out, 
        or completing any evaluation, inspection, audit, or 
        investigation, or from issuing any subpoena in the course of 
        any such activity, except as provided in section 6(b)(4); or
            ``(B) interfere or attempt to interfere with the Inspector 
        General performing any activity authorized by this Act.
    ``(2) If the Inspector General of an establishment has reasonable 
grounds to believe that any act prohibited by paragraph (1) has 
occurred, the Inspector General shall expeditiously and simultaneously 
notify the President and the Committee on Governmental Affairs of the 
Senate, the Committee on Government Operations of the House of 
Representatives, and other appropriate committees of the Congress.''.
            (2) Prohibition with respect to designated federal 
        entities.--Section 8G(g)(1), as amended by this Act, is further 
        amended by inserting after ``3(f),'' (as added by section 
        5(a)(2) of this Act) the following: ``3(h),''.
            (3) Conforming amendment.--
                    (A) Section 8G(d), as amended by section 5(e)(2) of 
                this Act, is further amended by striking the second 
                sentence.
                    (B) Section 8(b)(1) is amended in the matter 
                preceding subparagraph (A) by striking 
                ``Notwithstanding the last two sentences of section 
                3(a),'' and inserting ``Notwithstanding section 
                3(h)(1),''.
                    (C) Section 8D(a)(1) is amended in the matter 
                preceding subparagraph (A) by striking 
                ``Notwithstanding the last two sentences of section 
                3(a),'' and inserting ``Notwithstanding section 
                3(h)(1),''.
                    (D) Section 8E(a)(1) is amended in the matter 
                preceding subparagraph (A) by striking 
                ``Notwithstanding the last two sentences of section 
                3(a),'' and inserting ``Notwithstanding section 
                3(h)(1),''.
    (b) Refusal by Agency To Provide Information or Assistance.--
            (1) Modification of agency authority to withhold 
        information or assistance.--Section 6(b)(1) is amended by 
        striking ``or regulation of the Federal agency from which the 
        information is requested''.
            (2) Notice regarding continuing refusal of agency to 
        provide information or assistance.--Section 6(b) is amended by 
        adding at the end the following:
    ``(3) If the head of a Federal agency continues to unreasonably 
refuse or fail to provide information or assistance to an Inspector 
General after the Inspector General reports under paragraph (2), the 
Inspector General shall expeditiously and simultaneously notify the 
President and the Committee on Governmental Affairs of the Senate, the 
Committee on Government Operations of the House of Representatives, and 
other appropriate committees of the Congress, except that all such 
notification may be delayed for 5 business days to allow for the 
service of a subpoena issued pursuant to section 6(a)(4), if the 
Inspector General determines that such delay is necessary to serve the 
interests of justice.''.
            (3) Repeal of restriction on authority to issue subpoenas 
        to federal agencies.--Section 6(a)(4) is amended by striking 
        ``: Provided'' and all that follows through the end of the 
        paragraph.''.
            (4) Requirements for issuing subpoenas to federal 
        agencies.--Section 6(b), as amended by paragraph (3) of this 
        subsection, is further amended by adding at the end the 
        following:
    ``(4) An Inspector General may not issue a subpoena under 
subsection (a)(4) that requires production by a Federal agency, 
unless--
            ``(A) the Inspector General has requested the head of the 
        agency to provide the information or document sought by the 
        subpoena to be produced; and
            ``(B) the head of the Federal agency has, in the judgment 
        of the Inspector General, unreasonably refused or failed to 
        provide that information or document.
    ``(5)(A) An Inspector General shall notify the Committee on 
Government Operations of the House of Representatives and the Committee 
on Governmental Affairs of the Senate of the issuance of any subpoena 
under subsection (a)(4) that requires production by a Federal agency or 
an officer or employee of a Federal agency, by not later than 5 
business days after the date the subpoena is issued.
    ``(B) An Inspector General may not delegate the authority to issue 
a subpoena described in subparagraph (A).
    ``(C) An Inspector General may bring an action to enforce a 
subpoena described in subparagraph (A) without the direction, approval, 
or control of the Attorney General.''.

SEC. 7. AUTHORITY OF OFFICES OF INSPECTORS GENERAL TO OBTAIN OFFICE 
              SPACE, EQUIPMENT, SUPPLIES, ETC. INDEPENDENTLY AND TO 
              HIRE LEGAL COUNSEL.

    (a) General Authority.--
            (1) Authority.--Section 6(c) is amended--
                    (A) by striking ``Each'' and inserting ``(1) Unless 
                obtained by the Inspector General of the establishment 
                under paragraph (2), each''; and
                    (B) by adding at the end the following:
    ``(2) The Inspector General of an establishment may directly obtain 
any office space, equipment, office supplies, communications 
facilities, or services otherwise available to the Office of the 
Inspector General under paragraph (1) in substantially the same manner 
as such space, equipment, supplies, facilities, or services may be 
obtained on behalf of the Office by the head of the establishment. The 
Director of the Office of Management and Budget shall direct a 
reasonable redistribution of agency funds to account for any space, 
equipment, supplies, facilities, or services so obtained.''.
            (2) Conforming amendment.--Section 8G(g)(1) is amended by 
        striking ``and (a)(8)'' and inserting ``, (a)(8), and (c)(2)''.
    (b) Authority to Hire Legal Counsel.--Each of section 6(a)(7) and 
section 8G(g)(2) is amended by inserting ``, including legal counsel,'' 
after ``officers and employees''.

SEC. 8. IMPROVED REPORTING.

    (a) Annual Reporting Requirements.--
            (1) Requirements.--Section 5 is amended--
                    (A) by striking ``Sec. 5. (a)'' and all that 
                follows through the material preceding paragraph (1) of 
                subsection (a) and inserting the following:
    ``Sec. 5. (a) Each Inspector General shall, not later than October 
31 of each year, prepare an annual report summarizing the activities of 
the Office during the preceding fiscal year. Each report shall 
include--''; and
                    (B) in subsection (b) by striking the material 
                preceding paragraph (1) and inserting the following:
    ``(b) Each Inspector General shall furnish reports under subsection 
(a) to the head of the establishment involved not later than October 31 
of each year. The head of an establishment shall transmit each such 
report to the appropriate committees or subcommittees of the Congress 
within 30 days after receipt of the report, together with a report by 
the head of the establishment containing--''.
            (2) Conforming amendments.--Sections 4(a)(2), 5(a)(3), 
        5(c), 8(f)(1), and 8A(c) are amended by striking ``semiannual'' 
        each place it appears and inserting ``annual''.
    (b) Public Availability of Annual Reports.--Section 5(c) is 
amended--
            (1) by inserting ``(1)'' after ``(c)'';
            (2) in the first sentence by striking ``sixty days'' and 
        inserting ``30 days'';
            (3) in the second sentence by striking ``60 days'' and 
        inserting ``30 days''; and
            (4) by adding at the end the following:
    ``(2) The Superintendent of Documents shall make available to 
depository libraries, as Government publications (as that term is used 
in chapter 19 of title 44, United States Code), each annual report of 
the Inspector General of an establishment under subsection (b) and each 
annual report of the head of an establishment under subsection (c).''.

SEC. 9. CONTENTS OF ANNUAL REPORTS.

    (a) In General.--Section 5 is amended--
            (1) in subsection (a)(1), (2), (3), and (12) by striking 
        ``significant'' each place it appears;
            (2) in subsection (a)(1) by inserting before the semicolon 
        the following: ``, and a separate analysis of the relative 
        significance and seriousness of the problems, abuses, and 
        deficiencies so described'';
            (3) in subsection (a)(7) by striking ``particularly 
        significant'';
            (4) in subsection (a)(11) by striking ``and'' after the 
        semicolon at the end;
            (5) in subsection (a)(12) by striking the period at the end 
        and inserting a semicolon;
            (6) by adding at the end of subsection (a) the following:
            ``(13) a description of the findings of inspections, 
        evaluations, and vulnerability assessments conducted under 
        section 4(a) (6) and (7) during the reporting period, including 
        information regarding the effectiveness of programs and 
        operations of the establishment in achieving the legislative 
        intent of the statutes that authorize those programs;
            ``(14) a listing of all criminal investigations by the 
        Inspector General that were completed in the reporting period, 
        and for each criminal investigation, a description of the 
        alleged or proven misconduct and of all actions (including 
        information or indictments, guilty pleas, trials, verdicts, 
        sentences imposed, and disciplinary proceedings or personnel 
        actions initiated or undertaken) which as a result of the 
        findings of the investigation--
                    ``(A) have been taken;
                    ``(B) will be taken; or
                    ``(C) have been recommended by the Inspector 
                General but will not be taken;
            ``(15) a listing of the specific prosecutive referrals made 
        by the Inspector General, and of investigations of similar 
        matters conducted without such a referral, that in the 
        reporting period the Inspector General determines will not be 
        prosecuted, including for each such referral or investigation--
                    ``(A) a brief or summary description of the alleged 
                misconduct involved;
                    ``(B) identification of the judicial district 
                involved; and
                    ``(C) the reasons provided by the Attorney General 
                for declining prosecution, or if prosecution is not 
                formally declined, for not instituting prosecution;
            ``(16) a summary of all criminal investigations that were 
        conducted by the Inspector General in the reporting period and 
        have not been completed; and
            ``(17) a description of the strategic plans for assessing 
        such establishment's risks and problems, the resources required 
        to implement such strategies for resolving the risks and 
        problems, and the performance measures utilized to evaluate the 
        implementation of these plans.''.
    (b) Protection of Identity of Subjects or Targets of 
Investigations.--Section 5(e) is amended--
            (1) in paragraph (1)(C) by inserting ``, except as provided 
        in paragraphs (15) and (16) of subsection (a)'' before the 
        period; and
            (2) by adding at the end the following:
    ``(3) Any information required to be included in an annual report 
under paragraph (14), (15), or (16) of subsection (a) may omit--
            ``(A) the identity of the subject or target of an 
        investigation, unless paragraph (2) applies; or
            ``(B) any specific information the disclosure of which 
        would likely compromise an ongoing undercover operation, 
        identify a confidential source, including a protected witness, 
        or constitute a threat to national security.''.
    (c) Requirement To Disclose Public Information Regarding Criminal 
Investigations.--Section 5(e)(2) is amended by striking ``may'' and 
inserting ``shall''.
    (d) Clarifying Duty To Provide Certain Information to Congress.--
Section 5(e)(3) is amended by striking the period at the end thereof 
and adding the following: ``including information with respect to an 
ongoing audit, inspection, evaluation, or investigation (criminal or 
otherwise), requested by the Congress or any of its committees or 
subcommittees.''.

SEC. 10. IMPROVING COORDINATION OF OFFICES OF INSPECTORS GENERAL WITH 
              DEPARTMENT OF JUSTICE.

    Section 4(d) is amended by--
            (1) inserting ``(1)'' after ``(d)''; and
            (2) adding at the end the following:
    ``(2)(A) Within 15 business days after initiating any investigation 
of any allegation of a possible violation of a Federal criminal law, an 
Inspector General shall seek to coordinate the investigation with the 
Attorney General, including by consulting with the Attorney General 
to--
            ``(i) obtain advice and guidance; and
            ``(ii) determine the need for investigative resources of 
        the Attorney General or for a Federal grand jury investigation 
        (including issuance of a grand jury subpoena); and
    ``(B) Subparagraph (A) does not apply to any criminal investigation 
which is completed within 15 business days after it is initiated and as 
to which the Inspector General has no reasonable grounds to believe a 
violation of law may have occurred.
    ``(C) Subparagraph (A) shall not be construed to authorize the 
Attorney General to limit the authority of an Inspector General to 
conduct an investigation.
    ``(3) An Inspector General shall notify the Committee on 
Governmental Affairs of the Senate and the Committee on Government 
Operations of the House of Representatives within 5 business days after 
the Attorney General declines orally or in writing to prosecute a 
matter referred to or otherwise brought to the attention of the 
Attorney General pursuant to paragraph (2) by the Inspector General.''.

SEC. 11. LAW ENFORCEMENT AUTHORITY OF INSPECTOR GENERAL PERSONNEL TO 
              CARRY WEAPONS AND EXECUTE WARRANTS UNDER CERTAIN 
              CONDITIONS.

    (a) Department of the Treasury.--Section 8D is amended by adding at 
the end the following:
    ``(i)(1) Qualified personnel of the Office of the Department of the 
Treasury may, for the purpose of investigating any allegation of a 
possible violation of Federal criminal law by any officer or employee 
of a Treasury law enforcement agency--
            ``(A) make an arrest without a warrant for any such 
        violation if such violation is committed, or if such personnel 
        has probable cause to believe that such violation is being 
        committed, in the presence of such personnel;
            ``(B) execute a warrant for an arrest, for the search of 
        premises, or the seizure of evidence if such warrant is issued 
        under authority of the United States upon probable cause to 
        believe that such violation has been committed; and
            ``(C) carry a firearm.
    ``(2) In the subsection--
            ``(A) the term `qualified personnel' means the Inspector 
        General and any person designated by the Inspector General for 
        purposes of this subsection; and
            ``(B) the term `Treasury law enforcement agency' means each 
        of--
                    ``(i) the Criminal Investigative Division of the 
                Internal Revenue Service;
                    ``(ii) the Bureau of Alcohol, Tobacco, and 
                Firearms;
                    ``(iii) the Secret Service; and
                    ``(iv) the Customs Service.''.
    (b) Other Establishments.--Section 6 is amendment by adding at the 
end the following:
    ``(e)(1) Qualified personnel of each Office may, subject to 
paragraph (2), for a period of time specified by the Attorney General 
and, for the purpose of investigating any allegation of a possible 
violation of Federal criminal law--
            ``(A) make an arrest without a warrant for any such 
        violation if such violation is committed, or if such personnel 
        has probable cause to believe that such violation is being 
        committed, in the presence of such personnel;
            ``(B) execute a warrant for an arrest, for the search of 
        premises, or the seizure of evidence if such warrant is issued 
        under authority of the United States upon probable cause to 
        believe that such violation has been committed; and
            ``(C) carry a firearm.
    ``(2) Notwithstanding any other law, qualified personnel of an 
Office may not exercise under this or any other law authorities 
described in paragraph (1)(A), (B), and (C) unless--
            ``(A) the Inspector General requests the Attorney General 
        to approve that authority with respect to that allegation; and
            ``(B)(i) the Attorney General approves that authority;
            ``(ii) the Attorney General fails to disapprove that 
        authority within 10 business days after the date of the 
        submission of the request by the Inspector General; or
            ``(iii) in the case of an urgent request described in 
        paragraph (3), the Attorney General fails to disapprove that 
        authority within 3 business days after the date of the 
        submission of the request by the Inspector General.
    ``(3) An urgent request is described in this paragraph if it 
contains a certification by the Inspector General submitting the 
request (including a description of the factual basis for the 
certification) that there is reason to believe that failure to approve 
the request within 3 business days will result in--
            ``(A) endangering the life or physical safety of any 
        person;
            ``(B) flight from prosecution;
            ``(C) destruction of or tampering with evidence;
            ``(D) intimidation of any potential witness; or
            ``(E) seriously jeopardizing an investigation or official 
        proceeding.
    ``(4) This subsection does not limit the law enforcement authority 
of--
            ``(A) personnel of the Office of the Department of Justice; 
        or
            ``(B) personnel of the Office of the Department of the 
        Treasury, under section 8D(i).
    ``(5) In the subsection the term `qualified personnel' means the 
Inspector General and any person designated by the Inspector General 
for purposes of this subsection.''.

SEC. 12. CLARIFYING AUTHORITY OF DEPARTMENT OF JUSTICE INSPECTOR 
              GENERAL WITH RESPECT TO OFFICE OF PROFESSIONAL 
              RESPONSIBILITY.

    Section 8E is amended--
            (1) in subsection (b)(1) by inserting ``and'' after the 
        semicolon at the end;
            (2) in subsection (b)(2) by striking ``; and'' and 
        inserting a period;
            (3) by striking paragraph (3) of subsection (b); and
            (4) by adding at the end the following:
    ``(d)(1) In carrying out the duties and responsibilities specified 
in this Act, the Inspector General of the Department of Justice shall 
have oversight responsibility for the internal investigations performed 
by the Office of Professional Responsibility of the Department, the 
Office of Inspections of the Federal Bureau of Investigation, the 
Office of Professional Responsibility of the Drug Enforcement 
Administration, and any other inspection or internal affairs office in 
the Department of Justice. The head of each of those offices shall 
promptly report to the Inspector General the significant activities 
being carried out by such office.
    ``(2) Notwithstanding paragraph (1), the Inspector General may 
initiate, conduct, and supervise such audits and investigations in the 
Department of Justice (including the Office of Professional 
Responsibility) as the Inspector General considers appropriate.
    ``(3)(A) If the Inspector General initiates an audit or 
investigation under paragraph (2) concerning the Office of Professional 
Responsibility, the Office of Inspections of the Federal Bureau of 
Investigation, the Office of Professional Responsibility of the Drug 
Enforcement Administration, or any other inspection or internal affairs 
office in the Department of Justice, the Inspector General may provide 
the head of that office with written notice that the Inspector General 
has initiated such an audit or investigation.
    ``(B) If the Inspector General provides a notice under subparagraph 
(A), no other audit or investigation shall be initiated into the matter 
under audit or investigation by the Inspector General and any other 
audit or investigation of such matter shall cease.''.

SEC. 13. ESTABLISHING DUTY OF INSPECTORS GENERAL TO MONITOR AGENCY 
              RESPONSE TO FINDINGS OF MISCONDUCT.

    (a) In General.--Section 4 is amended in subsection (a), as amended 
by subsection 4(b) of this Act, by striking ``and'' after the semicolon 
at the end of paragraph (5), by striking the period at the end of 
paragraph (6) and inserting ``; and'', and by adding at the end the 
following:
            ``(7) with respect to findings by the Inspector General 
        that indicate a serious problem, fraud, abuse, or deficiency 
        relating to the programs or operations of the establishment--
                    ``(A) monitor personnel or other actions proposed 
                or taken by the establishment in response to those 
                findings; and
                    ``(B) bring to the attention of the head of the 
                establishment for review any personnel action taken in 
                response to those findings, if the Inspector General 
                considers the action to be inadequate relative to the 
                seriousness of the problem, fraud, abuse, or deficiency 
                involved.''.
    (b) Information To Be Included in Annual Reports.--Section 5(a)(12) 
is amended by inserting before the period the following: ``, including 
information regarding each personnel or other action (without 
identifying any employee) for which a review was requested under 
section 4(b)(7)(B) if after such review the Inspector General considers 
the action to be inadequate''.

SEC. 14. SEPARATE APPROPRIATION ACCOUNTS.

    Section 1105(a)(25) of title 31, United States Code, is amended by 
inserting ``and of a designated Federal entity defined under section 
8G(a)(2) of that Act'' before the period.

SEC. 15. DIRECT BUDGET SUBMISSIONS.

    Section 1108 of title 31, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h)(1) Each Inspector General of an establishment or of a 
designated Federal entity shall prepare and submit to the President, 
each House of the Congress, and the head of that establishment or 
entity each appropriation request for that Inspector General's office.
    ``(2) As used in paragraph (1), the terms `Inspector General', 
`establishment', and `designated Federal entity' have the meanings 
given to them by sections 8G and 11 of the Inspector General Act of 
1978.''.

SEC. 16. WHISTLEBLOWER PROTECTIONS FOR EMPLOYEES PROVIDING INFORMATION 
              TO INSPECTORS GENERAL.

    (a) Unauthorized Disclosure of Whistleblower's Identity Not 
Permitted.--
            (1) In general.--Section 7(b) is amended by striking 
        ``employee, unless'' through the period and inserting 
        ``employee, except in accordance with a request of the Attorney 
        General for the purpose of a criminal investigation.''.
            (2) Remedy.--Section 7(b), as amended by paragraph (1), is 
        further amended--
                    (A) by striking ``(b)'' and inserting ``(b)(1)''; 
                and
                    (B) by adding at the end the following:
    ``(2)(A) As used in this paragraph, the term `Special Counsel' 
means the Special Counsel under subchapter II of chapter 12 of title 5, 
United States Code.
    ``(B) The Special Counsel may--
            ``(i) investigate any alleged violation of paragraph (1); 
        and
            ``(ii) if the Special Counsel determines that there is 
        reason to believe that such a violation has occurred, seek 
        disciplinary action under section 1215 of title 5, United 
        States Code, in the same manner as if it were a matter referred 
        to in subsection (a)(1)(B) of such section.''.
    (b) Notification Requirement.--Section 7 is amended by adding at 
the end the following:
    ``(d) The Inspector General shall ensure, at the time of receiving 
any complaint or information from an employee, that such employee is 
fully aware of any rights or remedies afforded such employee under--
            ``(1) subsections (b) and (c);
            ``(2) title 5, United States Code, with respect to a 
        prohibited personnel practice described in paragraph (8) or 
        (11) of section 2302(b) of such title (including the 
        investigative duties of the Office of Special Counsel);
            ``(3) sections 3729 through 3731 of title 31, United States 
        Code (popularly known as the `False Claims Act); and
            ``(4) any other authority by virtue of the complaint made 
        or information disclosed by such employee.
    ``(e)(1) If an Inspector General has information that might be 
evidence of an action or an intent to take an action described in 
paragraph (2) against an employee who provided information to an 
Inspector General, the Inspector General shall within a reasonable time 
disclose that information to the employee.
    ``(2) The action referred to paragraph (1) is any action that is in 
violation of subsection (c) or a prohibited personnel practice 
described in paragraph (8) or (11) of section 2303 of title 5, United 
States Code.''.

SEC. 17. EMPLOYEE AWARDS AND REQUESTS FOR SES POSITIONS.

    (a) Amendments.--Section 6(d) is amended--
            (1) by striking ``(d)'' and inserting ``(d)(1)''; and
            (2) by adding at the end the following:
    ``(2)(A) For purposes of the provisions of law cited in 
subparagraph (B)--
            ``(i) any authority conferred or obligation imposed under 
        any such provision on an `agency' or the `head of an agency' 
        shall, to the extent that it relates or would relate to 
        employees or positions in the Office of an Inspector General, 
        or former employees of any such Office, be deemed to be 
        conferred or imposed on such Office or such Inspector General, 
        as the case may be; and
            ``(ii) each Office of Inspector General shall otherwise be 
        considered to be independent of the establishment or designated 
        Federal entity (within the meaning of section 8G(a)(2)) in 
        which it is established.
    ``(B) This paragraph applies with respect to--
            ``(i) subchapter II of chapter 31 of title 5, United States 
        Code;
            ``(ii) subchapter VIII of chapter 33 of title 5, United 
        States Code; and
            ``(iii) subchapter I of chapter 45 of title 5, United 
        States Code.''.
    (b) Savings Provisions; Transition Provisions.--
            (1) Savings provisions.--Subject to paragraph (2), all 
        designations, exclusions, authorizations, and other aspects of 
        the Senior Executive Service affected by any of the amendments 
        made by this section (as further identified under paragraph 
        (2)) shall continue in effect, according to their terms, until 
        modified, terminated, superseded, or repealed by the President, 
        the Office of Personnel Management, or other appropriate 
        authority, with respect to matters within their respective 
        jurisdictions.
            (2) Transition provisions.--The Office of Personnel 
        Management shall prescribe regulations to ensure the 
        expeditious implementation of the amendments made by this 
        section.

SEC. 18. INELIGIBILITY OF INSPECTORS GENERAL FOR AWARDS.

    Section 6 is further amended by adding at the end the following:
    ``(e) An Inspector General shall not be eligible for any award or 
other form of recognition under chapter 45 of title 5, United States 
Code, except for a Presidential award.''.
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