I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Inspector General Re5 form Act of 1994’’.

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

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of the Inspector General Act of

4 1978 (5 U.S.C. App.).

5 SEC. 3. TECHNICAL AMENDMENT.

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

7 SEC. 4. INSPECTION AND EVALUATION OF MANAGEMENT

8 AND OTHER INTERNAL CONTROLS.

9 (a) ASSISTANT INSPECTORS GENERAL FOR INSPEC10 TION AND EVALUATION.—Section 3 is amended by adding

11 at the end the following:

12 ‘‘(e) Each Inspector General may, in accordance with

13 applicable laws and regulations governing the civil service,

14 appoint an Assistant Inspector General for Inspections

15 and Evaluations who shall have the responsibility for su16 pervising the inspection and evaluation of the adequacy

17 of management and other internal controls of such pro18 grams and operations.’’.

19 (b) DUTIES OF INSPECTORS GENERAL.—Section 4(a)

20 is amended—

21 (1) in paragraph (1) by inserting before the

22 semicolon at the end the following: ‘‘, and to inspect

23 and evaluate the adequacy of management and inter24 nal controls of such programs and operations, in25 cluding the preparation of preventative vulnerability
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1 assessments of those programs, systems, and oper2 ations identified as being susceptible to fraud, waste,

3 or abuse’’;

4 (2) in paragraph (4) by striking ‘‘and’’ after

5 the semicolon at the end;

6 (3) by redesignating paragraph (5) as para7 graph (6); and

8 (4) by inserting after paragraph (4) the follow9 ing:

10 ‘‘(5) to make recommendations for improve11 ment, to promote the economy, efficiency, and effec12 tiveness of agency programs and operations; and’’.

13 (c) STRATEGIC PLANS AND INCREASED CONSULTA14 TION.—Section 4(b)(1) is amended—

15 (1) in subparagraph (B) by striking ‘‘and’’

16 after the semicolon;

17 (2) in subparagraph (C) by striking the period

18 and inserting a semicolon; and

19 (3) by adding at the end the following:

20 ‘‘(D) develop multiyear strategic plans for

21 assessing such establishment’s risks and prob22 lems, assign the resources required to imple23 ment these strategies, and provide performance

24 measures to evaluate such progress.’’; and
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1 ‘‘(E) consult regularly with the senior

2 auditors, inspectors, and investigators in that

3 Office to solicit their findings on systematic

4 problems and patterns in the establishment.’’.

5 (d) CONFORMING AMENDMENT.—Section 2(1) is

6 amended by inserting ‘‘, inspections, evaluations,’’ after

7 ‘‘audit’’.

8 SEC. 5. ENSURING INDEPENDENCE OF OFFICES OF INSPEC9 TORS GENERAL.

10 (a) RESPONSIBILITIES OF OFFICE PERSONNEL TO

11 PREVENT CONFLICTS OF INTEREST.—

12 (1) IN GENERAL.—Section 3 is further amend13 ed by adding after subsection (e) (as added by sec14 tion 4(a) of this Act) the following:

15 ‘‘(f)(1) An individual serving as an officer or em16 ployee of the Office of an establishment after having been

17 employed in the establishment in another capacity shall

18 not participate in the audit, inspection, or evaluation of

19 any function in which the individual was involved while

20 employed in the other capacity.

21 ‘‘(2) An individual serving as an officer or employee

22 of the Office of an establishment shall not participate in

23 the investigation of an individual or organization (includ24 ing a Federal agency) with whom the individual serving
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1 has or had a personal, financial, business, or professional

2 relationship.

3 ‘‘(3) An individual serving as an officer or employee

4 of the Office of an establishment shall not participate in

5 any audit, inspection, or evaluation of any function, or in

6 the investigation of any individual or matter, if the individ7 ual so serving is negotiating or has an arrangement con8 cerning prospective employment in the establishment in

9 another capacity, unless—

10 ‘‘(A) the individual has notified their immediate

11 supervisor of such negotiation or arrangement; and

12 ‘‘(B) the supervisor has determined in writing

13 for each such audit, inspection, or evaluation that

14 the potential for a conflict of interest is too remote

15 or inconsequential to affect the integrity of the Of16 fice.

17 ‘‘(4) An individual who violates this subsection shall

18 be fined in accordance with title 18, United States Code,

19 or imprisoned for not more than 1 year, or both.’’.

20 (2) APPLICATION TO DESIGNATED FEDERAL

21 ENTITIES.—Section 8G(g)(1) is amended by insert22 ing after ‘‘Sections’’ the following: ‘‘3(f),’’.

23 (b) TERMS OF INSPECTORS GENERAL.—

24 (1) ESTABLISHMENTS.—Section 3(b) is

25 amended—
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1 (A) by striking ‘‘(b)’’ and inserting ‘‘(2)’’;

2 and

3 (B) by inserting before and above para4 graph (2), as designated by paragraph (1) of

5 this subsection, the following:

6 ‘‘(b)(1) The term of an individual as Inspector Gen7 eral of an establishment shall be 5 years. An individual

8 whose term as Inspector General has expired may continue

9 to serve until a successor takes office.’’.

10 (2) DESIGNATED FEDERAL ENTITIES.—Section

11 8G(c) is amended—

12 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

13 (B) by adding at the end the following:

14 ‘‘(2) The term of an individual as Inspector General

15 of a designated Federal entity is 5 years. An individual

16 whose term as Inspector General has expired may continue

17 to serve until a successor takes office.’’.

18 (3) EXPIRATION OF TERMS OF CURRENT IN19 SPECTORS GENERAL.—For an individual serving a

20 term as the Inspector General of an establishment or

21 designated Federal entity on the date of the enact22 ment of this Act, that term of service expires on the

23 date that is 180 days after that date of enactment

24 but the individual may continue to serve until a suc25 cessor takes office.
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1 (4) COMPLETION OF APPOINTMENTS.—The

2 President and the heads of designated Federal enti3 ties shall complete the appointment of individuals as

4 Inspectors General to fill all vacancies described in

5 paragraph (3) before the end of the 60-day period

6 beginning on the date of the expiration of terms

7 under paragraph (2).

8 (c) LIMITATION ON REMOVAL OF INSPECTORS GEN9 ERAL.—

10 (1) ESTABLISHMENTS.—Section 3(b)(2) (as

11 designated by subsection (b)(1)(A) of this section) is

12 amended—

13 (A) in the first sentence by inserting ‘‘only

14 for good cause’’ after ‘‘by the President’’; and

15 (B) in the second sentence by striking

16 ‘‘reasons’’ and inserting ‘‘specific reasons and

17 factual circumstances’’.

18 (2) DESIGNATED FEDERAL ENTITIES.—Section

19 8G(e) is amended to read as follows:

20 ‘‘(e)(1) The Inspector General of a designated Fed21 eral entity may be removed from office only by the head

22 of the designated Federal entity, and only for good cause.

23 ‘‘(2) If an Inspector General is removed from office,

24 the head of the designated Federal entity shall promptly

25 communicate in writing the specific reasons and factual
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1 circumstances for that removal to both Houses of the Con2 gress.’’.

3 (d) RECOMMENDATIONS ON APPOINTMENT OF IN4 SPECTORS GENERAL.—

5 (1) RECOMMENDATIONS.—Section 3 is further

6 amended by adding after subsection (f) (as added by

7 subsection (a) of this section) the following:

8 ‘‘(g)(1) The President’s Council on Integrity and Ef9 fectiveness and the Executive Committee on Integrity and

10 Effectiveness shall each develop a comprehensive list of

11 candidates, together with their qualifications, for appoint12 ment as Inspectors General of establishments and des13 ignated Federal entities. Each council shall utilize the

14 qualifying criteria set forth in section 3(a) in developing

15 such a list.

16 ‘‘(2) Upon the occurrence of a vacancy in the position

17 of Inspector General of an establishment or of a des18 ignated Federal entity, the President or the head of the

19 designated Federal entity, respectively, shall request the

20 President’s Council on Integrity and Effectiveness and the

21 Executive Committee on Integrity and Effectiveness to

22 provide their lists under subparagraph (A) and to rec23 ommend individuals for appointment to the position. Not

24 later than 5 days after receiving such a request, such

25 council and such committee shall each submit a list under
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1 paragraph (1), and make recommendations pursuant to

2 the request.’’.

3 (2) APPOINTMENTS FOR DESIGNATED FEDERAL

4 ENTITIES.—Section 8G(c) is amended—

5 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’;

6 (B) in paragraph (1) (as designated by the

7 amendment made by paragraph (1) of this sub8 section) by inserting before the period at the

9 end the following: ‘‘and from among individuals

10 recommended by the President’s Council on In11 tegrity and Effectiveness or the Executive Com12 mittee on Integrity and Efficiency (established

13 by Executive Order 12805 of May 11, 1992) in

14 a list under section 3(g)’’.

15 (e) CONSULTATION BY INSPECTORS GENERAL.—

16 (1) ESTABLISHMENTS, GENERALLY.—Section

17 3(a) is amended—

18 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’;

19 (B) by striking the second sentence of

20 paragraph (1) (as redesignated by subpara21 graph (A) of this paragraph); and

22 (C) by adding at the end the following:

23 ‘‘(2) The Inspector General of an establishment shall

24 consult with the head of the establishment on a regular
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1 basis in the performance of duties and responsibilities

2 under section 4(a).’’.

3 (2) DESIGNATED FEDERAL ENTITIES, GEN4 ERALLY.—Section 8G(d) is amended by striking the

5 first sentence and inserting the following: ‘‘The In6 spector General of a designated Federal entity shall

7 consult with the head of the designated Federal en8 tity on a regular basis in the performance of duties

9 and responsibilities under section 4(a).’’.

10 (3) DUTIES AND RESPONSIBILITIES.—Section

11 4(a)(5) is amended by striking ‘‘and otherwise’’ and

12 inserting ‘‘and such consultations and other reports

13 as the Inspector General considers to be appro14 priate’’.

15 SEC. 6. ENSURING FEDERAL AGENCY COOPERATION WITH

16 INSPECTOR GENERAL ACTIVITIES.

17 (a) PROHIBITION ON ACTIONS TO PREVENT, PRO18 HIBIT, OR INTERFERE WITH INSPECTOR GENERAL AC19 TIVITIES AND NOTIFICATION REGARDING SUCH EFFORTS

20 OR ACTIONS.—

21 (1) PROHIBITION WITH RESPECT TO ESTAB22 LISHMENTS.—Section 3 is amended—

23 (A) in subsection (a)(1) (as designated by

24 section 5(e)(1)(A) of this Act) by striking ‘‘Nei-
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1 ther the head’’ and all that follows through the

2 end of that sentence; and

3 (B) by adding after subsection (g) (as

4 added by section 5(d)(1) of this Act) the follow5 ing:

6 ‘‘(h)(1) No official in the executive branch shall—

7 ‘‘(A) prevent or prohibit, or attempt to prevent

8 or prohibit, the Inspector General from initiating,

9 carrying out, or completing any evaluation, inspec10 tion, audit, or investigation, or from issuing any sub11 poena in the course of any such activity, except as

12 provided in section 6(b)(4); or

13 ‘‘(B) interfere or attempt to interfere with the

14 Inspector General performing any activity authorized

15 by this Act.

16 ‘‘(2) If the Inspector General of an establishment has

17 reasonable grounds to believe that any act prohibited by

18 paragraph (1) has occurred, the Inspector General shall

19 expeditiously and simultaneously notify the President and

20 the Committee on Governmental Affairs of the Senate, the

21 Committee on Government Operations of the House of

22 Representatives, and other appropriate committees of the

23 Congress.’’.

24 (2) PROHIBITION WITH RESPECT TO DES25 IGNATED FEDERAL ENTITIES.—Section 8G(g)(1), as
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1 amended by this Act, is further amended by insert2 ing after ‘‘3(f),’’ (as added by section 5(a)(2) of this

3 Act) the following: ‘‘3(h),’’.

4 (3) CONFORMING AMENDMENT.—

5 (A) Section 8G(d), as amended by section

6 5(e)(2) of this Act, is further amended by strik7 ing the second sentence.

8 (B) Section 8(b)(1) is amended in the mat9 ter preceding subparagraph (A) by striking

10 ‘‘Notwithstanding the last two sentences of sec11 tion 3(a),’’ and inserting ‘‘Notwithstanding sec12 tion 3(h)(1),’’.

13 (C) Section 8D(a)(1) is amended in the

14 matter preceding subparagraph (A) by striking

15 ‘‘Notwithstanding the last two sentences of sec16 tion 3(a),’’ and inserting ‘‘Notwithstanding sec17 tion 3(h)(1),’’.

18 (D) Section 8E(a)(1) is amended in the

19 matter preceding subparagraph (A) by striking

20 ‘‘Notwithstanding the last two sentences of sec21 tion 3(a),’’ and inserting ‘‘Notwithstanding sec22 tion 3(h)(1),’’.

23 (b) REFUSAL BY AGENCY TO PROVIDE INFORMATION

24 OR ASSISTANCE.—
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1 (1) MODIFICATION OF AGENCY AUTHORITY TO

2 WITHHOLD INFORMATION OR ASSISTANCE.—Section

3 6(b)(1) is amended by striking ‘‘or regulation of the

4 Federal agency from which the information is re5 quested’’.

6 (2) NOTICE REGARDING CONTINUING REFUSAL

7 OF AGENCY TO PROVIDE INFORMATION OR ASSIST8 ANCE.—Section 6(b) is amended by adding at the

9 end the following:

10 ‘‘(3) If the head of a Federal agency continues to un11 reasonably refuse or fail to provide information or assist12 ance to an Inspector General after the Inspector General

13 reports under paragraph (2), the Inspector General shall

14 expeditiously and simultaneously notify the President and

15 the Committee on Governmental Affairs of the Senate, the

16 Committee on Government Operations of the House of

17 Representatives, and other appropriate committees of the

18 Congress, except that all such notification may be delayed

19 for 5 business days to allow for the service of a subpoena

20 issued pursuant to section 6(a)(4), if the Inspector Gen21 eral determines that such delay is necessary to serve the

22 interests of justice.’’.

23 (3) REPEAL OF RESTRICTION ON AUTHORITY

24 TO ISSUE SUBPOENAS TO FEDERAL AGENCIES.—Sec-
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1 tion 6(a)(4) is amended by striking ‘‘: Provided’’ and

2 all that follows through the end of the paragraph.’’.

3 (4) REQUIREMENTS FOR ISSUING SUBPOENAS

4 TO FEDERAL AGENCIES.—Section 6(b), as amended

5 by paragraph (3) of this subsection, is further

6 amended by adding at the end the following:

7 ‘‘(4) An Inspector General may not issue a subpoena

8 under subsection (a)(4) that requires production by a Fed9 eral agency, unless—

10 ‘‘(A) the Inspector General has requested the

11 head of the agency to provide the information or

12 document sought by the subpoena to be produced;

13 and

14 ‘‘(B) the head of the Federal agency has, in the

15 judgment of the Inspector General, unreasonably re16 fused or failed to provide that information or docu17 ment.

18 ‘‘(5)(A) An Inspector General shall notify the Com19 mittee on Government Operations of the House of Rep20 resentatives and the Committee on Governmental Affairs

21 of the Senate of the issuance of any subpoena under sub22 section (a)(4) that requires production by a Federal agen23 cy or an officer or employee of a Federal agency, by not

24 later than 5 business days after the date the subpoena

25 is issued.
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1 ‘‘(B) An Inspector General may not delegate the au2 thority to issue a subpoena described in subparagraph (A).

3 ‘‘(C) An Inspector General may bring an action to

4 enforce a subpoena described in subparagraph (A) without

5 the direction, approval, or control of the Attorney Gen6 eral.’’.

7 SEC. 7. AUTHORITY OF OFFICES OF INSPECTORS GENERAL

8 TO OBTAIN OFFICE SPACE, EQUIPMENT, SUP9 PLIES, ETC. INDEPENDENTLY AND TO HIRE

10 LEGAL COUNSEL.

11 (a) GENERAL AUTHORITY.—

12 (1) AUTHORITY.—Section 6(c) is amended—

13 (A) by striking ‘‘Each’’ and inserting ‘‘(1)

14 Unless obtained by the Inspector General of the

15 establishment under paragraph (2), each’’; and

16 (B) by adding at the end the following:

17 ‘‘(2) The Inspector General of an establishment may

18 directly obtain any office space, equipment, office supplies,

19 communications facilities, or services otherwise available

20 to the Office of the Inspector General under paragraph

21 (1) in substantially the same manner as such space, equip22 ment, supplies, facilities, or services may be obtained on

23 behalf of the Office by the head of the establishment. The

24 Director of the Office of Management and Budget shall

25 direct a reasonable redistribution of agency funds to ac-
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1 count for any space, equipment, supplies, facilities, or

2 services so obtained.’’.

3 (2) CONFORMING AMENDMENT.—Section

4 8G(g)(1) is amended by striking ‘‘and (a)(8)’’ and

5 inserting ‘‘, (a)(8), and (c)(2)’’.

6 (b) AUTHORITY TO HIRE LEGAL COUNSEL.—Each of

7 section 6(a)(7) and section 8G(g)(2) is amended by insert8 ing ‘‘, including legal counsel,’’ after ‘‘officers and

9 employees’’.

10 SEC. 8. IMPROVED REPORTING.

11 (a) ANNUAL REPORTING REQUIREMENTS.—

12 (1) REQUIREMENTS.—Section 5 is amended—

13 (A) by striking ‘‘SEC. 5. (a)’’ and all that

14 follows through the material preceding para15 graph (1) of subsection (a) and inserting the

16 following:

17 ‘‘SEC. 5. (a) Each Inspector General shall, not later

18 than October 31 of each year, prepare an annual report

19 summarizing the activities of the Office during the preced20 ing fiscal year. Each report shall include—’’; and

21 (B) in subsection (b) by striking the mate22 rial preceding paragraph (1) and inserting the

23 following:

24 ‘‘(b) Each Inspector General shall furnish reports

25 under subsection (a) to the head of the establishment in-
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1 volved not later than October 31 of each year. The head

2 of an establishment shall transmit each such report to the

3 appropriate committees or subcommittees of the Congress

4 within 30 days after receipt of the report, together with

5 a report by the head of the establishment containing—

6 ’’.

7 (2) CONFORMING AMENDMENTS.—Sections

8 4(a)(2), 5(a)(3), 5(c), 8(f)(1), and 8A(c) are amend9 ed by striking ‘‘semiannual’’ each place it appears

10 and inserting ‘‘annual’’.

11 (b) PUBLIC AVAILABILITY OF ANNUAL REPORTS.—

12 Section 5(c) is amended—

13 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’;

14 (2) in the first sentence by striking ‘‘sixty

15 days’’ and inserting ‘‘30 days’’;

16 (3) in the second sentence by striking ‘‘60

17 days’’ and inserting ‘‘30 days’’; and

18 (4) by adding at the end the following:

19 ‘‘(2) The Superintendent of Documents shall make

20 available to depository libraries, as Government publica21 tions (as that term is used in chapter 19 of title 44, Unit22 ed States Code), each annual report of the Inspector Gen23 eral of an establishment under subsection (b) and each

24 annual report of the head of an establishment under sub25 section (c).’’.
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1 SEC. 9. CONTENTS OF ANNUAL REPORTS.

2 (a) IN GENERAL.—Section 5 is amended—

3 (1) in subsection (a)(1), (2), (3), and (12) by

4 striking ‘‘significant’’ each place it appears;

5 (2) in subsection (a)(1) by inserting before the

6 semicolon the following: ‘‘, and a separate analysis

7 of the relative significance and seriousness of the

8 problems, abuses, and deficiencies so described’’;

9 (3) in subsection (a)(7) by striking ‘‘particu10 larly significant’’;

11 (4) in subsection (a)(11) by striking ‘‘and’’

12 after the semicolon at the end;

13 (5) in subsection (a)(12) by striking the period

14 at the end and inserting a semicolon;

15 (6) by adding at the end of subsection (a) the

16 following:

17 ‘‘(13) a description of the findings of inspec18 tions, evaluations, and vulnerability assessments con19 ducted under section 4(a) (6) and (7) during the re20 porting period, including information regarding the

21 effectiveness of programs and operations of the es22 tablishment in achieving the legislative intent of the

23 statutes that authorize those programs;

24 ‘‘(14) a listing of all criminal investigations by

25 the Inspector General that were completed in the re26 porting period, and for each criminal investigation,
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1 a description of the alleged or proven misconduct

2 and of all actions (including information or indict3 ments, guilty pleas, trials, verdicts, sentences im4 posed, and disciplinary proceedings or personnel ac5 tions initiated or undertaken) which as a result of

6 the findings of the investigation—

7 ‘‘(A) have been taken;

8 ‘‘(B) will be taken; or

9 ‘‘(C) have been recommended by the In10 spector General but will not be taken;

11 ‘‘(15) a listing of the specific prosecutive refer12 rals made by the Inspector General, and of inves13 tigations of similar matters conducted without such

14 a referral, that in the reporting period the Inspector

15 General determines will not be prosecuted, including

16 for each such referral or investigation—

17 ‘‘(A) a brief or summary description of the

18 alleged misconduct involved;

19 ‘‘(B) identification of the judicial district

20 involved; and

21 ‘‘(C) the reasons provided by the Attorney

22 General for declining prosecution, or if prosecu23 tion is not formally declined, for not instituting

24 prosecution;
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1 ‘‘(16) a summary of all criminal investigations

2 that were conducted by the Inspector General in the

3 reporting period and have not been completed; and

4 ‘‘(17) a description of the strategic plans for as5 sessing such establishment’s risks and problems, the

6 resources required to implement such strategies for

7 resolving the risks and problems, and the perform8 ance measures utilized to evaluate the implementa9 tion of these plans.’’.

10 (b) PROTECTION OF IDENTITY OF SUBJECTS OR

11 TARGETS OF INVESTIGATIONS.—Section 5(e) is

12 amended—

13 (1) in paragraph (1)(C) by inserting ‘‘, except

14 as provided in paragraphs (15) and (16) of sub15 section (a)’’ before the period; and

16 (2) by adding at the end the following:

17 ‘‘(3) Any information required to be included in an

18 annual report under paragraph (14), (15), or (16) of sub19 section (a) may omit—

20 ‘‘(A) the identity of the subject or target of an

21 investigation, unless paragraph (2) applies; or

22 ‘‘(B) any specific information the disclosure of

23 which would likely compromise an ongoing under24 cover operation, identify a confidential source, in-
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1 cluding a protected witness, or constitute a threat to

2 national security.’’.

3 (c) REQUIREMENT TO DISCLOSE PUBLIC INFORMA4 TION REGARDING CRIMINAL INVESTIGATIONS.—Section

5 5(e)(2) is amended by striking ‘‘may’’ and inserting

6 ‘‘shall’’.

7 (d) CLARIFYING DUTY TO PROVIDE CERTAIN INFOR8 MATION TO CONGRESS.—Section 5(e)(3) is amended by

9 striking the period at the end thereof and adding the fol10 lowing: ‘‘including information with respect to an ongoing

11 audit, inspection, evaluation, or investigation (criminal or

12 otherwise), requested by the Congress or any of its com13 mittees or subcommittees.’’.

14 SEC. 10. IMPROVING COORDINATION OF OFFICES OF IN15 SPECTORS GENERAL WITH DEPARTMENT OF

16 JUSTICE.

17 Section 4(d) is amended by—

18 (1) inserting ‘‘(1)’’ after ‘‘(d)’’; and

19 (2) adding at the end the following:

20 ‘‘(2)(A) Within 15 business days after initiating any

21 investigation of any allegation of a possible violation of

22 a Federal criminal law, an Inspector General shall seek

23 to coordinate the investigation with the Attorney General,

24 including by consulting with the Attorney General to—

25 ‘‘(i) obtain advice and guidance; and
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1 ‘‘(ii) determine the need for investigative re2 sources of the Attorney General or for a Federal

3 grand jury investigation (including issuance of a

4 grand jury subpoena); and

5 ‘‘(B) Subparagraph (A) does not apply to any crimi6 nal investigation which is completed within 15 business

7 days after it is initiated and as to which the Inspector

8 General has no reasonable grounds to believe a violation

9 of law may have occurred.

10 ‘‘(C) Subparagraph (A) shall not be construed to au11 thorize the Attorney General to limit the authority of an

12 Inspector General to conduct an investigation.

13 ‘‘(3) An Inspector General shall notify the Committee

14 on Governmental Affairs of the Senate and the Committee

15 on Government Operations of the House of Representa16 tives within 5 business days after the Attorney General

17 declines orally or in writing to prosecute a matter referred

18 to or otherwise brought to the attention of the Attorney

19 General pursuant to paragraph (2) by the Inspector Gen20 eral.’’.
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1 SEC. 11. LAW ENFORCEMENT AUTHORITY OF INSPECTOR

2 GENERAL PERSONNEL TO CARRY WEAPONS

3 AND EXECUTE WARRANTS UNDER CERTAIN

4 CONDITIONS.

5 (a) DEPARTMENT OF THE TREASURY.—Section 8D

6 is amended by adding at the end the following:

7 ‘‘(i)(1) Qualified personnel of the Office of the De8 partment of the Treasury may, for the purpose of inves9 tigating any allegation of a possible violation of Federal

10 criminal law by any officer or employee of a Treasury law

11 enforcement agency—

12 ‘‘(A) make an arrest without a warrant for any

13 such violation if such violation is committed, or if

14 such personnel has probable cause to believe that

15 such violation is being committed, in the presence of

16 such personnel;

17 ‘‘(B) execute a warrant for an arrest, for the

18 search of premises, or the seizure of evidence if such

19 warrant is issued under authority of the United

20 States upon probable cause to believe that such vio21 lation has been committed; and

22 ‘‘(C) carry a firearm.

23 ‘‘(2) In the subsection—

24 ‘‘(A) the term ‘qualified personnel’ means the

25 Inspector General and any person designated by the
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1 Inspector General for purposes of this subsection;

2 and

3 ‘‘(B) the term ‘Treasury law enforcement agen4 cy’ means each of—

5 ‘‘(i) the Criminal Investigative Division of

6 the Internal Revenue Service;

7 ‘‘(ii) the Bureau of Alcohol, Tobacco, and

8 Firearms;

9 ‘‘(iii) the Secret Service; and

10 ‘‘(iv) the Customs Service.’’.

11 (b) OTHER ESTABLISHMENTS.—Section 6 is amend12 ment by adding at the end the following:

13 ‘‘(e)(1) Qualified personnel of each Office may, sub14 ject to paragraph (2), for a period of time specified by

15 the Attorney General and, for the purpose of investigating

16 any allegation of a possible violation of Federal criminal

17 law—

18 ‘‘(A) make an arrest without a warrant for any

19 such violation if such violation is committed, or if

20 such personnel has probable cause to believe that

21 such violation is being committed, in the presence of

22 such personnel;

23 ‘‘(B) execute a warrant for an arrest, for the

24 search of premises, or the seizure of evidence if such

25 warrant is issued under authority of the United
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1 States upon probable cause to believe that such vio2 lation has been committed; and

3 ‘‘(C) carry a firearm.

4 ‘‘(2) Notwithstanding any other law, qualified person5 nel of an Office may not exercise under this or any other

6 law authorities described in paragraph (1)(A), (B), and

7 (C) unless—

8 ‘‘(A) the Inspector General requests the Attor9 ney General to approve that authority with respect

10 to that allegation; and

11 ‘‘(B)(i) the Attorney General approves that au12 thority;

13 ‘‘(ii) the Attorney General fails to disapprove

14 that authority within 10 business days after the date

15 of the submission of the request by the Inspector

16 General; or

17 ‘‘(iii) in the case of an urgent request described

18 in paragraph (3), the Attorney General fails to dis19 approve that authority within 3 business days after

20 the date of the submission of the request by the In21 spector General.

22 ‘‘(3) An urgent request is described in this paragraph

23 if it contains a certification by the Inspector General sub24 mitting the request (including a description of the factual

25 basis for the certification) that there is reason to believe
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1 that failure to approve the request within 3 business days

2 will result in—

3 ‘‘(A) endangering the life or physical safety of

4 any person;

5 ‘‘(B) flight from prosecution;

6 ‘‘(C) destruction of or tampering with evidence;

7 ‘‘(D) intimidation of any potential witness; or

8 ‘‘(E) seriously jeopardizing an investigation or

9 official proceeding.

10 ‘‘(4) This subsection does not limit the law enforce11 ment authority of—

12 ‘‘(A) personnel of the Office of the Department

13 of Justice; or

14 ‘‘(B) personnel of the Office of the Department

15 of the Treasury, under section 8D(i).

16 ‘‘(5) In the subsection the term ‘qualified personnel’

17 means the Inspector General and any person designated

18 by the Inspector General for purposes of this subsection.’’.

19 SEC. 12. CLARIFYING AUTHORITY OF DEPARTMENT OF JUS20 TICE INSPECTOR GENERAL WITH RESPECT

21 TO OFFICE OF PROFESSIONAL RESPONSIBIL22 ITY.

23 Section 8E is amended—

24 (1) in subsection (b)(1) by inserting ‘‘and’’

25 after the semicolon at the end;
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1 (2) in subsection (b)(2) by striking ‘‘; and’’ and

2 inserting a period;

3 (3) by striking paragraph (3) of subsection (b);

4 and

5 (4) by adding at the end the following:

6 ‘‘(d)(1) In carrying out the duties and responsibilities

7 specified in this Act, the Inspector General of the Depart8 ment of Justice shall have oversight responsibility for the

9 internal investigations performed by the Office of Profes10 sional Responsibility of the Department, the Office of In11 spections of the Federal Bureau of Investigation, the Of12 fice of Professional Responsibility of the Drug Enforce13 ment Administration, and any other inspection or internal

14 affairs office in the Department of Justice. The head of

15 each of those offices shall promptly report to the Inspector

16 General the significant activities being carried out by such

17 office.

18 ‘‘(2) Notwithstanding paragraph (1), the Inspector

19 General may initiate, conduct, and supervise such audits

20 and investigations in the Department of Justice (including

21 the Office of Professional Responsibility) as the Inspector

22 General considers appropriate.

23 ‘‘(3)(A) If the Inspector General initiates an audit

24 or investigation under paragraph (2) concerning the Office

25 of Professional Responsibility, the Office of Inspections of
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1 the Federal Bureau of Investigation, the Office of Profes2 sional Responsibility of the Drug Enforcement Adminis3 tration, or any other inspection or internal affairs office

4 in the Department of Justice, the Inspector General may

5 provide the head of that office with written notice that

6 the Inspector General has initiated such an audit or inves7 tigation.

8 ‘‘(B) If the Inspector General provides a notice under

9 subparagraph (A), no other audit or investigation shall be

10 initiated into the matter under audit or investigation by

11 the Inspector General and any other audit or investigation

12 of such matter shall cease.’’.

13 SEC. 13. ESTABLISHING DUTY OF INSPECTORS GENERAL

14 TO MONITOR AGENCY RESPONSE TO FIND15 INGS OF MISCONDUCT.

16 (a) IN GENERAL.—Section 4 is amended in sub17 section (a), as amended by subsection 4(b) of this Act,

18 by striking ‘‘and’’ after the semicolon at the end of para19 graph (5), by striking the period at the end of paragraph

20 (6) and inserting ‘‘; and’’, and by adding at the end the

21 following:

22 ‘‘(7) with respect to findings by the Inspector

23 General that indicate a serious problem, fraud,

24 abuse, or deficiency relating to the programs or op25 erations of the establishment—
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1 ‘‘(A) monitor personnel or other actions

2 proposed or taken by the establishment in re3 sponse to those findings; and

4 ‘‘(B) bring to the attention of the head of

5 the establishment for review any personnel ac6 tion taken in response to those findings, if the

7 Inspector General considers the action to be in8 adequate relative to the seriousness of the prob9 lem, fraud, abuse, or deficiency involved.’’.

10 (b) INFORMATION TO BE INCLUDED IN ANNUAL RE11 PORTS.—Section 5(a)(12) is amended by inserting before

12 the period the following: ‘‘, including information regard13 ing each personnel or other action (without identifying any

14 employee) for which a review was requested under section

15 4(b)(7)(B) if after such review the Inspector General con16 siders the action to be inadequate’’.

17 SEC. 14. SEPARATE APPROPRIATION ACCOUNTS.

18 Section 1105(a)(25) of title 31, United States Code,

19 is amended by inserting ‘‘and of a designated Federal en20 tity defined under section 8G(a)(2) of that Act’’ before

21 the period.

22 SEC. 15. DIRECT BUDGET SUBMISSIONS.

23 Section 1108 of title 31, United States Code, is

24 amended by adding at the end the following new sub25 section:
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1 ‘‘(h)(1) Each Inspector General of an establishment

2 or of a designated Federal entity shall prepare and submit

3 to the President, each House of the Congress, and the

4 head of that establishment or entity each appropriation

5 request for that Inspector General’s office.

6 ‘‘(2) As used in paragraph (1), the terms ‘Inspector

7 General’, ‘establishment’, and ‘designated Federal entity’

8 have the meanings given to them by sections 8G and 11

9 of the Inspector General Act of 1978.’’.

10 SEC. 16. WHISTLEBLOWER PROTECTIONS FOR EMPLOYEES

11 PROVIDING INFORMATION TO INSPECTORS

12 GENERAL.

13 (a) UNAUTHORIZED DISCLOSURE OF WHISTLE14 BLOWER’S IDENTITY NOT PERMITTED.—

15 (1) IN GENERAL.—Section 7(b) is amended by

16 striking ‘‘employee, unless’’ through the period and

17 inserting ‘‘employee, except in accordance with a re18 quest of the Attorney General for the purpose of a

19 criminal investigation.’’.

20 (2) REMEDY.—Section 7(b), as amended by

21 paragraph (1), is further amended—

22 (A) by striking ‘‘(b)’’ and inserting

23 ‘‘(b)(1)’’; and

24 (B) by adding at the end the following:
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1 ‘‘(2)(A) As used in this paragraph, the term ‘Special

2 Counsel’ means the Special Counsel under subchapter II

3 of chapter 12 of title 5, United States Code.

4 ‘‘(B) The Special Counsel may—

5 ‘‘(i) investigate any alleged violation of para6 graph (1); and

7 ‘‘(ii) if the Special Counsel determines that

8 there is reason to believe that such a violation has

9 occurred, seek disciplinary action under section 1215

10 of title 5, United States Code, in the same manner

11 as if it were a matter referred to in subsection

12 (a)(1)(B) of such section.’’.

13 (b) NOTIFICATION REQUIREMENT.—Section 7 is

14 amended by adding at the end the following:

15 ‘‘(d) The Inspector General shall ensure, at the time

16 of receiving any complaint or information from an em17 ployee, that such employee is fully aware of any rights or

18 remedies afforded such employee under—

19 ‘‘(1) subsections (b) and (c);

20 ‘‘(2) title 5, United States Code, with respect to

21 a prohibited personnel practice described in para22 graph (8) or (11) of section 2302(b) of such title

23 (including the investigative duties of the Office of

24 Special Counsel);
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1 ‘‘(3) sections 3729 through 3731 of title 31,

2 United States Code (popularly known as the ‘False

3 Claims Act); and

4 ‘‘(4) any other authority by virtue of the com5 plaint made or information disclosed by such em6 ployee.

7 ‘‘(e)(1) If an Inspector General has information that

8 might be evidence of an action or an intent to take an

9 action described in paragraph (2) against an employee

10 who provided information to an Inspector General, the In11 spector General shall within a reasonable time disclose

12 that information to the employee.

13 ‘‘(2) The action referred to paragraph (1) is any ac14 tion that is in violation of subsection (c) or a prohibited

15 personnel practice described in paragraph (8) or (11) of

16 section 2303 of title 5, United States Code.’’.

17 SEC. 17. EMPLOYEE AWARDS AND REQUESTS FOR SES

18 POSITIONS.

19 (a) AMENDMENTS.—Section 6(d) is amended—

20 (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;

21 and

22 (2) by adding at the end the following:

23 ‘‘(2)(A) For purposes of the provisions of law cited

24 in subparagraph (B)—
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1 ‘‘(i) any authority conferred or obligation im2 posed under any such provision on an ‘agency’ or

3 the ‘head of an agency’ shall, to the extent that it

4 relates or would relate to employees or positions in

5 the Office of an Inspector General, or former em6 ployees of any such Office, be deemed to be con7 ferred or imposed on such Office or such Inspector

8 General, as the case may be; and

9 ‘‘(ii) each Office of Inspector General shall oth10 erwise be considered to be independent of the estab11 lishment or designated Federal entity (within the

12 meaning of section 8G(a)(2)) in which it is estab13 lished.

14 ‘‘(B) This paragraph applies with respect to—

15 ‘‘(i) subchapter II of chapter 31 of title 5,

16 United States Code;

17 ‘‘(ii) subchapter VIII of chapter 33 of title 5,

18 United States Code; and

19 ‘‘(iii) subchapter I of chapter 45 of title 5,

20 United States Code.’’.

21 (b) SAVINGS PROVISIONS; TRANSITION PROVI22 SIONS.—

23 (1) SAVINGS PROVISIONS.—Subject to para24 graph (2), all designations, exclusions, authoriza25 tions, and other aspects of the Senior Executive
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1 Service affected by any of the amendments made by

2 this section (as further identified under paragraph

3 (2)) shall continue in effect, according to their

4 terms, until modified, terminated, superseded, or re5 pealed by the President, the Office of Personnel

6 Management, or other appropriate authority, with

7 respect to matters within their respective jurisdic8 tions.

9 (2) TRANSITION PROVISIONS.—The Office of

10 Personnel Management shall prescribe regulations to

11 ensure the expeditious implementation of the amend12 ments made by this section.

13 SEC. 18. INELIGIBILITY OF INSPECTORS GENERAL FOR

14 AWARDS.

15 Section 6 is further amended by adding at the end

16 the following:

17 ‘‘(e) An Inspector General shall not be eligible for any

18 award or other form of recognition under chapter 45 of

19 title 5, United States Code, except for a Presidential

20 award.’’.

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