of an amendment to, or repeal of, a section or other provi-
sion, 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 INSPEC-
TION 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 su-
pervising the inspection and evaluation of the adequacy
of management and other internal controls of such pro-
grams 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 inter-
nal controls of such programs and operations, in-
cluding the preparation of preventative vulnerability
assessments of those programs, systems, and oper-
ations 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 para-
graph (6); and
(4) by inserting after paragraph (4) the follow-
ing:
‘‘(5) to make recommendations for improve-
ment, to promote the economy, efficiency, and effec-
tiveness of agency programs and operations; and’’.
(c) STRATEGIC PLANS AND INCREASED CONSULTA-
TION.—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 prob-
lems, assign the resources required to imple-
ment 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 INSPEC-
TORS GENERAL.
(a) RESPONSIBILITIES OF OFFICE PERSONNEL TO
PREVENT CONFLICTS OF INTEREST.—
(1) IN GENERAL.—Section 3 is further amend-
ed by adding after subsection (e) (as added by sec-
tion 4(a) of this Act) the following:
‘‘(f)(1) An individual serving as an officer or em-
ployee 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 (includ-
ing 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 individ-
ual so serving is negotiating or has an arrangement con-
cerning 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 Of-
fice.
‘‘(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 insert-
ing 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 para-
graph (2), as designated by paragraph (1) of
this subsection, the following:
‘‘(b)(1) The term of an individual as Inspector Gen-
eral 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 IN-
SPECTORS GENERAL.—For an individual serving a
term as the Inspector General of an establishment or
designated Federal entity on the date of the enact-
ment 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 suc-
cessor takes office.
(4) COMPLETION
OF
APPOINTMENTS.—The
President and the heads of designated Federal enti-
ties 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 GEN-
ERAL.—
(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 Fed-
eral 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
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 sub-
section) by inserting before the period at the
end the following: ‘‘and from among individuals
recommended by the President’s Council on In-
tegrity and Effectiveness or the Executive Com-
mittee 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 subpara-
graph (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, GEN-
ERALLY.—Section 8G(d) is amended by striking the
first sentence and inserting the following: ‘‘The In-
spector General of a designated Federal entity shall
consult with the head of the designated Federal en-
tity 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 appro-
priate’’.
SEC. 6. ENSURING FEDERAL AGENCY COOPERATION WITH
INSPECTOR GENERAL ACTIVITIES.
(a) PROHIBITION ON ACTIONS TO PREVENT, PRO-
HIBIT, OR INTERFERE WITH INSPECTOR GENERAL AC-
TIVITIES AND NOTIFICATION REGARDING SUCH EFFORTS
OR ACTIONS.—
(1) PROHIBITION
WITH
RESPECT
TO
ESTAB-
LISHMENTS.—Section 3 is amended—
(A) in subsection (a)(1) (as designated by
section 5(e)(1)(A) of this Act) by striking ‘‘Nei-
ther 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 follow-
ing:
‘‘(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, inspec-
tion, audit, or investigation, or from issuing any sub-
poena 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
DES-
IGNATED FEDERAL ENTITIES.—Section 8G(g)(1), as
amended by this Act, is further amended by insert-
ing 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 strik-
ing the second sentence.
(B) Section 8(b)(1) is amended in the mat-
ter preceding subparagraph (A) by striking
‘‘Notwithstanding the last two sentences of sec-
tion 3(a),’’ and inserting ‘‘Notwithstanding sec-
tion 3(h)(1),’’.
(C) Section 8D(a)(1) is amended in the
matter preceding subparagraph (A) by striking
‘‘Notwithstanding the last two sentences of sec-
tion 3(a),’’ and inserting ‘‘Notwithstanding sec-
tion 3(h)(1),’’.
(D) Section 8E(a)(1) is amended in the
matter preceding subparagraph (A) by striking
‘‘Notwithstanding the last two sentences of sec-
tion 3(a),’’ and inserting ‘‘Notwithstanding sec-
tion 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 re-
quested’’.
(2) NOTICE REGARDING CONTINUING REFUSAL
OF AGENCY TO PROVIDE INFORMATION OR ASSIST-
ANCE.—Section 6(b) is amended by adding at the
end the following:
‘‘(3) If the head of a Federal agency continues to un-
reasonably refuse or fail to provide information or assist-
ance 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 Gen-
eral determines that such delay is necessary to serve the
interests of justice.’’.
(3) REPEAL OF RESTRICTION ON AUTHORITY
TO ISSUE SUBPOENAS TO FEDERAL AGENCIES.—Sec-
tion 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 Fed-
eral 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 re-
fused or failed to provide that information or docu-
ment.
‘‘(5)(A) An Inspector General shall notify the Com-
mittee on Government Operations of the House of Rep-
resentatives and the Committee on Governmental Affairs
of the Senate of the issuance of any subpoena under sub-
section (a)(4) that requires production by a Federal agen-
cy 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 au-
thority 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 Gen-
eral.’’.
SEC. 7. AUTHORITY OF OFFICES OF INSPECTORS GENERAL
TO OBTAIN OFFICE SPACE, EQUIPMENT, SUP-
PLIES, 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, equip-
ment, 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 ac-
count 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 insert-
ing ‘‘, 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 para-
graph (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 preced-
ing fiscal year. Each report shall include—’’; and
(B) in subsection (b) by striking the mate-
rial preceding paragraph (1) and inserting the
following:
‘‘(b) Each Inspector General shall furnish reports
under subsection (a) to the head of the establishment in-
volved 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 amend-
ed 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 publica-
tions (as that term is used in chapter 19 of title 44, Unit-
ed States Code), each annual report of the Inspector Gen-
eral of an establishment under subsection (b) and each
annual report of the head of an establishment under sub-
section (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 ‘‘particu-
larly 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 inspec-
tions, evaluations, and vulnerability assessments con-
ducted under section 4(a) (6) and (7) during the re-
porting period, including information regarding the
effectiveness of programs and operations of the es-
tablishment 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 re-
porting period, and for each criminal investigation,
a description of the alleged or proven misconduct
and of all actions (including information or indict-
ments, guilty pleas, trials, verdicts, sentences im-
posed, and disciplinary proceedings or personnel ac-
tions 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 In-
spector General but will not be taken;
‘‘(15) a listing of the specific prosecutive refer-
rals made by the Inspector General, and of inves-
tigations 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 prosecu-
tion 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 as-
sessing such establishment’s risks and problems, the
resources required to implement such strategies for
resolving the risks and problems, and the perform-
ance measures utilized to evaluate the implementa-
tion 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 sub-
section (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 sub-
section (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 under-
cover operation, identify a confidential source, in-
cluding a protected witness, or constitute a threat to
national security.’’.
(c) REQUIREMENT TO DISCLOSE PUBLIC INFORMA-
TION REGARDING CRIMINAL INVESTIGATIONS.—Section
5(e)(2) is amended by striking ‘‘may’’ and inserting
‘‘shall’’.
(d) CLARIFYING DUTY TO PROVIDE CERTAIN INFOR-
MATION TO CONGRESS.—Section 5(e)(3) is amended by
striking the period at the end thereof and adding the fol-
lowing: ‘‘including information with respect to an ongoing
audit, inspection, evaluation, or investigation (criminal or
otherwise), requested by the Congress or any of its com-
mittees or subcommittees.’’.
SEC. 10. IMPROVING COORDINATION OF OFFICES OF IN-
SPECTORS 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 re-
sources 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 crimi-
nal 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 au-
thorize 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 Representa-
tives 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 Gen-
eral.’’.
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 De-
partment of the Treasury may, for the purpose of inves-
tigating 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 vio-
lation 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 agen-
cy’ 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 amend-
ment by adding at the end the following:
‘‘(e)(1) Qualified personnel of each Office may, sub-
ject 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 vio-
lation has been committed; and
‘‘(C) carry a firearm.
‘‘(2) Notwithstanding any other law, qualified person-
nel 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 Attor-
ney General to approve that authority with respect
to that allegation; and
‘‘(B)(i) the Attorney General approves that au-
thority;
‘‘(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 dis-
approve that authority within 3 business days after
the date of the submission of the request by the In-
spector General.
‘‘(3) An urgent request is described in this paragraph
if it contains a certification by the Inspector General sub-
mitting 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 enforce-
ment 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 JUS-
TICE INSPECTOR GENERAL WITH RESPECT
TO OFFICE OF PROFESSIONAL RESPONSIBIL-
ITY.
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 Depart-
ment of Justice shall have oversight responsibility for the
internal investigations performed by the Office of Profes-
sional Responsibility of the Department, the Office of In-
spections of the Federal Bureau of Investigation, the Of-
fice of Professional Responsibility of the Drug Enforce-
ment 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 Profes-
sional Responsibility of the Drug Enforcement Adminis-
tration, 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 inves-
tigation.
‘‘(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 FIND-
INGS OF MISCONDUCT.
(a) IN GENERAL.—Section 4 is amended in sub-
section (a), as amended by subsection 4(b) of this Act,
by striking ‘‘and’’ after the semicolon at the end of para-
graph (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 op-
erations of the establishment—
‘‘(A) monitor personnel or other actions
proposed or taken by the establishment in re-
sponse to those findings; and
‘‘(B) bring to the attention of the head of
the establishment for review any personnel ac-
tion taken in response to those findings, if the
Inspector General considers the action to be in-
adequate relative to the seriousness of the prob-
lem, fraud, abuse, or deficiency involved.’’.
(b) INFORMATION TO BE INCLUDED IN ANNUAL RE-
PORTS.—Section 5(a)(12) is amended by inserting before
the period the following: ‘‘, including information regard-
ing 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 con-
siders 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 en-
tity 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 sub-
section:
‘‘(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
WHISTLE-
BLOWER’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 re-
quest 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 para-
graph (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 em-
ployee, 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 para-
graph (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 com-
plaint made or information disclosed by such em-
ployee.
‘‘(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 In-
spector General shall within a reasonable time disclose
that information to the employee.
‘‘(2) The action referred to paragraph (1) is any ac-
tion 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 im-
posed 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 em-
ployees of any such Office, be deemed to be con-
ferred or imposed on such Office or such Inspector
General, as the case may be; and
‘‘(ii) each Office of Inspector General shall oth-
erwise be considered to be independent of the estab-
lishment or designated Federal entity (within the
meaning of section 8G(a)(2)) in which it is estab-
lished.
‘‘(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
PROVI-
SIONS.—
(1) SAVINGS
PROVISIONS.—Subject to para-
graph (2), all designations, exclusions, authoriza-
tions, 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 re-
pealed by the President, the Office of Personnel
Management, or other appropriate authority, with
respect to matters within their respective jurisdic-
tions.
(2) TRANSITION
PROVISIONS.—The Office of
Personnel Management shall prescribe regulations to
ensure the expeditious implementation of the amend-
ments 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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