H. R. 5961 
One Hundred Seventeenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Monday, 
the third day of January, two thousand and twenty-two 
An Act 
To make revisions in title 5, United States Code, as necessary to keep the title 
current, and to make technical amendments to improve the United States Code. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
Sec. 2. Purposes; restatement does not change meaning or effect of existing law. 
Sec. 3. Revision of title 5, United States Code. 
Sec. 4. Technical amendments. 
Sec. 5. Transitional and savings provisions. 
Sec. 6. Effect of references to title 5 on application of ethics provisions. 
Sec. 7. Repeals. 
SEC. 2. PURPOSES; RESTATEMENT DOES NOT CHANGE MEANING OR 
EFFECT OF EXISTING LAW. 
(a) PURPOSES.—The purposes of this Act are— 
(1) to make revisions in title 5, United States Code, as 
necessary to keep the title current; and 
(2) to make technical amendments to improve the United 
States Code. 
(b) RESTATEMENT DOES NOT CHANGE MEANING OR EFFECT OF 
EXISTING LAW.— 
(1) IN GENERAL.—The restatement of existing law enacted 
by this Act does not change the meaning or effect of the existing 
law. The restatement incorporates in title 5, United States 
Code, various provisions that were enacted separately over 
a period of years, reorganizing them, conforming style and 
terminology, modernizing obsolete language, and correcting 
drafting errors. These changes serve to remove ambiguities, 
contradictions, and other imperfections, but they do not change 
the meaning or effect of the existing law or impair the preceden-
tial value of earlier judicial decisions or other interpretations. 
(2) RULE OF CONSTRUCTION.— 
(A) IN GENERAL.—Notwithstanding the plain meaning 
rule or other rules of statutory construction, a change in 
wording made in the restatement of existing law enacted 
by this Act serves to clarify the existing law as indicated 
in paragraph (1), but not to change the meaning or effect 
of the existing law. 
(B) 
REVISION
NOTES.—Subparagraph 
(A) 
applies 
whether or not a change in wording is explained by a 
revision note appearing in a congressional report accom-
panying this Act. If such a revision note does appear,
H. R. 5961—2 
a court shall consider the revision note in interpreting 
the change. 
SEC. 3. REVISION OF TITLE 5, UNITED STATES CODE. 
(a) ENACTMENT OF CHAPTER 10.—Part I of title 5, United States 
Code, is amended by inserting after chapter 9 the following: 
‘‘Chapter 10—FEDERAL ADVISORY 
COMMITTEES 
‘‘Sec. 
‘‘1001. Definitions. 
‘‘1002. Findings and declarations. 
‘‘1003. Applicability. 
‘‘1004. Responsibilities of congressional committees. 
‘‘1005. Responsibilities of the President. 
‘‘1006. Responsibilities of the Administrator. 
‘‘1007. Responsibilities of agency heads. 
‘‘1008. Establishment and purpose of advisory committees. 
‘‘1009. Advisory committee procedures. 
‘‘1010. Availability of transcripts. 
‘‘1011. Fiscal and administrative provisions. 
‘‘1012. Responsibilities of Library of Congress. 
‘‘1013. Termination of advisory committees. 
‘‘1014. Requirements relating to National Academy of Sciences and National Acad-
emy of Public Administration. 
‘‘§ 1001. Definitions 
‘‘In this chapter: 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of General Services. 
‘‘(2) ADVISORY COMMITTEE.— 
‘‘(A) IN
GENERAL.—The term ‘advisory committee’ 
means a committee, board, commission, council, conference, 
panel, task force, or other similar group, or any sub-
committee or other subgroup thereof (hereafter in this para-
graph referred to as ‘committee’) that is established or 
utilized to obtain advice or recommendations for the Presi-
dent or one or more agencies or officers of the Federal 
Government and that is— 
‘‘(i) established by statute or reorganization plan; 
‘‘(ii) established or utilized by the President; or 
‘‘(iii) established or utilized by one or more agen-
cies. 
‘‘(B) EXCLUSIONS.—The term ‘advisory committee’ 
excludes— 
‘‘(i) a committee that is composed wholly of full- 
time, or permanent part-time, officers or employees 
of the Federal Government; and 
‘‘(ii) a committee that is created by the National 
Academy of Sciences or the National Academy of Public 
Administration. 
‘‘(3) AGENCY.—The term ‘agency’ has the meaning given 
the term in section 551 of this title. 
‘‘(4) PRESIDENTIAL ADVISORY COMMITTEE.—The term ‘Presi-
dential advisory committee’ means an advisory committee that 
advises the President.
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‘‘§ 1002. Findings and declarations 
‘‘(a) FINDINGS.—Congress finds that there are numerous 
committees, boards, commissions, councils, and similar groups 
which have been established to advise officers and agencies in 
the executive branch of the Federal Government and that they 
are frequently a useful and beneficial means of furnishing expert 
advice, ideas, and diverse opinions to the Federal Government. 
‘‘(b) FINDINGS AND DECLARATIONS.—Congress further finds and 
declares that— 
‘‘(1) the need for many existing advisory committees has 
not been adequately reviewed; 
‘‘(2) new advisory committees should be established only 
when they are determined to be essential and their number 
should be kept to the minimum necessary; 
‘‘(3) advisory committees should be terminated when they 
are no longer carrying out the purposes for which they were 
established; 
‘‘(4) standards and uniform procedures should govern the 
establishment, operation, administration, and duration of 
advisory committees; 
‘‘(5) Congress and the public should be kept informed with 
respect to the number, purpose, membership, activities, and 
cost of advisory committees; and 
‘‘(6) the function of advisory committees should be advisory 
only, and all matters under their consideration should be deter-
mined, in accordance with law, by the official, agency, or officer 
involved. 
‘‘§ 1003. Applicability 
‘‘(a) IN GENERAL.—This chapter, and any rule, order, or regula-
tion promulgated under this chapter, shall apply to each advisory 
committee except to the extent that the Act establishing the 
advisory committee specifically provides otherwise. 
‘‘(b) EXEMPTIONS RELATING TO CERTAIN FEDERAL ENTITIES.— 
Nothing in this chapter shall be construed to apply to an advisory 
committee established or utilized by— 
‘‘(1) the Central Intelligence Agency; 
‘‘(2) the Federal Reserve System; or 
‘‘(3) the Office of the Director of National Intelligence, 
if the Director of National Intelligence determines that for 
reasons of national security the advisory committee cannot 
comply with the requirements of this chapter. 
‘‘(c) EXEMPTIONS RELATING TO CERTAIN LOCAL AND STATE ENTI-
TIES.—Nothing in this chapter shall be construed to apply to any 
local civic group whose primary function is that of rendering a 
public service with respect to a Federal program, or any State 
or local committee, council, board, commission, or similar group 
established to advise or make recommendations to State or local 
officials or agencies. 
‘‘§ 1004. Responsibilities of congressional committees 
‘‘(a) REVIEW OF ACTIVITIES.—In the exercise of its legislative 
review function, each standing committee of the Senate and the 
House of Representatives shall make a continuing review of the 
activities of each advisory committee under its jurisdiction to deter-
mine whether such advisory committee should be abolished or
H. R. 5961—4 
merged with any other advisory committee, whether the responsibil-
ities of such advisory committee should be revised, and whether 
such advisory committee performs a necessary function not already 
being performed. Each such standing committee shall take appro-
priate action to obtain the enactment of legislation necessary to 
carry out the purpose of this subsection. 
‘‘(b) CONSIDERATION OF LEGISLATION.—In considering legisla-
tion establishing, or authorizing the establishment of any advisory 
committee, each standing committee of the Senate and of the House 
of Representatives shall determine, and report such determination 
to the Senate or to the House of Representatives, as the case 
may be, whether the functions of the proposed advisory committee 
are being or could be performed by one or more agencies or by 
an advisory committee already in existence, or by enlarging the 
mandate of an existing advisory committee. Any such legislation 
shall— 
‘‘(1) contain a clearly defined purpose for the advisory com-
mittee; 
‘‘(2) require the membership of the advisory committee 
to be fairly balanced in terms of the points of view represented 
and the functions to be performed by the advisory committee; 
‘‘(3) contain appropriate provisions to assure that the advice 
and recommendations of the advisory committee will not be 
inappropriately influenced by the appointing authority or by 
any special interest, but will instead be the result of the 
advisory committee’s independent judgment; 
‘‘(4) contain provisions dealing with authorization of appro-
priations, the date for submission of reports (if any), the dura-
tion of the advisory committee, and the publication of reports 
and other materials, to the extent that the standing committee 
determines the provisions of section 1009 of this chapter to 
be inadequate; and 
‘‘(5) contain provisions which will assure that the advisory 
committee will have adequate staff (either supplied by an 
agency or employed by it), will be provided adequate quarters, 
and will have funds available to meet its other necessary 
expenses. 
‘‘(c) ADHERENCE
TO
GUIDELINES.—To the extent they are 
applicable, the guidelines set out in subsection (b) shall be followed 
by the President, agency heads, or other Federal officials in creating 
an advisory committee. 
‘‘§ 1005. Responsibilities of the President 
‘‘(a) DELEGATION.—The President may delegate responsibility 
for evaluating and taking action, where appropriate, with respect 
to all public recommendations made to the President by Presidential 
advisory committees. 
‘‘(b) REPORT ON RESPONSE TO RECOMMENDATIONS.—Within 1 
year after a Presidential advisory committee submits a public report 
to the President, the President or the President’s delegate shall 
submit to Congress a report stating either proposals for action 
or reasons for inaction, with respect to the recommendations con-
tained in the public report. 
‘‘§ 1006. Responsibilities of the Administrator 
‘‘(a) COMMITTEE MANAGEMENT SECRETARIAT.—The Adminis-
trator shall establish and maintain within the General Services
H. R. 5961—5 
Administration a Committee Management Secretariat, which shall 
be responsible for all matters relating to advisory committees. 
‘‘(b) ANNUAL REVIEWS.— 
‘‘(1) IN GENERAL.—Each year, the Administrator shall con-
duct a comprehensive review of the activities and responsibil-
ities of each advisory committee to determine— 
‘‘(A) whether the committee is carrying out its purpose; 
‘‘(B) whether, consistent with the provisions of 
applicable statutes, the responsibilities assigned to the com-
mittee should be revised; 
‘‘(C) whether the committee should be merged with 
other advisory committees; or 
‘‘(D) whether the committee should be abolished. 
‘‘(2) OBTAINING
INFORMATION.—The Administrator may 
from time to time request such information as the Adminis-
trator deems necessary to carry out functions under this sub-
section. Agency heads shall cooperate with the Administrator 
in making the reviews required by this subsection. 
‘‘(3) RECOMMENDATIONS.—Upon completion of the review, 
the Administrator shall make recommendations to the Presi-
dent and to either the agency head or Congress with respect 
to action the Administrator believes should be taken. 
‘‘(c) ADMINISTRATIVE
GUIDELINES
AND
MANAGEMENT
CON-
TROLS.—The Administrator shall prescribe administrative guide-
lines and management controls applicable to advisory committees, 
and, to the maximum extent feasible, provide advice, assistance, 
and guidance to advisory committees to improve their performance. 
In carrying out functions under this subsection, the Administrator 
shall consider the recommendations of each agency head with 
respect to means of improving the performance of advisory commit-
tees whose duties are related to the agency. 
‘‘(d) GUIDELINES FOR UNIFORM FAIR PAY RATES.— 
‘‘(1) IN GENERAL.—The Administrator, after study and con-
sultation with the Director of the Office of Personnel Manage-
ment, shall establish guidelines with respect to uniform fair 
rates of pay for comparable services of members, staffs, and 
consultants of advisory committees in a manner that gives 
appropriate recognition to the responsibilities and qualifications 
required and other relevant factors. The guidelines shall provide 
that— 
‘‘(A) a member of an advisory committee or of the 
staff of an advisory committee shall not receive compensa-
tion at a rate in excess of the maximum rate payable 
under section 5376 of this title; 
‘‘(B) members of advisory committees, while engaged 
in the performance of their duties away from their homes 
or regular places of business, may be allowed travel 
expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of this title for persons employed 
intermittently in the Government service; and 
‘‘(C) members of advisory committees may be provided 
services pursuant to section 3102 of this title while in 
performance of their advisory committee duties if the mem-
bers— 
‘‘(i) are blind or deaf or otherwise qualify as 
individuals with disabilities (within the meaning of
H. R. 5961—6 
section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791)); and 
‘‘(ii) do not otherwise qualify for assistance under 
section 3102 of this title by reason of being an employee 
of an agency (within the meaning of section 3102(a)(1) 
of this title). 
‘‘(2) PAY FOR FULL-TIME EMPLOYEES.—Nothing in this sub-
section shall prevent an individual from receiving compensation 
at the rate at which the individual would otherwise be com-
pensated (or was compensated) as a full-time employee of the 
United States if the individual— 
‘‘(A) is a full-time employee of the United States with-
out regard to service with an advisory committee; or 
‘‘(B) was a full-time employee of the United States 
immediately before service with an advisory committee. 
‘‘(e) BUDGET
RECOMMENDATIONS.—The Administrator shall 
include in budget recommendations a summary of the amounts 
the Administrator considers necessary for the expenses of advisory 
committees, including the expenses for publication of reports where 
appropriate. 
‘‘§ 1007. Responsibilities of agency heads 
‘‘(a) ADMINISTRATIVE
GUIDELINES
AND
MANAGEMENT
CON-
TROLS.—Each agency head shall establish uniform administrative 
guidelines and management controls for advisory committees estab-
lished by that agency, which shall be consistent with directives 
of the Administrator under sections 1006 and 1009 of this title. 
Each agency shall maintain systematic information on the nature, 
functions, and operations of each advisory committee within its 
jurisdiction. 
‘‘(b) ADVISORY COMMITTEE MANAGEMENT OFFICER.—The head 
of each agency that has an advisory committee shall designate 
an Advisory Committee Management Officer who shall— 
‘‘(1) exercise control and supervision over the establish-
ment, procedures, and accomplishments of advisory committees 
established by the agency; 
‘‘(2) assemble and maintain the reports, records, and other 
papers of any advisory committee established by the agency 
during the advisory committee’s existence; and 
‘‘(3) carry out, on behalf of the agency, the provisions of 
section 552 of this title with respect to such reports, records, 
and other papers. 
‘‘§ 1008. Establishment and purpose of advisory committees 
‘‘(a) ESTABLISHMENT.—An advisory committee shall not be 
established unless establishment is— 
‘‘(1) specifically authorized by statute or by the President; 
or 
‘‘(2) determined as a matter of formal record, by the head 
of the agency involved after consultation with the Adminis-
trator, with timely notice published in the Federal Register, 
to be in the public interest in connection with the performance 
of duties imposed on that agency by law. 
‘‘(b) PURPOSE
OF ADVISORY COMMITTEES.—Unless otherwise 
specifically provided by statute or Presidential directive, advisory 
committees shall be utilized solely for advisory functions. Deter-
minations of action to be taken and policy to be expressed with
H. R. 5961—7 
respect to matters upon which an advisory committee reports or 
makes recommendations shall be made solely by the President 
or an officer of the Federal Government. 
‘‘(c) ADVISORY COMMITTEE CHARTERS.— 
‘‘(1) GENERAL REQUIREMENT.—An advisory committee shall 
not meet or take any action until an advisory committee charter 
has been filed— 
‘‘(A) with the Administrator in the case of Presidential 
advisory committees; or 
‘‘(B) with— 
‘‘(i) the head of the agency to whom the advisory 
committee reports; and 
‘‘(ii) the standing committees of the Senate and 
House of Representatives having legislative jurisdiction 
over the agency to which the advisory committee 
reports. 
‘‘(2) CONTENTS
OF
CHARTER.—The advisory committee 
charter shall contain— 
‘‘(A) the committee’s official designation; 
‘‘(B) the committee’s objectives and the scope of its 
activity; 
‘‘(C) the period of time necessary for the committee 
to carry out its purposes; 
‘‘(D) the agency or official to whom the committee 
reports; 
‘‘(E) the agency responsible for providing the necessary 
support for the committee; 
‘‘(F) a description of the duties for which the committee 
is responsible, and, if the duties are not solely advisory, 
a specification of the authority for the duties; 
‘‘(G) the estimated annual operating costs for the com-
mittee in dollars and person-years; 
‘‘(H) the estimated number and frequency of committee 
meetings; 
‘‘(I) the committee’s termination date, if less than 2 
years from the date of the committee’s establishment; and 
‘‘(J) the date the charter is filed. 
‘‘(3) COPY OF CHARTER TO LIBRARY OF CONGRESS.—A copy 
of the advisory committee charter shall be furnished to the 
Library of Congress. 
‘‘§ 1009. Advisory committee procedures 
‘‘(a) COMMITTEE MEETINGS.— 
‘‘(1) OPEN TO PUBLIC.—Each advisory committee meeting 
shall be open to the public. 
‘‘(2) NOTICE
OF
MEETINGS.—Except when the President 
determines otherwise for reasons of national security, timely 
notice of each meeting shall be published in the Federal Reg-
ister, and the Administrator shall prescribe regulations to pro-
vide for other types of public notice to insure that all interested 
persons are notified of each meeting in advance. 
‘‘(3) PARTICIPATION.—Interested persons shall be permitted 
to attend, appear before, or file statements with any advisory 
committee, subject to such reasonable rules or regulations as 
the Administrator may prescribe. 
‘‘(b) PUBLIC INSPECTION AND COPYING OF RECORDS.—Subject 
to section 552 of this title, the records, reports, transcripts, minutes,
H. R. 5961—8 
appendixes, working papers, drafts, studies, agenda, or other docu-
ments which were made available to or prepared for or by each 
advisory committee shall be available for public inspection and 
copying at a single location in the offices of the advisory committee 
or the agency to which the advisory committee reports until the 
advisory committee ceases to exist. 
‘‘(c) MINUTES.—Detailed minutes of each meeting of each 
advisory committee shall be kept and shall contain a record of 
the persons present, a complete and accurate description of matters 
discussed and conclusions reached, and copies of all reports received, 
issued, or approved by the advisory committee. The accuracy of 
all minutes shall be certified by the chairman of the advisory 
committee. 
‘‘(d) CLOSED SESSIONS.—Paragraphs (1) and (3) of subsection 
(a) shall not apply to any portion of an advisory committee meeting 
for which the President, or the head of the agency to which the 
advisory committee reports, determines that such portion of the 
meeting may be closed to the public in accordance with section 
552b(c) of this title. Any such determination shall be in writing 
and shall contain the reasons for the determination. If such a 
determination is made, the advisory committee shall issue a report, 
at least annually, setting forth a summary of its activities and 
such related matters as would be informative to the public con-
sistent with the policy of section 552(b) of this title. 
‘‘(e) DESIGNATED OFFICER OR EMPLOYEE OF FEDERAL GOVERN-
MENT.—There shall be designated an officer or employee of the 
Federal Government to chair or attend each meeting of each 
advisory committee. The officer or employee so designated is author-
ized, whenever the officer or employee determines it to be in the 
public interest, to adjourn any such meeting. An advisory committee 
shall not conduct any meeting in the absence of that designated 
officer or employee of the Federal Government. 
‘‘(f) CALL
FOR MEETING
OR ADVANCE APPROVAL.—Advisory 
committees shall not hold any meetings except at the call of, or 
with the advance approval of, a designated officer or employee 
of the Federal Government, and in the case of advisory committees 
(other than Presidential advisory committees), with an agenda 
approved by such officer or employee. 
‘‘§ 1010. Availability of transcripts 
‘‘(a) DEFINITION OF AGENCY PROCEEDING.—In this section, the 
term ‘agency proceeding’ has the meaning given the term in section 
551 of this title. 
‘‘(b) AVAILABILITY.—Agencies and advisory committees shall 
make available to any person, at actual cost of duplication, copies 
of transcripts of any agency proceeding or advisory committee 
meeting. 
‘‘§ 1011. Fiscal and administrative provisions 
‘‘(a) RECORDS.—Each agency shall keep records that fully dis-
close the disposition of any funds which may be at the disposal 
of its advisory committees and the nature and extent of their 
activities. The General Services Administration, or such other 
agency as the President may designate, shall maintain financial
H. R. 5961—9 
records with respect to Presidential advisory committees. The Comp-
troller General of the United States, or any authorized representa-
tive of the Comptroller General, shall have access to the records 
for the purpose of audit and examination. 
‘‘(b) SUPPORT SERVICES.—Each agency shall be responsible for 
providing support services for each advisory committee established 
by or reporting to it unless the establishing authority provides 
otherwise. If an advisory committee reports to more than one 
agency, only one agency at a time shall be responsible for support 
services. In the case of Presidential advisory committees, support 
services may be provided by the General Services Administration. 
‘‘§ 1012. Responsibilities of Library of Congress 
‘‘Subject to section 552 of this title, the Administrator shall 
provide for the filing with the Library of Congress of at least 
8 copies of each report made by each advisory committee and, 
where appropriate, background papers prepared by consultants. 
The Librarian of Congress shall establish a depository for the 
reports and papers and make them available for public inspection 
and use. 
‘‘§ 1013. Termination of advisory committees 
‘‘(a) IN GENERAL.— 
‘‘(1) ADVISORY COMMITTEES IN EXISTENCE ON JANUARY 5, 
1973.—Each advisory committee that is in existence on January 
5, 1973, shall terminate not later than the expiration of the 
2-year period following that date unless— 
‘‘(A) in the case of an advisory committee established 
by the President or an officer of the Federal Government, 
such advisory committee is renewed by the President or 
that officer by appropriate action prior to the expiration 
of such 2-year period; or 
‘‘(B) in the case of an advisory committee established 
by an Act of Congress, its duration is otherwise provided 
for by law. 
‘‘(2) ADVISORY COMMITTEES ESTABLISHED AFTER JANUARY 
5, 1973.—Each advisory committee established after January 
5, 1973, shall terminate not later than the expiration of the 
2-year period beginning on the date of its establishment 
unless— 
‘‘(A) in the case of an advisory committee established 
by the President or an officer of the Federal Government 
such advisory committee is renewed by the President or 
such officer by appropriate action prior to the end of such 
period; or 
‘‘(B) in the case of an advisory committee established 
by an Act of Congress, its duration is otherwise provided 
for by law. 
‘‘(b) CHARTERS.— 
‘‘(1) UPON RENEWAL.—Upon the renewal of an advisory 
committee, the advisory committee shall file a charter in accord-
ance with section 1008(c) of this title. 
‘‘(2) UPON EXPIRATION OF SUCCESSIVE 2-YEAR PERIODS.— 
An advisory committee established by an Act of Congress shall 
file a charter in accordance with section 1008(c) of this title 
upon the expiration of each successive 2-year period following
H. R. 5961—10 
the date of enactment of the Act establishing the advisory 
committee. 
‘‘(3) PROHIBITION ON ACTION PRIOR TO FILING CHARTER.— 
An advisory committee required to file a charter under this 
subsection shall not take any action (other than preparation 
and filing of the charter) prior to the date on which the charter 
is filed. 
‘‘(c) SUCCESSIVE TWO-YEAR PERIODS.—An advisory committee 
that is renewed by the President or an officer of the Federal 
Government may be continued only for successive 2-year periods 
by appropriate action taken by the President or the officer prior 
to the date on which the advisory committee would otherwise termi-
nate. 
‘‘§ 1014. Requirements relating to National Academy of 
Sciences 
and 
National 
Academy 
of 
Public 
Administration 
‘‘(a) IN GENERAL.—An agency may not use any advice or rec-
ommendation provided by the National Academy of Sciences or 
National Academy of Public Administration that was developed 
by use of a committee created by that academy under an agreement 
with an agency, unless— 
‘‘(1) the committee was not subject to any actual manage-
ment or control by an agency or an officer of the Federal 
Government; 
‘‘(2) in the case of a committee created after December 
17, 1997, the membership of the committee was appointed 
in accordance with the requirements described in subsection 
(b)(1); and 
‘‘(3) in developing the advice or recommendation, the 
academy complied with— 
‘‘(A) subsection (b)(2) through (6), in the case of any 
advice or recommendation provided by the National 
Academy of Sciences; or 
‘‘(B) subsection (b)(2) and (5), in the case of any advice 
or recommendation provided by the National Academy of 
Public Administration. 
‘‘(b) REQUIREMENTS.—The requirements referred to in sub-
section (a) are as follows: 
‘‘(1) PUBLIC NOTICE REGARDING APPOINTEES.—The Academy 
shall determine and provide public notice of the names and 
brief biographies of individuals that the Academy appoints 
or intends to appoint to serve on the committee. The Academy 
shall determine and provide a reasonable opportunity for the 
public to comment on appointments before they are made or, 
if the Academy determines prior comment is not practicable, 
in the period immediately following the appointments. The 
Academy shall require that any individual the Academy 
appoints (or intends to appoint) to serve on the committee 
inform the Academy of the individual’s conflicts of interest 
that are relevant to the functions to be performed. The Academy 
shall make its best efforts to ensure that— 
‘‘(A) no individual appointed to serve on the committee 
has a conflict of interest that is relevant to the functions 
to be performed, unless such conflict is promptly and pub-
licly disclosed and the Academy determines that the conflict 
is unavoidable;
H. R. 5961—11 
‘‘(B) the committee membership is fairly balanced as 
determined by the Academy to be appropriate for the func-
tions to be performed; and 
‘‘(C) the final report of the Academy will be the result 
of the Academy’s independent judgment. 
‘‘(2) 
PUBLIC
NOTICE
OF
COMMITTEE
MEETINGS.—The 
Academy shall determine and provide public notice of committee 
meetings that will be open to the public. 
‘‘(3) DATA-GATHERING
MEETINGS.—The Academy shall 
ensure that meetings of the committee to gather data from 
individuals who are not officials, agents, or employees of the 
Academy are open to the public, unless the Academy determines 
that a meeting would disclose matters described in section 
552(b) of this title. The Academy shall make available to the 
public, at reasonable charge if appropriate, written materials 
presented to the committee by individuals who are not officials, 
agents, or employees of the Academy, unless the Academy 
determines that making material available would disclose mat-
ters described in section 552(b) of this title. 
‘‘(4) OTHER MEETINGS.—The Academy shall make available 
to the public as soon as practicable, at reasonable charge if 
appropriate, a brief summary of any committee meeting that 
is not a data-gathering meeting, unless the Academy deter-
mines that the summary would disclose matters described in 
section 552(b) of this title. The summary shall identify the 
committee members present, the topics discussed, materials 
made available to the committee, and other matters the 
Academy determines should be included. 
‘‘(5) FINAL REPORT.—The Academy shall make available 
to the public its final report, at reasonable charge if appropriate, 
unless the Academy determines that the report would disclose 
matters described in section 552(b) of this title. If the Academy 
determines that the report would disclose matters described 
in section 552(b) of this title, the Academy shall make public 
an abbreviated version of the report that does not disclose 
those matters. 
‘‘(6) REVIEWERS OF REPORT.—After publication of the final 
report, the Academy shall make publicly available the names 
of the principal reviewers who reviewed the report in draft 
form and who are not officials, agents, or employees of the 
Academy. 
‘‘(c) REGULATIONS.—The Administrator of General Services may 
issue regulations implementing this section.’’. 
(b) ENACTMENT OF CHAPTER 4.—Part I of title 5, United States 
Code, as amended by subsection (a), is amended by inserting after 
chapter 3 the following: 
‘‘Chapter 4—INSPECTORS GENERAL 
‘‘Sec. 
‘‘401. Definitions. 
‘‘402. Establishment and purpose of Offices of Inspector General. 
‘‘403. Appointments. 
‘‘404. Duties and responsibilities. 
‘‘405. Reports. 
‘‘406. Authority of Inspector General. 
‘‘407. Complaints by employees. 
‘‘408. Additional provisions with respect to the Inspector General of the Department 
of Defense.
H. R. 5961—12 
‘‘409. Special provisions concerning the Agency for International Development. 
‘‘410. Special provisions concerning the Nuclear Regulatory Commission. 
‘‘411. Special provisions concerning the Federal Deposit Insurance Corporation. 
‘‘412. Special provisions concerning the Department of the Treasury. 
‘‘413. Special provisions concerning the Department of Justice. 
‘‘414. Special provisions concerning the Corporation for National and Community 
Service. 
‘‘415. Requirements for Federal entities and designated Federal entities. 
‘‘416. Additional provisions with respect to Inspectors General of the intelligence 
community. 
‘‘417. Special provisions concerning the Department of Homeland Security. 
‘‘418. Rule of construction of special provisions. 
‘‘419. Special provisions concerning overseas contingency operations. 
‘‘420. Information on websites of Offices of Inspectors General. 
‘‘421. Additional provisions with respect to the Department of Energy. 
‘‘422. Transfer of functions. 
‘‘423. Pay of Inspectors General. 
‘‘424. Establishment of the Council of the Inspectors General on Integrity and Effi-
ciency. 
‘‘§ 401. Definitions 
‘‘In this chapter: 
‘‘(1) ESTABLISHMENT.—The term ‘establishment’ means the 
Department of Agriculture, Commerce, Defense, Education, 
Energy, Health and Human Services, Housing and Urban 
Development, the Interior, Justice, Labor, State, Transpor-
tation, Homeland Security, the Treasury, or Veterans Affairs; 
the Agency for International Development, the Community 
Development Financial Institutions Fund, the Environmental 
Protection Agency, the Federal Communications Commission, 
the Federal Emergency Management Agency, the General Serv-
ices Administration, the National Aeronautics and Space 
Administration, the Nuclear Regulatory Commission, the Office 
of Personnel Management, the Railroad Retirement Board, the 
Federal Deposit Insurance Corporation, the Small Business 
Administration, the Corporation for National and Community 
Service, the Social Security Administration, the Federal 
Housing Finance Agency, the Tennessee Valley Authority, the 
Export-Import Bank of the United States, the Commissions 
established under section 15301 of title 40, the National Secu-
rity Agency, or the National Reconnaissance Office, as the 
case may be. 
‘‘(2) FEDERAL AGENCY.—The term ‘Federal agency’ means 
an agency as defined in section 552(f) of this title (including 
an establishment as defined in paragraph (1)), but shall not 
be construed to include the Government Accountability Office. 
‘‘(3) HEAD OF THE ESTABLISHMENT.—The term ‘head of the 
establishment’ means the Secretary of Agriculture, Commerce, 
Defense, Education, Energy, Health and Human Services, 
Housing and Urban Development, the Interior, Labor, State, 
Transportation, Homeland Security, the Treasury, or Veterans 
Affairs; the Attorney General; the Administrator of the Agency 
for International Development, Environmental Protection, Gen-
eral Services, National Aeronautics and Space, Small Business, 
or the Federal Emergency Management Agency; the Director 
of the Office of Personnel Management; the Chairman of the 
Nuclear Regulatory Commission, the Federal Communications 
Commission, or the Railroad Retirement Board; the Chief 
Executive Officer of the Corporation for National and Commu-
nity Service; the Administrator of the Community Development 
Financial Institutions Fund; the Chairperson of the Federal
H. R. 5961—13 
Deposit Insurance Corporation; the Commissioner of Social 
Security, Social Security Administration; the Director of the 
Federal Housing Finance Agency; the Board of Directors of 
the Tennessee Valley Authority; the President of the Export- 
Import Bank of the United States; the Federal Cochairpersons 
of the Commissions established under section 15301 of title 
40; the Director of the National Security Agency; or the Director 
of the National Reconnaissance Office; as the case may be. 
‘‘(4) INSPECTOR
GENERAL.—The term ‘Inspector General’ 
means the Inspector General of an establishment. 
‘‘(5) OFFICE.—The term ‘Office’ means the Office of 
Inspector General of an establishment. 
‘‘§ 402. Establishment and purpose of Offices of Inspector 
General 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2), in each of 
the establishments listed in section 401(1) of this title, there 
is established an Office of Inspector General. 
‘‘(2) DEPARTMENT OF THE TREASURY.—In the establishment 
of the Department of the Treasury, there is established— 
‘‘(A) an Office of Inspector General of the Department 
of the Treasury; and 
‘‘(B) an Office of Treasury Inspector General for Tax 
Administration. 
‘‘(b) PURPOSE.—The offices established under subsection (a) are 
established in order to create independent and objective units— 
‘‘(1) to conduct and supervise audits and investigations 
relating to the programs and operations of the establishments 
listed in section 401(1) of this title; 
‘‘(2) to provide leadership and coordination and recommend 
policies for activities designed— 
‘‘(A) to promote economy, efficiency, and effectiveness 
in the administration of those programs and operations; 
and 
‘‘(B) to prevent and detect fraud and abuse in those 
programs and operations; and 
‘‘(3) to provide a means for keeping the head of the 
establishments and Congress fully and currently informed 
about problems and deficiencies relating to the administration 
of those programs and operations and the necessity for and 
progress of corrective action. 
‘‘§ 403. Appointments 
‘‘(a) IN GENERAL.—There shall be at the head of each Office 
an Inspector General who shall be appointed by the President, 
by and with the advice and consent of the Senate, without regard 
to political affiliation and solely on the basis of integrity and dem-
onstrated ability in accounting, auditing, financial analysis, law, 
management analysis, public administration, or investigations. 
Each Inspector General shall report to and be under the general 
supervision of the head of the establishment involved or, to the 
extent such authority is delegated, the officer next in rank below 
such head, but shall not report to, or be subject to supervision 
by, any other officer of the establishment. Neither the head of 
the establishment nor the officer next in rank below the head 
shall prevent or prohibit the Inspector General from initiating,
H. R. 5961—14 
carrying out, or completing any audit or investigation, or from 
issuing any subpoena during the course of any audit or investiga-
tion. 
‘‘(b) REMOVAL OR TRANSFER.—An Inspector General may be 
removed from office by the President. If an Inspector General is 
removed from office or is transferred to another position or location 
within an establishment, the President shall communicate in 
writing the reasons for any such removal or transfer to both Houses 
of Congress, not later than 30 days before the removal or transfer. 
Nothing in this subsection shall prohibit a personnel action other-
wise authorized by law, other than transfer or removal. 
‘‘(c) NOT EMPLOYEE DETERMINING POLICY.—For the purposes 
of section 7324 of this title, an Inspector General shall not be 
considered to be an employee who determines policies to be pursued 
by the United States in the nationwide administration of Federal 
laws. 
‘‘(d) ASSISTANT INSPECTORS GENERAL
AND WHISTLEBLOWER 
PROTECTION COORDINATOR.— 
‘‘(1) IN GENERAL.—Each Inspector General shall, in accord-
ance with applicable laws and regulations governing the civil 
service— 
‘‘(A) appoint an Assistant Inspector General for 
Auditing who shall have the responsibility for supervising 
the performance of auditing activities relating to programs 
and operations of the establishment; 
‘‘(B) appoint an Assistant Inspector General for Inves-
tigations who shall have the responsibility for supervising 
the performance of investigative activities relating to such 
programs and operations; and 
‘‘(C) designate a Whistleblower Protection Coordinator 
who shall— 
‘‘(i) educate agency employees— 
‘‘(I) about prohibitions against retaliation for 
protected disclosures; and 
‘‘(II) who have made or are contemplating 
making a protected disclosure about the rights 
and remedies against retaliation for protected 
disclosures, including— 
‘‘(aa) the means by which employees may 
seek review of any allegation of reprisal, 
including the roles of the Office of the 
Inspector General, the Office of Special 
Counsel, the Merit Systems Protection Board, 
and any other relevant entities; and 
‘‘(bb) general information about the timeli-
ness of such cases, the availability of any alter-
native dispute mechanisms, and avenues for 
potential relief; 
‘‘(ii) assist the Inspector General in promoting the 
timely and appropriate handling and consideration of 
protected disclosures and allegations of reprisal, to the 
extent practicable, by the Inspector General; and 
‘‘(iii) assist the Inspector General in facilitating 
communication and coordination with the Special 
Counsel, the Council of the Inspectors General on 
Integrity and Efficiency, the establishment, Congress, 
and any other relevant entity regarding the timely
H. R. 5961—15 
and appropriate handling and consideration of pro-
tected disclosures, allegations of reprisal, and general 
matters regarding the implementation and administra-
tion of whistleblower protection laws, rules, and regula-
tions. 
‘‘(2) WHISTLEBLOWER PROTECTION COORDINATOR NOT TO ACT 
AS LEGAL REPRESENTATIVE, AGENT, OR ADVOCATE.—The Whistle-
blower Protection Coordinator shall not act as a legal represent-
ative, agent, or advocate of the employee or former employee. 
‘‘(3) WHISTLEBLOWER PROTECTION COORDINATOR ACCESS TO 
INSPECTOR
GENERAL.—The Whistleblower Protection Coordi-
nator shall have direct access to the Inspector General as 
needed to accomplish the requirements of this subsection. 
‘‘(4) WHISTLEBLOWER PROTECTION COORDINATOR EXCEPTION 
FOR INTELLIGENCE ACTIVITY.—For the purposes of this section, 
the requirement of the designation of a Whistleblower Protec-
tion Coordinator under paragraph (1)(C) shall not apply to— 
‘‘(A) any agency that is an element of the intelligence 
community (as defined in section 3(4) of the National Secu-
rity Act of 1947 (50 U.S.C. 3003(4))); or 
‘‘(B) as determined by the President, any executive 
agency or unit thereof the principal function of which is 
the conduct of foreign intelligence or counter intelligence 
activities. 
‘‘(e) RATE OF PAY.—The annual rate of basic pay for an Inspector 
General (as defined under section 401 of this title) shall be the 
rate payable for level III of the Executive Schedule under section 
5314 of this title, plus 3 percent. 
‘‘(f) PROHIBITION ON CASH AWARDS.—An Inspector General (as 
defined under section 401 or 415(a) of this title) may not receive 
any cash award or cash bonus, including any cash award under 
chapter 45 of this title. 
‘‘(g) LEGAL ADVICE.—Each Inspector General shall, in accord-
ance with applicable laws and regulations governing the civil 
service, obtain legal advice from a counsel either reporting directly 
to the Inspector General or another Inspector General. 
‘‘§ 404. Duties and responsibilities 
‘‘(a) IN GENERAL.—It shall be the duty and responsibility of 
each Inspector General, with respect to the establishment within 
which the Inspector General’s Office is established— 
‘‘(1) to provide policy direction for and to conduct, supervise, 
and coordinate audits and investigations relating to the pro-
grams and operations of the establishment; 
‘‘(2) to review existing and proposed legislation and regula-
tions relating to programs and operations of the establishment 
and to make recommendations in the semiannual reports 
required by section 405(b) of this title concerning the impact 
of the legislation and regulations on the economy and efficiency 
in the administration of programs and operations administered 
or financed by the establishment, or the prevention and detec-
tion of fraud and abuse in the programs and operations; 
‘‘(3) to recommend policies for, and to conduct, supervise, 
or coordinate other activities carried out or financed by, the 
establishment for the purpose of promoting economy and effi-
ciency in the administration of, or preventing and detecting 
fraud and abuse in, its programs and operations;
H. R. 5961—16 
‘‘(4) to recommend policies for the establishment, and to 
conduct, supervise, or coordinate relationships between the 
establishment and other Federal agencies, State and local 
governmental agencies, and nongovernmental entities, with 
respect to— 
‘‘(A) all matters relating to the promotion of economy 
and efficiency in the administration of, or the prevention 
and detection of fraud and abuse in, programs and oper-
ations administered or financed by the establishment; or 
‘‘(B) the identification and prosecution of participants 
in fraud or abuse referred to in subparagraph (A); and 
‘‘(5) to keep the head of the establishment and Congress 
fully and currently informed, by means of the reports required 
by section 405 of this title and otherwise, concerning fraud 
and other serious problems, abuses, and deficiencies relating 
to the administration of programs and operations administered 
or financed by the establishment, to recommend corrective 
action concerning the problems, abuses, and deficiencies, and 
to report on the progress made in implementing the corrective 
action. 
‘‘(b) STANDARDS AND GUIDELINES.— 
‘‘(1) IN GENERAL.—In carrying out the responsibilities speci-
fied in subsection (a)(1), each Inspector General shall— 
‘‘(A) comply with standards established by the Comp-
troller General of the United States for audits of Federal 
establishments, organizations, programs, activities, and 
functions; 
‘‘(B) establish guidelines for determining when it shall 
be appropriate to use non-Federal auditors; and 
‘‘(C) take appropriate steps to ensure that any work 
performed by non-Federal auditors complies with the stand-
ards established by the Comptroller General as described 
in paragraph (1). 
‘‘(2) REVIEWS PERFORMED EXCLUSIVELY BY AUDIT ENTITIES 
IN FEDERAL GOVERNMENT.—For purposes of determining compli-
ance with paragraph (1)(A) with respect to whether internal 
quality controls are in place and operating and whether estab-
lished audit standards, policies, and procedures are being fol-
lowed by Offices of Inspector General of establishments defined 
under section 401 of this title, Offices of Inspector General 
of designated Federal entities defined under section 415(a) of 
this title, and any audit office established within a Federal 
entity defined under section 415(a) of this title, reviews shall 
be performed exclusively by an audit entity in the Federal 
Government, including the Government Accountability Office 
or the Office of Inspector General of each establishment defined 
under section 401 of this title, or the Office of Inspector General 
of each designated Federal entity defined under section 415(a) 
of this title. 
‘‘(c) EFFECTIVE COORDINATION AND COOPERATION.—In carrying 
out the duties and responsibilities established under this chapter, 
each Inspector General shall give particular regard to the activities 
of the Comptroller General of the United States with a view toward 
avoiding duplication and ensuring effective coordination and 
cooperation. 
‘‘(d) REPORTING VIOLATION OF FEDERAL CRIMINAL LAW.—In car-
rying out the duties and responsibilities established under this
H. R. 5961—17 
chapter, each Inspector General shall report expeditiously to the 
Attorney General whenever the Inspector General has reasonable 
grounds to believe there has been a violation of Federal criminal 
law. 
‘‘(e) RECOMMENDATIONS FOR CORRECTIVE ACTIONS.— 
‘‘(1) SUBMISSION OF DOCUMENTS.—In carrying out the duties 
and responsibilities established under this chapter, whenever 
an Inspector General issues a recommendation for corrective 
action to the agency, the Inspector General— 
‘‘(A) shall submit the document making a recommenda-
tion for corrective action to— 
‘‘(i) the head of the establishment; 
‘‘(ii) the congressional committees of jurisdiction; 
and 
‘‘(iii) if the recommendation for corrective action 
was initiated upon request by an individual or entity 
other than the Inspector General, that individual or 
entity; 
‘‘(B) may submit the document making a recommenda-
tion for corrective action to any Member of Congress upon 
request; and 
‘‘(C) not later than 3 days after the recommendation 
for corrective action is submitted in final form to the head 
of the establishment, post the document making a rec-
ommendation for corrective action on the website of the 
Office of Inspector General. 
‘‘(2) PUBLIC DISCLOSURE OTHERWISE PROHIBITED BY LAW.— 
Nothing in this subsection shall be construed as authorizing 
an Inspector General to publicly disclose information otherwise 
prohibited from disclosure by law. 
‘‘§ 405. Reports 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DISALLOWED COST.—The term ‘disallowed cost’ means 
a questioned cost that management, in a management decision, 
has sustained or agreed should not be charged to the Govern-
ment. 
‘‘(2) FINAL ACTION.—The term ‘final action’ means— 
‘‘(A) the completion of all actions that the management 
of an establishment has concluded, in its management deci-
sion, are necessary with respect to the findings and rec-
ommendations included in an audit report; and 
‘‘(B) in the event that the management of an establish-
ment concludes no action is necessary, final action occurs 
when a management decision has been made. 
‘‘(3) MANAGEMENT DECISION.—The term ‘management deci-
sion’ means the evaluation by the management of an establish-
ment of the findings and recommendations included in an audit 
report and the issuance of a final decision by management 
concerning its response to the findings and recommendations, 
including actions concluded to be necessary. 
‘‘(4) QUESTIONED COST.—The term ‘questioned cost’ means 
a cost that is questioned by the Office because of— 
‘‘(A) an alleged violation of a provision of a law, regula-
tion, contract, grant, cooperative agreement, or other agree-
ment or document governing the expenditure of funds;
H. R. 5961—18 
‘‘(B) a finding that, at the time of the audit, the cost 
is not supported by adequate documentation; or 
‘‘(C) a finding that the expenditure of funds for the 
intended purpose is unnecessary or unreasonable. 
‘‘(5) RECOMMENDATION
THAT
FUNDS
BE
PUT
TO
BETTER 
USE.—The term ‘recommendation that funds be put to better 
use’ means a recommendation by the Office that funds could 
be used more efficiently if management of an establishment 
took actions to implement and complete the recommendation, 
including— 
‘‘(A) reductions in outlays; 
‘‘(B) deobligation of funds from programs or operations; 
‘‘(C) withdrawal of interest subsidy costs on loans or 
loan guarantees, insurance, or bonds; 
‘‘(D) costs not incurred by implementing recommended 
improvements related to the operations of the establish-
ment, a contractor, or grantee; 
‘‘(E) avoidance of unnecessary expenditures noted in 
preaward reviews of contract or grant agreements; or 
‘‘(F) any other savings which are specifically identified. 
‘‘(6) SENIOR
GOVERNMENT
EMPLOYEE.—The term ‘senior 
Government employee’ means— 
‘‘(A) an officer or employee in the executive branch 
(including a special Government employee as defined in 
section 202 of title 18) who occupies a position classified 
at or above GS–15 of the General Schedule or, in the 
case of positions not under the General Schedule, for which 
the rate of basic pay is equal to or greater than 120 
percent of the minimum rate of basic pay payable for 
GS–15 of the General Schedule; and 
‘‘(B) any commissioned officer in the Armed Forces 
in pay grades O–6 and above. 
‘‘(7) UNSUPPORTED
COST.—The term ‘unsupported cost’ 
means a cost that is questioned by the Office because the 
Office found that, at the time of the audit, such cost is not 
supported by adequate documentation. 
‘‘(b) SEMIANNUAL REPORTS.—Each Inspector General shall, not 
later than April 30 and October 31 of each year, prepare semiannual 
reports summarizing the activities of the Office during the imme-
diately preceding 6-month periods ending March 31 and September 
30. The reports shall include, but need not be limited to— 
‘‘(1) a description of significant problems, abuses, and defi-
ciencies relating to the administration of programs and oper-
ations of such establishment disclosed by such activities during 
the reporting period; 
‘‘(2) a description of the recommendations for corrective 
action made by the Office during the reporting period with 
respect to significant problems, abuses, or deficiencies identified 
pursuant to paragraph (1); 
‘‘(3) an identification of each significant recommendation 
described in previous semiannual reports on which corrective 
action has not been completed; 
‘‘(4) a summary of matters referred to prosecutive authori-
ties and the prosecutions and convictions which have resulted; 
‘‘(5) a summary of each report made to the head of the 
establishment under section 406(c)(2) of this title during the 
reporting period;
H. R. 5961—19 
‘‘(6) a listing, subdivided according to subject matter, of 
each audit report, inspection report, and evaluation report 
issued by the Office during the reporting period and for each 
report, where applicable, the total dollar value of questioned 
costs (including a separate category for the dollar value of 
unsupported costs) and the dollar value of recommendations 
that funds be put to better use; 
‘‘(7) a summary of each particularly significant report; 
‘‘(8) statistical tables showing the total number of audit 
reports, inspection reports, and evaluation reports and the total 
dollar value of questioned costs (including a separate category 
for the dollar value of unsupported costs), for reports— 
‘‘(A) for which no management decision had been made 
by the commencement of the reporting period; 
‘‘(B) which were issued during the reporting period; 
‘‘(C) for which a management decision was made during 
the reporting period, including— 
‘‘(i) the dollar value of disallowed costs; and 
‘‘(ii) the dollar value of costs not disallowed; and 
‘‘(D) for which no management decision has been made 
by the end of the reporting period; 
‘‘(9) statistical tables showing the total number of audit 
reports, inspection reports, and evaluation reports and the 
dollar value of recommendations that funds be put to better 
use by management, for reports— 
‘‘(A) for which no management decision had been made 
by the commencement of the reporting period; 
‘‘(B) which were issued during the reporting period; 
‘‘(C) for which a management decision was made during 
the reporting period, including— 
‘‘(i) the dollar value of recommendations that were 
agreed to by management; and 
‘‘(ii) the dollar value of recommendations that were 
not agreed to by management; and 
‘‘(D) for which no management decision has been made 
by the end of the reporting period; 
‘‘(10) a summary of each audit report, inspection report, 
and evaluation report issued before the commencement of the 
reporting period— 
‘‘(A) for which no management decision has been made 
by the end of the reporting period (including the date 
and title of each such report), an explanation of the reasons 
such management decision has not been made, and a state-
ment concerning the desired timetable for achieving a 
management decision on each such report; 
‘‘(B) for which no establishment comment was returned 
within 60 days of providing the report to the establishment; 
and 
‘‘(C) 
for 
which 
there 
are 
any 
outstanding 
unimplemented recommendations, including the aggregate 
potential cost savings of those recommendations; 
‘‘(11) a description and explanation of the reasons for any 
significant revised management decision made during the 
reporting period; 
‘‘(12) information concerning any significant management 
decision with which the Inspector General is in disagreement;
H. R. 5961—20 
‘‘(13) the information described under section 804(b) of 
the Federal Financial Management Improvement Act of 1996 
(Public Law 104–208, §101(f) [title VIII], 31 U.S.C. 3512 note); 
‘‘(14)(A) an appendix containing the results of any peer 
review conducted by another Office of Inspector General during 
the reporting period; or 
‘‘(B) if no peer review was conducted within that reporting 
period, a statement identifying the date of the last peer review 
conducted by another Office of Inspector General; 
‘‘(15) a list of any outstanding recommendations from any 
peer review conducted by another Office of Inspector General 
that have not been fully implemented, including a statement 
describing the status of the implementation and why 
implementation is not complete; 
‘‘(16) a list of any peer reviews conducted by the Inspector 
General of another Office of the Inspector General during the 
reporting period, including a list of any outstanding rec-
ommendations made from any previous peer review (including 
any peer review conducted before the reporting period) that 
remain outstanding or have not been fully implemented; 
‘‘(17) statistical tables showing— 
‘‘(A) the total number of investigative reports issued 
during the reporting period; 
‘‘(B) the total number of persons referred to the Depart-
ment of Justice for criminal prosecution during the 
reporting period; 
‘‘(C) the total number of persons referred to State 
and local prosecuting authorities for criminal prosecution 
during the reporting period; and 
‘‘(D) the total number of indictments and criminal 
informations during the reporting period that resulted from 
any prior referral to prosecuting authorities; 
‘‘(18) a description of the metrics used for developing the 
data for the statistical tables under paragraph (17); 
‘‘(19) a report on each investigation conducted by the Office 
involving a senior Government employee where allegations of 
misconduct were substantiated, including the name of the 
senior government official (as defined by the department or 
agency) if already made public by the Office, and a detailed 
description of— 
‘‘(A) the facts and circumstances of the investigation; 
and 
‘‘(B) the status and disposition of the matter, 
including— 
‘‘(i) if the matter was referred to the Department 
of Justice, the date of the referral; and 
‘‘(ii) if the Department of Justice declined the 
referral, the date of the declination; 
‘‘(20)(A) a detailed description of any instance of whistle-
blower retaliation, including information about the official 
found to have engaged in retaliation; and 
‘‘(B) what, if any, consequences the establishment actually 
imposed to hold the official described in subparagraph (A) 
accountable; 
‘‘(21) a detailed description of any attempt by the establish-
ment to interfere with the independence of the Office, 
including—
H. R. 5961—21 
‘‘(A) with budget constraints designed to limit the 
capabilities of the Office; and 
‘‘(B) incidents where the establishment has resisted 
or objected to oversight activities of the Office or restricted 
or significantly delayed access to information, including 
the justification of the establishment for such action; and 
‘‘(22) detailed descriptions of the particular circumstances 
of each— 
‘‘(A) inspection, evaluation, and audit conducted by 
the Office that is closed and was not disclosed to the 
public; and 
‘‘(B) investigation conducted by the Office involving 
a senior Government employee that is closed and was not 
disclosed to the public. 
‘‘(c) FURNISHING SEMIANNUAL REPORTS TO HEAD OF ESTABLISH-
MENT AND CONGRESS.—Semiannual reports of each Inspector Gen-
eral shall be furnished to the head of the establishment involved 
not later than April 30 and October 31 of each year and shall 
be transmitted by the head of the establishment 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— 
‘‘(1) any comments the head of the establishment deter-
mines appropriate; 
‘‘(2) statistical tables showing the total number of audit 
reports, inspection reports, and evaluation reports and the 
dollar value of disallowed costs, for reports— 
‘‘(A) for which final action had not been taken by 
the commencement of the reporting period; 
‘‘(B) on which management decisions were made during 
the reporting period; 
‘‘(C) for which final action was taken during the 
reporting period, including— 
‘‘(i) the dollar value of disallowed costs that were 
recovered by management through collection, offset, 
property in lieu of cash, or otherwise; and 
‘‘(ii) the dollar value of disallowed costs that were 
written off by management; and 
‘‘(D) for which no final action has been taken by the 
end of the reporting period; 
‘‘(3) statistical tables showing the total number of audit 
reports, inspection reports, and evaluation reports and the 
dollar value of recommendations that funds be put to better 
use by management agreed to in a management decision, for 
reports— 
‘‘(A) for which final action had not been taken by 
the commencement of the reporting period; 
‘‘(B) on which management decisions were made during 
the reporting period; 
‘‘(C) for which final action was taken during the 
reporting period, including— 
‘‘(i) the dollar value of recommendations that were 
actually completed; and 
‘‘(ii) the dollar value of recommendations that 
management has subsequently concluded should not 
or could not be implemented or completed; and
H. R. 5961—22 
‘‘(D) for which no final action has been taken by the 
end of the reporting period; 
‘‘(4) whether the establishment entered into a settlement 
agreement with the official described in subsection (b)(20)(A), 
which shall be reported regardless of any confidentiality agree-
ment relating to the settlement agreement; and 
‘‘(5) a statement with respect to audit reports on which 
management decisions have been made but final action has 
not been taken, other than audit reports on which a manage-
ment decision was made within the preceding year, con-
taining— 
‘‘(A) a list of such audit reports and the date each 
such report was issued; 
‘‘(B) the dollar value of disallowed costs for each report; 
‘‘(C) the dollar value of recommendations that funds 
be put to better use agreed to by management for each 
report; and 
‘‘(D) an explanation of the reasons final action has 
not been taken with respect to each audit report, 
except that the statement may exclude any audit reports that 
are under formal administrative or judicial appeal or upon 
which management of an establishment has agreed to pursue 
a legislative solution, but the statement shall identify the 
number of reports in each category so excluded. 
‘‘(d) REPORTS AVAILABLE TO PUBLIC.—Within 60 days of the 
transmission of the semiannual reports of each Inspector General 
to Congress, the head of each establishment shall make copies 
of the report available to the public upon request and at a reason-
able cost. Within 60 days after the transmission of the semiannual 
reports of each establishment head to Congress, the head of each 
establishment shall make copies of the report available to the 
public upon request and at a reasonable cost. 
‘‘(e) 
REPORTING
SERIOUS
PROBLEMS, 
ABUSES, 
OR
DEFI-
CIENCIES.—Each Inspector General shall report immediately to the 
head of the establishment involved whenever the Inspector General 
becomes aware of particularly serious or flagrant problems, abuses, 
or deficiencies relating to the administration of programs and oper-
ations of the establishment. The head of the establishment shall 
transmit any such report to the appropriate committees or sub-
committees of Congress within 7 calendar days, together with a 
report by the head of the establishment containing any comments 
the establishment head deems appropriate. 
‘‘(f) LIMITATION ON PUBLIC DISCLOSURE OF INFORMATION.— 
‘‘(1) IN GENERAL.—Nothing in this section shall be con-
strued to authorize the public disclosure of information that 
is— 
‘‘(A) specifically prohibited from disclosure by any other 
provision of law; 
‘‘(B) specifically required by Executive order to be pro-
tected from disclosure in the interest of national defense 
or national security or in the conduct of foreign affairs; 
or 
‘‘(C) a part of an ongoing criminal investigation. 
‘‘(2) CRIMINAL
INVESTIGATION
INFORMATION
IN
PUBLIC 
RECORDS.—Notwithstanding paragraph (1)(C), any report under 
this section may be disclosed to the public in a form which 
includes information with respect to a part of an ongoing
H. R. 5961—23 
criminal investigation if such information has been included 
in a public record. 
‘‘(3) NO AUTHORIZATION TO WITHHOLD INFORMATION FROM 
CONGRESS.—Except to the extent and in the manner provided 
under section 6103(f) of the Internal Revenue Code of 1986 
(26 U.S.C. 6103(f)), nothing in this section or in any other 
provision of this chapter shall be construed to authorize or 
permit the withholding of information from Congress, or from 
any committee or subcommittee of Congress. 
‘‘(4) PROVISION
OF
INFORMATION
TO
MEMBERS
OF
CON-
GRESS.—Subject to any other provision of law that would other-
wise prohibit disclosure of such information, the information 
described in paragraph (1) may be provided to any Member 
of Congress upon request. 
‘‘(5) PROTECTION OF PERSONALLY IDENTIFIABLE INFORMA-
TION OF WHISTLEBLOWERS.—An Office may not provide to Con-
gress or the public any information that reveals the personally 
identifiable information of a whistleblower under this section 
unless the Office first obtains the consent of the whistleblower. 
‘‘§ 406. Authority of Inspector General 
‘‘(a) IN GENERAL.—In addition to the authority otherwise pro-
vided by this chapter, each Inspector General, in carrying out 
the provisions of this chapter, is authorized— 
‘‘(1)(A) to have timely access to all records, reports, audits, 
reviews, documents, papers, recommendations, or other mate-
rials available to the applicable establishment which relate 
to the programs and operations with respect to which that 
Inspector General has responsibilities under this chapter; 
‘‘(B) to have access under subparagraph (A) notwith-
standing any other provision of law, except pursuant to any 
provision of law enacted by Congress that expressly— 
‘‘(i) refers to the Inspector General; and 
‘‘(ii) limits the right of access of the Inspector General; 
and 
‘‘(C) except as provided in subsection (i), with regard to 
Federal grand jury materials protected from disclosure pursu-
ant to rule 6(e) of the Federal Rules of Criminal Procedure, 
to have timely access to such information if the Attorney Gen-
eral grants the request in accordance with subsection (h); 
‘‘(2) to make such investigations and reports relating to 
the administration of the programs and operations of the 
applicable establishment as are, in the judgment of the 
Inspector General, necessary or desirable; 
‘‘(3) to request such information or assistance as may be 
necessary for carrying out the duties and responsibilities pro-
vided by this chapter from any Federal, State, or local govern-
mental agency or unit thereof; 
‘‘(4) to require by subpoena the production of all informa-
tion, documents, reports, answers, records, accounts, papers, 
and other data in any medium (including electronically stored 
information), as well as any tangible thing and documentary 
evidence necessary in the performance of the functions assigned 
by this chapter, which subpoena, in the case of contumacy 
or refusal to obey, shall be enforceable by order of any appro-
priate United States district court, but procedures other than
H. R. 5961—24 
subpoenas shall be used by the Inspector General to obtain 
documents and information from Federal agencies; 
‘‘(5) to administer to or take from any person an oath, 
affirmation, or affidavit, whenever necessary in the performance 
of the functions assigned by this chapter, which oath, affirma-
tion, or affidavit when administered or taken by or before 
an employee of an Office of Inspector General designated by 
the Inspector General shall have the same force and effect 
as if administered or taken by or before an officer having 
a seal; 
‘‘(6) to have direct and prompt access to the head of the 
establishment involved when necessary for any purpose per-
taining to the performance of functions and responsibilities 
under this chapter; 
‘‘(7) to select, appoint, and employ such officers and 
employees as may be necessary for carrying out the functions, 
powers, and duties of the Office subject to the provisions of 
this title, governing appointments in the competitive service, 
and the provisions of chapter 51 and subchapter III of chapter 
53 of this title relating to classification and General Schedule 
pay rates; 
‘‘(8) to obtain services as authorized by section 3109 of 
this title, at daily rates not to exceed the maximum rate payable 
under section 5376 of this title; and 
‘‘(9) to the extent and in such amounts as may be provided 
in advance by appropriations Acts, to enter into contracts and 
other arrangements for audits, studies, analyses, and other 
services with public agencies and with private persons, and 
to make such payments as may be necessary to carry out 
the provisions of this chapter. 
‘‘(b) PUBLIC DISCLOSURE OTHERWISE PROHIBITED
BY LAW.— 
Nothing in this section shall be construed as authorizing an 
Inspector General to publicly disclose information otherwise prohib-
ited from disclosure by law. 
‘‘(c) REQUESTS FOR INFORMATION.— 
‘‘(1) COMPLIANCE
IN
GENERAL.—Upon request of an 
Inspector General for information or assistance under sub-
section (a)(3), the head of any Federal agency involved shall, 
insofar as is practicable and not in contravention of any existing 
statutory restriction or regulation of the Federal agency from 
which the information is requested, furnish to the Inspector 
General, or to an authorized designee, the requested informa-
tion or assistance. 
‘‘(2) UNREASONABLE
REFUSAL.—Whenever information or 
assistance requested under subsection (a)(1) or (a)(3) is, in 
the judgment of an Inspector General, unreasonably refused 
or not provided, the Inspector General shall report the cir-
cumstances to the head of the establishment involved without 
delay. 
‘‘(d) OFFICE SPACE AND SUPPLIES.—Each head of an establish-
ment shall provide the Office within the establishment with appro-
priate and adequate office space at central and field office locations 
of the establishment, together with such equipment, office supplies, 
and communications facilities and services as may be necessary 
for the operation of the offices, and shall provide necessary mainte-
nance services for the offices and the equipment and facilities 
provided.
H. R. 5961—25 
‘‘(e) APPLYING CERTAIN PROVISIONS.— 
‘‘(1) EACH OFFICE CONSIDERED SEPARATE AGENCY.— 
‘‘(A) For purposes of applying the provisions of law 
identified in subparagraph (B)— 
‘‘(i) each Office of Inspector General shall be 
considered to be a separate agency; and 
‘‘(ii) the Inspector General who is the head of an 
office referred to in clause (i) shall, with respect to 
that office, have the functions, powers, and duties of 
an agency head or appointing authority under such 
provisions. 
‘‘(B) This paragraph applies with respect to the fol-
lowing provisions of this title: 
‘‘(i) Subchapter II of chapter 35. 
‘‘(ii) Sections 8335(b), 8336, 8344, 8414, 8425(b), 
and 8468. 
‘‘(iii) All provisions relating to the Senior Executive 
Service (as determined by the Office of Personnel 
Management), subject to paragraph (2). 
‘‘(2) APPLYING SECTION 4507(b).—For purposes of applying 
section 4507(b) of this title, paragraph (1)(A)(ii) shall be applied 
by substituting ‘the Council of the Inspectors General on Integ-
rity and Efficiency (established by section 424 of this title) 
shall’ for ‘the Inspector General who is the head of an office 
referred to in clause (i) shall, with respect to that office,’. 
‘‘(f) ADDITIONAL AUTHORITY.— 
‘‘(1) IN GENERAL.—In addition to the authority otherwise 
provided by this chapter, each Inspector General, any Assistant 
Inspector General for Investigations under such an Inspector 
General, and any special agent supervised by such an Assistant 
Inspector General may be authorized by the Attorney General 
to— 
‘‘(A) carry a firearm while engaged in official duties 
as authorized under this chapter or other statute, or as 
expressly authorized by the Attorney General; 
‘‘(B) make an arrest without a warrant while engaged 
in official duties as authorized under this chapter or other 
statute, or as expressly authorized by the Attorney General, 
for any offense against the United States committed in 
the presence of such Inspector General, Assistant Inspector 
General, or agent, or for any felony cognizable under the 
laws of the United States if such Inspector General, Assist-
ant Inspector General, or agent has reasonable grounds 
to believe that the person to be arrested has committed 
or is committing such felony; and 
‘‘(C) seek and execute warrants for arrest, search of 
a premises, or seizure of evidence issued under the 
authority of the United States upon probable cause to 
believe that a violation has been committed. 
‘‘(2) DETERMINATION.—The Attorney General may authorize 
exercise of the powers under this subsection only upon an 
initial determination that— 
‘‘(A) the affected Office of Inspector General is signifi-
cantly hampered in the performance of responsibilities 
established by this chapter as a result of the lack of such 
powers;
H. R. 5961—26 
‘‘(B) available assistance from other law enforcement 
agencies is insufficient to meet the need for such powers; 
and 
‘‘(C) adequate internal safeguards and management 
procedures exist to ensure proper exercise of such powers. 
‘‘(3) EXEMPTIONS
FROM
REQUIREMENT
OF
INITIAL
DETER-
MINATION OF ELIGIBILITY.—The Inspector General offices of the 
Department of Commerce, Department of Education, Depart-
ment of Energy, Department of Health and Human Services, 
Department of Homeland Security, Department of Housing and 
Urban Development, Department of the Interior, Department 
of Justice, Department of Labor, Department of State, Depart-
ment of Transportation, Department of the Treasury, Depart-
ment of Veterans’ Affairs, Agency for International Develop-
ment, Environmental Protection Agency, Federal Deposit Insur-
ance Corporation, Federal Emergency Management Agency, 
General Services Administration, National Aeronautics and 
Space Administration, Nuclear Regulatory Commission, Office 
of Personnel Management, Railroad Retirement Board, Small 
Business Administration, Social Security Administration, and 
the Tennessee Valley Authority are exempt from the require-
ment of paragraph (2) for an initial determination of eligibility 
by the Attorney General. 
‘‘(4) GUIDELINES.—The Attorney General shall promulgate, 
and revise as appropriate, guidelines which shall govern the 
exercise of the law enforcement powers established under para-
graph (1). 
‘‘(5) RESCINDING OR SUSPENDING POWERS.— 
‘‘(A) POWERS AUTHORIZED FOR AN OFFICE OF INSPECTOR 
GENERAL.—Powers authorized for an Office of Inspector 
General under paragraph (1) may be rescinded or sus-
pended upon a determination by the Attorney General that 
any of the requirements under paragraph (2) is no longer 
satisfied or that the exercise of authorized powers by that 
Office of Inspector General has not complied with the guide-
lines promulgated by the Attorney General under para-
graph (4). 
‘‘(B) POWERS AUTHORIZED TO BE EXERCISED BY AN INDI-
VIDUAL.—Powers authorized to be exercised by any indi-
vidual under paragraph (1) may be rescinded or suspended 
with respect to that individual upon a determination by 
the Attorney General that such individual has not complied 
with guidelines promulgated by the Attorney General under 
paragraph (4). 
‘‘(6) NOT REVIEWABLE.—A determination by the Attorney 
General under paragraph (2) or (5) shall not be reviewable 
in or by any court. 
‘‘(7) MEMORANDUM
OF
UNDERSTANDING.—To ensure the 
proper exercise of the law enforcement powers authorized by 
this subsection, the Offices of Inspector General described under 
paragraph (3) shall, not later than 180 days after November 
25, 2002, collectively enter into a memorandum of under-
standing to establish an external review process for ensuring 
that adequate internal safeguards and management procedures 
continue to exist within each Office and within any Office 
that later receives an authorization under paragraph (2). The 
review process shall be established in consultation with the
H. R. 5961—27 
Attorney General, who shall be provided with a copy of the 
memorandum of understanding that establishes the review 
process. Under the review process, the exercise of the law 
enforcement powers by each Office of Inspector General shall 
be reviewed periodically by another Office of Inspector General 
or by a committee of Inspectors General. The results of each 
review shall be communicated in writing to the applicable 
Inspector General and to the Attorney General. 
‘‘(8) NOT
A
LIMITATION
ON
OTHER
LAW
ENFORCEMENT 
POWERS.—No provision of this subsection shall limit the exercise 
of law enforcement powers established under any other statu-
tory authority, including United States Marshals Service special 
deputation. 
‘‘(9) DEFINITION
OF
INSPECTOR
GENERAL.—In this sub-
section, the term ‘Inspector General’ means an Inspector Gen-
eral appointed under section 403 of this title or an Inspector 
General appointed under section 415 of this title. 
‘‘(g) BUDGETS.— 
‘‘(1) INSPECTOR GENERAL’S BUDGET ESTIMATE AND REQUEST 
TRANSMITTED TO HEAD OF ESTABLISHMENT OR DESIGNATED FED-
ERAL ENTITY.—For each fiscal year, an Inspector General shall 
transmit a budget estimate and request to the head of the 
establishment or designated Federal entity to which the 
Inspector General reports. The budget request shall specify 
the aggregate amount of funds requested for such fiscal year 
for the operations of that Inspector General and shall specify 
the amount requested for all training needs, including a certifi-
cation from the Inspector General that the amount requested 
satisfies all training requirements for the Inspector General’s 
office for that fiscal year, and any resources necessary to sup-
port the Council of the Inspectors General on Integrity and 
Efficiency. Resources necessary to support the Council of the 
Inspectors General on Integrity and Efficiency shall be specifi-
cally identified and justified in the budget request. 
‘‘(2) HEAD
OF
ESTABLISHMENT
OR
DESIGNATED
FEDERAL 
ENTITY’S
PROPOSED
BUDGET
TRANSMITTED
TO
PRESIDENT.—In 
transmitting a proposed budget to the President for approval, 
the head of each establishment or designated Federal entity 
shall include— 
‘‘(A) an aggregate request for the Inspector General; 
‘‘(B) amounts for Inspector General training; 
‘‘(C) amounts for support of the Council of the Inspec-
tors General on Integrity and Efficiency; and 
‘‘(D) any comments of the affected Inspector General 
with respect to the proposal. 
‘‘(3) PRESIDENT’S BUDGET SUBMITTED TO CONGRESS.—The 
President shall include in each budget of the United States 
Government submitted to Congress— 
‘‘(A) a separate statement of the budget estimate pre-
pared in accordance with paragraph (1); 
‘‘(B) the amount requested by the President for each 
Inspector General; 
‘‘(C) the amount requested by the President for training 
of Inspectors General; 
‘‘(D) the amount requested by the President for support 
for the Council of the Inspectors General on Integrity and 
Efficiency; and
H. R. 5961—28 
‘‘(E) any comments of the affected Inspector General 
with respect to the proposal if the Inspector General con-
cludes that the budget submitted by the President would 
substantially inhibit the Inspector General from performing 
the duties of the office. 
‘‘(h) FEDERAL GRAND JURY MATERIALS.— 
‘‘(1) NOTIFICATION OF ATTORNEY GENERAL OF REQUEST.— 
If the Inspector General of an establishment submits a request 
to the head of the establishment for Federal grand jury mate-
rials pursuant to subsection (a)(1), the head of the establish-
ment shall immediately notify the Attorney General of such 
request. 
‘‘(2) DETERMINATION
BY
ATTORNEY
GENERAL.—Not later 
than 15 days after the date on which a request is submitted 
to the Attorney General under paragraph (1), the Attorney 
General shall determine whether to grant or deny the request 
for Federal grand jury materials and shall immediately notify 
the head of the establishment of such determination. The 
Attorney General shall grant the request unless the Attorney 
General determines that granting access to the Federal grand 
jury materials would be likely to— 
‘‘(A) interfere with an ongoing criminal investigation 
or prosecution; 
‘‘(B) interfere with an undercover operation; 
‘‘(C) result in disclosure of the identity of a confidential 
source, including a protected witness; 
‘‘(D) pose a serious threat to national security; or 
‘‘(E) result in significant impairment of the trade or 
economic interests of the United States. 
‘‘(3) COMMENTS.— 
‘‘(A) REQUIREMENT TO INFORM INSPECTOR GENERAL OF 
DETERMINATION BY ATTORNEY GENERAL.—The head of the 
establishment shall inform the Inspector General of the 
establishment of the determination made by the Attorney 
General with respect to the request for Federal grand jury 
materials. 
‘‘(B) SUBMISSION
OF
COMMENTS
BY
INSPECTOR
GEN-
ERAL.—The 
Inspector 
General 
of 
the 
establishment 
described under subparagraph (A) may submit comments 
on the determination submitted pursuant to such subpara-
graph to the committees listed under paragraph (4) that 
the Inspector General considers appropriate. 
‘‘(4) STATEMENT OF ATTORNEY GENERAL REGARDING DENIAL 
OF REQUEST.—Not later than 30 days after notifying the head 
of an establishment of a denial pursuant to paragraph (2), 
the Attorney General shall submit a statement that the request 
for Federal grand jury materials by the Inspector General was 
denied and the reason for the denial to each of the following: 
‘‘(A) The Committee on Homeland Security and Govern-
mental Affairs, the Committee on the Judiciary, and the 
Select Committee on Intelligence of the Senate. 
‘‘(B) The Committee on Oversight and Reform, the 
Committee on the Judiciary, and the Permanent Select 
Committee on Intelligence of the House of Representatives. 
‘‘(C) Other appropriate committees and subcommittees 
of Congress.
H. R. 5961—29 
‘‘(i) NON-APPLICABILITY OF CERTAIN PROVISIONS TO REQUESTS 
FROM INSPECTOR GENERAL
OF DEPARTMENT
OF JUSTICE.—Sub-
sections (a)(1)(C) and (h) shall not apply to requests from the 
Inspector General of the Department of Justice. 
‘‘(j) COMPUTERIZED COMPARISONS.— 
‘‘(1) DEFINITIONS.—In this subsection, the terms ‘agency’, 
‘matching program’, ‘record’, and ‘system of records’ have the 
meanings given those terms in section 552a(a) of title 5. 
‘‘(2) NON-CONSIDERATION OF COMPUTERIZED COMPARISONS 
AS MATCHING PROGRAMS.—For purposes of section 552a of title 
5 or any other provision of law, a computerized comparison 
of two or more automated Federal systems of records, or a 
computerized comparison of a Federal system of records with 
other records or non-Federal records, performed by an Inspector 
General or by an agency in coordination with an Inspector 
General in conducting an audit, investigation, inspection, 
evaluation, or other review authorized under this chapter shall 
not be considered a matching program. 
‘‘(3) LIMITATION.—Nothing in this subsection shall be con-
strued to impede the exercise by an Inspector General of any 
matching program authority established under any other provi-
sion of law. 
‘‘(k) NON-APPLICABILITY OF FEDERAL INFORMATION POLICY.— 
Subchapter I of chapter 35 of title 44 shall not apply to the collection 
of information during the conduct of an audit, investigation, inspec-
tion, evaluation, or other review conducted by the Council of the 
Inspectors General on Integrity and Efficiency or any Office of 
Inspector General, including any Office of Special Inspector General. 
‘‘§ 407. Complaints by employees 
‘‘(a) RECEIPT AND INVESTIGATION.—The Inspector General may 
receive and investigate complaints or information from an employee 
of the establishment concerning the possible existence of an activity 
constituting a violation of law, rules, or regulations, or mismanage-
ment, gross waste of funds, abuse of authority, or a substantial 
and specific danger to the public health and safety. 
‘‘(b) PROHIBITION ON DISCLOSURE OF IDENTITY.—The Inspector 
General shall not, after receipt of a complaint or information from 
an employee, disclose the identity of the employee without the 
consent of the employee, unless the Inspector General determines 
the disclosure is unavoidable during the course of the investigation. 
‘‘(c) PROHIBITION
ON
REPRISAL.—Any employee who has 
authority to take, direct others to take, recommend, or approve 
any personnel action, shall not, with respect to that authority, 
take or threaten to take any action against any employee as a 
reprisal for making a complaint or disclosing information to an 
Inspector General, unless the complaint was made or the informa-
tion disclosed with the knowledge that it was false or with willful 
disregard for its truth or falsity. 
‘‘§ 408. Additional provisions with respect to the Inspector 
General of the Department of Defense 
‘‘(a) INSPECTOR GENERAL.—A member of the Armed Forces, 
active or reserve, shall not be appointed Inspector General of the 
Department of Defense. 
‘‘(b) AUTHORITY OF SECRETARY OF DEFENSE.—
H. R. 5961—30 
‘‘(1) IN GENERAL.—Notwithstanding the last two sentences 
of section 403(a) of this title, the Inspector General shall be 
under the authority, direction, and control of the Secretary 
of Defense with respect to audits or investigations, or the 
issuance of subpoenas, which require access to information 
concerning— 
‘‘(A) sensitive operational plans; 
‘‘(B) intelligence matters; 
‘‘(C) counterintelligence matters; 
‘‘(D) ongoing criminal investigations by other adminis-
trative units of the Department of Defense related to 
national security; or 
‘‘(E) other matters the disclosure of which would con-
stitute a serious threat to national security. 
‘‘(2) AUTHORITY TO PROHIBIT AUDIT OR INVESTIGATION.— 
With respect to the information described in paragraph (1), 
the Secretary of Defense may prohibit the Inspector General 
from initiating, carrying out, or completing any audit or inves-
tigation, from accessing information described in paragraph 
(1), or from issuing any subpoena, after the Inspector General 
has decided to initiate, carry out, or complete such audit or 
investigation, access such information, or to issue such sub-
poena, if the Secretary determines that such prohibition is 
necessary to preserve the national security interests of the 
United States. 
‘‘(3) STATEMENT CONCERNING EXERCISE OF POWER.—If the 
Secretary of Defense exercises any power under paragraph 
(1) or (2), the Inspector General shall submit a statement 
concerning that exercise of power within 30 days to the Com-
mittee on Armed Services and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Com-
mittee on Armed Services and the Committee on Oversight 
and Reform of the House of Representatives and to other appro-
priate committees or subcommittees of the Congress. 
‘‘(4) STATEMENT OF REASONS FOR EXERCISE OF POWER.— 
The Secretary shall, within 30 days after submission of a state-
ment under paragraph (3), transmit a statement of the reasons 
for the exercise of power under paragraph (1) or (2) to the 
congressional committees specified in paragraph (3) and to 
other appropriate committees or subcommittees. 
‘‘(c) ADDITIONAL DUTIES
AND RESPONSIBILITIES.—In addition 
to the other duties and responsibilities specified in this chapter, 
the Inspector General of the Department of Defense shall— 
‘‘(1) be the principal adviser to the Secretary of Defense 
for matters relating to the prevention and detection of fraud, 
waste, and abuse in the programs and operations of the Depart-
ment; 
‘‘(2) initiate, conduct, and supervise such audits and inves-
tigations in the Department of Defense (including the military 
departments) as the Inspector General considers appropriate; 
‘‘(3) provide policy direction for audits and investigations 
relating to fraud, waste, and abuse and program effectiveness; 
‘‘(4) investigate fraud, waste, and abuse uncovered as a 
result of other contract and internal audits, as the Inspector 
General considers appropriate;
H. R. 5961—31 
‘‘(5) develop policy, monitor and evaluate program perform-
ance, and provide guidance with respect to all Department 
activities relating to criminal investigation programs; 
‘‘(6) monitor and evaluate the adherence of Department 
auditors to internal audit, contract audit, and internal review 
principles, policies, and procedures; 
‘‘(7) develop policy, evaluate program performance, and 
monitor actions taken by all components of the Department 
in response to contract audits, internal audits, internal review 
reports, and audits conducted by the Comptroller General of 
the United States; 
‘‘(8) request assistance as needed from other audit, inspec-
tion, and investigative units of the Department of Defense 
(including military departments); 
‘‘(9) give particular regard to the activities of the internal 
audit, inspection, and investigative units of the military depart-
ments with a view toward avoiding duplication and ensuring 
effective coordination and cooperation; and 
‘‘(10) conduct, or approve arrangements for the conduct 
of, external peer reviews of Department of Defense audit agen-
cies in accordance with, and in such frequency as provided 
by, Government auditing standards as established by the Comp-
troller General of the United States. 
‘‘(d) REPORTING VIOLATIONS OF CHAPTER 47 OF TITLE 10.— 
Notwithstanding section 404(d) of this title, the Inspector General 
of the Department of Defense shall expeditiously report suspected 
or alleged violations of chapter 47 of title 10 (Uniform Code of 
Military Justice), to the Secretary of the military department con-
cerned or the Secretary of Defense. 
‘‘(e) MEMBER OF ARMED FORCES DEEMED TO BE EMPLOYEE.— 
For the purposes of section 407 of this title, a member of the 
Armed Forces shall be deemed to be an employee of the Department 
of Defense, except that, when the Coast Guard operates as a service 
of another department or agency of the Federal Government, a 
member of the Coast Guard shall be deemed to be an employee 
of that department or agency. 
‘‘(f) REPORTS.— 
‘‘(1) REPORTS
TRANSMITTED
TO
CONGRESSIONAL
COMMIT-
TEES.—Each semiannual report prepared by the Inspector Gen-
eral of the Department of Defense under section 405(b) of 
this title shall be transmitted by the Secretary of Defense 
to the Committees on Armed Services and on Homeland Secu-
rity and Governmental Affairs of the Senate and the Commit-
tees on Armed Services and on Oversight and Reform of the 
House of Representatives and to other appropriate committees 
or subcommittees of Congress. Each report shall include— 
‘‘(A) information concerning the numbers and types 
of contract audits conducted by the Department during 
the reporting period; and 
‘‘(B) information concerning any Department of Defense 
audit agency that, during the reporting period, has either 
received a failed opinion from an external peer review 
or is overdue for an external peer review required to be 
conducted in accordance with subsection (c)(10). 
‘‘(2) ADDITIONAL REPORTS TRANSMITTED TO CONGRESSIONAL 
COMMITTEES.—Any report required to be transmitted by the
H. R. 5961—32 
Secretary of Defense to the appropriate committees or sub-
committees of the Congress under section 405(e) of this title 
shall also be transmitted, within the 7-day period specified 
in section 405(e) of this title, to the congressional committees 
specified in paragraph (1). 
‘‘(g) NON-APPLICABILITY OF SECTION 1385 OF TITLE 18.—The 
provisions of section 1385 of title 18, shall not apply to audits 
and investigations conducted by, under the direction of, or at the 
request of the Inspector General of the Department of Defense 
to carry out the purposes of this chapter. 
‘‘(h) GENERAL COUNSEL TO INSPECTOR GENERAL OF DEPART-
MENT OF DEFENSE.— 
‘‘(1) IN
GENERAL.—There is a General Counsel to the 
Inspector General of the Department of Defense, who shall 
be appointed by the Inspector General of the Department of 
Defense. 
‘‘(2) DUTIES AND FUNCTIONS.— 
‘‘(A) Notwithstanding section 140(b) of title 10, the 
General Counsel is the chief legal officer of the Office 
of the Inspector General. 
‘‘(B) The Inspector General is the exclusive legal client 
of the General Counsel. 
‘‘(C) The General Counsel shall perform such functions 
as the Inspector General may prescribe. 
‘‘(D) The General Counsel shall serve at the discretion 
of the Inspector General. 
‘‘(3) OFFICE OF GENERAL COUNSEL.—There is an Office of 
the General Counsel to the Inspector General of the Department 
of Defense. The Inspector General may appoint to the Office 
to serve as staff of the General Counsel such legal counsel 
as the Inspector General considers appropriate. 
‘‘(i) AUTHORITY TO REQUIRE ATTENDANCE AND TESTIMONY OF 
WITNESSES.— 
‘‘(1) SUBPOENA.—The Inspector General of the Department 
of Defense is authorized to require by subpoena the attendance 
and testimony of witnesses as necessary in the performance 
of functions assigned to the Inspector General by this chapter, 
except that the Inspector General shall use procedures other 
than subpoenas to obtain attendance and testimony from Fed-
eral employees. 
‘‘(2) ENFORCEMENT.—A subpoena issued under this sub-
section, in the case of contumacy or refusal to obey, shall 
be enforceable by order of any appropriate United States district 
court. 
‘‘(3) NOTIFICATION.—The Inspector General shall notify the 
Attorney General 7 days before issuing any subpoena under 
this section. 
‘‘§ 409. Special provisions concerning the Agency for Inter-
national Development 
‘‘(a) DEFINITION
OF AGENCY
FOR INTERNATIONAL DEVELOP-
MENT.—As used in this chapter, the term ‘Agency for International 
Development’ includes any successor agency primarily responsible 
for administering part I of the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.).
H. R. 5961—33 
‘‘(b) MEMBERS OF FOREIGN SERVICE.—In addition to the officers 
and employees provided for in section 406(a)(7) of this title, mem-
bers of the Foreign Service may, at the request of the Inspector 
General of the Agency for International Development, be assigned 
as employees of the Inspector General. Members of the Foreign 
Service so assigned shall be responsible solely to the Inspector 
General, and the Inspector General (or the Inspector General’s 
designee) shall prepare the performance evaluation reports for the 
members assigned as employees of the Inspector General. 
‘‘(c) FIELD OFFICES.—In establishing and staffing field offices 
pursuant to section 406(d) of this title, the Administrator of the 
Agency for International Development shall not be bound by over-
seas personnel ceilings. 
‘‘(d) ADDITIONAL OFFICER.—The Inspector General of the Agency 
for International Development shall be in addition to the officers 
provided for in section 624(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2384(a)). 
‘‘§ 410. Special provisions concerning the Nuclear Regulatory 
Commission 
‘‘(a) DELEGATION.—The Chairman of the Commission may dele-
gate the authority specified in the 2d sentence of section 403(a) 
of this title to another member of the Nuclear Regulatory Commis-
sion, but shall not delegate such authority to any other officer 
or employee of the Commission. 
‘‘(b) PERSONNEL.—Notwithstanding paragraphs (7) and (8) of 
section 406(a) of this title, the Inspector General of the Nuclear 
Regulatory Commission is authorized to select, appoint, and employ 
such officers and employees as may be necessary for carrying out 
the functions, powers, and duties of the Office of Inspector General 
and to obtain the temporary or intermittent services of experts 
or consultants or an organization of experts or consultants, subject 
to the applicable laws and regulations that govern such selections, 
appointments, and employment, and the obtaining of such services, 
within the Nuclear Regulatory Commission. 
‘‘§ 411. Special provisions concerning the Federal Deposit 
Insurance Corporation 
‘‘(a) DELEGATION.—The Chairperson of the Federal Deposit 
Insurance Corporation may delegate the authority specified in the 
2d sentence of section 403(a) of this title to the Vice Chairperson 
of the Board of Directors of the Federal Deposit Insurance Corpora-
tion, but may not delegate such authority to any other officer 
or employee of the Corporation. 
‘‘(b) PERSONNEL.—Notwithstanding paragraphs (7) and (8) of 
section 406(a) of this title, the Inspector General of the Federal 
Deposit Insurance Corporation may select, appoint, and employ 
such officers and employees as may be necessary for carrying out 
the functions, powers, and duties of the Office of Inspector General 
and may obtain the temporary or intermittent services of experts 
or consultants or an organization of experts or consultants, subject 
to the applicable laws and regulations that govern such selections, 
appointments, and employment, and the obtaining of such services, 
within the Federal Deposit Insurance Corporation.
H. R. 5961—34 
‘‘§ 412. Special provisions concerning the Department of the 
Treasury 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY OF SECRETARY OF TREASURY OVER CERTAIN 
AUDITS AND INVESTIGATIONS.—Notwithstanding the 2d sentence 
and last sentence of section 403(a) of this title, the Inspector 
General of the Department of the Treasury shall be under 
the authority, direction, and control of the Secretary of the 
Treasury with respect to audits or investigations, or the 
issuance of subpoenas, which require access to sensitive 
information concerning— 
‘‘(A) ongoing criminal investigations or proceedings; 
‘‘(B) undercover operations; 
‘‘(C) the identity of confidential sources, including pro-
tected witnesses; 
‘‘(D) deliberations and decisions on policy matters, 
including documented information used as a basis for 
making policy decisions, the disclosure of which could 
reasonably be expected to have a significant influence on 
the economy or market behavior; 
‘‘(E) intelligence or counterintelligence matters; or 
‘‘(F) other matters the disclosure of which would con-
stitute a serious threat to national security or to the protec-
tion of any person or property authorized protection by 
section 3056 of title 18, section 3056A of title 18, or any 
provision of the Presidential Protection Assistance Act of 
1976 (Public Law 94–524, 18 U.S.C. 3056 note). 
‘‘(2) AUTHORITY OF SECRETARY OF TREASURY TO PROHIBIT 
CARRYING OUT OR COMPLETING CERTAIN AUDITS AND INVESTIGA-
TIONS.—With respect to the information described under para-
graph (1), the Secretary of the Treasury may prohibit the 
Inspector General of the Department of the Treasury from 
carrying out or completing any audit or investigation, from 
accessing information described in paragraph (1), or from 
issuing any subpoena, after such Inspector General has decided 
to initiate, carry out, or complete such audit or investigation, 
access such information, or to issue such subpoena, if the Sec-
retary determines that such prohibition is necessary to prevent 
the disclosure of any information described under paragraph 
(1) or to prevent significant impairment to the national interests 
of the United States. 
‘‘(3) NOTIFICATION AND STATEMENT OF REASONS FOR EXER-
CISE OF POWER.—If the Secretary of the Treasury exercises 
any power under paragraph (1) or (2), the Secretary of the 
Treasury shall notify the Inspector General of the Department 
of the Treasury in writing, stating the reasons for such exercise. 
Within 30 days after receipt of any such notice, the Inspector 
General of the Department of the Treasury shall transmit 
a copy of such notice to the Committee on Homeland Security 
and Governmental Affairs and the Committee on Finance of 
the Senate and the Committee on Oversight and Reform and 
the Committee on Ways and Means of the House of Representa-
tives, and to other appropriate committees or subcommittees 
of the Congress. 
‘‘(4) EXCEPTION RELATING TO TREASURY INSPECTOR GENERAL 
FOR TAX ADMINISTRATION.—The Secretary of the Treasury may
H. R. 5961—35 
not exercise any power under paragraph (1) or (2) with respect 
to the Treasury Inspector General for Tax Administration. 
‘‘(b) OVERSIGHT
RESPONSIBILITY
FOR
INTERNAL
INVESTIGA-
TIONS.— 
‘‘(1) IN GENERAL.—In carrying out the duties and respon-
sibilities specified in this chapter, the Inspector General of 
the Department of the Treasury shall have oversight responsi-
bility for the internal investigations performed by the Office 
of Internal Affairs of the Tax and Trade Bureau. The head 
of such office shall promptly report to the Inspector General 
of the Department of the Treasury the significant activities 
being carried out by such office. 
‘‘(2) EXERCISE
OF
DUTIES
AND
RESPONSIBILITIES.—The 
Inspector General of the Department of the Treasury shall 
exercise all duties and responsibilities of an Inspector General 
for the Department of the Treasury other than the duties 
and responsibilities exercised by the Treasury Inspector Gen-
eral for Tax Administration. 
‘‘(3) ESTABLISHMENT OF PROCEDURES.—The Secretary of the 
Treasury shall establish procedures under which the Inspector 
General of the Department of the Treasury and the Treasury 
Inspector General for Tax Administration will— 
‘‘(A) determine how audits and investigations are allo-
cated in cases of overlapping jurisdiction; and 
‘‘(B) provide for coordination, cooperation, and effi-
ciency in the conduct of such audits and investigations. 
‘‘(c) 
AUDITS
AND
INVESTIGATIONS
IN
DEPARTMENT
OF 
TREASURY.—Notwithstanding subsection (b), the Inspector General 
of the Department of the Treasury may initiate, conduct and super-
vise such audits and investigations in the Department of the 
Treasury (including the bureau referred to in subsection (b)) as 
the Inspector General of the Department of the Treasury considers 
appropriate. 
‘‘(d) AUTHORITY TO PROVIDE WRITTEN NOTICE
TO TAX
AND 
TRADE BUREAU.—If the Inspector General of the Department of 
the Treasury initiates an audit or investigation under subsection 
(c) concerning the bureau referred to in subsection (b), the Inspector 
General of the Department of the Treasury may provide the head 
of the office of such bureau referred to in subsection (b) with 
written notice that the Inspector General of the Department of 
the Treasury has initiated such an audit or investigation. If the 
Inspector General of the Department of the Treasury issues a 
notice under the preceding sentence, no other audit or investigation 
shall be initiated into the matter under audit or investigation 
by the Inspector General of the Department of the Treasury, and 
any other audit or investigation of such matter shall cease. 
‘‘(e) TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION.— 
‘‘(1) ACCESS TO RETURNS AND RETURN INFORMATION.—The 
Treasury Inspector General for Tax Administration shall have 
access to returns and return information, as defined in section 
6103(b) of the Internal Revenue Code of 1986 (26 U.S.C. 
6103(b)), only in accordance with the provisions of section 6103 
of the Internal Revenue Code of 1986 (26 U.S.C. 6103) and 
this chapter. 
‘‘(2) STANDARDIZED
RECORDS
AND
ACCOUNTINGS.—The 
Internal Revenue Service shall maintain the same system of 
standardized records or accountings of all requests from the
H. R. 5961—36 
Treasury Inspector General for Tax Administration for inspec-
tion or disclosure of returns and return information (including 
the reasons for and dates of such requests), and of returns 
and return information inspected or disclosed pursuant to such 
requests, as described under section 6103(p)(3)(A) of the 
Internal Revenue Code of 1986 (26 U.S.C. 6103(p)(3)(A)). Such 
system of standardized records or accountings shall also be 
available for examination in the same manner as provided 
under section 6103(p)(3) of the Internal Revenue Code of 1986 
(26 U.S.C. 6103(p)(3)). 
‘‘(3) SAFEGUARDS AND CONDITIONS.—The Treasury Inspector 
General for Tax Administration shall be subject to the same 
safeguards and conditions for receiving returns and return 
information as are described under section 6103(p)(4) of the 
Internal Revenue Code of 1986 (26 U.S.C. 6103(p)(4)). 
‘‘(f) AUDIT OR INVESTIGATION SHALL NOT AFFECT FINAL DECI-
SION UNDER SECTION 6406 OF INTERNAL REVENUE CODE OF 1986.— 
An audit or investigation conducted by the Inspector General of 
the Department of the Treasury or the Treasury Inspector General 
for Tax Administration shall not affect a final decision of the Sec-
retary of the Treasury or the Secretary’s delegate under section 
6406 of the Internal Revenue Code of 1986 (26 U.S.C. 6406). 
‘‘(g) REPORTS.— 
‘‘(1) REPORTS TO CONGRESSIONAL COMMITTEES.—Any report 
required to be transmitted by the Secretary of the Treasury 
to the appropriate committees or subcommittees of the Congress 
under section 405(e) of this title shall also be transmitted, 
within the 7-day period specified under such section, to the 
Committee on Homeland Security and Governmental Affairs 
and the Committee on Finance of the Senate and the Committee 
on Oversight and Reform and the Committee on Ways and 
Means of the House of Representatives. 
‘‘(2) REPORTS MADE BY TREASURY INSPECTOR GENERAL FOR 
TAX
ADMINISTRATION
TO
CONGRESSIONAL
COMMITTEES.—Any 
report made by the Treasury Inspector General for Tax 
Administration that is required to be transmitted by the Sec-
retary of the Treasury to the appropriate committees or sub-
committees of Congress under section 405(e) of this title shall 
also be transmitted, within the 7-day period specified under 
such subsection, to the Internal Revenue Service Oversight 
Board and the Commissioner of Internal Revenue. 
‘‘(h) DUTIES
AND RESPONSIBILITIES
OF TREASURY INSPECTOR 
GENERAL FOR TAX ADMINISTRATION.—The Treasury Inspector Gen-
eral for Tax Administration shall exercise all duties and responsibil-
ities of an Inspector General of an establishment with respect 
to the Department of the Treasury and the Secretary of the 
Treasury on all matters relating to the Internal Revenue Service. 
The Treasury Inspector General for Tax Administration shall have 
sole authority under this chapter to conduct an audit or investiga-
tion of the Internal Revenue Service Oversight Board and the 
Chief Counsel for the Internal Revenue Service. 
‘‘(i) ABILITY TO LEAD LARGE AND COMPLEX ORGANIZATION.— 
In addition to the requirements of the 1st sentence of section 
403(a) of this title, the Treasury Inspector General for Tax Adminis-
tration should have demonstrated ability to lead a large and com-
plex organization.
H. R. 5961—37 
‘‘(j) PROHIBITION ON APPOINTMENT OF EMPLOYEE OF INTERNAL 
REVENUE SERVICE TO CERTAIN POSITIONS.—An individual appointed 
to the position of Treasury Inspector General for Tax Administra-
tion, the Assistant Inspector General for Auditing of the Office 
of the Treasury Inspector General for Tax Administration under 
section 403(d)(1)(B)(i) of this title (or, effective November 27, 2017, 
section 403(d)(2)(B)(i) of this title), the Assistant Inspector General 
for Investigations of the Office of the Treasury Inspector General 
for Tax Administration under section 403(d)(1)(B)(ii) of this title 
(or, effective November 27, 2017, section 403(d)(2)(B)(ii) of this 
title), or any position of Deputy Inspector General of the Office 
of the Treasury Inspector General for Tax Administration may 
not be an employee of the Internal Revenue Service— 
‘‘(1) during the 2-year period preceding the date of appoint-
ment to such position; or 
‘‘(2) during the 5-year period following the date such indi-
vidual ends service in such position. 
‘‘(k) ADDITIONAL DUTIES AND RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.—In addition to the duties and responsibil-
ities exercised by an inspector general of an establishment, 
the Treasury Inspector General for Tax Administration— 
‘‘(A) shall have the duty to enforce criminal provisions 
under section 7608(b) of the Internal Revenue Code of 
1986 (26 U.S.C. 7608(b)); 
‘‘(B) in addition to the functions authorized under sec-
tion 7608(b)(2) of the Internal Revenue Code of 1986 (26 
U.S.C. 7608(b)(2)), may carry firearms; 
‘‘(C) shall be responsible for protecting the Internal 
Revenue Service against external attempts to corrupt or 
threaten employees of the Internal Revenue Service, but 
shall not be responsible for the conducting of background 
checks and the providing of protection to the Commissioner 
of Internal Revenue; and 
‘‘(D) may designate any employee in the Office of the 
Treasury Inspector General for Tax Administration to 
enforce such laws and perform such functions referred to 
under subparagraphs (A), (B), and (C). 
‘‘(2) REPORTING VIOLATIONS.— 
‘‘(A) REPORTING REASONABLE GROUNDS TO BELIEVE A 
VIOLATION OF FEDERAL CRIMINAL LAW OCCURRED.—In per-
forming a law enforcement function under paragraph (1), 
the Treasury Inspector General for Tax Administration 
shall report any reasonable grounds to believe there has 
been a violation of Federal criminal law to the Attorney 
General at an appropriate time as determined by the 
Treasury Inspector General for Tax Administration, not-
withstanding section 404(d) of this title. 
‘‘(B) REPORTING PROBLEMS, ABUSES, OR DEFICIENCIES.— 
In the administration of section 405(e) of this title and 
subsection (g)(2) of this section, the Secretary of the 
Treasury may transmit the required report with respect 
to the Treasury Inspector General for Tax Administration 
at an appropriate time as determined by the Secretary, 
if the problem, abuse, or deficiency relates to— 
‘‘(i) the performance of a law enforcement function 
under paragraph (1); and
H. R. 5961—38 
‘‘(ii) sensitive information concerning matters 
under subsection (a)(1)(A) through (F). 
‘‘(3) LIMITATION.—Nothing in this subsection shall be con-
strued to affect the authority of any other person to carry 
out or enforce any provision specified in paragraph (1). 
‘‘(l) REQUEST
FOR
AUDIT
OR
INVESTIGATION
RELATING
TO 
INTERNAL REVENUE SERVICE.— 
‘‘(1) IN GENERAL.—The Commissioner of Internal Revenue 
or the Internal Revenue Service Oversight Board may request, 
in writing, the Treasury Inspector General for Tax Administra-
tion to conduct an audit or investigation relating to the Internal 
Revenue Service. If the Treasury Inspector General for Tax 
Administration determines not to conduct such audit or inves-
tigation, the Inspector General shall timely provide a written 
explanation for such determination to the person making the 
request. 
‘‘(2) REPORTS.— 
‘‘(A) FINAL REPORT OF AUDIT.—Any final report of an 
audit conducted by the Treasury Inspector General for 
Tax Administration shall be timely submitted by the 
Inspector General to the Commissioner of Internal Revenue 
and the Internal Revenue Service Oversight Board. 
‘‘(B) PERIODIC LIST OF INVESTIGATIONS FOR WHICH FINAL 
REPORT COMPLETED.—The Treasury Inspector General for 
Tax Administration shall periodically submit to the 
Commissioner and Board a list of investigations for which 
a final report has been completed by the Inspector General 
and shall provide a copy of any such report upon request 
of the Commissioner or Board. 
‘‘(C) APPLICABILITY.—This paragraph applies regard-
less of whether the applicable audit or investigation is 
requested under paragraph (1). 
‘‘§ 413. Special provisions concerning the Department of Jus-
tice 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY
OF
ATTORNEY
GENERAL
OVER
CERTAIN 
AUDITS AND INVESTIGATIONS.—Notwithstanding the 2d sentence 
and last sentence of section 403(a) of this title, the Inspector 
General shall be under the authority, direction, and control 
of the Attorney General with respect to audits or investigations, 
or the issuance of subpoenas, which require access to sensitive 
information concerning— 
‘‘(A) ongoing civil or criminal investigations or pro-
ceedings; 
‘‘(B) undercover operations; 
‘‘(C) the identity of confidential sources, including pro-
tected witnesses; 
‘‘(D) intelligence or counterintelligence matters; or 
‘‘(E) other matters the disclosure of which would con-
stitute a serious threat to national security. 
‘‘(2) AUTHORITY OF ATTORNEY GENERAL TO PROHIBIT CAR-
RYING
OUT
OR
COMPLETING
CERTAIN
AUDITS
AND
INVESTIGA-
TIONS.—With respect to the information described under para-
graph (1), the Attorney General may prohibit the Inspector 
General from carrying out or completing any audit or investiga-
tion, from accessing information described in paragraph (1),
H. R. 5961—39 
or from issuing any subpoena, after such Inspector General 
has decided to initiate, carry out, or complete such audit or 
investigation, access such information, or to issue such sub-
poena, if the Attorney General determines that such prohibition 
is necessary to prevent the disclosure of any information 
described under paragraph (1) or to prevent significant impair-
ment to the national interests of the United States. 
‘‘(3) NOTIFICATION AND STATEMENT OF REASONS FOR EXER-
CISE OF POWER.—If the Attorney General exercises any power 
under paragraph (1) or (2), the Attorney General shall notify 
the Inspector General in writing, stating the reasons for such 
exercise. Within 30 days after receipt of any such notice, the 
Inspector General shall transmit a copy of such notice to the 
Committee on Homeland Security and Governmental Affairs 
and the Committee on the Judiciary of the Senate and the 
Committee on Oversight and Reform and the Committee on 
the Judiciary of the House of Representatives, and to other 
appropriate committees or subcommittees of the Congress. 
‘‘(b) CARRYING OUT DUTIES AND RESPONSIBILITIES.—In carrying 
out the duties and responsibilities specified in this chapter, the 
Inspector General of the Department of Justice— 
‘‘(1) may initiate, conduct and supervise such audits and 
investigations in the Department of Justice as the Inspector 
General considers appropriate; 
‘‘(2) except as specified in subsection (a) and paragraph 
(3), may investigate allegations of criminal wrongdoing or 
administrative misconduct by an employee of the Department 
of Justice, or may, in the discretion of the Inspector General, 
refer such allegations to the Office of Professional Responsibility 
or the internal affairs office of the appropriate component of 
the Department of Justice; 
‘‘(3) shall refer to the Counsel, Office of Professional 
Responsibility of the Department of Justice, allegations of mis-
conduct involving Department attorneys, investigators, or law 
enforcement personnel, where the allegations relate to the exer-
cise of the authority of an attorney to investigate, litigate, 
or provide legal advice, except that no such referral shall be 
made if the attorney is employed in the Office of Professional 
Responsibility; 
‘‘(4) may investigate allegations of criminal wrongdoing 
or administrative misconduct by a person who is the head 
of any agency or component of the Department of Justice; 
and 
‘‘(5) shall forward the results of any investigation conducted 
under paragraph (4), along with any appropriate recommenda-
tion for disciplinary action, to the Attorney General. 
‘‘(c) REPORTS.—Any report required to be transmitted by the 
Attorney General to the appropriate committees or subcommittees 
of the Congress under section 405(e) of this title shall also be 
transmitted, within the 7-day period specified under that section, 
to the Committee on the Judiciary and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee 
on the Judiciary and the Committee on Oversight and Reform 
of the House of Representatives. 
‘‘(d) REGULATION TO ENSURE REPORTING OF CERTAIN ALLEGA-
TIONS TO INSPECTOR GENERAL.—The Attorney General shall ensure 
by regulation that any component of the Department of Justice
H. R. 5961—40 
receiving a nonfrivolous allegation of criminal wrongdoing or 
administrative misconduct by an employee of the Department of 
Justice, except with respect to allegations described in subsection 
(b)(3), shall report that information to the Inspector General. 
‘‘§ 414. Special provisions concerning the Corporation for 
National and Community Service 
‘‘(a) PERSONNEL.—Notwithstanding the provisions of para-
graphs (7) and (8) of section 406(a) of this title, it is within the 
exclusive jurisdiction of the Inspector General of the Corporation 
for National and Community Service to— 
‘‘(1) appoint and determine the compensation of such offi-
cers and employees in accordance with section 195(b) of the 
National and Community Service Act of 1990 (42 U.S.C. 
12651f(b)); and 
‘‘(2) procure the temporary and intermittent services of 
and compensate such experts and consultants, in accordance 
with section 3109(b) of this title, 
as may be necessary to carry out the functions, powers, and duties 
of the Inspector General. 
‘‘(b) REPORTS TO BOARD OF DIRECTORS.—Not later than the 
date on which the Chief Executive Officer of the Corporation for 
National and Community Service transmits any report to the Con-
gress under subsection (b) or (c) of section 405 of this title, the 
Chief Executive Officer shall transmit such report to the Board 
of Directors of such Corporation. 
‘‘(c) REVIEW OF AUDIT REPORTS BY BOARD OF DIRECTORS.— 
Not later than the date on which the Chief Executive Officer of 
the Corporation for National and Community Service transmits 
a report described under section 405(c) of this title to the Board 
of Directors as provided under subsection (b) of this section, the 
Chief Executive Officer shall also transmit any audit report which 
is described in the statement required under section 405(c)(4) to 
the Board of Directors. All such audit reports shall be placed on 
the agenda for review at the next scheduled meeting of the Board 
of Directors following such transmittal. The Chief Executive Officer 
of the Corporation shall be present at such meeting to provide 
any information relating to such audit reports. 
‘‘(d) REPORT OF PROBLEM, ABUSE, OR DEFICIENCY TO BOARD 
OF DIRECTORS.—Not later than the date on which the Inspector 
General of the Corporation for National and Community Service 
reports a problem, abuse, or deficiency under section 405(e) of 
this title to the Chief Executive Officer of the Corporation, the 
Chief Executive Officer shall report such problem, abuse, or defi-
ciency to the Board of Directors. 
‘‘§ 415. Requirements for Federal entities and designated Fed-
eral entities 
‘‘(a) DEFINITIONS.—Notwithstanding section 401 of this title, 
in this section: 
‘‘(1) DESIGNATED FEDERAL ENTITY.— 
‘‘(A) IN GENERAL.—The term ‘designated Federal entity’ 
means Amtrak, the Appalachian Regional Commission, the 
Board of Governors of the Federal Reserve System and 
the Bureau of Consumer Financial Protection, the Com-
mittee for Purchase From People Who Are Blind or Severely 
Disabled, the Commodity Futures Trading Commission, the
H. R. 5961—41 
Consumer Product Safety Commission, the Corporation for 
Public Broadcasting, the Defense Intelligence Agency, the 
Denali Commission, the Equal Employment Opportunity 
Commission, the Farm Credit Administration, the Federal 
Election Commission, the Election Assistance Commission, 
the Federal Labor Relations Authority, the Federal Mari-
time Commission, the Federal Trade Commission, the Legal 
Services Corporation, the National Archives and Records 
Administration, the National Credit Union Administration, 
the National Endowment for the Arts, the National Endow-
ment for the Humanities, the National Geospatial-Intel-
ligence Agency, the National Labor Relations Board, the 
National Science Foundation, the Peace Corps, the Pension 
Benefit Guaranty Corporation, the Securities and Exchange 
Commission, the Smithsonian Institution, the United 
States International Development Finance Corporation, the 
United States International Trade Commission, the Postal 
Regulatory Commission, and the United States Postal 
Service. 
‘‘(B) AMTRAK.—Effective at the beginning of the first 
fiscal year after a fiscal year for which Amtrak receives 
no Federal subsidy, subparagraph (A) is amended by 
striking ‘Amtrak,’. 
‘‘(2) FEDERAL
ENTITY.—The term ‘Federal entity’ means 
any Government corporation (within the meaning of section 
103(1) of this title), any Government controlled corporation 
(within the meaning of section 103(2) of this title), or any 
other entity in the executive branch of the Government, or 
any independent regulatory agency, but does not include— 
‘‘(A) an establishment (as defined under section 401 
of this title) or part of an establishment; 
‘‘(B) a designated Federal entity (as defined under 
paragraph (1) of this subsection) or part of a designated 
Federal entity; 
‘‘(C) the Executive Office of the President; 
‘‘(D) the Central Intelligence Agency; 
‘‘(E) the Government Accountability Office; or 
‘‘(F) any entity in the judicial or legislative branches 
of the Government, including the Administrative Office 
of the United States Courts and the Architect of the Capitol 
and any activities under the direction of the Architect 
of the Capitol. 
‘‘(3) HEAD OF THE DESIGNATED FEDERAL ENTITY.—The term 
‘head of the designated Federal entity’ means the board or 
commission of the designated Federal entity, or in the event 
the designated Federal entity does not have a board or commis-
sion, any person or persons designated by statute as the head 
of a designated Federal entity and if no such designation exists, 
the chief policymaking officer or board of a designated Federal 
entity as identified in the list published pursuant to subsection 
(h)(1) of this section, except that— 
‘‘(A) with respect to the National Science Foundation, 
such term means the National Science Board; 
‘‘(B) with respect to the United States Postal Service, 
such term means the Governors (within the meaning of 
section 102(3) of title 39);
H. R. 5961—42 
‘‘(C) with respect to the Federal Labor Relations 
Authority, such term means the members of the Authority 
(described under section 7104 of this title); 
‘‘(D) with respect to the Committee for Purchase From 
People Who Are Blind or Severely Disabled, such term 
means the Chairman of the Committee for Purchase From 
People Who Are Blind or Severely Disabled; 
‘‘(E) with respect to the National Archives and Records 
Administration, such term means the Archivist of the 
United States; 
‘‘(F) with respect to the National Credit Union Adminis-
tration, such term means the National Credit Union 
Administration Board (described under section 102 of the 
Federal Credit Union Act (12 U.S.C. 1752a)); 
‘‘(G) with respect to the National Endowment of the 
Arts, such term means the National Council on the Arts; 
‘‘(H) with respect to the National Endowment for the 
Humanities, such term means the National Council on 
the Humanities; 
‘‘(I) with respect to the Peace Corps, such term means 
the Director of the Peace Corps; and 
‘‘(J) with respect to the United States International 
Development Finance Corporation, such term means the 
Board of Directors of the United States International 
Development Finance Corporation. 
‘‘(4) HEAD OF THE FEDERAL ENTITY.—The term ‘head of 
the Federal entity’ means any person or persons designated 
by statute as the head of a Federal entity, and if no such 
designation exists, the chief policymaking officer or board of 
a Federal entity as identified in the list published pursuant 
to subsection (h)(1) of this section. 
‘‘(5) INSPECTOR
GENERAL.—The term ‘Inspector General’ 
means an Inspector General of a designated Federal entity. 
‘‘(6) OFFICE OF INSPECTOR GENERAL.—The term ‘Office of 
Inspector General’ means an Office of Inspector General of 
a designated Federal entity. 
‘‘(b) OFFICE OF INSPECTOR GENERAL IN EACH DESIGNATED FED-
ERAL ENTITY.—Not later than 180 days after October 18, 1988, 
there shall be established and maintained in each designated Fed-
eral entity an Office of Inspector General. The head of the des-
ignated Federal entity shall transfer to such office the offices, 
units, or other components, and the functions, powers, or duties 
thereof, that such head determines are properly related to the 
functions of the Office of Inspector General and would, if so trans-
ferred, further the purposes of this section. There shall not be 
transferred to such office any program operating responsibilities. 
‘‘(c) APPOINTMENT OF INSPECTOR GENERAL.—Except as provided 
under subsection (f) of this section, the Inspector General shall 
be appointed by the head of the designated Federal entity in accord-
ance with the applicable laws and regulations governing appoint-
ments within the designated Federal entity. Each Inspector General 
shall be appointed without regard to political affiliation and solely 
on the basis of integrity and demonstrated ability in accounting, 
auditing, financial analysis, law, management analysis, public 
administration, or investigations. For purposes of implementing 
this section, the Chairman of the Board of Governors of the Federal 
Reserve System shall appoint the Inspector General of the Board
H. R. 5961—43 
of Governors of the Federal Reserve System and the Bureau of 
Consumer Financial Protection. The Inspector General of the Board 
of Governors of the Federal Reserve System and the Bureau of 
Consumer Financial Protection shall have all of the authorities 
and responsibilities provided by this Act with respect to the Bureau 
of Consumer Financial Protection, as if the Bureau were part of 
the Board of Governors of the Federal Reserve System. 
‘‘(d) SUPERVISION.— 
‘‘(1) IN GENERAL.—Each Inspector General shall report to 
and be under the general supervision of the head of the des-
ignated Federal entity, but shall not report to, or be subject 
to supervision by, any other officer or employee of such des-
ignated Federal entity. Except as provided in paragraph (2), 
the head of the designated Federal entity shall not prevent 
or prohibit the Inspector General from initiating, carrying out, 
or completing any audit or investigation, or from issuing any 
subpoena during the course of any audit or investigation. 
‘‘(2) EXCEPTION RELATING TO INTELLIGENCE COMMUNITY.— 
‘‘(A) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Director of National Intelligence, may 
prohibit the inspector general of an element of the intel-
ligence community specified in subparagraph (D) from initi-
ating, carrying out, or completing any audit or investiga-
tion, or from accessing information available to an element 
of the intelligence community specified in subparagraph 
(D), if the Secretary determines that the prohibition is 
necessary to protect vital national security interests of 
the United States. 
‘‘(B) STATEMENT
OF
REASONS
FOR
EXERCISE
OF 
AUTHORITY.—If the Secretary exercises the authority under 
subparagraph (A), the Secretary shall submit to the 
committees of Congress specified in subparagraph (E) an 
appropriately classified statement of the reasons for the 
exercise of such authority not later than 7 days after the 
exercise of such authority. 
‘‘(C) NOTIFICATION
TO
INSPECTOR
GENERAL.—At the 
same time the Secretary submits under subparagraph (B) 
a statement on the exercise of the authority in subpara-
graph (A) to the committees of Congress specified in 
subparagraph (E), the Secretary shall notify the inspector 
general of such element of the submittal of such statement 
and, to the extent consistent with the protection of intel-
ligence sources and methods, provide such inspector general 
with a copy of such statement. Such inspector general 
may submit to such committees of Congress any comments 
on a notice or statement received by the inspector general 
under this subparagraph that the inspector general con-
siders appropriate. 
‘‘(D) ELEMENTS OF THE INTELLIGENCE COMMUNITY.— 
The elements of the intelligence community specified in 
this subparagraph are as follows: 
‘‘(i) The Defense Intelligence Agency. 
‘‘(ii) The National Geospatial-Intelligence Agency. 
‘‘(iii) The National Reconnaissance Office. 
‘‘(iv) The National Security Agency. 
‘‘(E) COMMITTEES
OF
CONGRESS.—The committees of 
Congress specified in this subparagraph are—
H. R. 5961—44 
‘‘(i) the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate; and 
‘‘(ii) the Committee on Armed Services and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
‘‘(e) REMOVAL.— 
‘‘(1) BOARD, CHAIRMAN OF COMMITTEE, OR COMMISSION IS 
HEAD OF DESIGNATED FEDERAL ENTITY.—In the case of a des-
ignated Federal entity for which a board, chairman of a com-
mittee, or commission is the head of the designated Federal 
entity, a removal under this subsection may only be made 
upon the written concurrence of a 2⁄3 majority of the board, 
committee, or commission. 
‘‘(2) INSPECTOR
GENERAL
REMOVED
OR
TRANSFERRED.—If 
an Inspector General is removed from office or is transferred 
to another position or location within a designated Federal 
entity, the head of the designated Federal entity shall commu-
nicate in writing the reasons for any such removal or transfer 
to both Houses of Congress, not later than 30 days before 
the removal or transfer. Nothing in this subsection shall pro-
hibit a personnel action otherwise authorized by law, other 
than transfer or removal. 
‘‘(f) UNITED STATES POSTAL SERVICE.— 
‘‘(1) APPOINTMENT.—For purposes of carrying out sub-
section (c) with respect to the United States Postal Service, 
the appointment provisions of section 202(e) of title 39 shall 
be applied. 
‘‘(2) OVERSIGHT RESPONSIBILITY OF INSPECTOR GENERAL FOR 
ACTIVITIES
OF
POSTAL
INSPECTION
SERVICE.—In carrying out 
the duties and responsibilities specified in this chapter, the 
Inspector General of the United States Postal Service (herein-
after in this subsection referred to as the ‘Inspector General’) 
shall have oversight responsibility for all activities of the Postal 
Inspection Service, including any internal investigation per-
formed by the Postal Inspection Service. The Chief Postal 
Inspector shall promptly report the significant activities being 
carried out by the Postal Inspection Service to such Inspector 
General. 
‘‘(3) AUDITS AND INVESTIGATIONS.— 
‘‘(A) AUTHORITY, DIRECTION, AND
CONTROL
OF
GOV-
ERNORS.— 
‘‘(i) ACCESS TO SENSITIVE INFORMATION.—Notwith-
standing subsection (d), the Inspector General shall 
be under the authority, direction, and control of the 
Governors with respect to audits or investigations, or 
the issuance of subpoenas, which require access to 
sensitive information concerning— 
‘‘(I) ongoing civil or criminal investigations or 
proceedings; 
‘‘(II) undercover operations; 
‘‘(III) the identity of confidential sources, 
including protected witnesses; 
‘‘(IV) intelligence or counterintelligence mat-
ters; or 
‘‘(V) other matters the disclosure of which 
would constitute a serious threat to national secu-
rity.
H. R. 5961—45 
‘‘(ii) AUTHORITY TO PROHIBIT INSPECTOR GENERAL 
FROM CARRYING OUT OR COMPLETING AUDIT OR INVES-
TIGATION.—With respect to the information described 
under clause (i), the Governors may prohibit the 
Inspector General from carrying out or completing any 
audit or investigation, or from issuing any subpoena, 
after such Inspector General has decided to initiate, 
carry out, or complete such audit or investigation or 
to issue such subpoena, if the Governors determine 
that such prohibition is necessary to prevent the disclo-
sure of any information described under clause (i) or 
to prevent significant impairment to the national 
interests of the United States. 
‘‘(iii) NOTIFICATION OF REASONS FOR EXERCISE OF 
POWER.—If the Governors exercise any power under 
clause (i) or (ii), the Governors shall notify the 
Inspector General in writing, stating the reasons for 
such exercise. Within 30 days after receipt of any such 
notice, the Inspector General shall transmit a copy 
of such notice to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Com-
mittee on Oversight and Reform of the House of Rep-
resentatives, and to other appropriate committees or 
subcommittees of the Congress. 
‘‘(B) INITIATING, CONDUCTING, AND SUPERVISING AUDITS 
AND
INVESTIGATIONS.—In carrying out the duties and 
responsibilities specified in this chapter, the Inspector Gen-
eral— 
‘‘(i) may initiate, conduct, and supervise such 
audits and investigations in the United States Postal 
Service as the Inspector General considers appropriate; 
and 
‘‘(ii) shall give particular regard to the activities 
of the Postal Inspection Service with a view toward 
avoiding duplication and ensuring effective coordina-
tion and cooperation. 
‘‘(C) REPORTING SERIOUS PROBLEMS, ABUSES, OR DEFI-
CIENCIES.—Any report required to be transmitted by the 
Governors to the appropriate committees or subcommittees 
of the Congress under section 405(e) of this title shall 
also be transmitted, within the 7-day period specified under 
such section, to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee 
on Oversight and Reform of the House of Representatives. 
‘‘(4) LIMITATION.—Nothing in this chapter shall restrict, 
eliminate, or otherwise adversely affect any of the rights, privi-
leges, or benefits of either employees of the United States 
Postal Service, or labor organizations representing employees 
of the United States Postal Service, under chapter 12 of title 
39, the National Labor Relations Act, any handbook or manual 
affecting employee labor relations with the United States Postal 
Service, or any collective bargaining agreement. 
‘‘(5) DEFINITION OF GOVERNORS.—In this subsection, the 
term ‘Governors’ has the meaning given the term by section 
102(3) of title 39. 
‘‘(6) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated, out of the Postal Service Fund,
H. R. 5961—46 
such sums as may be necessary for the Office of Inspector 
General of the United States Postal Service. 
‘‘(g) SPECIAL APPLICATION.— 
‘‘(1) SECTIONS 404, 405, 406, AND 407.—Sections 404, 405, 
406 (other than paragraphs (7) and (8) of section 406(a)), and 
407 of this title shall apply to each Inspector General and 
Office of Inspector General of a designated Federal entity, 
and such sections shall be applied to each designated Federal 
entity and head of the designated Federal entity (as defined 
under subsection (a)) by substituting— 
‘‘(A) ‘designated Federal entity’ for ‘establishment’; and 
‘‘(B) ‘head of the designated Federal entity’ for ‘head 
of the establishment’. 
‘‘(2) PERSONNEL.—In addition to the other authorities speci-
fied in this chapter, an Inspector General is authorized to 
select, appoint, and employ such officers and employees as 
may be necessary for carrying out the functions, powers, and 
duties of the Office of Inspector General and to obtain the 
temporary or intermittent services of experts or consultants 
or an organization of experts or consultants, subject to the 
applicable laws and regulations that govern such selections, 
appointments, and employment, and the obtaining of such serv-
ices, within the designated Federal entity. 
‘‘(3) APPLICATION OF SECTION 412(a).—Notwithstanding the 
last sentence of subsection (d)(1) of this section, the provisions 
of subsection (a) of section 412 of this title (other than the 
provisions of subparagraphs (A), (B), (C), and (E) of subsection 
(a)(1) of section 412 of this title) shall apply to the Inspector 
General of the Board of Governors of the Federal Reserve 
System and the Bureau of Consumer Financial Protection and 
the Chairman of the Board of Governors of the Federal Reserve 
System in the same manner as such provisions apply to the 
Inspector General of the Department of the Treasury and the 
Secretary of the Treasury, respectively. 
‘‘(4) COUNSEL.—Each Inspector General shall— 
‘‘(A) in accordance with applicable laws and regulations 
governing appointments within the designated Federal 
entity, appoint a Counsel to the Inspector General who 
shall report to the Inspector General; 
‘‘(B) obtain the services of a counsel appointed by and 
directly reporting to another Inspector General on a 
reimbursable basis; or 
‘‘(C) obtain the services of appropriate staff of the 
Council of the Inspectors General on Integrity and Effi-
ciency on a reimbursable basis. 
‘‘(h) ANNUAL LISTING AND REPORT.— 
‘‘(1) LISTING.—Each year, the Director of the Office of 
Management and Budget, after consultation with the Comp-
troller General of the United States, shall publish in the Federal 
Register a list of the Federal entities and designated Federal 
entities and if the designated Federal entity is not a board 
or commission, include the head of each such entity (as defined 
under subsection (a)). 
‘‘(2) REPORT.—On October 31 of each year, the head of 
each Federal entity (as defined under subsection (a)) shall
H. R. 5961—47 
prepare and transmit to the Director of the Office of Manage-
ment and Budget and to each House of the Congress a report 
that— 
‘‘(A) states whether there has been established in the 
Federal entity an office that meets the requirements of 
this section; 
‘‘(B) specifies the actions taken by the Federal entity 
otherwise to ensure that audits are conducted of its pro-
grams and operations in accordance with the standards 
for audit of governmental organizations, programs, activi-
ties, and functions issued by the Comptroller General of 
the United States, and includes a list of each audit report 
completed by a Federal or non-Federal auditor during the 
reporting period and a summary of any particularly signifi-
cant findings; and 
‘‘(C) summarizes any matters relating to the personnel, 
programs, and operations of the Federal entity referred 
to prosecutive authorities, including a summary description 
of any preliminary investigation conducted by or at the 
request of the Federal entity concerning these matters, 
and the prosecutions and convictions which have resulted. 
‘‘§ 416. Additional provisions with respect to Inspectors Gen-
eral of the intelligence community 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE
COMMITTEES.—The term ‘intelligence 
committees’ means the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select Com-
mittee on Intelligence of the Senate. 
‘‘(2) URGENT CONCERN.—The term ‘urgent concern’ means 
any of the following: 
‘‘(A) A serious or flagrant problem, abuse, violation 
of law or Executive order, or deficiency relating to the 
funding, administration, or operations of an intelligence 
activity involving classified information, but does not 
include differences of opinions concerning public policy mat-
ters. 
‘‘(B) A false statement to Congress, or a willful with-
holding from Congress, on an issue of material fact relating 
to the funding, administration, or operation of an intel-
ligence activity. 
‘‘(C) An action, including a personnel action described 
in section 2302(a)(2)(A) of this title constituting reprisal 
or threat of reprisal prohibited under section 407(c) of 
this title in response to an employee’s reporting an urgent 
concern in accordance with this section. 
‘‘(b) COMPLAINT OR INFORMATION WITH RESPECT TO URGENT 
CONCERN.— 
‘‘(1) TO WHOM REPORTS MAY BE MADE.— 
‘‘(A) 
INSPECTOR
GENERAL
OF
DEPARTMENT
OF 
DEFENSE.—An employee of the Defense Intelligence Agency, 
the National Geospatial-Intelligence Agency, the National 
Reconnaissance Office, or the National Security Agency, 
or of a contractor of any of those Agencies, who intends 
to report to Congress a complaint or information with 
respect to an urgent concern may report the complaint
H. R. 5961—48 
or information to the Inspector General of the Department 
of Defense (or designee). 
‘‘(B) INSPECTOR
GENERAL
OF
INTELLIGENCE
COMMU-
NITY.—An employee of an element of the intelligence 
community, an employee assigned or detailed to an element 
of the intelligence community, or an employee of a con-
tractor to the intelligence community, who intends to report 
to Congress a complaint or information with respect to 
an urgent concern may report such complaint or informa-
tion to the Inspector General of the Intelligence Commu-
nity. 
‘‘(C) INSPECTOR GENERAL OF DEPARTMENT OF JUSTICE.— 
An employee of the Federal Bureau of Investigation, or 
of a contractor of the Bureau, who intends to report to 
Congress a complaint or information with respect to an 
urgent concern may report the complaint or information 
to the Inspector General of the Department of Justice (or 
designee). 
‘‘(D) OTHER
APPROPRIATE
INSPECTOR
GENERAL.—Any 
other employee of, or contractor to, an executive agency, 
or element or unit thereof, determined by the President 
under section 2302(a)(2)(C)(ii) of this title, to have as its 
principal function the conduct of foreign intelligence or 
counterintelligence activities, who intends to report to Con-
gress a complaint or information with respect to an urgent 
concern may report the complaint or information to the 
appropriate Inspector General (or designee) under this 
chapter, section 17 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 3517), or section 103H(k) of the National 
Security Act of 1947 (50 U.S.C. 3033(k)). 
‘‘(2) DESIGNEE TO REPORT COMPLAINT OR INFORMATION TO 
INSPECTOR
GENERAL
WITHIN
DAYS.—If a designee of an 
Inspector General under this section receives a complaint or 
information of an employee with respect to an urgent concern, 
that designee shall report the complaint or information to the 
Inspector General within 7 calendar days of receipt. 
‘‘(3) DESIGNEES
OF
INSPECTOR
GENERAL
OF
DEPARTMENT 
OF
DEFENSE.—The Inspectors General of the Defense Intel-
ligence Agency, the National Geospatial-Intelligence Agency, 
the National Reconnaissance Office, and the National Security 
Agency shall be designees of the Inspector General of the 
Department of Defense for purposes of this section. 
‘‘(c) INITIAL DETERMINATIONS AND TRANSMITTALS.— 
‘‘(1) CREDIBILITY.—Not later than the end of the 14-cal-
endar day period beginning on the date of receipt of an employee 
complaint or information under subsection (b), the Inspector 
General shall determine whether the complaint or information 
appears credible. Upon making such a determination, the 
Inspector General shall transmit to the head of the establish-
ment notice of that determination, together with the complaint 
or information. 
‘‘(2) CONFLICT OF INTEREST.—If the head of an establish-
ment determines that a complaint or information transmitted 
under paragraph (1) would create a conflict of interest for 
the head of the establishment, the head of the establishment 
shall return the complaint or information to the Inspector Gen-
eral with that determination and the Inspector General shall
H. R. 5961—49 
make the transmission to the Director of National Intelligence 
and, if the establishment is within the Department of Defense, 
to the Secretary of Defense. In such a case, the requirements 
of this section for the head of the establishment apply to each 
recipient of the Inspector General’s transmission. 
‘‘(d) FORWARDING TRANSMITTALS.—Upon receipt of a transmittal 
from the Inspector General under subsection (c), the head of the 
establishment shall, within 7 calendar days of such receipt, forward 
such transmittal to the intelligence committees, together with any 
comments the head of the establishment considers appropriate. 
‘‘(e) SUBMITTING COMPLAINT OR INFORMATION TO CONGRESS.— 
‘‘(1) IN GENERAL.—If the Inspector General does not find 
credible under subsection (c) a complaint or information sub-
mitted to the Inspector General under subsection (b), or does 
not transmit the complaint or information to the head of the 
establishment in accurate form under subsection (c), the 
employee (subject to paragraph (2)) may submit the complaint 
or information to Congress by contacting either or both of 
the intelligence committees directly. 
‘‘(2) LIMITATION.—The employee may contact the intel-
ligence committees directly as described in paragraph (1) only 
if the employee— 
‘‘(A) before making such a contact, furnishes to the 
head of the establishment, through the Inspector General, 
a statement of the employee’s complaint or information 
and notice of the employee’s intent to contact the intel-
ligence committees directly; and 
‘‘(B) obtains and follows from the head of the establish-
ment, through the Inspector General, direction on how 
to contact the intelligence committees in accordance with 
appropriate security practices. 
‘‘(3) INTELLIGENCE COMMITTEE RECEIPT OF COMPLAINT OR 
INFORMATION.—A member or employee of one of the intelligence 
committees who receives a complaint or information under 
paragraph (1) does so in that member or employee’s official 
capacity as a member or employee of that committee. 
‘‘(f) NOTIFICATION.—The Inspector General shall notify an 
employee who reports a complaint or information under this section 
of each action taken under this section with respect to the complaint 
or information. Such notice shall be provided not later than 3 
days after any such action is taken. 
‘‘(g) NO JUDICIAL REVIEW.—An action taken by the head of 
an establishment or an Inspector General under subsections (b) 
through (f) shall not be subject to judicial review. 
‘‘(h) NOTICE
OF SUBMISSION
AND DATE.—An individual who 
has submitted a complaint or information to an Inspector General 
under this section may notify any member of the Permanent Select 
Committee on Intelligence of the House of Representatives or the 
Select Committee on Intelligence of the Senate, or a staff member 
of either such Committee, of the fact that such individual has 
made a submission to that particular Inspector General, and of 
the date on which such submission was made. 
‘‘§ 417. Special provisions concerning the Department of 
Homeland Security 
‘‘(a) IN GENERAL.—
H. R. 5961—50 
‘‘(1) AUTHORITY OF SECRETARY OF HOMELAND SECURITY OVER 
CERTAIN AUDITS AND INVESTIGATIONS.—Notwithstanding the 2d 
sentence and last sentence of section 403(a) of this title, the 
Inspector General of the Department of Homeland Security 
shall be under the authority, direction, and control of the Sec-
retary of Homeland Security with respect to audits or investiga-
tions, or the issuance of subpoenas, that require access to 
sensitive information concerning— 
‘‘(A) intelligence, counterintelligence, or counterter-
rorism matters; 
‘‘(B) ongoing criminal investigations or proceedings; 
‘‘(C) undercover operations; 
‘‘(D) the identity of confidential sources, including pro-
tected witnesses; 
‘‘(E) other matters the disclosure of which would, in 
the Secretary’s judgment, constitute a serious threat to 
the protection of any person or property authorized protec-
tion by section 3056 of title 18, section 3056A of title 
18, or any provision of the Presidential Protection Assist-
ance Act of 1976 (18 U.S.C. 3056 note); or 
‘‘(F) other matters the disclosure of which would con-
stitute a serious threat to national security. 
‘‘(2) AUTHORITY OF SECRETARY OF HOMELAND SECURITY TO 
PROHIBIT CARRYING OUT OR COMPLETING AUDITS OR INVESTIGA-
TIONS.—With respect to the information described in paragraph 
(1), the Secretary of Homeland Security may prohibit the 
Inspector General of the Department of Homeland Security 
from carrying out or completing any audit or investigation, 
from accessing information described in paragraph (1), or from 
issuing any subpoena, after such Inspector General has decided 
to initiate, carry out, or complete such audit or investigation, 
access such information, or to issue such subpoena, if the Sec-
retary determines that such prohibition is necessary to prevent 
the disclosure of any information described in paragraph (1), 
to preserve the national security, or to prevent a significant 
impairment to the interests of the United States. 
‘‘(3) NOTIFICATION OF EXERCISE OF POWER.—If the Secretary 
of Homeland Security exercises any power under paragraph 
(1) or (2), the Secretary shall notify the Inspector General 
of the Department of Homeland Security in writing within 
7 days, stating the reasons for such exercise. Within 30 days 
after receipt of any such notice, the Inspector General shall 
transmit to the President of the Senate, the Speaker of the 
House of Representatives, and appropriate committees and sub-
committees of Congress the following— 
‘‘(A) a copy of such notice; and 
‘‘(B) a written response to such notice that includes 
a statement regarding whether the Inspector General 
agrees or disagrees with such exercise, and the reasons 
for any disagreement. 
‘‘(b) NOT A LIMITATION ON CONGRESSIONAL ACCESS TO INFORMA-
TION.—The exercise of authority by the Secretary described in sub-
section (a)(2) should not be construed as limiting the right of Con-
gress or any committee of Congress to access any information 
it seeks.
H. R. 5961—51 
‘‘(c) AUTHORITY OF INSPECTOR GENERAL TO INITIATE, CONDUCT, 
AND SUPERVISE AUDITS AND INVESTIGATIONS.—Subject to the condi-
tions established in subsections (a) and (b), in carrying out the 
duties and responsibilities specified in this chapter, the Inspector 
General of the Department of Homeland Security may initiate, 
conduct, and supervise such audits and investigations in the Depart-
ment of Homeland Security as the Inspector General considers 
appropriate. 
‘‘(d) REPORTS.—Any report required to be transmitted by the 
Secretary of Homeland Security to the appropriate committees or 
subcommittees of Congress under section 405(e) of this title shall 
be transmitted, within the 7-day period specified in section 405(e) 
of this title, to the President of the Senate, the Speaker of the 
House of Representatives, and appropriate committees and sub-
committees of Congress. 
‘‘(e) OVERSIGHT RESPONSIBILITY.—Notwithstanding any other 
provision of law, in carrying out the duties and responsibilities 
specified in this chapter, the Inspector General of the Department 
of Homeland Security shall have oversight responsibility for the 
internal investigations performed by the Office of Internal Affairs 
of the United States Customs Service, the Office of Inspections 
of the United States Secret Service, the Bureau of Border Security, 
and the Bureau of Citizenship and Immigration Services. The head 
of each such office or bureau shall promptly report to the Inspector 
General the significant activities being carried out by such office 
or bureau. 
‘‘(f) DESIGNATED SENIOR OFFICIAL.— 
‘‘(1) IN GENERAL.—The Inspector General of the Department 
of Homeland Security shall designate a senior official within 
the Office of Inspector General, who shall be a career member 
of the civil service at the equivalent to the GS–15 level or 
a career member of the Senior Executive Service, to perform 
the functions described in paragraph (2). 
‘‘(2) FUNCTIONS.—The senior official designated under para-
graph (1) shall— 
‘‘(A) coordinate the activities of the Office of Inspector 
General with respect to investigations of abuses of civil 
rights or civil liberties; 
‘‘(B) receive and review complaints and information 
from any source alleging abuses of civil rights and civil 
liberties by employees or officials of the Department and 
employees or officials of independent contractors or 
grantees of the Department; 
‘‘(C) initiate investigations of alleged abuses of civil 
rights or civil liberties by employees or officials of the 
Department and employees or officials of independent con-
tractors or grantees of the Department; 
‘‘(D) ensure that personnel within the Office of 
Inspector General receive sufficient training to conduct 
effective civil rights and civil liberties investigations; 
‘‘(E) consult with the Officer for Civil Rights and Civil 
Liberties regarding— 
‘‘(i) alleged abuses of civil rights or civil liberties; 
and 
‘‘(ii) any policy recommendations regarding civil 
rights and civil liberties that may be founded upon 
an investigation by the Office of Inspector General;
H. R. 5961—52 
‘‘(F) provide the Officer for Civil Rights and Civil Lib-
erties with information regarding the outcome of investiga-
tions of alleged abuses of civil rights and civil liberties; 
‘‘(G) refer civil rights and civil liberties matters that 
the Inspector General decides not to investigate to the 
Officer for Civil Rights and Civil Liberties; 
‘‘(H) ensure that the Office of the Inspector General 
publicizes and provides convenient public access to informa-
tion regarding— 
‘‘(i) the procedure to file complaints or comments 
concerning civil rights and civil liberties matters; and 
‘‘(ii) the status of corrective actions taken by the 
Department in response to Office of the Inspector Gen-
eral reports; and 
‘‘(I) inform the Officer for Civil Rights and Civil Lib-
erties of any weaknesses, problems, and deficiencies within 
the Department relating to civil rights or civil liberties. 
‘‘§ 418. Rule of construction of special provisions 
‘‘The special provisions under section 408, 409, 410, 411, 412, 
413, 414, 416, or 421 of this title relate only to the establishment 
named in such section and no inference shall be drawn from the 
presence or absence of a provision in any such section with respect 
to an establishment not named in such section or with respect 
to a designated Federal entity as defined under section 415(a) 
of this title. 
‘‘§ 419. Special provisions concerning overseas contingency 
operations 
‘‘(a) ADDITIONAL RESPONSIBILITIES OF CHAIR OF COUNCIL OF 
INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.—The Chair 
of the Council of Inspectors General on Integrity and Efficiency 
(CIGIE) shall, in consultation with the members of the Council, 
have the additional responsibilities specified in subsection (b) with 
respect to the Inspectors General specified in subsection (c) upon 
the earlier of— 
‘‘(1) the commencement or designation of a military oper-
ation as an overseas contingency operation that exceeds 60 
days; or 
‘‘(2) receipt of a notification under section 113(n) of title 
10 with respect to an overseas contingency operation. 
‘‘(b) SPECIFIC RESPONSIBILITIES.—The responsibilities specified 
in this subsection are the following: 
‘‘(1) DESIGNATE LEAD INSPECTOR GENERAL.—In consultation 
with the Inspectors General specified in subsection (c), to des-
ignate a lead Inspector General in accordance with subsection 
(d) to discharge the authorities of the lead Inspector General 
for the overseas contingency operation concerned as set forth 
in subsection (d). 
‘‘(2) RESOLVE CONFLICTS OF JURISDICTION.—To resolve con-
flicts of jurisdiction among the Inspectors General specified 
in subsection (c) on investigations, inspections, and audits with 
respect to such contingency operation in accordance with sub-
section (d)(2)(B). 
‘‘(3) IDENTIFY OFFICE PERSONNEL.—To assist in identifying 
for the lead inspector general for such contingency operation,
H. R. 5961—53 
Inspectors General and inspector general office personnel avail-
able to assist the lead Inspector General and the other Inspec-
tors General specified in subsection (c) on matters relating 
to such contingency operation. 
‘‘(c) INSPECTORS GENERAL.—The Inspectors General specified 
in this subsection are the Inspectors General as follows: 
‘‘(1) The Inspector General of the Department of Defense. 
‘‘(2) The Inspector General of the Department of State. 
‘‘(3) The Inspector General of the United States Agency 
for International Development. 
‘‘(d) LEAD INSPECTOR GENERAL FOR OVERSEAS CONTINGENCY 
OPERATION.— 
‘‘(1) DESIGNATION.—A lead Inspector General for an over-
seas contingency operation shall be designated by the Chair 
of the Council of Inspectors General on Integrity and Efficiency 
under subsection (b)(1) not later than 30 days after the earlier 
of— 
‘‘(A) the commencement or designation of the military 
operation concerned as an overeas contingency operation 
that exceeds 60 days; or 
‘‘(B) receipt of a notification under section 113(n) of 
title 10 with respect to an overseas contingency operation. 
The lead Inspector General for a contingency operation shall 
be designated from among the Inspectors General specified 
in subsection (c). 
‘‘(2) RESPONSIBILITIES.—The lead Inspector General for an 
overseas contingency operation shall have the following respon-
sibilities: 
‘‘(A) APPOINT
ASSOCIATE
INSPECTOR
GENERAL.—To 
appoint, from among the offices of the other Inspectors 
General specified in subsection (c), an Inspector General 
to act as associate Inspector General for the contingency 
operation who shall act in a coordinating role to assist 
the lead Inspector General in the discharge of responsibil-
ities under this subsection. 
‘‘(B) STRATEGIC
PLAN
TO
CONDUCT
COMPREHENSIVE 
OVERSIGHT.—To develop and carry out, in coordination with 
the offices of the other Inspectors General specified in 
subsection (c), a joint strategic plan to conduct comprehen-
sive oversight over all aspects of the contingency operation 
and to ensure through either joint or individual audits, 
inspections, and investigations, independent and effective 
oversight of all programs and operations of the Federal 
Government in support of the contingency operation. 
‘‘(C) ACCURACY
OF
INFORMATION.—To review and 
ascertain the accuracy of information provided by Federal 
agencies relating to obligations and expenditures, costs of 
programs and projects, accountability of funds, and the 
award and execution of major contracts, grants, and agree-
ments in support of the contingency operation. 
‘‘(D) JURISDICTIONAL MATTERS.— 
‘‘(i) NO INSPECTOR GENERAL WITH PRINCIPAL JURIS-
DICTION.—If none of the Inspectors General specified 
in subsection (c) has principal jurisdiction over a 
matter with respect to the contingency operation, to 
identify and coordinate with the Inspector General who
H. R. 5961—54 
has principal jurisdiction over the matter to ensure 
effective oversight. 
‘‘(ii) MORE
THAN
ONE
INSPECTOR
GENERAL
WITH 
JURISDICTION.—If more than one of the Inspectors Gen-
eral specified in subsection (c) has jurisdiction over 
a matter with respect to the contingency operation, 
to determine principal jurisdiction for discharging over-
sight responsibilities in accordance with this chapter 
with respect to such matter. 
‘‘(iii) INVESTIGATIONS.— 
‘‘(I) REQUEST BY INSPECTOR GENERAL WITH PRIN-
CIPAL
JURISDICTION.—Upon written request by the 
Inspector General with principal jurisdiction over a 
matter with respect to the contingency operation, and 
with the approval of the lead Inspector General, an 
Inspector General specified in subsection (c) may pro-
vide investigative support or conduct an independent 
investigation of an allegation of criminal activity by 
any United States personnel, contractor, subcontractor, 
grantee, or vendor in the applicable theater of oper-
ations. 
‘‘(II) NO INSPECTOR GENERAL WITH PRINCIPAL JURIS-
DICTION.—In the case of a determination by the lead 
Inspector General that no Inspector General has prin-
cipal jurisdiction over a matter with respect to the 
contingency operation, the lead Inspector General 
may— 
‘‘(aa) conduct an independent investigation of 
an allegation described in subclause (I); or 
‘‘(bb) request that an Inspector General speci-
fied in subsection (c) conduct such investigation. 
‘‘(E) PERSONNEL.—To employ, or authorize the employ-
ment by the other Inspectors General specified in sub-
section (c), on a temporary basis using the authorities 
in section 3161 of this title (without regard to subsection 
(b)(2) of that section), such auditors, investigators, and 
other personnel as the lead Inspector General considers 
appropriate to assist the lead Inspector General and such 
other Inspectors General on matters relating to the contin-
gency operation. 
‘‘(F) REPORT ON ACTIVITY.—To submit to Congress on 
a bi-annual basis, and to make available on an internet 
website available to the public, a report on the activities 
of the lead Inspector General and the other Inspectors 
General specified in subsection (c) with respect to the 
contingency operation, including— 
‘‘(i) the status and results of investigations, inspec-
tions, and audits and of referrals to the Department 
of Justice; and 
‘‘(ii) overall plans for the review of the contingency 
operation by inspectors general, including plans for 
investigations, inspections, and audits. 
‘‘(G) REPORT ON CONTINGENCY OPERATION.—To submit 
to Congress on a quarterly basis, and to make available 
on an Internet website available to the public, a report 
on the contingency operation.
H. R. 5961—55 
‘‘(H) OTHER RESPONSIBILITIES.—To carry out such other 
responsibilities relating to the coordination and efficient 
and effective discharge by the Inspectors General specified 
in subsection (c) of duties relating to the contingency oper-
ation as the lead Inspector General shall specify. 
‘‘(I) ENHANCING
COOPERATION.—To enhance coopera-
tion among Inspectors General and encourage comprehen-
sive oversight of the contingency operation, any Inspector 
General responsible for conducting oversight of any pro-
gram or operation performed in support of the contingency 
operation may, to the maximum extent practicable and 
consistent with the duties, responsibilities, policies, and 
procedures of that Inspector General— 
‘‘(i) coordinate such oversight activities with the 
lead Inspector General; and 
‘‘(ii) provide information requested by the lead 
Inspector General relating to the responsibilities of 
the lead Inspector General described in subparagraphs 
(B), (C), and (G). 
‘‘(3) EMPLOYMENT OF ANNUITANTS.— 
‘‘(A) IN GENERAL.—The lead Inspector General for an 
overseas contingency operation may employ, or authorize 
the employment by the other Inspectors General specified 
in subsection (c) of, annuitants covered by section 9902(g) 
of this title, for purposes of assisting the lead Inspector 
General in discharging responsibilities under this sub-
section with respect to the contingency operation. 
‘‘(B) DEEMED DEPARTMENT OF DEFENSE.—The employ-
ment of annuitants under this paragraph shall be subject 
to the provisions of section 9902(g) of this title as if the 
lead Inspector General concerned was the Department of 
Defense. 
‘‘(C) FOREIGN SERVICE ANNUITANTS.— 
‘‘(i) CONTINUANCE
OF
ANNUITY.—An annuitant 
receiving an annuity under the Foreign Service Retire-
ment and Disability System or the Foreign Service 
Pension System under chapter 8 of title I of the Foreign 
Service Act of 1980 (22 U.S.C. 4041 et seq.) who is 
reemployed under this subsection— 
‘‘(I) shall continue to receive the annuity; and 
‘‘(II) shall not be considered a participant for 
purposes of chapter 8 of title I of the Foreign 
Service Act of 1980 (22 U.S.C. 4041 et seq.) or 
an employee for purposes of subchapter III of 
chapter 83 or chapter 84 of this title. 
‘‘(ii) ELECTION
REGARDING
REEMPLOYMENT.—An 
annuitant described in clause (i) may elect in writing 
for the reemployment of the annuitant under this sub-
section to be subject to section 824 of the Foreign 
Service Act of 1980 (22 U.S.C. 4064). A reemployed 
annuitant shall make an election under this clause 
not later than 90 days after the date of the reemploy-
ment of the annuitant. 
‘‘(4) DISCHARGE OF RESPONSIBILITIES IN ACCORDANCE WITH 
CHAPTER.—The lead Inspector General for an overseas contin-
gency operation shall discharge the responsibilities for the
H. R. 5961—56 
contingency operation under this subsection in a manner con-
sistent with the authorities and requirements of this chapter 
generally and the authorities and requirements applicable to 
the Inspectors General specified in subsection (c) under this 
chapter. 
‘‘(5) CCOMPETITIVE STATUS FOR APPOINTMENT.— 
‘‘(A) IN
GENERAL.—A person employed by a lead 
Inspector General for an overseas contingency operation 
under this section shall acquire competitive status for 
appointment to any position in the competitive service for 
which the employee possesses the required qualifications 
upon the completion of 2 years of continuous service as 
an employee under this section. 
‘‘(B) LIMITATION.—No person who is first employed as 
described in subparagraph (A) more than 2 years after 
December 19, 2019, may acquire competitive status under 
subparagraph (A). 
‘‘(e) SUNSET FOR PARTICULAR CONTINGENCY OPERATIONS.—The 
requirements and authorities of this section with respect to an 
overseas contingency operation shall cease at the end of the first 
fiscal year after the commencement or designation of the contin-
gency operation in which the total amount appropriated for the 
contingency operation is less than $100,000,000. 
‘‘(f) CONSTRUCTION
OF AUTHORITY.—Nothing in this section 
shall be construed to limit the ability of the Inspectors General 
specified in subsection (c) to enter into agreements to conduct 
joint audits, inspections, or investigations in the exercise of their 
oversight responsibilities in accordance with this chapter with 
respect to overseas contingency operations. 
‘‘§ 420. Information on websites of Offices of Inspectors Gen-
eral 
‘‘(a) DIRECT LINKS TO INSPECTORS GENERAL OFFICES.— 
‘‘(1) IN
GENERAL.—Each Federal agency and designated 
Federal entity shall establish and maintain on the homepage 
of the website of that Federal agency or designated Federal 
entity, a direct link to the website of the Office of the Inspector 
General of that Federal agency or designated Federal entity. 
‘‘(2) ACCESSIBILITY.—The direct link under paragraph (1) 
shall be obvious and facilitate accessibility to the website of 
the Office of the Inspector General. 
‘‘(b) REQUIREMENTS FOR INSPECTORS GENERAL WEBSITES.— 
‘‘(1) POSTING OF REPORTS AND AUDITS.—The Inspector Gen-
eral of each Federal agency and designated Federal entity 
shall— 
‘‘(A) not later than 3 days after any audit report, 
inspection report, or evaluation report (or portion of any 
such report) is submitted in final form to the head of 
the Federal agency or the head of the designated Federal 
entity, as applicable, post that report (or portion of that 
report) on the website of the Office of Inspector General; 
and 
‘‘(B) ensure that any posted report (or portion of that 
report) described under subparagraph (A)— 
‘‘(i) is easily accessible from a direct link on the 
homepage of the website of the Office of the Inspector 
General;
H. R. 5961—57 
‘‘(ii) includes a summary of the findings of the 
Inspector General; and 
‘‘(iii) is in a format that— 
‘‘(I) is searchable and downloadable; and 
‘‘(II) facilitates printing by individuals of the 
public accessing the website. 
‘‘(2) REPORTING OF FRAUD, WASTE, AND ABUSE.— 
‘‘(A) IN GENERAL.—The Inspector General of each Fed-
eral agency and designated Federal entity shall establish 
and maintain a direct link on the homepage of the website 
of the Office of the Inspector General for individuals to 
report fraud, waste, and abuse. Individuals reporting fraud, 
waste, or abuse using the direct link established under 
this paragraph shall not be required to provide personally 
identifying information relating to that individual. 
‘‘(B) ANONYMITY.—The Inspector General of each Fed-
eral agency and designated Federal entity shall not disclose 
the identity of any individual making a report under this 
paragraph without the consent of the individual unless 
the Inspector General determines that such a disclosure 
is unavoidable during the course of the investigation. 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed as authorizing an Inspector General to pub-
licly disclose information otherwise prohibited from disclosure 
by law. 
‘‘(c) DEFINITIONS.—In this section, the terms ‘designated Fed-
eral entity’ and ‘head of the designated Federal entity’ have the 
meanings given those terms in section 415(a) of this title. 
‘‘§ 421. Additional provisions with respect to the Department 
of Energy 
‘‘(a) AUTHORITY TO PROHIBIT ACCESS TO CERTAIN MATERIALS.— 
The Secretary of Energy may prohibit the Inspector General of 
the Department of Energy from accessing Restricted Data and 
nuclear safeguards information protected from disclosure under 
chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 
et seq.) and intelligence or counterintelligence, as defined in section 
3 of the National Security Act of 1947 (50 U.S.C. 3003), if the 
Secretary of Energy determines that the prohibition is necessary 
to protect the national security or prevent the significant impair-
ment to the national security interests of the United States. 
‘‘(b) NOTIFICATION TO INSPECTOR GENERAL AND STATEMENT TO 
CONGRESS.—Not later than 7 days after the date on which the 
Secretary of Energy exercises any power authorized under sub-
section (a), the Secretary shall notify the Inspector General of 
the Department of Energy in writing of the reasons for such exer-
cise. Within 30 days after receipt of any such notice, the Inspector 
General of the Department of Energy shall submit to the appro-
priate committees of Congress a statement concerning such exercise. 
‘‘§ 422. Transfer of functions 
‘‘(a) IN GENERAL.—There shall be transferred— 
‘‘(1) to the Office of Inspector General— 
‘‘(A) of the Department of Agriculture, the offices of 
that department referred to as the ‘Office of Investigation’ 
and the ‘Office of Audit’;
H. R. 5961—58 
‘‘(B) of the Department of Commerce, the offices of 
that department referred to as the ‘Office of Audits’ and 
the ‘Investigations and Inspections Staff’ and that portion 
of the office referred to as the ‘Office of Investigations 
and Security’ which has responsibility for investigation of 
alleged criminal violations and program abuse; 
‘‘(C) of the Department of Defense, the offices of that 
department referred to as the ‘Defense Audit Service’ and 
the ‘Office of Inspector General, Defense Logistics Agency’, 
and that portion of the office of that department referred 
to as the ‘Defense Investigative Service’ which has responsi-
bility for the investigation of alleged criminal violations; 
‘‘(D) of the Department of Education, all functions of 
the Inspector General of Health, Education, and Welfare 
or of the Office of Inspector General of Health, Education, 
and Welfare relating to functions transferred by section 
301 of the Department of Education Organization Act (20 
U.S.C. 3441); 
‘‘(E) of the Department of Energy, the Office of 
Inspector General (as established by section 208 of the 
Department of Energy Organization Act); 
‘‘(F) of the Department of Health and Human Services, 
the Office of Inspector General (as established by title 
II of Public Law 94–505); 
‘‘(G) of the Department of Housing and Urban Develop-
ment, the office of that department referred to as the 
‘Office of Inspector General’; 
‘‘(H) of the Department of the Interior, the office of 
that department referred to as the ‘Office of Audit and 
Investigation’; 
‘‘(I) of the Department of Justice— 
‘‘(i) the offices of that Department referred to as— 
‘‘(I) the ‘Audit Staff, Justice Management Divi-
sion’; 
‘‘(II) the ‘Policy and Procedures Branch, Office 
of the Comptroller, Immigration and Naturaliza-
tion Service’, the ‘Office of Professional Responsi-
bility, Immigration and Naturalization Service’, 
and the ‘Office of Program Inspections, Immigra-
tion and Naturalization Service’; 
‘‘(III) the ‘Office of Internal Inspection, United 
States Marshals Service’; and 
‘‘(IV) the ‘Financial Audit Section, Office of 
Financial Management, Bureau of Prisons’ and the 
‘Office of Inspections, Bureau of Prisons’; and 
‘‘(ii) from the Drug Enforcement Administration, 
that portion of the ‘Office of Inspections’ which is 
engaged in internal audit activities, and that portion 
of the ‘Office of Planning and Evaluation’ which is 
engaged in program review activities; 
‘‘(J) of the Department of Labor, the office of that 
department referred to as the ‘Office of Special Investiga-
tions’; 
‘‘(K) of the Department of Transportation, the offices 
of that department referred to as the ‘Office of Investiga-
tions and Security’ and the ‘Office of Audit’ of the Depart-
ment, the ‘Offices of Investigations and Security, Federal
H. R. 5961—59 
Aviation Administration’, and ‘External Audit Divisions, 
Federal Aviation Administration’, the ‘Investigations Divi-
sion and the External Audit Division of the Office of Pro-
gram Review and Investigation, Federal Highway Adminis-
tration’, and the ‘Office of Program Audits, Federal Transit 
Administration’; 
‘‘(L)(i) of the Department of the Treasury, the office 
of that department referred to as the ‘Office of Inspector 
General’, and, notwithstanding any other provision of law, 
that portion of each of the offices of that department 
referred to as the ‘Office of Internal Affairs, Tax and Trade 
Bureau’, the ‘Office of Internal Affairs, United States Cus-
toms Service’, and the ‘Office of Inspections, United States 
Secret Service’ which is engaged in internal audit activities; 
and 
‘‘(ii) of the Treasury Inspector General for Tax Adminis-
tration, effective 180 days after July 22, 1998, the Office 
of Chief Inspector of the Internal Revenue Service; 
‘‘(M) of the Environmental Protection Agency, the 
offices of that agency referred to as the ‘Office of Audit’ 
and the ‘Security and Inspection Division’; 
‘‘(N) of the Federal Emergency Management Agency, 
the office of that agency referred to as the ‘Office of 
Inspector General’; 
‘‘(O) of the General Services Administration, the offices 
of that agency referred to as the ‘Office of Audits’ and 
the ‘Office of Investigations’; 
‘‘(P) of the National Aeronautics and Space Administra-
tion, the offices of that agency referred to as the ‘Manage-
ment Audit Office’ and the ‘Office of Inspections and Secu-
rity’; 
‘‘(Q) of the Nuclear Regulatory Commission, the office 
of that commission referred to as the ‘Office of Inspector 
and Auditor’; 
‘‘(R) of the Office of Personnel Management, the offices 
of that agency referred to as the ‘Office of Inspector Gen-
eral’, the ‘Insurance Audits Division, Retirement and Insur-
ance Group’, and the ‘Analysis and Evaluation Division, 
Administration Group’; 
‘‘(S) of the Railroad Retirement Board, the Office of 
Inspector General (as established by section 23 of the Rail-
road Retirement Act of 1974); 
‘‘(T) of the Small Business Administration, the office 
of that agency referred to as the ‘Office of Audits and 
Investigations’; 
‘‘(U) of the Department of Veterans Affairs, the offices 
of that department referred to as the ‘Office of Audits’ 
and the ‘Office of Investigations’; 
‘‘(V) of the Corporation for National and Community 
Service, the Office of Inspector General of ACTION; and 
‘‘(W) of the Social Security Administration, the func-
tions of the Inspector General of the Department of Health 
and Human Services which are transferred to the Social 
Security Administration by the Social Security Independ-
ence and Program Improvements Act of 1994 (other than 
functions performed pursuant to section 105(a)(2) of such 
Act), except that such transfers shall be made in accordance
H. R. 5961—60 
with the provisions of such Act and shall not be subject 
to subsections (b) through (d) of this section; and 
‘‘(2) to the Office of the Inspector General, such other 
offices or agencies, or functions, powers, or duties thereof, as 
the head of the establishment involved may determine are 
properly related to the functions of the Office and would, if 
so transferred, further the purposes of this chapter, 
except that there shall not be transferred to an Inspector General 
under paragraph (2) program operating responsibilities. 
‘‘(b) RELATED TRANSFERS.—The personnel, assets, liabilities, 
contracts, property, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds employed, held, 
used, arising from, available or to be made available, of any office 
or agency the functions, powers, and duties of which are transferred 
under subsection (a) are hereby transferred to the applicable Office 
of Inspector General. 
‘‘(c) PERSONNEL.—Personnel transferred pursuant to subsection 
(b) shall be transferred in accordance with applicable laws and 
regulations relating to the transfer of functions except that the 
classification and compensation of such personnel shall not be 
reduced for one year after such transfer. 
‘‘(d) LAPSE
OF OFFICE
OR AGENCY
AND COMPENSATION
FOR 
TRANSFERRED POSITIONS WITH COMPARABLE DUTIES.—In any case 
in which all the functions, powers, and duties of any office or 
agency are transferred pursuant to this subsection, such office 
or agency shall lapse. Any person who, on October 1, 1978, held 
a position compensated in accordance with the General Schedule, 
and who, without a break in service, is appointed in an Office 
of Inspector General to a position having duties comparable to 
those performed immediately preceding such appointment shall con-
tinue to be compensated in the new position at not less than 
the rate provided for the previous position, for the duration of 
service in the new position. 
‘‘§ 423. Pay of Inspectors General 
‘‘(a) CERTAIN INSPECTORS GENERAL.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, the annual rate of basic pay of the Inspector General 
of the Intelligence Community, the Inspector General of the 
Central Intelligence Agency, and the Special Inspector General 
for Afghanistan Reconstruction shall be that of an Inspector 
General as defined under section 401 of this title. 
‘‘(2) PROHIBITION
OF
CASH
BONUS
OR
AWARDS.—Section 
403(f) of this title shall apply to the Inspectors General 
described under paragraph (1). 
‘‘(b) INSPECTORS GENERAL OF DESIGNATED FEDERAL ENTITIES.— 
Notwithstanding any other provision of law, the Inspector General 
of each designated Federal entity (as those terms are defined under 
section 415(a) of this title) shall, for pay and all other purposes, 
be classified at a grade, level, or rank designation, as the case 
may be, at or above those of a majority of the senior level executives 
of that designated Federal entity (such as a General Counsel, Chief 
Information Officer, Chief Financial Officer, Chief Human Capital 
Officer, or Chief Acquisition Officer). The pay of an Inspector Gen-
eral of a designated Federal entity (as those terms are defined 
under section 415(a) of this title) shall be not less than the average
H. R. 5961—61 
total compensation (including bonuses) of the senior level executives 
of that designated Federal entity calculated on an annual basis. 
‘‘(c) SAVINGS PROVISION
FOR NEWLY APPOINTED INSPECTORS 
GENERAL.— 
‘‘(1) IN GENERAL.—The provisions of section 3392 of this 
title, other than the terms ‘performance awards’ and ‘awarding 
of ranks’ in subsection (c)(1) of that section, shall apply to 
career appointees of the Senior Executive Service who are 
appointed to the position of Inspector General. 
‘‘(2) NONREDUCTION IN PAY.—Notwithstanding any other 
provision of law, career Federal employees serving on an 
appointment made pursuant to statutory authority found other 
than in section 3392 of this title shall not suffer a reduction 
in pay, not including any bonus or performance award, as 
a result of being appointed to the position of Inspector General. 
‘‘§ 424. Establishment of the Council of the Inspectors Gen-
eral on Integrity and Efficiency 
‘‘(a) ESTABLISHMENT AND MISSION.— 
‘‘(1) ESTABLISHMENT.—There is established as an inde-
pendent entity within the executive branch the Council of the 
Inspectors General on Integrity and Efficiency (in this section 
referred to as the ‘Council’). 
‘‘(2) MISSION.—The mission of the Council shall be to— 
‘‘(A) address integrity, economy, and effectiveness 
issues that transcend individual Government agencies; and 
‘‘(B) increase the professionalism and effectiveness of 
personnel by developing policies, standards, and approaches 
to aid in the establishment of a well-trained and highly 
skilled workforce in the offices of the Inspectors General. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Council shall consist of the following 
members: 
‘‘(A) All Inspectors General whose offices are estab-
lished under— 
‘‘(i) section 402 of this title; or 
‘‘(ii) section 415 of this title. 
‘‘(B) The Inspectors General of the Intelligence Commu-
nity and the Central Intelligence Agency. 
‘‘(C) The Controller of the Office of Federal Financial 
Management. 
‘‘(D) A senior level official of the Federal Bureau of 
Investigation designated by the Director of the Federal 
Bureau of Investigation. 
‘‘(E) The Director of the Office of Government Ethics. 
‘‘(F) The Special Counsel of the Office of Special 
Counsel. 
‘‘(G) The Deputy Director of the Office of Personnel 
Management. 
‘‘(H) The Deputy Director for Management of the Office 
of Management and Budget. 
‘‘(I) The Inspectors General of the Library of Congress, 
Capitol Police, Government Publishing Office, Government 
Accountability Office, and the Architect of the Capitol. 
‘‘(2) CHAIRPERSON AND EXECUTIVE CHAIRPERSON.—
H. R. 5961—62 
‘‘(A) EXECUTIVE CHAIRPERSON.—The Deputy Director 
for Management of the Office of Management and Budget 
shall be the Executive Chairperson of the Council. 
‘‘(B) CHAIRPERSON.—The Council shall elect 1 of the 
Inspectors General referred to in paragraph (1)(A) or (B) 
to act as Chairperson of the Council. The term of office 
of the Chairperson shall be 2 years. 
‘‘(3) FUNCTIONS
OF
CHAIRPERSON
AND
EXECUTIVE
CHAIR-
PERSON.— 
‘‘(A) EXECUTIVE CHAIRPERSON.—The Executive Chair-
person shall— 
‘‘(i) preside over meetings of the Council; 
‘‘(ii) provide to the heads of agencies and entities 
represented on the Council summary reports of the 
activities of the Council; and 
‘‘(iii) provide to the Council such information 
relating to the agencies and entities represented on 
the Council as assists the Council in performing its 
functions. 
‘‘(B) CHAIRPERSON.—The Chairperson shall— 
‘‘(i) convene meetings of the Council— 
‘‘(I) at least 6 times each year; 
‘‘(II) monthly to the extent possible; and 
‘‘(III) more frequently at the discretion of the 
Chairperson; 
‘‘(ii) carry out the functions and duties of the 
Council under subsection (c); 
‘‘(iii) appoint a Vice Chairperson to assist in car-
rying out the functions of the Council and act in the 
absence of the Chairperson, from a category of Inspec-
tors General described in subparagraph (A)(i), (A)(ii), 
or (B) of paragraph (1), other than the category from 
which the Chairperson was elected; 
‘‘(iv) make such payments from funds otherwise 
available to the Council as may be necessary to carry 
out the functions of the Council; 
‘‘(v) select, appoint, and employ personnel as 
needed to carry out the functions of the Council subject 
to the provisions of this title governing appointments 
in the competitive service, and the provisions of chapter 
51 and subchapter III of chapter 53 of this title, 
relating to classification and General Schedule pay 
rates; 
‘‘(vi) to the extent and in such amounts as may 
be provided in advance by appropriations Acts, made 
available from the revolving fund established under 
subsection (c)(3)(B), or as otherwise provided by law, 
enter into contracts and other arrangements with 
public agencies and private persons to carry out the 
functions and duties of the Council; 
‘‘(vii) establish, in consultation with the members 
of the Council, such committees as determined by the 
Chairperson to be necessary and appropriate for the 
efficient conduct of Council functions; and 
‘‘(viii) prepare and transmit an annual report on 
behalf of the Council on the activities of the Council 
to—
H. R. 5961—63 
‘‘(I) the President; 
‘‘(II) the appropriate committees of jurisdiction 
of the Senate and the House of Representatives; 
‘‘(III) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
‘‘(IV) the Committee on Oversight and Reform 
of the House of Representatives. 
‘‘(c) FUNCTIONS AND DUTIES OF COUNCIL.— 
‘‘(1) IN GENERAL.—The Council shall— 
‘‘(A) continually identify, review, and discuss areas of 
weakness and vulnerability in Federal programs and oper-
ations with respect to fraud, waste, and abuse; 
‘‘(B) develop plans for coordinated, Governmentwide 
activities that address these problems and promote 
economy and efficiency in Federal programs and operations, 
including interagency and interentity audit, investigation, 
inspection, and evaluation programs and projects to deal 
efficiently and effectively with those problems concerning 
fraud and waste that exceed the capability or jurisdiction 
of an individual agency or entity; 
‘‘(C) develop policies that will aid in the maintenance 
of a corps of well-trained and highly skilled Office of 
Inspector General personnel; 
‘‘(D) maintain an Internet website and other electronic 
systems for the benefit of all Inspectors General, as the 
Council determines are necessary or desirable; 
‘‘(E) maintain 1 or more academies as the Council 
considers desirable for the professional training of auditors, 
investigators, inspectors, evaluators, and other personnel 
of the various offices of Inspector General; 
‘‘(F) submit recommendations of individuals to the 
appropriate appointing authority for any appointment to 
an office of Inspector General described under subsection 
(b)(1)(A) or (B); 
‘‘(G) make such reports to Congress as the Chairperson 
determines are necessary or appropriate; 
‘‘(H) except for matters coordinated among Inspectors 
General under section 103H of the National Security Act 
of 1947 (50 U.S.C. 3033), receive, review, and mediate 
any disputes submitted in writing to the Council by an 
Office of Inspector General regarding an audit, investiga-
tion, inspection, evaluation, or project that involves the 
jurisdiction of more than one Office of Inspector General; 
and 
‘‘(I) perform other duties within the authority and juris-
diction of the Council, as appropriate. 
‘‘(2) ADHERENCE AND PARTICIPATION BY MEMBERS.—To the 
extent permitted under law, and to the extent not inconsistent 
with standards established by the Comptroller General of the 
United States for audits of Federal establishments, organiza-
tions, programs, activities, and functions, each member of the 
Council, as appropriate, shall— 
‘‘(A) adhere to professional standards developed by the 
Council; and 
‘‘(B) participate in the plans, programs, and projects 
of the Council, except that in the case of a member 
described under subsection (b)(1)(I), the member shall
H. R. 5961—64 
participate only to the extent requested by the member 
and approved by the Executive Chairperson and Chair-
person. 
‘‘(3) ADDITIONAL ADMINISTRATIVE AUTHORITIES.— 
‘‘(A) INTERAGENCY FUNDING.—Notwithstanding section 
1532 of title 31, or any other provision of law prohibiting 
the interagency funding of activities described under sub-
clause (I), (II), or (III) of clause (i), in the performance 
of the responsibilities, authorities, and duties of the 
Council— 
‘‘(i) the Executive Chairperson may authorize the 
use of interagency funding for— 
‘‘(I) Governmentwide training of employees of 
the Offices of the Inspectors General; 
‘‘(II) the functions of the Integrity Committee 
of the Council; and 
‘‘(III) any other authorized purpose determined 
by the Council; and 
‘‘(ii) upon the authorization of the Executive Chair-
person, any Federal agency or designated Federal 
entity (as defined in section 415(a) of this title) which 
has a member on the Council shall fund or participate 
in the funding of such activities. 
‘‘(B) REVOLVING FUND.— 
‘‘(i) IN GENERAL.—The Council may— 
‘‘(I) establish in the Treasury of the United 
States a revolving fund to be called the Inspectors 
General Council Fund; or 
‘‘(II) enter into an arrangement with a depart-
ment or agency to use an existing revolving fund. 
‘‘(ii) AMOUNTS IN REVOLVING FUND.— 
‘‘(I) IN GENERAL.—Amounts transferred to the 
Council under this subsection shall be deposited 
in the revolving fund described under clause (i)(I) 
or (II). 
‘‘(II) TRAINING.—Any remaining unexpended 
balances appropriated for or otherwise available 
to the Inspectors General Criminal Investigator 
Academy and the Inspectors General Auditor 
Training Institute shall be transferred to the 
revolving fund described under clause (i)(I) or (II). 
‘‘(iii) USE OF REVOLVING FUND.— 
‘‘(I) IN GENERAL.—Except as provided under 
subclause (II), amounts in the revolving fund 
described under clause (i)(I) or (II) may be used 
to carry out the functions and duties of the Council 
under this subsection. 
‘‘(II) TRAINING.—Amounts transferred into the 
revolving fund described under clause (i)(I) or (II) 
may be used for the purpose of maintaining any 
training academy as determined by the Council. 
‘‘(iv) AVAILABILITY
OF
FUNDS.—Amounts in the 
revolving fund described under clause (i)(I) or (II) shall 
remain available to the Council without fiscal year 
limitation. 
‘‘(C) SUPERSEDING
PROVISIONS.—No provision of law 
enacted after October 14, 2008, shall be construed to limit
H. R. 5961—65 
or supersede any authority under subparagraph (A) or 
(B), unless such provision makes specific reference to the 
authority in that subparagraph. 
‘‘(4) EXISTING
AUTHORITIES
AND
RESPONSIBILITIES.—The 
establishment and operation of the Council shall not affect— 
‘‘(A) the role of the Department of Justice in law 
enforcement and litigation; 
‘‘(B) the authority or responsibilities of any Govern-
ment agency or entity; and 
‘‘(C) the authority or responsibilities of individual mem-
bers of the Council. 
‘‘(5) ADDITIONAL RESPONSIBILITIES RELATING TO WHISTLE-
BLOWER PROTECTION.—The Council shall— 
‘‘(A) facilitate the work of the Whistleblower Protection 
Coordinators designated under section 403(d)(1)(C) of this 
title; and 
‘‘(B) in consultation with the Office of Special Counsel 
and Whistleblower Protection Coordinators from the 
member offices of the Inspector General, develop best prac-
tices for coordination and communication in promoting the 
timely and appropriate handling and consideration of pro-
tected disclosures, allegations of reprisal, and general mat-
ters regarding the implementation and administration of 
whistleblower protection laws, in accordance with Federal 
law. 
‘‘(d) INTEGRITY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—The Council shall have an Integrity 
Committee, which shall receive, review, and refer for investiga-
tion allegations of wrongdoing that are made against Inspectors 
General and staff members of the various Offices of Inspector 
General described under paragraph (4)(C). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN GENERAL.—The Integrity Committee shall con-
sist of the following members: 
‘‘(i) The official of the Federal Bureau of Investiga-
tion serving on the Council. 
‘‘(ii) Four Inspectors General described in subpara-
graph (A) or (B) of subsection (b)(1) appointed by the 
Chairperson 
of 
the 
Council, 
representing 
both 
establishments and designated Federal entities (as that 
term is defined in section 415(a) of this title). 
‘‘(iii) The Director of the Office of Government 
Ethics or the designee of the Director. 
‘‘(B) CHAIRPERSON.— 
‘‘(i) IN GENERAL.—The Integrity Committee shall 
elect one of the Inspectors General referred to in 
subparagraph (A)(ii) to act as Chairperson of the Integ-
rity Committee. 
‘‘(ii) TERM.—The term of office of the Chairperson 
of the Integrity Committee shall be 2 years. 
‘‘(3) LEGAL
ADVISOR.—The Chief of the Public Integrity 
Section of the Criminal Division of the Department of Justice, 
or the Chief’s designee, shall serve as a legal advisor to the 
Integrity Committee. 
‘‘(4) REFERRAL OF ALLEGATIONS.—
H. R. 5961—66 
‘‘(A) DEFINITION OF STAFF MEMBER.—In this paragraph, 
the term ‘staff member’ means any employee of an Office 
of Inspector General who— 
‘‘(i) reports directly to an Inspector General; or 
‘‘(ii) is designated by an Inspector General under 
subparagraph (C). 
‘‘(B) REQUIREMENT.—An Inspector General shall refer 
to the Integrity Committee any allegation of wrongdoing 
against a staff member of the office of that Inspector Gen-
eral, if— 
‘‘(i) review of the substance of the allegation cannot 
be assigned to an agency of the executive branch with 
appropriate jurisdiction over the matter; and 
‘‘(ii) the Inspector General determines that— 
‘‘(I) an objective internal investigation of the 
allegation is not feasible; or 
‘‘(II) an internal investigation of the allegation 
may appear not to be objective. 
‘‘(C) DESIGNATION OF STAFF MEMBERS.—Each Inspector 
General shall annually submit to the Chairperson of the 
Integrity Committee a designation of positions whose 
holders are staff members for purposes of subparagraph 
(A). 
‘‘(5) REVIEW OF ALLEGATIONS.— 
‘‘(A) IN
GENERAL.—Not later than 7 days after the 
date on which the Integrity Committee receives an allega-
tion of wrongdoing against an Inspector General or against 
a staff member of an Office of Inspector General described 
under paragraph (4)(C), the allegation of wrongdoing shall 
be reviewed and referred to the Department of Justice 
or the Office of Special Counsel for investigation, or to 
the Integrity Committee for review, as appropriate, by— 
‘‘(i) a representative of the Department of Justice, 
as designated by the Attorney General; 
‘‘(ii) a representative of the Office of Special 
Counsel, as designated by the Special Counsel; and 
‘‘(iii) a representative of the Integrity Committee, 
as designated by the Chairperson of the Integrity Com-
mittee. 
‘‘(B) REFERRAL TO THE CHAIRPERSON.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), not later than 30 days after the date on which 
an allegation of wrongdoing is referred to the Integrity 
Committee under subparagraph (A), the Integrity Com-
mittee shall determine whether to refer the allegation 
of wrongdoing to the Chairperson of the Integrity Com-
mittee to initiate an investigation. 
‘‘(ii) EXTENSION.—The 30-day period described in 
clause (i) may be extended for an additional period 
of 30 days if the Integrity Committee provides written 
notice to the congressional committees described in 
paragraph (8)(A)(iii) that includes a detailed, case-spe-
cific description of why the additional time is needed 
to evaluate the allegation of wrongdoing. 
‘‘(6) AUTHORITY TO INVESTIGATE ALLEGATIONS.— 
‘‘(A) REQUIREMENT.—The Chairperson of the Integrity 
Committee shall cause a thorough and timely investigation
H. R. 5961—67 
of each allegation referred under paragraph (5)(B) to be 
conducted in accordance with this paragraph. 
‘‘(B) RESOURCES.—At the request of the Chairperson 
of the Integrity Committee, the head of each agency or 
entity represented on the Council— 
‘‘(i) shall provide assistance necessary to the Integ-
rity Committee; and 
‘‘(ii) may detail employees from that agency or 
entity to the Integrity Committee, subject to the control 
and direction of the Chairperson, to conduct an inves-
tigation under this subsection. 
‘‘(7) PROCEDURES FOR INVESTIGATIONS.— 
‘‘(A) STANDARDS APPLICABLE.—Investigations initiated 
under this subsection shall be conducted in accordance 
with the most current Quality Standards for Investigations 
issued by the Council or by its predecessors (the President’s 
Council on Integrity and Efficiency and the Executive 
Council on Integrity and Efficiency). 
‘‘(B) ADDITIONAL POLICIES AND PROCEDURES.— 
‘‘(i) ESTABLISHMENT.—The Integrity Committee, in 
conjunction with the Chairperson of the Council, shall 
establish additional policies and procedures necessary 
to ensure fairness and consistency in— 
‘‘(I) determining whether to initiate an inves-
tigation; 
‘‘(II) conducting investigations; 
‘‘(III) reporting the results of an investigation; 
‘‘(IV) providing the person who is the subject 
of an investigation with an opportunity to respond 
to any Integrity Committee report; 
‘‘(V) except as provided in clause (ii), ensuring, 
to the extent possible, that investigations are con-
ducted by Offices of Inspector General of similar 
size; 
‘‘(VI) creating a process for rotation of Inspec-
tors General assigned to investigate allegations 
through the Integrity Committee; and 
‘‘(VII) creating procedures to avoid conflicts 
of interest for Integrity Committee investigations. 
‘‘(ii) EXCEPTION.—The requirement under clause 
(i)(V) shall not apply to any Office of Inspector General 
with less than 50 employees who are authorized to 
conduct audits or investigations. 
‘‘(iii) SUBMISSION TO CONGRESS.—The Council shall 
submit a copy of the policies and procedures estab-
lished under clause (i) to the congressional committees 
of jurisdiction. 
‘‘(C) COMPLETION OF INVESTIGATION.—If an allegation 
of wrongdoing is referred to the Chairperson of the Integ-
rity Committee under paragraph (5)(B), the Chairperson 
of the Integrity Committee— 
‘‘(i) shall complete the investigation not later than 
150 days after the date on which the Integrity Com-
mittee made the referral; and 
‘‘(ii) if the investigation cannot be completed within 
the 150-day period described in clause (i), shall—