H. R. 7776—305 
‘‘(i) in the case of determinations by the Secretary 
under paragraph (1)(A), in an amount aggregating not more 
than $200,000,000 during any fiscal year; 
‘‘(ii) in the case of determinations by the Secretary 
under paragraph (1)(B), in an amount aggregating not more 
than $200,000,000 during any fiscal year; 
‘‘(iii) in the case of determinations by the Secretary 
under paragraph (1)(C), in an amount aggregating not more 
than $200,000,000 during any fiscal year; and 
‘‘(iv) in the case of a determination by the Secretary 
that funds are necessary to immediately initiate a project 
under a section 804 rapid acquisition pathway, in an 
amount aggregating not more than $50,000,000 during any 
fiscal year. 
‘‘(C) In exercising the authority under this section— 
‘‘(i) none of the amounts appropriated for Operation 
and Maintenance may be used to carry out this section 
except for amounts appropriated for— 
‘‘(I) Operation and Maintenance, Defense-wide; 
‘‘(II) Operation and Maintenance, Army; 
‘‘(III) Operation and Maintenance, Navy; 
‘‘(IV) Operation and Maintenance, Marine Corps; 
‘‘(V) Operation and Maintenance, Air Force; or 
‘‘(VI) Operation and Maintenance, Space Force; 
and 
‘‘(ii) when funds are utilized for sustainment purposes, 
this authority may not be used for more than 2 years. 
‘‘(4) NOTIFICATION
TO
CONGRESSIONAL
DEFENSE
COMMIT-
TEES.—(A) In the case of a determination by the Secretary 
of Defense under subparagraph (A) or (C) of paragraph (1), 
the Secretary shall notify the congressional defense committees 
of the determination within 15 days after the date of the 
determination. 
‘‘(B) In the case of a determination by the Secretary under 
paragraph (1)(B), the Secretary shall notify the congressional 
defense committees of the determination at least 10 days before 
the date on which the determination is effective. 
‘‘(C) In the case of a determination by the Secretary under 
paragraph (3)(A) that funds are necessary to immediately ini-
tiate a project under a section 804 rapid acquisition pathway, 
the Secretary shall notify the congressional defense committees 
of the determination within 10 days after the date of the 
use of such funds. 
‘‘(D) A notice under this paragraph shall include the fol-
lowing: 
‘‘(i) Identification of the capability to be acquired. 
‘‘(ii) The amount anticipated to be expended for the 
acquisition. 
‘‘(iii) The source of funds for the acquisition. 
‘‘(E) A notice under this paragraph shall fulfill any require-
ment to provide notification to Congress for a program (referred 
to as a ‘new start program’) that has not previously been 
specifically authorized by law or for which funds have not 
previously been appropriated. 
‘‘(F) A notice under this paragraph shall be provided in 
consultation with the Director of the Office of Management 
and Budget.
H. R. 7776—306 
‘‘(5) LIMITATION
ON
OFFICERS
WITH
AUTHORITY.—The 
authority to make determinations under subparagraph (A), (B), 
or (C) of paragraph (1) and under paragraph (3)(A) that funds 
are necessary to immediately initiate a project under a section 
804 rapid acquisition pathway, to designate a senior official 
responsible under paragraph (3), and to provide notification 
to the congressional defense committees under paragraph (4) 
may be exercised only by the Secretary of Defense or the 
Deputy Secretary of Defense. 
‘‘(d) AUTHORITY TO WAIVE CERTAIN LAWS AND REGULATIONS.— 
‘‘(1) AUTHORITY.—Following a determination described in 
subsection (c)(1), the senior official designated in accordance 
with subsection (c)(2), with respect to that designation, may 
waive any provision of law or regulation addressing— 
‘‘(A) the establishment of a requirement or specification 
for the capability to be acquired; 
‘‘(B) the research, development, test, and evaluation 
of the capability to be acquired; 
‘‘(C) the production, fielding, and sustainment of the 
capability to be acquired; or 
‘‘(D) the solicitation, selection of sources, and award 
of the contracts for procurement of the capability to be 
acquired. 
‘‘(2) LIMITATIONS.—Nothing in this subsection authorizes 
the waiver of— 
‘‘(A) the requirements of this section; 
‘‘(B) any provision of law imposing civil or criminal 
penalties; or 
‘‘(C) any provision of law governing the proper expendi-
ture of appropriated funds. 
‘‘(e) OPERATIONAL ASSESSMENTS.— 
‘‘(1) IN GENERAL.—The process prescribed under subsection 
(b)(2)(A) for demonstrating and evaluating for current oper-
ational purposes the performance of a capability proposed 
pursuant to subsection (b)(1)(B) shall include the following: 
‘‘(A) An operational assessment in accordance with 
procedures prescribed by the Director of Operational Test 
and Evaluation. 
‘‘(B) A requirement to provide information about any 
deficiency of the capability in meeting the original require-
ments for the capability (as stated in a statement of the 
urgent operational need or similar document) to the deploy-
ment decision-making authority. 
‘‘(2) LIMITATION.—The process prescribed under subsection 
(b)(2)(A) may not include a requirement for any deficiency 
of capability identified in the operational assessment to be 
the determining factor in deciding whether to deploy the capa-
bility. 
‘‘(3) DIRECTOR
OF
OPERATIONAL
TEST
AND
EVALUATION 
ACCESS.—If a capability is deployed under the procedures pre-
scribed pursuant to this section, or under any other authority, 
before operational test and evaluation of the capability is com-
pleted, the Director of Operational Test and Evaluation shall 
have access to operational records and data relevant to such 
capability in accordance with section 139(e)(3) of this title for 
the purpose of completing operational test and evaluation of 
the capability. Such access shall be provided in a time and
H. R. 7776—307 
manner determined by the Secretary of Defense consistent with 
requirements of operational security and other relevant oper-
ational requirements.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters at the begin-
ning of subtitle A, and at the beginning of part V of subtitle 
A, of title 10, United States Code, are each amended by striking 
the item relating to chapter 253 and inserting the following: 
‘‘253. Rapid Acquisition Procedures ..................................................................... 3601’’. 
(c) CONFORMING REPEALS.—The following provisions of law are 
repealed: 
(1) Section 804 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111–383; 
10 U.S.C. 3201 note prec.). 
(2) Section 806 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107–314; 
10 U.S.C. 3201 note prec.). 
(d) ADDITIONAL CONFORMING AMENDMENTS.— 
(1) Section 2216a(c) of title 10, United States Code, is 
amended by striking ‘‘section 804(b) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 
2302 note)’’ and inserting ‘‘Department of Defense Instruction 
5000.81 (or any successor instruction), dated December 31, 
2019, and titled ‘Urgent Capability Acquisition’ ’’. 
(2) Section 8074 of title VIII of the Department of Defense 
Appropriations Act, 2022 (division C of Public Law 117–103; 
136 Stat. 193) is amended by striking ‘‘under section 806(c)(4) 
of the Bob Stump National Defense Authorization Act for Fiscal 
Year 2003 (10 U.S.C. 2302 note)’’ and inserting ‘‘under section 
3601(c)(4) of title 10, United States Code,’’. 
(3) Section 851(f) of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fiscal Year 
2015 (Public Law 113–291; 10 U.S.C 3201 note prec.) is 
amended by striking ‘‘under section 806 of the Bob Stump 
National Defense Authorization Act for Fiscal Year 2003 (Public 
Law 107–314; 10 U.S.C. 2302 note)’’ and inserting ‘‘under sec-
tion 3601 of title 10, United States Code’’. 
(4) Section 231(c)(1)(A) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 
109–364; 10 U.S.C. 139 note) is amended by striking ‘‘section 
806 of the Bob Stump National Defense Authorization Act 
for Fiscal Year 2003 (10 U.S.C. 2302 note)’’ and inserting ‘‘sec-
tion 3601 of title 10, United States Code’’. 
SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECU-
TIVE ORDERS. 
(a) IN GENERAL.—Section 3862 of title 10, United States Code, 
is amended— 
(1) in the section heading, by striking ‘‘: certification’’; 
(2) by redesignating subsection (c) as subsection (d); 
(3) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECU-
TIVE ORDERS.—The unilateral insertion of a covered clause into 
an existing Department of Defense contract, order, or other trans-
action by a contracting officer shall be treated as a change directed 
by the contracting officer pursuant to, and subject to, the Changes
H. R. 7776—308 
clause of the underlying contract, order, or other transaction.’’; 
and 
(4) in subsection (d), as redesignated by paragraph (2)— 
(A) in the subsection heading, by striking ‘‘DEFINITION’’ 
and inserting ‘‘DEFINITIONS’’; 
(B) by striking ‘‘section, the term’’ and inserting the 
following: ‘‘section: 
‘‘(1) The term’’; and 
(C) by adding at the end the following new paragraphs: 
‘‘(2) The term ‘Changes clause’ means the clause described 
in part 52.243–4 of the Federal Acquisition Regulation or any 
successor regulation. 
‘‘(3) The term ‘covered clause’ means any clause imple-
menting the requirements of an Executive order issued by 
the President.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 281 of title 10, United States Code, is amended 
by striking the item relating to section 3862 and inserting the 
following: 
‘‘3862. Requests for equitable adjustment or other relief.’’. 
(c) CONFORMING REGULATIONS.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall revise the Department of Defense Supplement to the Federal 
Acquisition Regulation to implement the requirements of section 
3862 of title 10, United States Code, as amended by subsection 
(a). 
(d) CONFORMING POLICY GUIDANCE.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall revise applicable policy guidance on other transactions to 
implement the requirements of section 3862 of title 10, United 
States Code, as amended by subsection (a). 
SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUPPORT. 
(a) IN GENERAL.—Section 4324(b) of title 10, United States 
Code, is amended— 
(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), 
(7), and (8) as subparagraphs (A), (B), (C), (D), (E), (F), (G), 
and (J), respectively; 
(2) by designating the matter preceding subparagraph (A), 
as so redesignated, as paragraph (1); 
(3) in paragraph (1), as so designated— 
(A) in the matter preceding subparagraph (A), as so 
redesignated— 
(i) by inserting ‘‘IN
GENERAL.—’’ before ‘‘Before 
granting’’; and 
(ii) by inserting ‘‘for which the milestone decision 
authority has received views from appropriate mate-
riel, logistics, or fleet representatives’’ after ‘‘approved 
life cycle sustainment plan’’; 
(B) by amending subparagraph (G), as so redesignated, 
to read as follows: 
‘‘(G) an intellectual property management plan for 
product support, including requirements for technical data, 
software, and modular open system approaches (as defined 
in section 4401 of this title);’’; 
(C) by inserting after subparagraph (G), as so redesig-
nated, the following new subparagraphs:
H. R. 7776—309 
‘‘(H) an estimate of the number of personnel needed 
to operate and maintain the covered system, including 
military personnel, Federal employees, contractors, and 
host nation support personnel (as applicable); 
‘‘(I) a description of opportunities for foreign military 
sales; and’’; and 
(4) by adding at the end of paragraph (1), as so designated, 
the following new paragraph: 
‘‘(2) SUBSEQUENT
PHASES.—Before granting Milestone C 
approval (or the equivalent) for the covered system, the mile-
stone decision authority shall ensure that the life cycle 
sustainment plan required by paragraph (1) for such covered 
system has been updated to include views received by the 
milestone decision authority from appropriate materiel, logis-
tics, or fleet representatives.’’. 
(b) MILESTONE C APPROVAL DEFINED.—Section 4324(d) of title 
10, United States Code, is amended— 
(1) by redesignating paragraph (7) as paragraph (8); and 
(2) by inserting after paragraph (6) the following new para-
graph: 
‘‘(7) MILESTONE
C
APPROVAL.—The term ‘Milestone C 
approval’ has the meaning given that term in section 4172(e)(8) 
of this title.’’. 
SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PROTECTIONS 
FROM REPRISAL FOR DISCLOSURE OF CERTAIN INFORMA-
TION. 
(a) DEFENSE CONTRACTS.—Section 4701 of title 10, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(G), by striking ‘‘or subcontractor’’ 
and inserting ‘‘, subcontractor, grantee, subgrantee, or per-
sonal services contractor’’; and 
(B) in paragraph (3)(A), by striking ‘‘or subcontractor’’ 
and inserting ‘‘, subcontractor, grantee, subgrantee, or per-
sonal services contractor’’; 
(2) in subsection (b)(1), by striking ‘‘contractor concerned’’ 
and inserting ‘‘contractor, subcontractor, grantee, subgrantee, 
or personal services contractor concerned’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘contractor concerned’’ and inserting ‘‘con-
tractor, subcontractor, grantee, subgrantee, or personal 
services contractor concerned’’; 
(ii) in subparagraph (A), by inserting ‘‘, subcon-
tractor, grantee, subgrantee, or personal services con-
tractor’’ after ‘‘contractor’’; 
(iii) in subparagraph (B), by inserting ‘‘, subcon-
tractor, grantee, subgrantee, or personal services con-
tractor’’ after ‘‘contractor’’; 
(iv) in subparagraph (C), by inserting ‘‘, subcon-
tractor, grantee, subgrantee, or personal services con-
tractor’’ after ‘‘contractor’’; and 
(v) by inserting at the end the following new 
subparagraph:
H. R. 7776—310 
‘‘(D) Consider disciplinary or corrective action against 
any official of the Department of Defense.’’; and 
(B) in paragraph (2), by inserting ‘‘, subcontractor, 
grantee, subgrantee, or personal services contractor’’ after 
‘‘contractor’’; 
(4) in subsection (d), by striking ‘‘and subcontractors’’ and 
inserting ‘‘, subcontractors, grantees, subgrantees, or personal 
services contractors’’; 
(5) in subsection (e)(2)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘or grantee of’’ and inserting ‘‘grantee, subgrantee, 
or personal services contractor of’’; and 
(B) in subparagraph (B), by striking ‘‘or grantee’’ and 
inserting ‘‘grantee, or subgrantee’’; and 
(6) in subsection (g)(5), by inserting ‘‘or grants’’ after ‘‘con-
tracts’’. 
(b) CIVILIAN CONTRACTS.—Section 4712 of title 41, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘or subgrantee’’ and 
inserting ‘‘subgrantee,’’; 
(B) in paragraph (2), by striking ‘‘or subgrantee’’ and 
inserting ‘‘subgrantee, or personal services contractor’’; and 
(C) in paragraph (3), by striking ‘‘or subgrantee’’ and 
inserting ‘‘subgrantee, or personal services contractor’’; 
(2) in subsection (b)(1), by striking ‘‘or subgrantee con-
cerned’’ and inserting ‘‘subgrantee, or personal services con-
tractor concerned’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘or subgrantee concerned’’ and inserting ‘‘sub-
grantee, or personal services contractor concerned’’; 
(ii) in subparagraph (A), by striking ‘‘or sub-
grantee’’ and inserting ‘‘subgrantee, or personal serv-
ices contractor’’; 
(iii) in subparagraph (B), by striking ‘‘or sub-
grantee’’ and inserting ‘‘subgrantee, or personal serv-
ices contractor’’; 
(iv) in subparagraph (C), by striking ‘‘or sub-
grantee’’ and inserting ‘‘subgrantee, or personal serv-
ices contractor’’; and 
(v) by inserting at the end the following new 
subparagraph: 
‘‘(D) Consider disciplinary or corrective action against any 
official of the executive agency, if appropriate.’’; and 
(B) in paragraph (2), by striking ‘‘or subgrantee’’ and 
inserting ‘‘subgrantee, or personal services contractor’’; 
(4) in subsection (d), by striking ‘‘and subgrantees’’ and 
inserting ‘‘subgrantees, and personal services contractors’’; and 
(5) in subsection (f), by striking ‘‘or subgrantee’’ each place 
it appears and inserting ‘‘subgrantee, or personal services con-
tractor’’.
H. R. 7776—830 
to section 121(b)(4) of the Emergency Economic Sta-
bilization Act of 2008 (12 U.S.C. 5231(b)(4)); and 
‘‘(III) in the case of the Special Inspector General 
for 
Pandemic 
Recovery, 
a 
reference 
to 
section 
4018(b)(3) of the CARES Act (15 U.S.C. 9053(b)(3)).’’; 
(2) in section 8G(e)— 
(A) in paragraph (1), by inserting ‘‘or placement on 
non-duty status’’ after ‘‘a removal’’; 
(B) in paragraph (2)— 
(i) by inserting ‘‘(A)’’ after ‘‘(2)’’; 
(ii) in subparagraph (A), as so designated, in the 
first sentence— 
(I) by striking ‘‘reasons’’ and inserting the fol-
lowing: ‘‘substantive rationale, including detailed 
and case-specific reasons,’’; and 
(II) by inserting ‘‘(including to the appropriate 
congressional committees)’’ after ‘‘Houses of Con-
gress’’; and 
(iii) by adding at the end the following: 
‘‘(B) If there is an open or completed inquiry into 
an Inspector General that relates to the removal or transfer 
of the Inspector General under subparagraph (A), the writ-
ten communication required under that subparagraph 
shall— 
‘‘(i) identify each entity that is conducting, or that 
conducted, the inquiry; and 
‘‘(ii) in the case of a completed inquiry, contain 
the findings made during the inquiry.’’; and 
(C) by adding at the end the following: 
‘‘(3)(A) Subject to the other provisions of this paragraph, 
only the head of the applicable designated Federal entity 
(referred to in this paragraph as the ‘covered official’) may 
place an Inspector General on non-duty status. 
‘‘(B) If a covered official places an Inspector General on 
non-duty status, the covered official shall communicate in 
writing the substantive rationale, including detailed and case- 
specific reasons, for the change in status to both Houses of 
Congress (including to the appropriate congressional commit-
tees) not later than 15 days before the date on which the 
change in status takes effect, except that the covered official 
may submit that communication not later than the date on 
which the change in status takes effect if— 
‘‘(i) the covered official has made a determination that 
the continued presence of the Inspector General in the 
workplace poses a threat described in any of clauses (i) 
through (iv) of section 6329b(b)(2)(A) of title 5, United 
States Code; and 
‘‘(ii) in the communication, the covered official includes 
a report on the determination described in clause (i), which 
shall include— 
‘‘(I) a specification of which clause of section 
6329b(b)(2)(A) of title 5, United States Code, the cov-
ered official has determined applies under clause (i) 
of this subparagraph; 
‘‘(II) the substantive rationale, including detailed 
and case-specific reasons, for the determination made 
under clause (i);
H. R. 7776—836 
‘‘(B) If the Inspector General dies, resigns, or is otherwise 
unable to perform the functions and duties of the position— 
‘‘(i) section 3345(a) of title 5, United States Code, and 
section 103(e) of the National Security Act of 1947 (50 
U.S.C. 3025(e)) shall not apply; 
‘‘(ii) subject to subparagraph (D), the first assistant 
to the position of Inspector General shall perform the func-
tions and duties of the Inspector General temporarily in 
an acting capacity subject to the time limitations of section 
3346 of title 5, United States Code; and 
‘‘(iii) notwithstanding clause (ii), and subject to sub-
paragraphs (D) and (E), the President (and only the Presi-
dent) may direct an officer or employee of any Office of 
an Inspector General to perform the functions and duties 
of the Inspector General temporarily in an acting capacity 
subject to the time limitations of section 3346 of title 5, 
United States Code, only if— 
‘‘(I) during the 365-day period preceding the date 
of death, resignation, or beginning of inability to serve 
of the Inspector General, the officer or employee served 
in a position in an Office of an Inspector General 
for not less than 90 days, except that— 
‘‘(aa) the requirement under this subclause 
shall not apply if the officer is an Inspector Gen-
eral; and 
‘‘(bb) for the purposes of this clause, per-
forming the functions and duties of an Inspector 
General temporarily in an acting capacity does 
not qualify as service in a position in an Office 
of an Inspector General; 
‘‘(II) the rate of pay for the position of the officer 
or employee described in subclause (I) is equal to or 
greater than the minimum rate of pay payable for 
a position at GS–15 of the General Schedule; 
‘‘(III) the officer or employee has demonstrated 
ability in accounting, auditing, financial analysis, law, 
management analysis, public administration, or inves-
tigations; and 
‘‘(IV) not later than 30 days before the date on 
which the direction takes effect, the President commu-
nicates in writing to the congressional intelligence 
committees the substantive rationale, including the 
detailed and case-specific reasons, for such direction, 
including the reason for the direction that someone 
other than the individual who is performing the func-
tions and duties of the Inspector General temporarily 
in an acting capacity (as of the date on which the 
President issues that direction) perform those functions 
and duties temporarily in an acting capacity. 
‘‘(C) Notwithstanding section 3345(a) of title 5, United 
States Code, section 103(e) of the National Security Act of 
1947 (50 U.S.C. 3025(e)), and clauses (ii) and (iii) of subpara-
graph (B), and subject to subparagraph (D), during any period 
in which the Inspector General is on nonduty status— 
‘‘(i) the first assistant to the position of Inspector Gen-
eral shall perform the functions and duties of the position
H. R. 7776—837 
temporarily in an acting capacity subject to the time limita-
tions of section 3346 of title 5, United States Code; and 
‘‘(ii) if the first assistant described in clause (i) dies, 
resigns, or becomes otherwise unable to perform those func-
tions and duties, the President (and only the President) 
may direct an officer or employee in the Office of Inspector 
General to perform those functions and duties temporarily 
in an acting capacity, subject to the time limitations of 
section 3346 of title 5, United States Code, if— 
‘‘(I) that direction satisfies the requirements under 
subclauses (II), (III), and (IV) of subparagraph (B)(iii); 
and 
‘‘(II) that officer or employee served in a position 
in that Office of Inspector General for not fewer than 
90 of the 365 days preceding the date on which the 
President makes that direction. 
‘‘(D) An individual may perform the functions and duties 
of the Inspector General temporarily and in an acting capacity 
under clause (ii) or (iii) of subparagraph (B), or under subpara-
graph (C), with respect to only 1 Inspector General position 
at any given time. 
‘‘(E) If the President makes a direction under subparagraph 
(B)(iii), during the 30-day period preceding the date on which 
the direction of the President takes effect, the functions and 
duties of the position of the Inspector General shall be per-
formed by— 
‘‘(i) the first assistant to the position of Inspector Gen-
eral; or 
‘‘(ii) the individual performing those functions and 
duties temporarily in an acting capacity, as of the date 
on which the President issues that direction, if that indi-
vidual is an individual other than the first assistant to 
the position of Inspector General.’’. 
(c) AMENDMENT TO CENTRAL INTELLIGENCE AGENCY ACT.—Sec-
tion 17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
3517(b)), as amended by section 5202, is further amended by adding 
at the end the following: 
‘‘(8)(A) In this subsection, the term ‘first assistant to the 
position of Inspector General’ has the meaning given in section 
3 of the Inspector General Act of 1978 (5 U.S.C. App.). 
‘‘(B) If the Inspector General dies, resigns, or is otherwise 
unable to perform the functions and duties of the position— 
‘‘(i) section 3345(a) of title 5, United States Code shall 
not apply; 
‘‘(ii) subject to subparagraph (D), the first assistant 
to the position of Inspector General shall perform the func-
tions and duties of the Inspector General temporarily in 
an acting capacity subject to the time limitations of section 
3346 of title 5, United States Code; and 
‘‘(iii) notwithstanding clause (ii), and subject to sub-
paragraphs (D) and (E), the President (and only the Presi-
dent) may direct an officer or employee of any Office of 
an Inspector General to perform the functions and duties 
of the Inspector General temporarily in an acting capacity 
subject to the time limitations of section 3346 of title 5, 
United States Code, only if—
H. R. 7776—838 
‘‘(I) during the 365-day period preceding the date 
of death, resignation, or beginning of inability to serve 
of the Inspector General, the officer or employee served 
in a position in an Office of an Inspector General 
for not less than 90 days, except that— 
‘‘(aa) the requirement under this subclause 
shall not apply if the officer is an Inspector Gen-
eral; and 
‘‘(bb) for the purposes of this clause, per-
forming the functions and duties of an Inspector 
General temporarily in an acting capacity does 
not qualify as service in a position in an Office 
of an Inspector General; 
‘‘(II) the rate of pay for the position of the officer 
or employee described in subclause (I) is equal to or 
greater than the minimum rate of pay payable for 
a position at GS–15 of the General Schedule; 
‘‘(III) the officer or employee has demonstrated 
ability in accounting, auditing, financial analysis, law, 
management analysis, public administration, or inves-
tigations; and 
‘‘(IV) not later than 30 days before the date on 
which the direction takes effect, the President commu-
nicates in writing to the congressional intelligence 
committees the substantive rationale, including the 
detailed and case-specific reasons, for such direction, 
including the reason for the direction that someone 
other than the individual who is performing the func-
tions and duties of the Inspector General temporarily 
in an acting capacity (as of the date on which the 
President issues that direction) perform those functions 
and duties temporarily in an acting capacity. 
‘‘(C) Notwithstanding section 3345(a) of title 5, United 
States Code and clauses (ii) and (iii) of subparagraph (B), 
and subject to subparagraph (D), during any period in which 
the Inspector General is on nonduty status— 
‘‘(i) the first assistant to the position of Inspector Gen-
eral shall perform the functions and duties of the position 
temporarily in an acting capacity subject to the time limita-
tions of section 3346 of title 5, United States Code; and 
‘‘(ii) if the first assistant described in clause (i) dies, 
resigns, or becomes otherwise unable to perform those func-
tions and duties, the President (and only the President) 
may direct an officer or employee in the Office of Inspector 
General to perform those functions and duties temporarily 
in an acting capacity, subject to the time limitations of 
section 3346 of title 5, United States Code, if— 
‘‘(I) that direction satisfies the requirements under 
subclauses (II), (III), and (IV) of subparagraph (B)(iii); 
and 
‘‘(II) that officer or employee served in a position 
in that Office of Inspector General for not fewer than 
90 of the 365 days preceding the date on which the 
President makes that direction. 
‘‘(D) An individual may perform the functions and duties 
of the Inspector General temporarily and in an acting capacity
H. R. 7776—844 
‘‘(iv) whether the investigation is administrative, civil, 
criminal, or a combination thereof, if known; and 
‘‘(B) for any work not described in subparagraph (A)— 
‘‘(i) a description of the subject matter and scope; 
‘‘(ii) the relevant agency, including the relevant compo-
nent of that Federal agency, under review; 
‘‘(iii) the date on which the Office initiated the work; 
and 
‘‘(iv) the expected time frame for completion. 
‘‘(2) With respect to an inspector general of an element of 
the intelligence community specified in section 8G(d)(2) of the 
Inspector General Act of 1978 (5 U.S.C. App.), the submission 
required by paragraph (1) shall only be made to the committees 
of Congress specified in section 8G(d)(2)(E).’’. 
Subtitle E—Council of the Inspectors Gen-
eral on Integrity and Efficiency Report 
on Expenditures 
SEC. 5251. CIGIE REPORT ON EXPENDITURES. 
Section 11(c)(3) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following: 
‘‘(D) REPORT
ON
EXPENDITURES.—Not later than 
November 30 of each year, the Chairperson shall submit 
to the appropriate committees or subcommittees of Con-
gress, including the Committee on Appropriations of the 
Senate and the Committee on Appropriations of the House 
of Representatives, a report on the expenditures of the 
Council for the preceding fiscal year, including from direct 
appropriations to the Council, interagency funding pursu-
ant to subparagraph (A), a revolving fund pursuant to 
subparagraph (B), or any other source.’’. 
Subtitle F—Notice of Refusal to Provide 
Inspectors General Access 
SEC. 5261. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR ASSIST-
ANCE TO INSPECTORS GENERAL. 
Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following: 
‘‘(3) If the information or assistance that is the subject 
of a report under paragraph (2) is not provided to the Inspector 
General by the date that is 30 days after the report is made, 
the Inspector General shall submit a notice that the information 
or assistance requested has not been provided by the head 
of the establishment involved or the head of the Federal agency 
involved, as applicable, to the appropriate congressional 
committees.’’.