I 117th CONGRESS 1st Session H. R. 2662 IN THE HOUSE OF REPRESENTATIVES April 19, 2021 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Hoyer , Mr. Connolly , Mr. Lynch , Mr. Gomez , Ms. Porter , and Mr. Lieu ) introduced the following bill; which was referred to the Committee on Oversight and Reform , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Inspector General Act of 1978, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the IG Independence and Empowerment Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Inspector General Independence Sec. 101. Short title. Sec. 102. Amendment. Title II—Congressional Notification of Change in Status of Inspector General Sec. 201. Short title. Sec. 202. Change in status of Inspector General offices. Sec. 203. Presidential explanation of failure to nominate an Inspector General. Title III—Vacancy of Inspector General Positions Sec. 301. Vacancy of Inspector General positions. Title IV—Council of Inspectors General on Integrity and Efficiency Transparency Sec. 401. Short title. Sec. 402. Additional information to be included in requests and reports to Congress. Sec. 403. Availability of information to members of Congress regarding certain allegations of wrongdoing closed without referral. Sec. 404. Semiannual report. Sec. 405. Additional reports; rules of construction. Sec. 406. Membership of Integrity Committee. Sec. 407. Requirement to refer allegations of wrongdoing against Inspector General to Integrity Committee. Sec. 408. Requirement to report final disposition to Congress. Title V—Additional Authority Provisions for Inspectors General Sec. 501. Short title. Sec. 502. Additional authority provisions for Inspectors General. Title VI—Investigations of Department of Justice Personnel Sec. 601. Short title. Sec. 602. Investigations of Department of Justice personnel. Title VII—Office of Inspector General Whistleblower Complaints Sec. 701. Short title. Sec. 702. Office of Inspector General whistleblower complaints. Title VIII—Notice of Ongoing Investigations When There Is a Change in Status of Inspector General Sec. 801. Notice of ongoing investigations when there is a change in status of Inspector General. Title IX—Council of the Inspectors General on Integrity and Efficiency Appropriation Sec. 901. CIGIE appropriation. Title X—Notice of Refusal to Provide Inspectors General Access Sec. 1001. Notice of refusal to provide information or assistance to Inspectors General. Title XI—Budgetary Effects Sec. 1101. Determination of budgetary effects. I Inspector General Independence 101. Short title This title may be cited as the Inspector General Independence Act . 102. Amendment The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 3(b)— (A) by striking An Inspector General and inserting: (1) An Inspector General ; (B) by inserting after by the President the following: in accordance with paragraph (2) ; and (C) by inserting at the end the following new paragraph: (2) The President may remove an Inspector General only for any of the following grounds (and the documentation of any such ground shall be included in the communication required pursuant to paragraph (1)): (A) Documented permanent incapacity. (B) Documented neglect of duty. (C) Documented malfeasance. (D) Documented conviction of a felony or conduct involving moral turpitude. (E) Documented knowing violation of a law or regulation. (F) Documented gross mismanagement. (G) Documented gross waste of funds. (H) Documented abuse of authority. (I) Documented inefficiency. ; and (2) in section 8G(e)(2), by adding at the end the following: An Inspector General may be removed only for any of the following grounds (and the documentation of any such ground shall be included in the communication required pursuant to this paragraph): (A) Documented permanent incapacity. (B) Documented neglect of duty. (C) Documented malfeasance. (D) Documented conviction of a felony or conduct involving moral turpitude. (E) Documented knowing violation of a law or regulation. (F) Documented gross mismanagement. (G) Documented gross waste of funds. (H) Documented abuse of authority. (I) Documented inefficiency. . II Congressional Notification of Change in Status of Inspector General 201. Short title This title may be cited as the Inspector General Protection Act . 202. Change in status of Inspector General offices (a) Change in status of Inspector General of offices Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting , is placed on paid or unpaid non-duty status, after is removed from office ; (2) by inserting , change in status, after any such removal ; and (3) by inserting , change in status, after before the removal . (b) Change in status of Inspector General of designated Federal entities Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting , is placed on paid or unpaid non-duty status, after office ; (2) by inserting , change in status, after any such removal ; and (3) by inserting , change in status, after before the removal . (c) Effective date The amendments made by this section shall take effect 30 days after the date of the enactment of this Act. 203. Presidential explanation of failure to nominate an Inspector General (a) In general Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following new section: 3349e. Presidential explanation of failure to nominate an Inspector General If the President fails to make a formal nomination for a vacant Inspector General position that requires a formal nomination by the President to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period, to Congress in writing— (1) the reasons why the President has not yet made a formal nomination; and (2) a target date for making a formal nomination. . (b) Clerical amendment The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to 3349d the following new item: 3349e. Presidential explanation of failure to nominate an Inspector General. . (c) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any vacancy first occurring on or after that date. III Vacancy of Inspector General Positions 301. Vacancy of Inspector General positions (a) In general Section 3345 of title 5, United States Code, is amended by adding at the end the following: (d) (1) Notwithstanding subsection (a), if an Inspector General position that requires appointment by the President by and with the advice and consent of the Senate to be filled is vacant, the first assistant of such position shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346. (2) Notwithstanding subsection (a), if for purposes of carrying out paragraph (1) of this subsection, by reason of absence, disability, or vacancy, the first assistant to the position of Inspector General is not available to perform the functions and duties of the Inspector General, an acting Inspector General shall be appointed by the President from among individuals serving in an office of any Inspector General, provided that— (A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable Inspector General, the individual served in a position in an office of any Inspector General for not less than 90 days; and (B) the rate of pay for the position of such individual is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule. . (b) Application The amendment made by subsection (a) shall apply to any vacancy first occurring with respect to an Inspector General position on or after the date of enactment of this Act. IV Council of Inspectors General on Integrity and Efficiency Transparency 401. Short title This title may be cited as the Integrity Committee Transparency Act of 2021 . 402. Additional information to be included in requests and reports to Congress Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (5)(B)(ii), by striking the period at the end and inserting , the length of time the Integrity Committee has been evaluating the allegation of wrongdoing, and a description of any previous written notice provided under this clause with respect to the allegation of wrongdoing, including the description provided for why additional time was needed. ; and (2) in paragraph (8)(A)(ii), by inserting or corrective action after disciplinary action . 403. Availability of information to members of Congress regarding certain allegations of wrongdoing closed without referral (a) Availability of information to members of Congress Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (iii) Availability of information to members of Congress (I) In general With respect to an allegation of wrongdoing made by a member of Congress that is closed by the Integrity Committee without referral to the Chairperson of the Integrity Committee to initiate an investigation, the Chairperson of the Integrity Committee shall, not later than 60 days after closing such allegation, provide a written description of the nature of the allegation of wrongdoing and how the Integrity Committee evaluated the allegation of wrongdoing to— (aa) the Chair and Ranking Member of the Committee on Oversight and Reform of the House of Representatives; (bb) the Chair and Ranking Member of the Committee on Homeland Security and Governmental Affairs of the Senate; (cc) a member of the House of Representatives who has the support of any seven members of the Committee on Oversight and Reform of the House of Representatives; or (dd) a member of the Senate who has the support of any five members of the Committee on Homeland Security and Governmental Affairs of the Senate. (II) Requirement to forward The Chairperson of the Integrity Committee shall forward any written description or update provided under this clause to the members of the Integrity Committee and to the Chairperson of the Council. . 404. Semiannual report Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: (9) Semiannual report On or before May 31, 2022, and every six months thereafter, the Council shall submit to Congress and the President a report on the activities of the Integrity Committee during the immediately preceding six-month periods ending March 31 and September 30, which shall include the following with respect to allegations of wrongdoing that are made against Inspectors General and staff members of the various Offices of Inspector General described under paragraph (4)(C): (A) An overview and analysis of the allegations of wrongdoing disposed of by the Integrity Committee, including— (i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions; (ii) analysis of the categories or types of the allegations of wrongdoing; and (iii) a summary of disposition of all the allegations. (B) The number of allegations referred to the Department of Justice or the Office of Special Counsel, including the number of allegations referred for criminal investigation. (C) The number of allegations referred to the Chairperson of the Integrity Committee for investigation, a general description of the status of such investigations, and a summary of the findings of investigations completed. (D) An overview and analysis of allegations of wrongdoing received by the Integrity Committee during any previous reporting period, but remained pending during some part of the six months covered by the report, including— (i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions; (ii) analysis of the categories or types of the allegations of wrongdoing; and (iii) a summary of disposition of all the allegations. (E) The number and category or type of pending investigations. (F) For each allegation received— (i) the date on which the investigation was opened; (ii) the date on which the allegation was disposed of, as applicable; and (iii) the case number associated with the allegation. (G) The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without referral. (H) A brief description of any difficulty encountered by the Integrity Committee when receiving, evaluating, investigating, or referring for investigation an allegation received by the Integrity Committee, including a brief description of— (i) any attempt to prevent or hinder an investigation; or (ii) concerns about the integrity or operations at an Office of Inspector General. . 405. Additional reports; rules of construction Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (14) Additional reports (A) Report to Inspector General The Chairperson of the Integrity Committee shall submit a report immediately whenever the Chairperson of the Integrity Committee becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of such Office of Inspector General. The report shall be sent to the Inspector General who leads the Office of Inspector General at which the serious or flagrant problems, abuses, or deficiencies were alleged. (B) Report to Congress The Inspector General of the Office identified by the Integrity Committee shall submit any such report to the House Committee on Oversight and Reform and the Senate Committee on Homeland Security and Governmental Affairs within seven calendar days from the time the agency head receives the report together with a report by the Inspector General at the Office identified by the Integrity Committee containing any comments such Inspector General deems appropriate. (15) Rule of Construction (A) Public disclosure of information Except as provided in subparagraph (B), nothing in this subsection shall be construed to authorize the public disclosure of information which is— (i) prohibited from disclosure by any other provision of law; (ii) required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (iii) a part of an ongoing criminal investigation. (B) Provision of Report to Requesting Members of Congress Subject to any other provision of law that would otherwise prohibit disclosure of such information, the information described in subparagraph (A) may be provided to any Member of Congress upon request of the Member. (16) Prohibited disclosures The Integrity Committee may not provide or otherwise disclose to Congress or the public any information that reveals the personally identifiable information of an individual who alleges wrongdoing to the Integrity Committee under this subsection unless the Integrity Committee first obtains the consent of the individual. . 406. Membership of Integrity Committee Section 11(d)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subparagraph (A), by adding at the end the following: (iv) The individual appointed under subparagraph (C). ; and (2) by adding at the end the following: (C) Appointment of former Inspector General to Committee (i) Appointment The Chairperson of the Council shall appoint an individual who prior to the date of such appointment served as an Inspector General (as that position is described in section 3(a) and section 8G(a)(6)), and who has upheld the highest standards of integrity and professionalism while serving and since leaving service as an Inspector General, as determined by the Chairperson, to serve as a member of the Committee unless no such individual is available or willing to serve as a member of the Committee at the time of the appointment. (ii) Initial term The individual appointed under clause (i) shall serve at the pleasure of the Chairperson of the Council for a 2-year term. (iii) Additional term The Chairperson of the Council may reappoint the individual appointed under clause (i) to serve at the pleasure of the Chairperson of the Council for an additional term not to exceed 2 years. (iv) Compensation (I) Special government employee designation The individual appointed under clause (i) shall be considered a special government employee pursuant to section 202(a) of title 18, United States Code. (II) Compensation and travel expenses An individual appointed under clause (i) may not receive compensation at a rate in excess of the rate of basic pay for level IV of the executive schedule under section 5315 of title 5, United States Code, and any such individual, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per dime in lieu of subsistence, as authorized by section 5703 of such title for persons employed intermittently in the Government service. (III) Acceptance of volunteer services The Chairperson of the Council may accept volunteer services from the individual appointed under this subparagraph without regard to section 1342 of title 31, United States Code. (IV) Provisions relating to reemployment (aa) The Chairperson of the Council may reemploy annuitants. (bb) The employment of annuitants under this paragraph shall be subject to the provisions of section 9902(g) of title 5, United States Code, as if the Council was the Department of Defense. . 407. Requirement to refer allegations of wrongdoing against Inspector General to Integrity Committee (a) Requirement Section 11(d)(4) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subparagraph (A), in the heading, by striking Requirement and inserting Allegations against staff members ; (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (3) by inserting after subparagraph (A) the following: (B) Allegations against Inspectors General An Inspector General shall refer to the Integrity Committee any allegation of wrongdoing against that Inspector General. . (b) Technical and conforming amendment Section 11(d)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking (4)(C) and inserting (4)(D) . 408. Requirement to report final disposition to Congress Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting , the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and other congressional committees of jurisdiction, after Integrity Committee . V Additional Authority Provisions for Inspectors General 501. Short title This title may be cited as the IG Subpoena Authority Act . 502. Additional authority provisions for Inspectors General The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting after section 6 the following new section: 6A. Additional authority (a) Testimonial subpoena authority In addition to the authority otherwise provided by this Act and in accordance with the requirements of this section, each Inspector General, in carrying out the provisions of this Act (or in the case of an Inspector General or Special Inspector General not established under this Act, the provisions of the authorizing statute), is authorized to require by subpoena the attendance and testimony of witnesses as necessary in the performance of the functions assigned to the Inspector General by this Act (or in the case of an Inspector General or Special Inspector General not established under this Act, the functions assigned by the authorizing statute), which in the case of contumacy or refusal to obey, such subpoena shall be enforceable by order of any appropriate United States district court. An Inspector General may not require by subpoena the attendance and testimony of any current Federal employees, but may use other authorized procedures. (b) Nondelegation The authority to issue a subpoena under subsection (a) may not be delegated. (c) Panel review before issuance (1) Approval required (A) Request for approval by subpoena panel Before the issuance of a subpoena described in subsection (a), an Inspector General shall submit a request for approval to issue a subpoena to a panel (in this section, referred to as the Subpoena Panel ), which shall be comprised of three Inspectors General of the Council of the Inspectors General on Integrity and Efficiency, who shall be designated by the Inspector General serving as Chairperson of the Council. (B) Protection from disclosure The information contained in the request submitted by an Inspector General under subparagraph (A) and the identification of a witness shall be protected from disclosure to the extent permitted by law. Any request for disclosure of such information shall be submitted to the Inspector General requesting the subpoena. (2) Time to respond (A) In general Except as provided in subparagraph (B), the Subpoena Panel shall approve or deny a request for approval to issue a subpoena not later than 10 days after the submission of such request. (B) Additional information for panel If the Subpoena Panel determines that additional information is necessary to approve or deny such request, the Subpoena Panel shall request such information and shall approve or deny such request not later than 20 days after the submission of such request. (3) Denial by panel If a majority of the Subpoena Panel denies the approval of a subpoena, that subpoena may not be issued. (d) Notice to Attorney General (1) In general If the Subpoena Panel approves a subpoena under subsection (c), the Inspector General shall notify the Attorney General that the Inspector General intends to issue the subpoena. (2) Denial for interference with an ongoing investigation Not later than 10 days after the date on which the Attorney General is notified pursuant to paragraph (1), the Attorney General may object to the issuance of the subpoena because the subpoena will interfere with an ongoing investigation and the subpoena may not be issued. (3) Issuance of subpoena approved If the Attorney General does not object to the issuance of the subpoena during the 10-day period described in paragraph (2), the Inspector General may issue the subpoena. (e) Regulations The Chairperson of the Council of the Inspectors General on Integrity and Efficiency, in consultation with the Attorney General, shall prescribe regulations to carry out the purposes of this section. (f) Inspector general defined For purposes of this section, the term Inspector General includes each Inspector General established under this Act and each Inspector General or Special Inspector General not established under this Act. (g) Applicability The provisions of this section shall not affect the exercise of authority by an Inspector General of testimonial subpoena authority established under another provision of law. ; (2) in section 5(a)— (A) in paragraph (21)(B), by striking ; and and inserting a semicolon; (B) in paragraph (22), by striking the period at the end and inserting ; and ; and (C) by inserting at the end the following new paragraph: (23) a description of the use of subpoenas for the attendance and testimony of certain witnesses authorized under section 6A. ; and (3) in section 8G(g)(1), by inserting 6A, before and 7 . VI Investigations of Department of Justice Personnel 601. Short title This title may be cited as the Inspector General Access Act . 602. Investigations of Department of Justice personnel Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (b)— (A) in paragraph (2), by striking and paragraph (3) ; (B) by striking paragraph (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (D) in paragraph (4), as redesignated, by striking paragraph (4) and inserting paragraph (3) ; and (2) in subsection (d), by striking , except with respect to allegations described in subsection (b)(3), . VII Office of Inspector General Whistleblower Complaints 701. Short title This title may be cited as the Enhanced Whistleblower Engagement Act . 702. Office of Inspector General whistleblower complaints (a) Whistleblower protection coordinator Section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in clause (i), in the matter preceding subclause (I), by inserting , including employees of that Office of Inspector General after employees ; and (2) in clause (iii), by inserting (including the Integrity Committee of that Council) after and Efficiency . (b) Council of the inspectors general on integrity and efficiency Section 11(c)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking , allegations of reprisal, and inserting the following: and allegations of reprisal (including the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal that are internal to an Office of Inspector General) . VIII Notice of Ongoing Investigations When There Is a Change in Status of Inspector General 801. Notice of ongoing investigations when there is a change in status of Inspector General Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting at the end the following: (f) Not later than 15 days after an Inspector General is removed, placed on paid or unpaid non-duty status, or transferred to another position or location within an establishment, the acting Inspector General shall submit to the Council of the Inspectors General on Integrity and Efficiency, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a list of all audits and investigations being conducted, supervised, coordinated by the Office at the time the Inspector General was removed, placed on paid or unpaid non-duty status, or transferred. . IX Council of the Inspectors General on Integrity and Efficiency Appropriation 901. CIGIE appropriation (a) Availability of appropriated funds 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) Authorization of appropriations In addition to any funds available in the Inspectors General Council Fund established under subparagraph (B), there are authorized to be appropriated such sums as may be necessary, to remain available until expended, to carry out the functions and duties of the Council under this subsection. . (b) Removing council funding from individual Inspector General budget requests Section 6(g) of the Inspector General Act of 1978 is amended— (1) in paragraph (1), by striking , and any resources necessary to support 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 specifically identified and justified in the budget request ; and (2) in paragraph (2)— (A) in subparagraph (B), by adding and after the semicolon; (B) by striking subparagraph (C); and (C) by redesignating subparagraph (D) as subparagraph (C). (c) Effective date The amendments made by subsection (b) shall take effect on the date that is 30 days after the date of receipt by the Council of the Inspectors General on Integrity and Efficiency of an appropriation for the Council to carry out the functions and duties of the Council under section 11 of the Inspector General Act ( 5 U.S.C. App. 11 ), as amended under this section. X Notice of Refusal to Provide Inspectors General Access 1001. Notice of refusal to provide information or assistance 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 is being unreasonably refused or not provided by the head of the establishment to— (A) the Committee in the House of Representatives and the Committee in the Senate that has jurisdiction over the establishment; (B) the Committee on Oversight and Reform of the House of Representatives; and (C) the Committee on Homeland Security and Governmental Affairs of the Senate. . XI Budgetary Effects 1101. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.