Sec. 2. Removal or transfer of Inspectors General; placement on non-duty status

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The Inspector General Act of 1978 (5 U.S.C. App.) is amended— in section 3(b)— by inserting (1)(A) after

(b); in paragraph (1), as so designated— in subparagraph (A), as so designated, in the second sentence— by striking reasons and inserting the following: substantive rationale, including detailed and case-specific reasons, ; and by inserting (including to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives) after Houses of Congress ; and by adding at the end the following: 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 written communication required under that subparagraph shall— identify each entity that is conducting, or that conducted, the inquiry; and in the case of a completed inquiry, contain the findings made during the inquiry. ; and by adding at the end the following: Subject to the other provisions of this paragraph, only the President may place an Inspector General on non-duty status. If the President places an Inspector General on non-duty status, the President 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 Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives) not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication on the date on which the change in status takes effect if— the President 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 in the communication, the President includes a report on the determination described in clause (i), which shall include— a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause

(i)of this subparagraph; the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i); an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause

(i)was made; and in the case of an inquiry described in subclause

(III)that is completed, the findings made during that inquiry. The President may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1)(A) unless the President— 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 not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives) a written communication that contains the information required under subparagraph (B), including the report required under clause

(ii)of that subparagraph. For the purposes of this paragraph— the term Inspector General — means an Inspector General who was appointed by the President, without regard to whether the Senate provided advice and consent with respect to that appointment; and includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for Afghanistan Reconstruction, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery; and a reference to the removal or transfer of an Inspector General under paragraph (1), or to the written communication described in that paragraph, shall be considered to be— in the case of the Inspector General of the Intelligence Community, a reference to paragraph

(4)of section 3033(c) of title 50, United States Code; in the case of the Inspector General of the Central Intelligence Agency, a reference to paragraph

(6)of section 3517(b) of title 50, United States Code; in the case of the Special Inspector General for Afghanistan Reconstruction, a reference to paragraph

(6)of section 1229(c) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 379); in the case of the Special Inspector General for the Troubled Asset Relief Program, a reference to paragraph

(4)of section 121(b) of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231(b) ); and in the case of the Special Inspector General for Pandemic Recovery, a reference to paragraph

(3)of section 4018(b) of the CARES Act ( Public Law 116–136 ). ; and in section 8G(e)— in paragraph (1), by inserting or placement on non-duty status after a removal ; in paragraph (2)— by inserting

(A)after

(2); in subparagraph (A), as so designated, in the first sentence— by striking reasons and inserting the following: substantive rationale, including detailed and case-specific reasons, ; and by inserting (including to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives) after Houses of Congress ; and by adding at the end the following: 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 written communication required under that subparagraph shall— identify each entity that is conducting, or that conducted, the inquiry; and in the case of a completed inquiry, contain the findings made during the inquiry. ; and by adding at the end the following: 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. 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 Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives) 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 on the date on which the change in status takes effect if— 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 in the communication, the covered official includes a report on the determination described in clause (i), which shall include— a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the covered official has determined applies under clause

(i)was made; and in the case of an inquiry described in subclause

(III)that is completed, the findings made during that inquiry. A covered official may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless 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

(ii)of that subparagraph. Nothing in this paragraph may be construed to limit or otherwise modify— any statutory protection that is afforded to an Inspector General; or any other action that a covered official may take under law with respect to an Inspector General. . Section 12(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting except as otherwise expressly provided, before the term .

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