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Code · BILL · 117th Congress · H.R. 5314 (Engrossed in House) — To protect our democracy by preventing abuses of presidential power, restoring checks and balances and accountability... · Sec. 722

Sec. 722. Change in status of Inspector General offices

1,023 words·~5 min read·/bill/117/hr/5314/eh/section-722·

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Paragraph
(1)of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— by inserting , is placed on paid or unpaid non-duty status, after is removed from office ; by inserting , change in status, after any such removal ; and by inserting , change in status, after before the removal . Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— by inserting , is placed on paid or unpaid non-duty status, after office ; by inserting , change in status, after any such removal ; and by inserting , change in status, after before the removal . Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 702(1), is further amended— in paragraph (1), by striking If and inserting Except as provided in paragraph (4), if ; and by adding at the end the following: If an Inspector General is placed on paid or unpaid non-duty status, the President may submit the communication described in paragraph
(1)to Congress later than 30 days before the Inspector General is placed on paid or unpaid non-duty status, but in any case not later than the date on which the placement takes effect, if— the President determines that a delay in placing the Inspector General on paid or unpaid non-duty status would— pose a threat to the Inspector General or others; result in the destruction of evidence relevant to an investigation; or result in loss of or damage to Government property; in the communication, the President includes— a specification of which clause the President relied on to make the determination under subparagraph (A); the substantive rationale, including detailed and case-specific reasons, for such determination; if the President relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and if an inquiry described in clause
(iii)is completed, the findings of that inquiry. The President may not place an Inspector General on paid or unpaid non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph
(1)unless the President— determines that not placing the Inspector General on paid or unpaid non-duty status would— pose a threat to the Inspector General or others; result in the destruction of evidence relevant to an investigation; or result in loss of or damage to Government property; and on or before the date on which the placement takes effect, submits to the Committee in the House of Representatives and the Committee in the Senate that has jurisdiction over the Inspector General involved, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a written communication that contains the following information— a specification of which clause under subparagraph
(A)the President relied on to make the determination under such subparagraph; the substantive rationale, including detailed and case-specific reasons, for such determination; if the President relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and if an inquiry described in clause
(iii)is completed, the findings of that inquiry. . Section 8G(e) of the Inspector General Act Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 702(2), is further amended— in paragraph (2), by striking If and inserting Except as provided in paragraph (4), if ; and by adding at the end the following: If an Inspector General is placed on paid or unpaid non-duty status, the head of a designated Federal entity may submit the communication described in paragraph
(2)to Congress later than 30 days before the Inspector General is placed on paid or unpaid non-duty status, but in any case not later than the date on which the placement takes effect, if— the head determines that a delay in placing the Inspector General on paid or unpaid non-duty status would— pose a threat to the Inspector General or others; result in the destruction of evidence relevant to an investigation; or result in loss of or damage to Government property; in the communication, the head includes— a specification of which clause under subparagraph
(A)the head relied on to make the determination under such subparagraph; the substantive rationale, including detailed and case-specific reasons, for such determination; if the head relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and if an inquiry described in clause
(iii)is completed, the findings of that inquiry. The head may not place an Inspector General on paid or unpaid non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph
(2)unless the head— determines that not placing the Inspector General on paid or unpaid non-duty status would— pose a threat to the Inspector General or others; result in the destruction of evidence relevant to an investigation; or result in loss of or damage to Government property; and on or before the date on which the placement takes effect, submits to the Committee in the House of Representatives and the Committee in the Senate that has jurisdiction over the Inspector General involved, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a written communication that contains the following information— a specification of which clause under subparagraph
(A)the head relied on to make the determination under such subparagraph; the substantive rationale, including detailed and case-specific reasons, for such determination; if the head relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and if an inquiry described in clause
(iii)is completed, the findings of that inquiry. . The amendments made by this section shall apply with respect to removals, transfers, and changes of status occurring on or after the date that is 30 days after the date of the enactment of this Act.
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