Sec. 3. Amendments to chapters 4, 10, and 131 of title 5, united states code
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Section 401 of title 5, United States Code, is amended— by redesignating paragraphs (1), (2), (3), (4), and
(5)as paragraphs (2), (3), (4), (5), and (6), respectively; and by inserting before paragraph (2), as redesignated, the following new paragraph (1): The term appropriate congressional committees means— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Oversight and Accountability of the House of Representatives; and any other relevant congressional committee or subcommittee of jurisdiction. . Section 401(5) of title 5, United States Code, as redesignated by subparagraph (A), is amended to read as follows: Except as otherwise expressly provided, the term Inspector General means the Inspector General of an establishment. . Section 403(b) of title 5, United States Code, is amended to read as follows: 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 substantive rationale, including detailed and case-specific reasons, for any such removal or transfer to both Houses of Congress (including to the appropriate congressional committees), not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal. 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. In 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 Special Inspector General for Afghanistan Reconstruction, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery. 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 Special Inspector General for Afghanistan Reconstruction, a reference to section 1229(c)(6) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 , 5 U.S.C. 415 note); in the case of the Special Inspector General for the Troubled Asset Relief Program, a reference to section 121(b)(4) of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231(b)(4) ); and in the case of the Special Inspector General for Pandemic Recovery, a reference to section 4018(b)(3) of the Coronavirus Economic Stabilization Act of 2020 ( 15 U.S.C. 9053(b)(3) ). 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 appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication not later than 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 this title; 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 this title 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 this title; and not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (C), including the report required under clause
(ii)of that subparagraph. . Section 403(d)(1)(C) of title 5, United States Code, is amended— in clause (i), in the matter before subclause (I), by inserting , including employees of that Office of Inspector General after employees ; and in clause (iii), by inserting (including the Integrity Committee of that Council) after and Efficiency . Section 403 of title 5, United States Code, is amended by adding at the end the following: In this subsection: The term first assistant to the position of Inspector General means, with respect to an Office of Inspector General— an individual who, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position— is serving in a position in that Office; and has been designated in writing by the Inspector General, through an order of succession or otherwise, as the first assistant to the position of Inspector General; or if the Inspector General has not made a designation described in clause (i)(II)— the Principal Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; or if there is no Principal Deputy Inspector General of that Office, the Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position. The term Inspector General — means an Inspector General who is appointed by the President, by and with the advice and consent of the Senate; and includes the Inspector General of an establishment, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery. If an Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position— section 3345(a) of this title and section 103(e) of the National Security Act of 1947 ( 50 U.S.C. 3025(e) ) shall not apply; subject to paragraph (4), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of this title; and notwithstanding subparagraph (B), and subject to paragraphs
(4)and (5), the President (and only the President) 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 this title only if— 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— the requirement under this clause shall not apply if the officer is an Inspector General; and for the purposes of this subparagraph, performing 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; the rate of pay for the position of the officer or employee described in clause
(i)is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule; the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and not later than 30 days before the date on which the direction takes effect, the President communicates in writing to both Houses of Congress (including to the appropriate congressional committees) the substantive rationale, including the detailed and case-specific reasons, for the direction, including the reason for the direction that someone other than the individual who is performing the functions 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. Notwithstanding section 3345(a) of this title, and subparagraphs
(B)and
(C)of paragraph (2), and subject to paragraph (4), during any period in which an Inspector General is on non-duty status— the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of this title; and if the first assistant described in subparagraph
(A)dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in that Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of this title, if— that direction satisfies the requirements under clauses (ii), (iii), and
(iv)of paragraph (2)(C); and 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. An individual may perform the functions and duties of an Inspector General temporarily and in an acting capacity under subparagraph
(B)or
(C)of paragraph (2), or under paragraph (3), with respect to only 1 Inspector General position at any given time. If the President makes a direction under paragraph (2)(C), 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 applicable Inspector General shall be performed by— the first assistant to the position of Inspector General; or 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 individual is an individual other than the first assistant to the position of Inspector General. . Section 404(a)(2) of title 5, United States Code, is amended— by inserting , including’’ after ‘‘to make recommendations ; and by inserting a comma after section 405(b) of this title . Section 404(b)(1)(C) of title 5, United States Code, is amended by striking paragraph
(1)and inserting subparagraph
(A). Section 405 of title 5, United States Code, is amended to read as follows: In this section: The term disallowed cost means a questioned cost that management, in a management decision, has sustained or agreed should not be charged to the Government. The term final action means— the completion of all actions that the management of an establishment has concluded, in its management decision, are necessary with respect to the findings and recommendations included in an audit report; and in the event that the management of an establishment concludes no action is necessary, final action occurs when a management decision has been made. The term management decision means the evaluation by the management of an establishment 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. The term questioned cost means a cost that is questioned by the Office because of— an alleged violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds; a finding that, at the time of the audit, the cost is not supported by adequate documentation; or a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable. 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— reductions in outlays; deobligation of funds from programs or operations; withdrawal of interest subsidy costs on loans or loan guarantees, insurance, or bonds; costs not incurred by implementing recommended improvements related to the operations of the establishment, a contractor, or grantee; avoidance of unnecessary expenditures noted in preaward reviews of contract or grant agreements; or any other savings which are specifically identified. The term senior Government employee means— 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 any commissioned officer in the Armed Forces in pay grades O–6 and above. 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. 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 immediately preceding 6-month periods ending March 31 and September 30. The reports shall include, but need not be limited to— a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office; an identification of each recommendation made before the reporting period, for which corrective action has not been completed, including the potential costs savings associated with the recommendation; a summary of significant investigations closed during the reporting period; an identification of the total number of convictions during the reporting period resulting from investigations; information regarding each audit, inspection, or evaluation report issued during the reporting period, including— a listing of each audit, inspection, or evaluation; and if 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, including whether a management decision had been made by the end of the reporting period; information regarding any management decision made during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period; 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); an appendix containing the results of any peer review conducted by another Office of Inspector General during the reporting period; or 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; 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; 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 recommendations made from any previous peer review (including any peer review conducted before the reporting period) that remain outstanding or have not been fully implemented; statistical tables showing— the total number of investigative reports issued during the reporting period; the total number of persons referred to the Department of Justice for criminal prosecution during the reporting period; the total number of persons referred to State and local prosecuting authorities for criminal prosecution during the reporting period; and the total number of indictments and criminal informations during the reporting period that resulted from any prior referral to prosecuting authorities; a description of the metrics used for developing the data for the statistical tables under paragraph (11); a report on each investigation conducted by the Office where allegations of misconduct were substantiated involving a senior Government employee or senior official (as defined by the Office) if the establishment does not have senior Government employees, which shall include— the name of the senior Government employee, if already made public by the Office; and a detailed description of— the facts and circumstances of the investigation; and the status and disposition of the matter, including— if the matter was referred to the Department of Justice, the date of the referral; and if the Department of Justice declined the referral, the date of the declination; a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and what, if any, consequences the establishment actually imposed to hold the official described in subparagraph
(A)accountable; information related to interference by the establishment, including— a detailed description of any attempt by the establishment to interfere with the independence of the Office, including— with budget constraints designed to limit the capabilities of the Office; and 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 a summary of each report made to the head of the establishment under section 406(c)(2) of this title during the reporting period; and detailed descriptions of the particular circumstances of each— inspection, evaluation, and audit conducted by the Office that is closed and was not disclosed to the public; and investigation conducted by the Office involving a senior Government employee that is closed and was not disclosed to the public. Semiannual reports of each Inspector General 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 congressional committees within 30 days after receipt of the report, together with a report by the head of the establishment containing— any comments the head of the establishment determines appropriate; where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing— with respect to management decisions— for each report, whether a management decision was made during the reporting period; if a management decision was made during the reporting period, the dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and the total number of reports where a management decision was made during the reporting period and the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and with respect to final actions— whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period; if final action was taken, the dollar value of— disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise; disallowed costs that were written off by management; disallowed costs and funds to be put to better use not yet recovered or written off by management; recommendations that were completed; and recommendations that management has subsequently concluded should not or could not be implemented or completed; and the total number of reports where final action was not taken and the total number of reports where final action was taken, including the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decisions; whether the establishment entered into a settlement agreement with the official described in subsection (b)(14)(A), which shall be reported regardless of any confidentiality agreement relating to the settlement agreement; and a statement explaining why final action has not been taken with respect to each audit, inspection, and evaluation report in which a management decision has been made but final action has not yet been taken, except that such statement— may exclude reports if— a management decision was made within the preceding year; or the report is under formal administrative or judicial appeal or management of the establishment has agreed to pursue a legislative solution; and shall identify the number of reports in each category so excluded. 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 reasonable 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. 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 operations of the establishment. The head of the establishment shall transmit any such report to the appropriate congressional committees within 7 calendar days, together with a report by the head of the establishment containing any comments the establishment head deems appropriate. The Chairperson of the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency shall, 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 an Office of Inspector General for which the Integrity Committee may receive, review, and refer for investigation allegations of wrongdoing under section 424(d) of this title, submit a report to the Inspector General who leads the Office at which the serious or flagrant problems, abuses, or deficiencies were alleged. Not later than 7 days after the date on which an Inspector General receives a report submitted under paragraph (1), the Inspector General shall submit to the President, the appropriate congressional committees, and the head of the establishment— the report received under paragraph (1); and a report by the Inspector General containing any comments the Inspector General determines appropriate. Except as provided in paragraph (2), not later than 15 days after an Inspector General is removed, placed on paid or unpaid nonduty status, or transferred to another position or location within an establishment, the officer or employee performing the functions and duties of the Inspector General temporarily in an acting capacity shall submit to the appropriate congressional committees information regarding work being conducted by the Office as of the date on which the Inspector General was removed, placed on paid or unpaid non-duty status, or transferred, which shall include— for each investigation— the type of alleged offense; the fiscal quarter in which the Office initiated the investigation; the relevant Federal agency, including the relevant component of that Federal agency for any Federal agency listed in section 901(b) of title 31, under investigation or affiliated with the individual or entity under investigation; and whether the investigation is administrative, civil, criminal, or a combination thereof, if known; and for any work not described in subparagraph (A)— a description of the subject matter and scope; the relevant agency, including the relevant component of that Federal agency, under review; the date on which the Office initiated the work; and the expected time frame for completion. With respect to an inspector general of an element of the intelligence community specified in section 415(d)(2) of this title, the submission required by paragraph
(1)shall only be made to the committees of Congress specified in section 415(d)(2)(E) of this title. Nothing in this section shall be construed to authorize the public disclosure of information that is— specifically prohibited from disclosure by any other provision of law; specifically 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 a part of an ongoing criminal investigation. 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 criminal investigation if such information has been included in a public record. 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. Subject to any other provision of law that would otherwise prohibit disclosure of such information, the information described in paragraph
(1)may be provided to any Member of Congress upon request. An Office may not provide to Congress 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. Except as provided in subparagraph (B), if an audit, evaluation, inspection, or other non-investigative report prepared by an Inspector General specifically identifies a specific non-governmental organization or business entity, whether or not the non-governmental organization or business entity is the subject of that audit, evaluation, inspection, or non-investigative report— the Inspector General shall notify the non-governmental organization or business entity; the non-governmental organization or business entity shall have— 30 days to review the audit, evaluation, inspection, or non-investigative report beginning on the date of publication of the audit, evaluation, inspection, or non-investigative report; and the opportunity to submit a written response for the purpose of clarifying or providing additional context as it directly relates to each instance wherein an audit, evaluation, inspection, or non-investigative report specifically identifies that non-governmental organization or business entity; and if a written response is submitted under clause (ii)(II) within the 30-day period described in clause (ii)(I)— the written response shall be attached to the audit, evaluation, inspection, or non-investigative report; and in every instance where the report may appear on the public-facing website of the Inspector General, the website shall be updated in order to access a version of the audit, evaluation, inspection, or non-investigative report that includes the written response. Subparagraph
(A)shall not apply with respect to a non-governmental organization or business entity that refused to provide information or assistance sought by an Inspector General during the creation of the audit, evaluation, inspection, or non-investigative report. An Inspector General shall review any written response received under subparagraph
(A)for the purpose of preventing the improper disclosure of classified information or other non-public information, consistent with applicable laws, rules, and regulations, and, if necessary, redact such information. If an Office has published any portion of the report or information required under subsection
(b)to the website of the Office or on oversight.gov, the Office may elect to provide links to the relevant webpage or website in the report of the Office under subsection
(b)in lieu of including the information in that report. . Section 406(c) of title 5, United States Code, is amended by adding at the end the following: 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. . Section 406(f)(3) of title 5, United States Code, is amended by striking Veterans’ and inserting Veterans . Subparagraphs
(B)and
(C)of section 406(h)(4) of title 5, United States Code, are amended to read as follows: The Committee on Oversight and Accountability, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. Any other relevant congressional committee or subcommittee of jurisdiction. . Section 406(j)(2) of title 5, United States Code, is amended by striking section 552a of title 5 and inserting section 552a of this title . Section 408(b)(3) of title 5, United States Code, is amended to read as follows: 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 appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. . Section 408(b)(4) of title 5, United States Code, is amended by striking and to other appropriate committees or subcommittees . Section 408(f)(1) (matter before subparagraph (A)) of title 5, United States Code, is amended to read as follows: Each semiannual report prepared by the Inspector General of the Department of Defense under section 405(b) of this title shall be transmitted by the Secretary of Defense to the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. Each report shall include— . Section 408(f)(2) of title 5, United States Code, is amended by striking committees or subcommittees of the Congress and inserting congressional committees . Section 412(a)(3) of title 5, United States Code, is amended to read as follows: 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 appropriate congressional committees, including the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. . Section 412(g)(1) of title 5, United States Code, is amended to read as follows: Any report required to be transmitted by the Secretary of the Treasury to the appropriate congressional committees under section 405(e) of this title shall also be transmitted, within the 7-day period specified under such section, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. . Section 412(g)(2) of title 5, United States Code, is amended by striking committees or subcommittees of Congress and inserting congressional committees . Section 412(j) (matter before paragraph (1)) of title 5, United States Code, is amended— by striking section 403(d)(1)(B)(i) of this title (or, effective November 27, 2017, section 403(d)(2)(B)(i) of this title) and inserting section 403(d)(1)(A) of this title ; and by striking section 403(d)(1)(B)(ii) of this title (or, effective November 27, 2017, section 403(d)(2)(B)(ii) of this title) and inserting section 403(d)(1)(B) of this title . Section 413(a)(3) of title 5, United States Code, is amended to read as follows: 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 appropriate congressional committees, including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. . Section 413(c) of title 5, United States Code, is amended to read as follows: Any report required to be transmitted by the Attorney General to the appropriate congressional committees 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 of the Senate and the Committee on the Judiciary of the House of Representatives. . Section 415(a)(1)(A) of title 5, United States Code, is amended by striking the Postal Regulatory Commission, . Section 415(e) of title 5, United States Code, is amended to read as follows: In the case of a designated Federal entity for which a board, chairman of a committee, or commission is the head of the designated Federal entity, a removal or placement on non-duty status under this subsection may only be made upon the written concurrence of a 2/3 majority of the board, committee, or commission. 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 communicate in writing the substantive rationale, including detailed and case-specific reasons, for any such removal or transfer to both Houses of Congress (including to the appropriate congressional committees), not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal. 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. 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 appropriate congressional committees) 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— 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 this title; 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 this title the covered official 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. 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
(iv)of section 6329b(b)(2)(A) of this title; and not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause
(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 415(f)(2) of title 5, United States Code, is amended to read as follows: In carrying out the duties and responsibilities specified in this chapter, the Inspector General of the United States Postal Service (hereinafter 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 performed 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. In carrying out the duties and responsibilities specified in this chapter, the Inspector General shall function as the Inspector General for the Postal Regulatory Commission, and shall have equal responsibility over the United States Postal Service and the Postal Regulatory Commission. The Postal Regulatory Commission shall comply with the Inspector General’s oversight as if the Postal Regulatory Commission were a designated Federal entity under subsection (a)(1) and as if the Inspector General were the inspector general of the Postal Regulatory Commission. The Governors of the Postal Service shall not direct oversight activities for the Postal Regulatory Commission. . Section 415(f)(3)(A)(i) (matter before subclause (I)) of title 5, United States Code, is amended to read as follows: Notwithstanding 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, pertaining to the United States Postal Service, which audits, investigations, and subpoenas require access to sensitive information concerning— . Section 415(f)(3)(A)(iii) of title 5, United States Code, is amended to read as follows: 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 appropriate congressional committees. . Section 415(f)(3)(B)(i) of title 5, United States Code, is amended by inserting and the Postal Regulatory Commission after United States Postal Service . Section 415(f)(3) of title 5, United States Code, is amended by striking subparagraph (C). Section 415(f) of title 5, United States Code, is amended— by redesignating paragraphs (4), (5), and
(6)as paragraphs (5), (6), and (7), respectively; and by inserting after paragraph
(3)the following: For activities pertaining to the Postal Regulatory Commission, sections 404, 405, 406 (other than subsection (g)), and 407 of this title shall be applied by substituting the term head of the Postal Regulatory Commission for head of the establishment . . Section 416(a) of title 5, United States Code, is amended to read as follows: In this section: The term intelligence committees means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. The term urgent concern means any of the following: 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 of the Federal Government that is— a matter of national security; and not a difference of opinion concerning public policy matters. A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity. 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. Within the executive branch, an Inspector General to whom any complaint or information is reported under this section shall have sole authority to determine whether the complaint or information is a matter of urgent concern under this section. . Section 417(a)(3) (matter before subparagraph (A)) of title 5, United States Code, is amended by striking committees and subcommittees of Congress and inserting congressional committees . Section 417(d) of title 5, United States Code, is amended to read as follows: Any report required to be transmitted by the Secretary of Homeland Security to the appropriate congressional committees 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 congressional committees. . Section 419 of title 5, United States Code, is amended as follows: Section 419(a)(2) of title 5, United States Code, is amended by striking section 113(n) of title 10 and inserting section 113(o) of title 10 . Section 419(d)(1)(A) of title 5, United States Code, is amended by striking overeas and inserting overseas . Section 419(d)(1)(B) of title 5, United States Code, is amended by striking section 113(n) of title 10 and inserting section 113(o) of title 10 . Section 419(d)(5) of title 5, United States Code, is amended— in the paragraph heading, by striking and inserting Ccompetitive ; Competitive in subparagraph (A), by striking a lead Inspector General for and inserting any of the Inspectors General specified in subsection
(c)for oversight of ; and in subparagraph (B), by striking December 19, 2019 and inserting December 20, 2019 . Section 421(b) of title 5, United States Code, is amended by striking committees of Congress and inserting congressional committees . Section 424(b)(3)(B)(viii) of title 5, United States Code, is amended— by striking subclauses
(III)and (IV); in subclause (I), by adding and at the end; and by amending subclause
(II)to read as follows: the appropriate congressional committees. . Section 424(c)(1) of title 5, United States Code, is amended— by redesignating subparagraphs
(E)through
(I)as subparagraphs
(F)through (J), respectively; and by inserting after subparagraph
(D)the following: support the professional development of Inspectors General, including by providing training opportunities on the duties, responsibilities, and authorities under this chapter and on topics relevant to Inspectors General and the work of Inspectors General, as identified by Inspectors General and the Council. . Section 424(c)(3) of title 5, United States Code, is amended by adding at the end the following: Not later than November 30 of each year, the Chairperson shall submit to the appropriate congressional committees, 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 pursuant to subparagraph (A), a revolving fund pursuant to subparagraph (B), or any other source. . Section 424(c)(5)(B) of title 5, United States Code, is amended by striking , allegations of reprisal, and inserting 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) . Section 424(d)(5)(B)(ii) of title 5, United States Code, is amended 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. . Section 424(d)(5)(B) of title 5, United States Code, is amended by adding at the end the following: 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 the allegation of wrongdoing, provide a written description of the nature of the allegation of wrongdoing and how the Integrity Committee evaluated the allegation of wrongdoing to— the Chair and Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate; and the Chair and Ranking Minority Member of the Committee on Oversight and Accountability of the House of Representatives. . Section 424(d)(7)(B)(i)(V) of title 5, United States Code, is amended by inserting , and that an investigation of an Office of Inspector General of an establishment is conducted by another Office of Inspector General of an establishment after size . Section 424(d)(8)(A)(ii) of title 5, United States Code, is amended by inserting or corrective action after disciplinary action . Section 424(d)(8)(A)(iii) of title 5, United States Code, is amended by striking to the and all that follows through jurisdiction and inserting to the appropriate congressional committees . Section 424(d)(8)(B) of title 5, United States Code, is amended by inserting and the appropriate congressional committees after Integrity Committee . Section 424(d)(9) of title 5, United States Code, is amended to read as follows: On or before May 31, 2023, and every 6 months thereafter, the Council shall submit to Congress and the President a report on the activities of the Integrity Committee during the immediately preceding 6-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 in paragraph (4)(C): An overview and analysis of the allegations of wrongdoing disposed of by the Integrity Committee, including— analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions; analysis of the categories or types of the allegations of wrongdoing; and a summary of disposition of all the allegations. The number of allegations received by the Integrity Committee. 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. 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. 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 6 months covered by the report, including— analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions; analysis of the categories or types of the allegations of wrongdoing; and a summary of disposition of all the allegations. The number and category or type of pending investigations. For each allegation received— the date on which the investigation was opened; the date on which the allegation was disposed of, as applicable; and the case number associated with the allegation. The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without referral. 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— any attempt to prevent or hinder an investigation; or concerns about the integrity or operations at an Office of Inspector General. Other matters that the Council considers appropriate. . Section 1013(a)(2)(A) of title 5, United States Code, is amended by striking Government and inserting Government, . Section 13104(f)(4)(B)(i)(III) of title 5, United States Code, is amended by striking paragraphs (3)(C)(iii) and
(iv)of this subsection and inserting clauses
(iii)and
(iv)of paragraph (3)(C) of this subsection . Section 13105(l) (matter before paragraph (1)) of title 5, United States Code, is amended by inserting a closing parenthesis after section 13104(a)(5)(B . Section 13105(l) of title 5, United States Code, is amended— in paragraph (9), by striking , as defined under section 13101 of this title ; and in paragraph (10)— by striking the Congress and inserting Congress ; and by striking , as defined under section 13101 of this title . Section 13105(l) of title 5, United States Code, is amended by adding at the end the following: Each judicial officer. Each bankruptcy judge appointed under section 152 of title 28. Each United States magistrate judge appointed under section 631 of title 28. . Section 13107(b)(3)(A) of title 5, United States Code, is amended by striking described in paragraph
(9)or
(10)of section 13101 of this title and inserting who is a judicial officer or a judicial employee . Section 13107 of title 5, United States Code, is amended— by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively; and by inserting after subsection
(b)the following: Subject to paragraph (4), not later than 180 days after May 13, 2022, the Administrative Office of the United States Courts shall establish a searchable internet database to enable public access to any report required to be filed under this subchapter by a judicial officer, bankruptcy judge, or magistrate judge. Not later than 90 days after the date on which a report is required to be filed under this subchapter by a judicial officer, bankruptcy judge, or magistrate judge, the Administrative Office of the United States Courts shall make the report available on the database established under paragraph
(1)in a full-text searchable, sortable, and downloadable format for access by the public. Any report made available on the database established under paragraph
(1)shall not contain any information that is redacted in accordance with subsection (b)(3). Subject to subparagraph (B), the requirements of this subsection may be implemented after the date described in paragraph
(1)if the Administrative Office of the United States Courts identifies in writing to the relevant committees of Congress the additional time needed for that implementation. The Administrative Office of the United States Courts shall continue to make the reports described in paragraph
(1)available to the public during the period in which the Administrative Office of the United States Courts establishes the database under this subsection. . Section 13109(a)(1) of title 5, United States Code, is amended in the last sentence by striking and
(d)and inserting and
(e).
Connectionstraces to 6
Traces to 6 documents
U.S. Code
- Requirements for Federal entities and designated Federal entities§ 415
- Special Inspector General for the Troubled Asset Relief Program§ 5231
- Special Inspector General for Pandemic Recovery§ 9053
- Office of the Director of National Intelligence§ 3025
- Executive agency accounting and other financial management reports and plans§ 3512
- Confidentiality and disclosure of returns and return information§ 6103
2 references not yet in our index
- Pub. L. 110-181
- Pub. L. 104-208
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Sec. 3
Amendments to chapters 4, 10, and 131 of title 5, united states code
Pub. L.Pub. L. 110-181
Pub. L.Pub. L. 104-208
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