Sec. 5. FULL AND PROMPT ACCESS TO ALL DOCUMENTS

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## SEC. 5 FULL AND PROMPT ACCESS TO ALL DOCUMENTS Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— ####

(1)in subsection (a), by striking paragraph

(1)and inserting the following: > > #### “(1) > > > #####

(A)> > to have timely access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials available to the applicable establishment which relate to the programs and operations with respect to which that Inspector General has responsibilities under this Act; > > > ##### “(B) > > to have access under subparagraph

(A)notwithstanding any other provision of law, except pursuant to any provision of law enacted by Congress that expressly— > > > ###### “(i) > > refers to the Inspector General; and > > > ###### “(ii) > > limits the right of access of the Inspector General; and > > > ##### “(C) > > except as provided in subsection (i), with regard to Federal grand jury materials protected from disclosure pursuant to rule 6(e) of the Federal Rules of Criminal Procedure, to have timely access to such information if the Attorney General grants the request in accordance with subsection (h);” > ; ####

(2)by redesignating subsections

(b)through

(f)as subsections

(c)through (g), respectively; ####

(3)by inserting after subsection

(a)the following: > > ### “(b) > > Nothing in this section shall be construed as authorizing an Inspector General to publicly disclose information otherwise prohibited from disclosure by law.” > ; and ####

(4)by inserting after subsection (g), as redesignated, the following: > > ### “(h) > > > ####

(1)> > If the Inspector General of an establishment submits a request to the head of the establishment for Federal grand jury materials pursuant to subsection (a)(1), the head of the establishment shall immediately notify the Attorney General of such request. > > > #### “(2) > > Not later than 15 days after the date on which a request is submitted to the Attorney General under paragraph (1), the Attorney General shall determine whether to grant or deny the request for Federal grand jury materials and shall immediately notify the head of the establishment of such determination. The Attorney General shall grant the request unless the Attorney General determines that granting access to the Federal grand jury materials would be likely to— > > > ##### “(A) > > interfere with an ongoing criminal investigation or prosecution; > > > ##### “(B) > > interfere with an undercover operation; > > > ##### “(C) > > result in disclosure of the identity of a confidential source, including a protected witness; > > > ##### “(D) > > pose a serious threat to national security; or > > > ##### “(E) > > result in significant impairment of the trade or economic interests of the United States. > > > #### “(3) > > > #####

(A)> > The head of the establishment shall inform the Inspector General of the establishment of the determination made by the Attorney General with respect to the request for Federal grand jury materials. > > > ##### “(B) > > The Inspector General of the establishment described under subparagraph

(A)may submit comments on the determination submitted pursuant to such subparagraph to the committees listed under paragraph

(4)that the Inspector General considers appropriate. > > > #### “(4) > > Not later than 30 days after notifying the head of an establishment of a denial pursuant to paragraph (2), the Attorney General shall submit a statement that the request for Federal grand jury materials by the Inspector General was denied and the reason for the denial to each of the following: > > > ##### “(A) > > The Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. > > > ##### “(B) > > The Committee on Oversight and Government Reform, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. > > > ##### “(C) > > Other appropriate committees and subcommittees of Congress. > > > ### “(i) > > Subsections (a)(1)(C) and

(h)shall not apply to requests from the Inspector General of the Department of Justice.” > .