,,ii #aafth ,,congress #b;d ,session ,s4 #ciid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjbj,mr4 ,grassley 7for himself1 ,mr4 ,peters1 ,mr4 ,portman1 ,mr4 ,carper1 ,mr4 ,lankford1 ,ms4 ,hassan1 ,mr4 ,romney1 ,mr4 ,tester1 ,ms4 ,collins1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend the ,inspector ,general ,act of #aigh to provide that the ,president or certain agency heads may remove an ,inspector ,general1 or place an ,inspector ,general on non-duty status1 only if certain conditions are satisfied1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,securing ,inspector ,general ,independence ,act of #bjbj4 #b4 ,removal or transfer of ,inspectors ,general2 placement on non-duty status 7a7 ,in general ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #c7;b7-- 7,a7 by inserting 7#a77;,a7 after 7b72 7,b7 in paragraph 7#a71 as so designated-- 7i7 in subparagraph 7,a71 as so designated1 in the second sentence-- 7,i7 by striking reasons and inserting the following3 substantive rationale1 including detailed and case-specific reasons12 and 7,,ii7 by inserting 7including to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives7 after ,houses of ,congress2 and 7ii7 by adding at the end the following3 7,b7 ,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 7,a71 the written communication required under that subparagraph shall-- 7i7 identify each entity that is conducting1 or that conducted1 the inquiry2 and 7ii7 in the case of a completed inquiry1 contain the findings made during the inquiry4 2 and 7,c7 by adding at the end the following3 7#b7 7,a7 ,subject to the other provisions of this paragraph1 only the ,president may place an ,inspector ,general on non-duty status4 7,b7 ,if the ,president places an ,inspector ,general on non-duty status1 the ,president shall communicate in writing the substantive rationale1 including detailed and case-specific reasons1 for the change in status to both ,houses of ,congress 7including to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives7 not later than #ae days before the date on which the change in status takes effect1 except that the ,president may submit that communication on the date on which the change in status takes effect if-- 7i7 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 7i7 through 7iv7 of section #fcbi;b7b77#b77;,a7 of title #e1 ,united ,states ,code2 and 7ii7 in the communication1 the ,president includes a report on the determination described in clause 7i71 which shall include-- 7,i7 a specification of which clause of section #fcbi;b7b77#b77;,a7 of title #e1 ,united ,states ,code1 the ,president has determined applies under clause 7i7 of this subparagraph2 7,,ii7 the substantive rationale1 including detailed and case-specific reasons1 for the determination made under clause 7i72 7,,iii7 an identification of each entity that is conducting1 or that conducted1 any inquiry upon which the determination under clause 7i7 was made2 and 7,,iv7 in the case of an inquiry described in subclause 7,,iii7 that is completed1 the findings made during that inquiry4 7,c7 ,the ,president may not place an ,inspector ,general on non-duty status during the #cj-;day period preceding the date on which the ,inspector ,general is removed or transferred under paragraph 7#a77;,a7 unless the ,president-- 7i7 has made a determination that the continued presence of the ,inspector ,general in the workplace poses a threat described in any of clauses 7i7 through 7iv7 of section #fcbi;b7b77#b77;,a7 of title #e1 ,united ,states ,code2 and 7ii7 not later than the date on which the change in status takes effect1 submits to both ,houses of ,congress 7including to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives7 a written communication that contains the information required under subparagraph 7,b71 including the report required under clause 7ii7 of that subparagraph4 7,d7 ,for the purposes of this paragraph-- 7i7 the term ,inspector ,general-- 7,i7 means an ,inspector ,general who was appointed by the ,president1 without regard to whether the ,senate provided advice and consent with respect to that appointment2 and 7,,ii7 includes the ,inspector ,general of an establishment1 the ,inspector ,general of the ,intelligence ,community1 the ,inspector ,general of the ,central ,intelligence ,agency1 the ,special ,inspector ,general for ,afghanistan ,reconstruction1 the ,special ,inspector ,general for the ,troubled ,asset ,relief ,program1 and the ,special ,inspector ,general for ,pandemic ,recovery2 and 7ii7 a reference to the removal or transfer of an ,inspector ,general under paragraph 7#a71 or to the written communication described in that paragraph1 shall be considered to be-- 7,i7 in the case of the ,inspector ,general of the ,intelligence ,community1 a reference to paragraph 7#d7 of section #cjcc7;c7 of title #ej1 ,united ,states ,code2 7,,ii7 in the case of the ,inspector ,general of the ,central ,intelligence ,agency1 a reference to paragraph 7#f7 of section #ceag7;b7 of title #ej1 ,united ,states ,code2 7,,iii7 in the case of the ,special ,inspector ,general for ,afghanistan ,reconstruction1 a reference to paragraph 7#f7 of section #abbi7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7,public ,law #aaj-aha2 #abb ,stat4 #cgi72 7,,iv7 in the case of the ,special ,inspector ,general for the ,troubled ,asset ,relief ,program1 a reference to paragraph 7#d7 of section #aba7;b7 of the ,emergency ,economic ,stabilization ,act of #bjjh 7#ab ,u4,s4,c4 #ebca7;b772 and 7,v7 in the case of the ,special ,inspector ,general for ,pandemic ,recovery1 a reference to paragraph 7#c7 of section #djah7;b7 of the ,,cares ,act 7,public ,law #aaf-acf74 2 and 7#b7 in section #h;,g7e7-- 7,a7 in paragraph 7#a71 by inserting or placement on non-duty status after a removal2 7,b7 in paragraph 7#b7-- 7i7 by inserting 7,a7 after 7#b72 7ii7 in subparagraph 7,a71 as so designated1 in the first sentence-- 7,i7 by striking reasons and inserting the following3 substantive rationale1 including detailed and case-specific reasons12 and 7,,ii7 by inserting 7including to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives7 after ,houses of ,congress2 and 7iii7 by adding at the end the following3 7,b7 ,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 7,a71 the written communication required under that subparagraph shall-- 7i7 identify each entity that is conducting1 or that conducted1 the inquiry2 and 7ii7 in the case of a completed inquiry1 contain the findings made during the inquiry4 2 and 7,c7 by adding at the end the following3 7#c7 7,a7 ,subject to the other provisions of this paragraph1 only the head of the applicable designated ,federal entity 7referred to in this paragraph as the covered official7 may place an ,inspector ,general on non-duty status4 7,b7 ,if a covered official places an ,inspector ,general on non-duty status1 the covered official shall communicate in writing the substantive rationale1 including detailed and case-specific reasons1 for the change in status to both ,houses of ,congress 7including to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives7 not later than #ae days before the date on which the change in status takes effect1 except that the covered official may submit that communication on the date on which the change in status takes effect if-- 7i7 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 7i7 through 7iv7 of section #fcbi;b7b77#b77;,a7 of title #e1 ,united ,states ,code2 and 7ii7 in the communication1 the covered official includes a report on the determination described in clause 7i71 which shall include-- 7,i7 a specification of which clause of section #fcbi;b7b77#b77;,a7 of title #e1 ,united ,states ,code1 the covered official has determined applies under clause 7i7 of this subparagraph2 7,,ii7 the substantive rationale1 including detailed and case-specific reasons1 for the determination made under clause 7i72 7,,iii7 an identification of each entity that is conducting1 or that conducted1 any inquiry upon which the determination under clause 7i7 was made2 and 7,,iv7 in the case of an inquiry described in subclause 7,,iii7 that is completed1 the findings made during that inquiry4 7,c7 ,a covered official may not place an ,inspector ,general on non-duty status during the #cj-;day period preceding the date on which the ,inspector ,general is removed or transferred under paragraph 7#b77;,a7 unless the covered official-- 7i7 has made a determination that the continued presence of the ,inspector ,general in the workplace poses a threat described in any of clauses 7i7 through 7iv7 of section #fcbi;b7b77#b77;,a7 of title #e1 ,united ,states ,code2 and 7ii7 not later than the date on which the change in status takes effect1 submits to both ,houses of ,congress 7including to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives7 a written communication that contains the information required under subparagraph 7,b71 including the report required under clause 7ii7 of that subparagraph4 7,d7 ,nothing in this paragraph may be construed to limit or otherwise modify-- 7i7 any statutory protection that is afforded to an ,inspector ,general2 or 7ii7 any other action that a covered official may take under law with respect to an ,inspector ,general4 4 7b7 ,technical and conforming amendment ,section #ab7c7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by inserting except as otherwise expressly provided1 before the term4 #c4 ,vacancy in position of ,inspector ,general 7a7 ,in general ,section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7h7 7#a7 ,in this subsection-- 7,a7 the term first assistant to the position of ,inspector ,general means1 with respect to an ,office of ,inspector ,general-- 7i7 an individual who1 as of the day before the date on which the ,inspector ,general dies1 resigns1 or otherwise becomes unable to perform the functions and duties of that position-- 7,i7 is serving in a position in that ,office2 and 7,,ii7 has been designated in writing by the ,inspector ,general1 through an order or succession or otherwise1 as the first assistant to the position of ,inspector ,general2 or 7ii7 if the ,inspector ,general has not made a designation described in clause 7i77,,ii7-- 7,i7 the ,principal ,deputy ,inspector ,general of that ,office1 as of the day before the date on which the ,inspector ,general dies1 resigns1 or otherwise becomes unable to perform the functions and duties of that position2 or 7,,ii7 if there is no ,principal ,deputy ,inspector ,general of that ,office1 the ,deputy ,inspector ,general of that ,office1 as of the day before the date on which the ,inspector ,general dies1 resigns1 or otherwise becomes unable to perform the functions and duties of that position2 and 7,b7 the term ,inspector ,general-- 7i7 means an ,inspector ,general who is appointed by the ,president1 by and with the advice and consent of the ,senate2 and 7ii7 includes the ,inspector ,general of an establishment1 the ,inspector ,general of the ,intelligence ,community1 the ,inspector ,general of the ,central ,intelligence ,agency1 the ,special ,inspector ,general for the ,troubled ,asset ,relief ,program1 and the ,special ,inspector ,general for ,pandemic ,recovery4 7#b7 ,if an ,inspector ,general dies1 resigns1 or is otherwise unable to perform the functions and duties of the position-- 7,a7 section #ccde7;a7 of title #e1 ,united ,states ,code1 and section #cjbe7;e7 of title #ej1 ,united ,states ,code1 shall not apply2 7,b7 subject to paragraph 7#d71 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 #ccdf of title #e1 ,united ,states ,code2 and 7,c7 notwithstanding subparagraph 7,b71 and subject to paragraphs 7#d7 and 7#e71 the ,president 7and only the ,president7 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 #ccdf of title #e1 ,united ,states ,code1 only if-- 7i7 during the #cfe-;day period preceding the date of death1 resignation1 or beginning of inability to serve of the ,inspector ,general1 the officer or employee served in a position in an ,office of an ,inspector ,general for not less than #ij days1 except that-- 7,i7 the requirement under this clause shall not apply if the officer is an ,inspector ,general2 and 7,,ii7 for the purposes of this subparagraph1 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 ,general2 7ii7 the rate of pay for the position of the officer or employee described in clause 7i7 is equal to or greater than the minimum rate of pay payable for a position at ,,gs-#ae of the ,general ,schedule2 7iii7 the officer or employee has demonstrated ability in accounting1 auditing1 financial analysis1 law1 management analysis1 public administration1 or investigations2 and 7iv7 not later than #cj days before the date on which the direction takes effect1 the ,president communicates in writing to both ,houses of ,congress the substantive rationale1 including the detailed and case-specific reasons1 for such direction1 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 7as of the date on which the ,president issues that direction7 perform those functions and duties temporarily in an acting capacity4 7#c7 ,notwithstanding section #ccde7;a7 of title #e1 ,united ,states ,code1 section #cjbe7;e7 of title #ej1 ,united ,states ,code1 and subparagraphs 7,b7 and 7,c7 of paragraph 7#b71 and subject to paragraph 7#d71 during any period in which an ,inspector ,general is on non-duty status-- 7,a7 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 #ccdf of title #e1 ,united ,states ,code2 and 7,b7 if the first assistant described in subparagraph 7,a7 dies1 resigns1 or becomes otherwise unable to perform those functions and duties1 the ,president 7and only the ,president7 may direct an officer or employee in that ,office of ,inspector ,general to perform those functions and duties temporarily in an acting capacity1 subject to the time limitations of section #ccdf of title #e1 ,united ,states ,code1 if-- 7i7 that direction satisfies the requirements under clauses 7ii71 7iii71 and 7iv7 of paragraph 7#b77;,c72 and 7ii7 that officer or employee served in a position in that ,office of ,inspector ,general for not fewer than #ij of the #cfe days preceding the date on which the ,president makes that direction4 7#d7 ,an individual may perform the functions and duties of an ,inspector ,general temporarily and in an acting capacity under subparagraph 7,b7 or 7,c7 of paragraph 7#b71 or under paragraph 7#c71 with respect to only #a ,inspector ,general position at any given time4 7#e7 ,if the ,president makes a direction under paragraph 7#b77;,c71 during the #cj-;day period preceding the date on which the direction of the ,president takes effect1 the functions and duties of the position of the applicable ,inspector ,general shall be performed by-- 7,a7 the first assistant to the position of ,inspector ,general2 or 7,b7 the individual performing those functions and duties temporarily in an acting capacity1 as of the date on which the ,president issues that direction1 if that individual is an individual other than the first assistant to the position of ,inspector ,general4 4 7b7 ,rule of construction ,nothing in the amendment made by subsection 7a7 may be construed to limit the applicability of sections #ccde through #ccdi;d of title #e1 ,united ,states ,code 7commonly known as the ,federal ,vacancies ,reform ,act of #aiih71 other than with respect to section #ccde7;a7 of that title4 7c7 ,effective date 7#a7 ,definition ,in this subsection1 the term ,inspector ,general has the meaning given the term in subsection 7h77#a77;,b7 of section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as added by subsection 7a7 of this section4 7#b7 ,applicability 7,a7 ,in general ,except as provided in subparagraph 7,b71 this section1 and the amendments made by this section1 shall take effect on the date of enactment of this ,act4 7,b7 ,existing vacancies ,if1 as of the date of enactment of this ,act1 an individual is performing the functions and duties of an ,inspector ,general temporarily in an acting capacity1 this section1 and the amendments made by this section1 shall take effect with respect to that ,inspector ,general position on the date that is #cj days after the date of enactment of this ,act4 #d4 ,office of ,inspector ,general whistleblower complaints 7a7 ,whistleblower ,protection ,coordinator ,section #c7;d77#a77;,c7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in clause 7i71 in the matter preceding subclause 7,i71 by inserting 1 including employees of that ,office of ,inspector ,general after employees2 and 7#b7 in clause 7iii71 by inserting 7including the ,integrity ,committee of that ,council7 after and ,efficiency4 7b7 ,council of the ,inspectors ,general on ,integrity and ,efficiency ,section #aa7;c77#e77;,b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by striking 1 allegations of reprisal1 and inserting the following3 and allegations of reprisal 7including the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal that are internal to an ,office of ,inspector ,general74