HR4465-119

2. Purpose; EFFECT ON existing law The purpose of this Act is to amend chapters 4, 10, and 131 of title 5, United States Code, as necessary— to keep those chapters current by incorporating laws enacted after October 19, 2021, that are deemed to amend or repeal provisions of those chapters pursuant to section 5 of Public Law 117–286 (136 Stat. 4360); and to correct related technical errors. The amendments made by this Act do not change the meaning or effect of the existing law. The amendments only incorporate laws as described in subsection (a) to reflect existing law in chapters 4, 10, and 131 of title 5, United States Code, and correct related technical errors.

3. Amendments to chapters 4, 10, and 131 of title 5, united states code 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) of title 5, United States Code, is amended— in paragraph (1), by striking section 552a(a) of title 5 and inserting section 552a(a) of this title; and 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 Ccompetitive and inserting 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). (1)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committee on Homeland Security and Governmental Affairs of the Senate; (B)the Committee on Oversight and Accountability of the House of Representatives; and (C)any other relevant congressional committee or subcommittee of jurisdiction.. (5)Inspector generalExcept as otherwise expressly provided, the term Inspector General means the Inspector General of an establishment.. (b)Removal or Transfer (1)Authority of president; written communication (A)In generalAn 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. (B)Written communication requirements in case of open or completed inquiryIf 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— (i)identify each entity that is conducting, or that conducted, the inquiry; and (ii)in the case of a completed inquiry, contain the findings made during the inquiry. (2)Placement on non-duty status (A)Definition of inspector general; certain referencesIn this paragraph: (i)Inspector generalThe term Inspector General— (I)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 (II)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. (ii)Certain references relating to removal or transferA 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— (I)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); (II)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 (III)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)). (B)Authority of presidentSubject to the other provisions of this paragraph, only the President may place an Inspector General on non-duty status. (C)Written communicationIf 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— (i)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 (ii)in the communication, the President includes a report on the determination described in clause (i), which shall include— (I)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; (II)the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i); (III)an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and (IV)in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry. (D)Placing inspector general on non-duty status during specified period before removal or transferThe 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— (i)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 (ii)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.. (h)Vacancy in Position of Inspector General (1)DefinitionsIn this subsection: (A)First assistant to the position of inspector generalThe term first assistant to the position of Inspector General means, with respect to an Office of Inspector General— (i)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— (I)is serving in a position in that Office; and (II)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 (ii)if the Inspector General has not made a designation described in clause (i)(II)— (I)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 (II)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. (B)Inspector generalThe term Inspector General— (i)means an Inspector General who is appointed by the President, by and with the advice and consent of the Senate; and (ii)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. (2)Death, resignation, or inability to perform functionsIf an Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position— (A)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; (B)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 (C)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— (i)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— (I)the requirement under this clause shall not apply if the officer is an Inspector General; and (II)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; (ii)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; (iii)the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and (iv)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. (3)Non-duty statusNotwithstanding 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— (A)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 (B)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— (i)that direction satisfies the requirements under clauses (ii), (iii), and (iv) of paragraph (2)(C); and (ii)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. (4)Acting capacity for 1 inspector general position at a timeAn 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. (5)Thirty-day period before president’s direction takes effectIf 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— (A)the first assistant to the position of Inspector General; or (B)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.. 405.Reports (a)DefinitionsIn this section: (1)Disallowed costsThe term disallowed cost means a questioned cost that management, in a management decision, has sustained or agreed should not be charged to the Government. (2)Final actionThe term final action means— (A)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 (B)in the event that the management of an establishment concludes no action is necessary, final action occurs when a management decision has been made. (3)Management decisionThe 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. (4)Questioned costThe term questioned cost means a cost that is questioned by the Office because of— (A)an alleged violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds; (B)a finding that, at the time of the audit, the cost is not supported by adequate documentation; or (C)a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable. (5)Recommendation that funds be put to better useThe 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— (A)reductions in outlays; (B)deobligation of funds from programs or operations; (C)withdrawal of interest subsidy costs on loans or loan guarantees, insurance, or bonds; (D)costs not incurred by implementing recommended improvements related to the operations of the establishment, a contractor, or grantee; (E)avoidance of unnecessary expenditures noted in preaward reviews of contract or grant agreements; or (F)any other savings which are specifically identified. (6)Senior government employeeThe term senior Government employee means— (A)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 (B)any commissioned officer in the Armed Forces in pay grades O–6 and above. (7)Unsupported costThe 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. (b)Semiannual ReportsEach 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— (1)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; (2)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; (3)a summary of significant investigations closed during the reporting period; (4)an identification of the total number of convictions during the reporting period resulting from investigations; (5)information regarding each audit, inspection, or evaluation report issued during the reporting period, including— (A)a listing of each audit, inspection, or evaluation; and (B)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; (6)information regarding any management decision made during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period; (7)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); (8) (A)an appendix containing the results of any peer review conducted by another Office of Inspector General during the reporting period; or (B)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; (9)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; (10)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; (11)statistical tables showing— (A)the total number of investigative reports issued during the reporting period; (B)the total number of persons referred to the Department of Justice for criminal prosecution during the reporting period; (C)the total number of persons referred to State and local prosecuting authorities for criminal prosecution during the reporting period; and (D)the total number of indictments and criminal informations during the reporting period that resulted from any prior referral to prosecuting authorities; (12)a description of the metrics used for developing the data for the statistical tables under paragraph (11); (13)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— (A)the name of the senior Government employee, if already made public by the Office; and (B)a detailed description of— (i)the facts and circumstances of the investigation; and (ii)the status and disposition of the matter, including— (I)if the matter was referred to the Department of Justice, the date of the referral; and (II)if the Department of Justice declined the referral, the date of the declination; (14) (A)a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and (B)what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable; (15)information related to interference by the establishment, including— (A)a detailed description of any attempt by the establishment to interfere with the independence of the Office, including— (i)with budget constraints designed to limit the capabilities of the Office; and (ii)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 (B)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 (16)detailed descriptions of the particular circumstances of each— (A)inspection, evaluation, and audit conducted by the Office that is closed and was not disclosed to the public; and (B)investigation conducted by the Office involving a senior Government employee that is closed and was not disclosed to the public. (c)Furnishing Semiannual Reports to Head of Establishment and CongressSemiannual 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— (1)any comments the head of the establishment determines appropriate; (2)where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing— (A)with respect to management decisions— (i)for each report, whether a management decision was made during the reporting period; (ii)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 (iii)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 (B)with respect to final actions— (i)whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period; (ii)if final action was taken, the dollar value of— (I)disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise; (II)disallowed costs that were written off by management; (III)disallowed costs and funds to be put to better use not yet recovered or written off by management; (IV)recommendations that were completed; and (V)recommendations that management has subsequently concluded should not or could not be implemented or completed; and (iii)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; (3)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 (4)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— (A)may exclude reports if— (i)a management decision was made within the preceding year; or (ii)the report is under formal administrative or judicial appeal or management of the establishment has agreed to pursue a legislative solution; and (B)shall identify the number of reports in each category so excluded. (d)Reports Available to PublicWithin 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. (e)Reporting Serious Problems, Abuses, or DeficienciesEach 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. (f)Additional Reports Relating to Serious Problems, Abuses, or Deficiencies (1)Report to inspector generalThe 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. (2)Report to president, congress, and the establishmentNot 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— (A)the report received under paragraph (1); and (B)a report by the Inspector General containing any comments the Inspector General determines appropriate. (g)Submission of Information on Work Being Conducted by the Office When There Is Change in Status of Inspector General (1)In generalExcept 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— (A)for each investigation— (i)the type of alleged offense; (ii)the fiscal quarter in which the Office initiated the investigation; (iii)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 (iv)whether the investigation is administrative, civil, criminal, or a combination thereof, if known; and (B)for any work not described in subparagraph (A)— (i)a description of the subject matter and scope; (ii)the relevant agency, including the relevant component of that Federal agency, under review; (iii)the date on which the Office initiated the work; and (iv)the expected time frame for completion. (2)Intelligence communityWith 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. (h)Limitation on Public Disclosure of Information (1)In generalNothing in this section shall be construed to authorize the public disclosure of information that is— (A)specifically prohibited from disclosure by any other provision of law; (B)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 (C)a part of an ongoing criminal investigation. (2)Criminal investigation information in public recordsNotwithstanding 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. (3)Disclosures to congressExcept 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. (4)Provision of information to members of congressSubject 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. (5)Protection of personally identifiable information of whistleblowersAn 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. (6)Notification of, and submission of written response by, non-governmental organizations and business entities identified in reports (A)In generalExcept 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— (i)the Inspector General shall notify the non-governmental organization or business entity; (ii)the non-governmental organization or business entity shall have— (I)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 (II)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 (iii)if a written response is submitted under clause (ii)(II) within the 30-day period described in clause (ii)(I)— (I)the written response shall be attached to the audit, evaluation, inspection, or non-investigative report; and (II)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. (B)Inapplicability to non-governmental organization and business entities that refused to provide assistanceSubparagraph (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. (C)Review of written responseAn 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. (i)Online Publication; LinksIf 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.. (3)Notice to congressional committeesIf 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.. (B)The Committee on Oversight and Accountability, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. (C)Any other relevant congressional committee or subcommittee of jurisdiction.. (3)Statement concerning exercise of powerIf 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.. (1)Reports transmitted to congressional committeesEach 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—. (3)Notification and statement of reasons for exercise of powerIf 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.. (1)Reports to congressional committeesAny 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.. (3)Notification and statement of reasons for exercise of powerIf 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.. (c)ReportsAny 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.. (e)Removal (1)Board, chairman of committee, or commission is head of designated federal entityIn 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. (2)Inspector general removed or transferred (A)In generalIf 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. (B)Written communication requirements in case of open or completed inquiryIf 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— (i)identify each entity that is conducting, or that conducted, the inquiry; and (ii)in the case of a completed inquiry, contain the findings made during the inquiry. (3)Inspector general placement on non-duty status (A)Authority of covered officialSubject 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. (B)Written communicationIf 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— (i)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 (ii)in the communication, the covered official includes a report on the determination described in clause (i), which shall include— (I)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; (II)the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i); (III)an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and (IV)in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry. (C)Placing inspector general on non-duty status during specified period before removal or transferA 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— (i)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 (ii)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. (D)Construction relating to protections and authoritiesNothing in this paragraph may be construed to limit or otherwise modify— (i)any statutory protection that is afforded to an Inspector General; or (ii)any other action that a covered official may take under law with respect to an Inspector General.. (2)Oversight responsibilities of inspector general (A)Postal inspection serviceIn 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. (B)Postal regulatory commissionIn 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.. (i)Access to sensitive informationNotwithstanding 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—. (iii)Notification of reasons for exercise of powerIf 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.. (4)Applicability to activities pertaining to the postal regulatory commissionFor 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.. (a)Definitions; Authority To Determine Whether Complaint or Information Is a Matter of Urgent Concern (1)DefinitionsIn this section: (A)Intelligence committeesThe term intelligence committees means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (B)Urgent concernThe term urgent concern means any of the following: (i)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— (I)a matter of national security; and (II)not a difference of opinion concerning public policy matters. (ii)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. (iii)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. (2)Authority to determine whether complaint or information is a matter of urgent concernWithin 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.. (d)ReportsAny 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.. (II)the appropriate congressional committees.. (E)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.. (D)Report on expendituresNot 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.. (iii)Availability of information to congress on certain allegations of wrongdoing closed without referralWith 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— (I)the Chair and Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate; and (II)the Chair and Ranking Minority Member of the Committee on Oversight and Accountability of the House of Representatives.. (9)Semiannual reportOn 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): (A)An overview and analysis of the allegations of wrongdoing disposed of by the Integrity Committee, including— (i)analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions; (ii)analysis of the categories or types of the allegations of wrongdoing; and (iii)a summary of disposition of all the allegations. (B)The number of allegations received by the Integrity Committee. (C)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. (D)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. (E)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— (i)analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions; (ii)analysis of the categories or types of the allegations of wrongdoing; and (iii)a summary of disposition of all the allegations. (F)The number and category or type of pending investigations. (G)For each allegation received— (i)the date on which the investigation was opened; (ii)the date on which the allegation was disposed of, as applicable; and (iii)the case number associated with the allegation. (H)The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without referral. (I)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— (i)any attempt to prevent or hinder an investigation; or (ii)concerns about the integrity or operations at an Office of Inspector General. (J)Other matters that the Council considers appropriate.. (11)Each judicial officer. (12)Each bankruptcy judge appointed under section 152 of title 28. (13)Each United States magistrate judge appointed under section 631 of title 28.. (c)Online Publication of Financial Disclosure Reports of Federal Judges (1)Establishment of databaseSubject 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. (2)AvailabilityNot 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. (3)RedactionAny report made available on the database established under paragraph (1) shall not contain any information that is redacted in accordance with subsection (b)(3). (4)Additional time (A)In generalSubject 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. (B)Publication requirementThe 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..

405. Reports 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.

4. Subsequent amendments Section 405(c) of title 5, United States Code, as amended by section 3(a)(4), is further amended— in paragraph (3), by striking and at the end; by redesignating paragraph (4) as paragraph (5); and by inserting after paragraph (3) the following: information relating to cases under chapter 38 of title 31, including— the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of title 31; actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing— pending cases; resolved cases; the average length of time to resolve each case; the number of final agency decisions that were appealed to a district court of the United States or a higher court; and if the total number of cases in a report is greater than 2— the number of cases that were settled; and the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and instances in which the reviewing official declined to proceed on a case reported by an investigating official; and Effective on December 23, 2024, section 5203(e) of the Law Enforcement And Victim Support Act of 2024 (Public Law 118–159, div. E, title LII, subtitle A, 138 Stat. 2441) is repealed. Paragraph (1) shall take effect as if enacted on December 23, 2024. Section 413 of title 5, United States Code, is amended by adding at the end the following: In this subsection: The term appropriate congressional committees means— the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on the Judiciary and the Committee on Oversight and Government Reform of the House of Representatives. The term Bureau means the Bureau of Prisons. The term covered facility— means a correctional facility operated by the Bureau; and does not include a post-incarceration residential reentry center. The term family advocate includes— a grandparent, parent, sibling, spouse or domestic partner, child, aunt, uncle, cousin, niece, nephew, grandchild, or any other individual related to an individual by blood, adoption, marriage, civil union, a romantic or fostering relationship; or a friend of— the incarcerated person; or the family of the incarcerated person. The term Inspector General means the Inspector General of the Department of Justice. The term Ombudsman means the Ombudsman established under paragraph (3)(A). The term representative of an incarcerated person includes paid or unpaid legal counsel or any other person or entity chosen by an incarcerated person to represent the interests of the incarcerated person. The term sexual abuse has the meaning given that term in section 115.6 of title 28, Code of Federal Regulations (or any successor regulation). The term staff means employees and contractors of the Bureau. The Inspector General shall conduct periodic inspections of covered facilities pursuant to the requirements of this subsection. The Attorney General shall ensure that the Inspector General has access to— any covered facility (including the incarcerated people, detainees, staff, and bargaining unit representative organization) in accordance with paragraph (4); and any other information that the Inspector General determines is necessary to carry out this subsection. An inspection of a covered facility under this subsection may be announced or unannounced. In developing the inspections regime under this subsection, the Inspector General is encouraged to consult formerly incarcerated people, family or representatives of incarcerated people, and community advocates. An inspection of a covered facility under this subsection may include an assessment of the following: The policies, procedures, and administrative guidance of the covered facility. The conditions of confinement. Working conditions for staff. The availability of evidence-based recidivism reduction programs and productive activities, as those terms are defined in section 3635 of title 18, and the application of earned time credits pursuant to section 3632 of title 18. The policies and procedures relating to visitation. The policies and practices relating to classification and housing. The policies and practices relating to the use of single-cell confinement, administrative segregation, and other forms of restrictive housing. The medical facilities and medical and mental health care, programs, procedures, and policies, including the number and qualifications of medical and mental health staff and the availability of sex-specific and trauma-responsive care for incarcerated people. Medical services and mental health resources for staff. Lockdowns at the covered facility. Credible allegations of incidents involving excessive use of force, completed, attempted, or threatened violence, including sexual abuse, or misconduct committed against incarcerated people. Credible allegations of incidents involving completed, attempted, or threatened violence, including sexual violence or sexual abuse, committed against staff. Adequacy of staffing at the covered facility, including the number and job assignments of staff, the ratio of staff to inmates at the covered facility, the staff position vacancy rate at the covered facility, and the use of overtime, mandatory overtime, and augmentation. Deaths or serious injuries of incarcerated people or staff that occurred at the covered facility. The existence of contraband that jeopardizes the health or safety of incarcerated people or staff, including incident reports, referrals for criminal prosecution, and confirmed prosecutions. Access of incarcerated people to— legal counsel, including confidential meetings and communications; discovery and other case-related legal materials; and the law library at the covered facility. Any aspect of the operation of the covered facility that the Inspector General determines to be necessary over the course of an inspection. An inspection of a covered facility under this subsection shall be conducted on a schedule based on the combined risk score of the covered facility as described in subparagraph (E) and the following considerations: Higher risk covered facilities shall receive more frequent inspections. The Inspector General shall reevaluate the combined risk score methodology and inspection schedule periodically and may alter 1 or both to ensure that higher risk covered facilities are identified and receiving the appropriate frequency of inspection. A determination by the Inspector General that 1 or more of the criteria listed in subparagraph (B) should be inspected, with regard to a covered facility or group of covered facilities, shall be considered. Not later than 6 months after the completion of an inspection of a covered facility under this subsection, or a group of inspections that assess the same or similar issues at more than 1 covered facility, the Inspector General shall submit to the Attorney General, the appropriate congressional committees, employee representative organizations, and the public a final copy of the report that addresses 1 or more of the following topics: A characterization of the conditions of confinement and working conditions, including a summary of the inspection criteria reviewed under clauses (ii) and (iii) of subparagraph (B). Recommendations made to the covered facility to improve safety and conditions within the covered facility, including recommendations regarding staffing. A recommended timeline for the next inspection and assessment, which shall not limit the authority of the Inspector General to perform additional inspections and assessments, announced or unannounced. Any other issues or matters identified during the inspection of the covered facility or covered facilities. In developing the recommendations described in clause (i), the Inspector General may consult with stakeholders, including employee representative organizations. Not later than 18 months after July 25, 2024, the Inspector General shall establish methodology and protocols for determining the combined risk score of a covered facility, which— shall be delivered to the appropriate congressional committees; and may be based on— frequency and duration of lockdowns; availability of programming; staffing levels; access to adequate physical and mental health resources; incidences of physical assault, neglect, or sexual abuse; opportunity to maintain family ties through phone calls, video calls, mail, email, and visitation; adequacy of the nutrition provided; amount or frequency of staff discipline cases; amount or frequency of misconduct by people incarcerated at the covered facility; access of incarcerated people to— legal counsel, including confidential meetings and communications; discovery and other case-related legal materials; and the law library at the covered facility; and other factors as determined by the Inspector General. Not later than 60 days after the date on which the Inspector General issues a report under subparagraph (D), the Bureau shall respond in writing to the inspection report, which shall include a corrective action plan. Each response and action plan described in clause (i) shall be made available to the public on the website of the Inspector General. The Inspector General may conduct additional inspections or investigations, announced or unannounced, to monitor the compliance of the Bureau with a corrective action plan described in clause (i). The authority in this paragraph is consistent with and does not supersede, conflict with, or otherwise alter the authority provided to the Inspector General under section 406 of this title. Not later than 1 year after July 25, 2024, the Attorney General shall establish in the Department of Justice an Ombudsman who— may receive a complaint from an incarcerated person, a family advocate, a representative of an incarcerated person, staff, a representative of staff, a Member of Congress, or a member of the judicial branch of the Federal Government regarding issues that may adversely affect the health, safety, welfare, or rights of incarcerated people or staff, including— abuse or neglect; the conditions of confinement, including the availability of health care; working conditions of staff; decisions, administrative actions, or guidance of the Bureau, including those relating to prison staffing; inaction or omissions by the Bureau, including failure to consider or respond to complaints or grievances by incarcerated people or staff promptly or appropriately; policies, rules, or procedures of the Bureau, including gross mismanagement; and alleged violations of non-criminal law by staff or incarcerated people that may adversely affect the health, safety, welfare, or rights of any person; may refer a complainant and others to appropriate resources or Federal agencies; may make inquiries and recommend actions to appropriate entities on behalf of a complainant, the Ombudsman, or others; and may decline to investigate or take any action with respect to any complaint; and in any case in which the Ombudsman declines to investigate or take any action under clause (iv), shall notify the complainant in writing of the decision not to investigate or take any action and the reasons for the decision. The Ombudsman— may not levy any fees for the submission or investigation of complaints; may not investigate— any complaints relating to the underlying criminal conviction of an incarcerated person; a complaint from staff that relates to the employment or contractual relationship of the staff member with the Bureau, unless the complaint is related to the health, safety, welfare, working conditions, gross mismanagement of a covered facility, or rehabilitation of incarcerated people; or subject to clause (iii), any allegation of criminal or administrative misconduct, as described in subsection (b)(2); and with respect to clause (ii)(III), shall refer any matter covered by subsection (b)(2) to the Inspector General, who may, at the discretion of the Inspector General, refer the allegations back to the Ombudsman or the internal affairs office of the appropriate component of the Department of Justice. At the conclusion of an investigation of a complaint, the Ombudsman shall— render a decision on the merits of each complaint; communicate the decision to the complainant, if any, and to the Bureau; and state the recommendations and reasoning of the Ombudsman if, in the opinion of the Ombudsman, the Bureau or any employee of the Bureau should— consider the matter further; modify or cancel any action; alter a rule, practice, or ruling; explain in detail the administrative action in question; or rectify an omission. If the Ombudsman so requests, the Bureau shall, within the time specified, respond to any inquiry or request for information from the Ombudsman and inform the Ombudsman about any action taken on the recommendations provided by the Ombudsman or the reasons for not complying with any request for information or recommendations. If the Ombudsman believes, based on an investigation conducted by the Ombudsman, that there has been or continues to be a significant health, safety, welfare, working conditions, or rehabilitation issue, the Ombudsman shall report the finding to the Attorney General and the appropriate congressional committees. In the event that the Bureau conducts an internal disciplinary investigation or review of 1 or more staff members of the Bureau as a result of an investigation by the Ombudsman, the Ombudsman may monitor the internal disciplinary action to ensure a fair and objective process. Except as provided in clause (ii), on demand, in person or in writing and with or without prior notice, the Inspector General and the Ombudsman shall be granted access to all Bureau facilities, which shall include— all areas that are used by incarcerated people, all areas that are accessible to incarcerated people, and access to programs for incarcerated people at any time of day; and the opportunity to— conduct private and confidential interviews with any incarcerated person, staff, employee representative organization, or other person; and communicate privately and confidentially, both formally and informally, with incarcerated people or staff by telephone, mail, electronic communication, and in person, which shall not be monitored or recorded by or conducted in the presence of staff. Clause (i) shall not apply in situations where the head of the covered facility provides evidence to the Inspector General or the Ombudsman that there is risk of serious and immediate physical harm to visitors due to an ongoing event that requires restricting access to the facility. Access to Bureau facilities under subparagraph (A) is for the purposes of— conducting announced or unannounced inspections by the Inspector General as described in paragraph (2), including inspections to monitor the compliance of the Bureau with a corrective action plan described in paragraph (2)(F)(i); conducting an investigation or other activity by the Ombudsman as described in paragraph (3); and inspecting, viewing, photographing, and video recording all areas of the facility that are used by incarcerated people or are accessible to incarcerated people. The Inspector General and the Ombudsman have the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the Bureau that the Inspector General or the Ombudsman considers necessary in an inspection, investigation, or other activity. The Bureau shall assist the Inspector General and the Ombudsman in obtaining the necessary releases for the information, records, or documents under subclause (I) that are specifically restricted or privileged for use by the Bureau. Following notification from the Inspector General or the Ombudsman with a written demand for access to Bureau records, the Bureau shall provide access to the requested documentation in a manner consistent with section 552a of this title— not later than 30 business days after receipt of the written request; or in the case of records pertaining to the death of an incarcerated person or staff, threats of bodily harm including sexual or physical assaults, or the denial or delay of necessary medical treatment, not later than 10 business days after receipt of the written request, unless the Inspector General or the Ombudsman consents to an extension of that time frame. The Inspector General and the Ombudsman shall— develop procedures— to ensure that the Inspector General has access to, and the right to review and investigate, any allegations received by the Ombudsman to ensure that the Inspector General may carry out the authorities provided to the Inspector General under this chapter; and that may provide that the Inspector General and the Ombudsman will determine certain categories of allegations that are not necessary for the Inspector General to review prior to the Ombudsman proceeding; work with the Bureau to minimize disruption to the operations of the Bureau due to inspections, investigations, or other activity; comply with the security clearance processes of the Bureau, if these processes do not impede the activities described in this subsection; and limit the public release of any photographs or video recordings that would jeopardize— the safety, security, or good order of a covered facility or the Bureau; or public safety. The authority in this paragraph is consistent with and does not supersede, conflict with, or otherwise alter the authority provided to the Inspector General under section 406 of this title. Correspondence and communication with the Inspector General and the Ombudsman, including communication regarding an issue described in section 4051 of title 18, is confidential and shall be protected as privileged correspondence in the same manner as legal correspondence or communications. Subject to subparagraph (C), the Inspector General and the Ombudsman shall establish confidentiality procedures for all information maintained by the respective office to ensure that, to the greatest extent practicable, before, during, or after an investigation— staff are not aware of the identity of a complainant; and other incarcerated people are not aware of the identity of a complainant. The Inspector General and the Ombudsman may disclose identifying information for the sole purpose of carrying out an investigation and as otherwise authorized under section 407(b) of this title. The Ombudsman shall create a secure online form to be made available on the website of the Ombudsman where the family advocates and representatives of incarcerated people can submit complaints and inquiries on issues identified in paragraph (3)(A)(i) on behalf of an individual incarcerated at a covered facility. The Ombudsman shall create a telephone hotline through which family advocates and representatives of incarcerated people can call to file complaints and inquiries on issues identified in paragraph (3)(A)(i) on behalf of an individual incarcerated at a covered facility. The Bureau shall provide multiple internal ways for incarcerated individuals in covered facilities to privately submit to the Ombudsman complaints and inquiries on issues identified in paragraph (3)(A)(i). The Bureau shall also provide not less than 1 process for incarcerated individuals in covered facilities to submit complaints and inquiries on issues identified in paragraph (3)(A)(i) to a public or private entity or office that is not part of the Bureau and that is able to receive and immediately forward complaints and inquiries to the Ombudsman, allowing the incarcerated individual to remain anonymous on request. Not later than 5 business days after submission of a complaint or inquiry under subparagraph (A) or (B), the Ombudsman shall confirm receipt. Not later than 15 business days after issuing the confirmation under clause (i), the Ombudsman shall make a determination as to whether any action is warranted and notify the complainant of the determination. If the Ombudsman has determined that action is unwarranted under clause (ii), the Ombudsman shall provide a written statement explaining the decision to the complainant. The Ombudsman shall coordinate with the Bureau to educate incarcerated people, representatives of incarcerated people, and the public about the existence and functions of the Ombudsman. Nothing in this paragraph shall be construed as a necessary administrative remedy required for exhaustion under section 7(a) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(a)). The Bureau and staff of the Bureau shall not discharge, retaliate against, or in any manner discriminate against any complainant or any person or entity that has instituted or caused to be instituted any proceeding, investigation, or inspection under or related to this subsection. Any alleged discharge of, retaliation against, or discrimination against a complainant, person, or entity because of a complaint, investigation, or inspection may be considered by the Ombudsman as an appropriate subject of an investigation or other activity. The Attorney General and the Inspector General shall ensure that implementation of this subsection is consistent with section 552a of this title and all other applicable laws, and respects appropriate due process protections for staff. Nothing in this paragraph shall be construed to modify, supersede, or otherwise affect the authority of the Inspector General to access all records, reports, audits, reviews, documents, papers, recommendations, or other materials, as authorized by section 406(a) of this title. It is the sense of Congress that the amount allocated to the Inspector General and the Ombudsman to carry out the activities described in this subsection should equal an amount between 0.2 percent and 0.5 percent of the annual appropriation for the Bureau. This subsection shall take effect on the date that is 90 days after the date on which appropriations are made available to the Inspector General of the Department of Justice and the Department of Justice for the specific purpose of carrying out this subsection, the Federal Prison Oversight Act (Public Law 118–71, 138 Stat. 1492), and the amendments made by that Act. Effective on July 25, 2024, section 2(a) of the of the Federal Prison Oversight Act (Public Law 118–71, 138 Stat. 1492) is repealed. Paragraph (1) shall take effect as if enacted on July 25, 2024. Section 416(a)(1) of title 5, United States Code, as amended by section 3(a)(10), is further amended— by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; by inserting before subparagraph (B), as redesignated, the following: The term employee includes a former employee or former contractor, if the complaint or information reported pursuant to this section arises from or relates to the period during which the former employee or former contractor was an employee or contractor, as the case may be. by inserting after subparagraph (B), as redesignated, the following: The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). Effective on December 23, 2024, sections 6701(c)(1) and 6702(c)(1) of the Intelligence Authorization Act for Fiscal Year 2025 (Pub. L. 118–159, div. F, title LXVII, 138 Stat. 2512, 2514) are repealed. Paragraph (1) shall take effect as if enacted on December 23, 2024. (4)information relating to cases under chapter 38 of title 31, including— (A)the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of title 31; (B)actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing— (i)pending cases; (ii)resolved cases; (iii)the average length of time to resolve each case; (iv)the number of final agency decisions that were appealed to a district court of the United States or a higher court; and (v)if the total number of cases in a report is greater than 2— (I)the number of cases that were settled; and (II)the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and (C)instances in which the reviewing official declined to proceed on a case reported by an investigating official; and. (e)Inspections Regime (1)DefinitionsIn this subsection: (A)Appropriate congressional committeesThe term appropriate congressional committees means— (i)the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii)the Committee on the Judiciary and the Committee on Oversight and Government Reform of the House of Representatives. (B)BureauThe term Bureau means the Bureau of Prisons. (C)Covered facilityThe term covered facility— (i)means a correctional facility operated by the Bureau; and (ii)does not include a post-incarceration residential reentry center. (D)Family advocateThe term family advocate includes— (i)a grandparent, parent, sibling, spouse or domestic partner, child, aunt, uncle, cousin, niece, nephew, grandchild, or any other individual related to an individual by blood, adoption, marriage, civil union, a romantic or fostering relationship; or (ii)a friend of— (I)the incarcerated person; or (II)the family of the incarcerated person. (E)Inspection generalThe term Inspector General means the Inspector General of the Department of Justice. (F)OmbudsmanThe term Ombudsman means the Ombudsman established under paragraph (3)(A). (G)Representative of an incarcerated personThe term representative of an incarcerated person includes paid or unpaid legal counsel or any other person or entity chosen by an incarcerated person to represent the interests of the incarcerated person. (H)Sexual abuseThe term sexual abuse has the meaning given that term in section 115.6 of title 28, Code of Federal Regulations (or any successor regulation). (I)StaffThe term staff means employees and contractors of the Bureau. (2)Inspections of covered facilities by the inspector general (A)Establishment of inspections regime (i)In generalThe Inspector General shall conduct periodic inspections of covered facilities pursuant to the requirements of this subsection. (ii)Access to covered facilitiesThe Attorney General shall ensure that the Inspector General has access to— (I)any covered facility (including the incarcerated people, detainees, staff, and bargaining unit representative organization) in accordance with paragraph (4); and (II)any other information that the Inspector General determines is necessary to carry out this subsection. (iii)Notice of inspectionsAn inspection of a covered facility under this subsection may be announced or unannounced. (iv)Community inputIn developing the inspections regime under this subsection, the Inspector General is encouraged to consult formerly incarcerated people, family or representatives of incarcerated people, and community advocates. (B)Inspection criteriaAn inspection of a covered facility under this subsection may include an assessment of the following: (i)The policies, procedures, and administrative guidance of the covered facility. (ii)The conditions of confinement. (iii)Working conditions for staff. (iv)The availability of evidence-based recidivism reduction programs and productive activities, as those terms are defined in section 3635 of title 18, and the application of earned time credits pursuant to section 3632 of title 18. (v)The policies and procedures relating to visitation. (vi)The policies and practices relating to classification and housing. (vii)The policies and practices relating to the use of single-cell confinement, administrative segregation, and other forms of restrictive housing. (viii)The medical facilities and medical and mental health care, programs, procedures, and policies, including the number and qualifications of medical and mental health staff and the availability of sex-specific and trauma-responsive care for incarcerated people. (ix)Medical services and mental health resources for staff. (x)Lockdowns at the covered facility. (xi)Credible allegations of incidents involving excessive use of force, completed, attempted, or threatened violence, including sexual abuse, or misconduct committed against incarcerated people. (xii)Credible allegations of incidents involving completed, attempted, or threatened violence, including sexual violence or sexual abuse, committed against staff. (xiii)Adequacy of staffing at the covered facility, including the number and job assignments of staff, the ratio of staff to inmates at the covered facility, the staff position vacancy rate at the covered facility, and the use of overtime, mandatory overtime, and augmentation. (xiv)Deaths or serious injuries of incarcerated people or staff that occurred at the covered facility. (xv)The existence of contraband that jeopardizes the health or safety of incarcerated people or staff, including incident reports, referrals for criminal prosecution, and confirmed prosecutions. (xvi)Access of incarcerated people to— (I)legal counsel, including confidential meetings and communications; (II)discovery and other case-related legal materials; and (III)the law library at the covered facility. (xvii)Any aspect of the operation of the covered facility that the Inspector General determines to be necessary over the course of an inspection. (C)Inspection scheduleAn inspection of a covered facility under this subsection shall be conducted on a schedule based on the combined risk score of the covered facility as described in subparagraph (E) and the following considerations: (i)Higher risk covered facilities shall receive more frequent inspections. (ii)The Inspector General shall reevaluate the combined risk score methodology and inspection schedule periodically and may alter 1 or both to ensure that higher risk covered facilities are identified and receiving the appropriate frequency of inspection. (iii)A determination by the Inspector General that 1 or more of the criteria listed in subparagraph (B) should be inspected, with regard to a covered facility or group of covered facilities, shall be considered. (D)Report (i)In generalNot later than 6 months after the completion of an inspection of a covered facility under this subsection, or a group of inspections that assess the same or similar issues at more than 1 covered facility, the Inspector General shall submit to the Attorney General, the appropriate congressional committees, employee representative organizations, and the public a final copy of the report that addresses 1 or more of the following topics: (I)A characterization of the conditions of confinement and working conditions, including a summary of the inspection criteria reviewed under clauses (ii) and (iii) of subparagraph (B). (II)Recommendations made to the covered facility to improve safety and conditions within the covered facility, including recommendations regarding staffing. (III)A recommended timeline for the next inspection and assessment, which shall not limit the authority of the Inspector General to perform additional inspections and assessments, announced or unannounced. (IV)Any other issues or matters identified during the inspection of the covered facility or covered facilities. (ii)Consultation with stakeholdersIn developing the recommendations described in clause (i), the Inspector General may consult with stakeholders, including employee representative organizations. (E)Risk scoreNot later than 18 months after July 25, 2024, the Inspector General shall establish methodology and protocols for determining the combined risk score of a covered facility, which— (i)shall be delivered to the appropriate congressional committees; and (ii)may be based on— (I)frequency and duration of lockdowns; (II)availability of programming; (III)staffing levels; (IV)access to adequate physical and mental health resources; (V)incidences of physical assault, neglect, or sexual abuse; (VI)opportunity to maintain family ties through phone calls, video calls, mail, email, and visitation; (VII)adequacy of the nutrition provided; (VIII)amount or frequency of staff discipline cases; (IX)amount or frequency of misconduct by people incarcerated at the covered facility; (X)access of incarcerated people to— (aa)legal counsel, including confidential meetings and communications; (bb)discovery and other case-related legal materials; and (cc)the law library at the covered facility; and (XI)other factors as determined by the Inspector General. (F)Bureau response to report (i)In generalNot later than 60 days after the date on which the Inspector General issues a report under subparagraph (D), the Bureau shall respond in writing to the inspection report, which shall include a corrective action plan. (ii)Public availabilityEach response and action plan described in clause (i) shall be made available to the public on the website of the Inspector General. (iii)Compliance with corrective action planThe Inspector General may conduct additional inspections or investigations, announced or unannounced, to monitor the compliance of the Bureau with a corrective action plan described in clause (i). (G)Rule of constructionThe authority in this paragraph is consistent with and does not supersede, conflict with, or otherwise alter the authority provided to the Inspector General under section 406 of this title. (3)Ombudsman (A)In generalNot later than 1 year after July 25, 2024, the Attorney General shall establish in the Department of Justice an Ombudsman who— (i)may receive a complaint from an incarcerated person, a family advocate, a representative of an incarcerated person, staff, a representative of staff, a Member of Congress, or a member of the judicial branch of the Federal Government regarding issues that may adversely affect the health, safety, welfare, or rights of incarcerated people or staff, including— (I)abuse or neglect; (II)the conditions of confinement, including the availability of health care; (III)working conditions of staff; (IV)decisions, administrative actions, or guidance of the Bureau, including those relating to prison staffing; (V)inaction or omissions by the Bureau, including failure to consider or respond to complaints or grievances by incarcerated people or staff promptly or appropriately; (VI)policies, rules, or procedures of the Bureau, including gross mismanagement; and (VII)alleged violations of non-criminal law by staff or incarcerated people that may adversely affect the health, safety, welfare, or rights of any person; (ii)may refer a complainant and others to appropriate resources or Federal agencies; (iii)may make inquiries and recommend actions to appropriate entities on behalf of a complainant, the Ombudsman, or others; and (iv)may decline to investigate or take any action with respect to any complaint; and (v)in any case in which the Ombudsman declines to investigate or take any action under clause (iv), shall notify the complainant in writing of the decision not to investigate or take any action and the reasons for the decision. (B)Limitations on authorityThe Ombudsman— (i)may not levy any fees for the submission or investigation of complaints; (ii)may not investigate— (I)any complaints relating to the underlying criminal conviction of an incarcerated person; (II)a complaint from staff that relates to the employment or contractual relationship of the staff member with the Bureau, unless the complaint is related to the health, safety, welfare, working conditions, gross mismanagement of a covered facility, or rehabilitation of incarcerated people; or (III)subject to clause (iii), any allegation of criminal or administrative misconduct, as described in subsection (b)(2); and (iii)with respect to clause (ii)(III), shall refer any matter covered by subsection (b)(2) to the Inspector General, who may, at the discretion of the Inspector General, refer the allegations back to the Ombudsman or the internal affairs office of the appropriate component of the Department of Justice. (C)Decision on the merits of a complaintAt the conclusion of an investigation of a complaint, the Ombudsman shall— (i)render a decision on the merits of each complaint; (ii)communicate the decision to the complainant, if any, and to the Bureau; and (iii)state the recommendations and reasoning of the Ombudsman if, in the opinion of the Ombudsman, the Bureau or any employee of the Bureau should— (I)consider the matter further; (II)modify or cancel any action; (III)alter a rule, practice, or ruling; (IV)explain in detail the administrative action in question; or (V)rectify an omission. (D)Actions following a decision by the ombudsman (i)Request for information about actions takenIf the Ombudsman so requests, the Bureau shall, within the time specified, respond to any inquiry or request for information from the Ombudsman and inform the Ombudsman about any action taken on the recommendations provided by the Ombudsman or the reasons for not complying with any request for information or recommendations. (ii)Reporting of continuing issuesIf the Ombudsman believes, based on an investigation conducted by the Ombudsman, that there has been or continues to be a significant health, safety, welfare, working conditions, or rehabilitation issue, the Ombudsman shall report the finding to the Attorney General and the appropriate congressional committees. (iii)Monitoring of internal disciplinary actions of the bureauIn the event that the Bureau conducts an internal disciplinary investigation or review of 1 or more staff members of the Bureau as a result of an investigation by the Ombudsman, the Ombudsman may monitor the internal disciplinary action to ensure a fair and objective process. (4)Inspector general and ombudsman access to bureau of prisons facilities (A)In general (i)Access to bureau facilitiesExcept as provided in clause (ii), on demand, in person or in writing and with or without prior notice, the Inspector General and the Ombudsman shall be granted access to all Bureau facilities, which shall include— (I)all areas that are used by incarcerated people, all areas that are accessible to incarcerated people, and access to programs for incarcerated people at any time of day; and (II)the opportunity to— (aa)conduct private and confidential interviews with any incarcerated person, staff, employee representative organization, or other person; and (bb)communicate privately and confidentially, both formally and informally, with incarcerated people or staff by telephone, mail, electronic communication, and in person, which shall not be monitored or recorded by or conducted in the presence of staff. (ii)ExceptionClause (i) shall not apply in situations where the head of the covered facility provides evidence to the Inspector General or the Ombudsman that there is risk of serious and immediate physical harm to visitors due to an ongoing event that requires restricting access to the facility. (B)Purpose of visitsAccess to Bureau facilities under subparagraph (A) is for the purposes of— (i)conducting announced or unannounced inspections by the Inspector General as described in paragraph (2), including inspections to monitor the compliance of the Bureau with a corrective action plan described in paragraph (2)(F)(i); (ii)conducting an investigation or other activity by the Ombudsman as described in paragraph (3); and (iii)inspecting, viewing, photographing, and video recording all areas of the facility that are used by incarcerated people or are accessible to incarcerated people. (C)Access to documents (i)In general (I)The Inspector General and the Ombudsman have the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the Bureau that the Inspector General or the Ombudsman considers necessary in an inspection, investigation, or other activity. (II)Restricted or privileged documentsThe Bureau shall assist the Inspector General and the Ombudsman in obtaining the necessary releases for the information, records, or documents under subclause (I) that are specifically restricted or privileged for use by the Bureau. (ii)Production of recordsFollowing notification from the Inspector General or the Ombudsman with a written demand for access to Bureau records, the Bureau shall provide access to the requested documentation in a manner consistent with section 552a of this title— (I)not later than 30 business days after receipt of the written request; or (II)in the case of records pertaining to the death of an incarcerated person or staff, threats of bodily harm including sexual or physical assaults, or the denial or delay of necessary medical treatment, not later than 10 business days after receipt of the written request, unless the Inspector General or the Ombudsman consents to an extension of that time frame. (D)Minimize disruption of operationsThe Inspector General and the Ombudsman shall— (i)develop procedures— (I)to ensure that the Inspector General has access to, and the right to review and investigate, any allegations received by the Ombudsman to ensure that the Inspector General may carry out the authorities provided to the Inspector General under this chapter; and (II)that may provide that the Inspector General and the Ombudsman will determine certain categories of allegations that are not necessary for the Inspector General to review prior to the Ombudsman proceeding; (ii)work with the Bureau to minimize disruption to the operations of the Bureau due to inspections, investigations, or other activity; (iii)comply with the security clearance processes of the Bureau, if these processes do not impede the activities described in this subsection; and (iv)limit the public release of any photographs or video recordings that would jeopardize— (I)the safety, security, or good order of a covered facility or the Bureau; or (II)public safety. (E)Rule of constructionThe authority in this paragraph is consistent with and does not supersede, conflict with, or otherwise alter the authority provided to the Inspector General under section 406 of this title. (5)Confidentiality (A)In generalCorrespondence and communication with the Inspector General and the Ombudsman, including communication regarding an issue described in section 4051 of title 18, is confidential and shall be protected as privileged correspondence in the same manner as legal correspondence or communications. (B)ProceduresSubject to subparagraph (C), the Inspector General and the Ombudsman shall establish confidentiality procedures for all information maintained by the respective office to ensure that, to the greatest extent practicable, before, during, or after an investigation— (i)staff are not aware of the identity of a complainant; and (ii)other incarcerated people are not aware of the identity of a complainant. (C)ExceptionThe Inspector General and the Ombudsman may disclose identifying information for the sole purpose of carrying out an investigation and as otherwise authorized under section 407(b) of this title. (6)Filing complaints (A)Filing complaints on behalf of an incarcerated individual (i)Online formThe Ombudsman shall create a secure online form to be made available on the website of the Ombudsman where the family advocates and representatives of incarcerated people can submit complaints and inquiries on issues identified in paragraph (3)(A)(i) on behalf of an individual incarcerated at a covered facility. (ii)Telephone hotlineThe Ombudsman shall create a telephone hotline through which family advocates and representatives of incarcerated people can call to file complaints and inquiries on issues identified in paragraph (3)(A)(i) on behalf of an individual incarcerated at a covered facility. (B)Filing complaints by an incarcerated individual (i)Internal private submissionThe Bureau shall provide multiple internal ways for incarcerated individuals in covered facilities to privately submit to the Ombudsman complaints and inquiries on issues identified in paragraph (3)(A)(i). (ii)Submission via independent entityThe Bureau shall also provide not less than 1 process for incarcerated individuals in covered facilities to submit complaints and inquiries on issues identified in paragraph (3)(A)(i) to a public or private entity or office that is not part of the Bureau and that is able to receive and immediately forward complaints and inquiries to the Ombudsman, allowing the incarcerated individual to remain anonymous on request. (C)Determination (i)Confirmation of receiptNot later than 5 business days after submission of a complaint or inquiry under subparagraph (A) or (B), the Ombudsman shall confirm receipt. (ii)DeterminationNot later than 15 business days after issuing the confirmation under clause (i), the Ombudsman shall make a determination as to whether any action is warranted and notify the complainant of the determination. (iii)Statement regarding decisionIf the Ombudsman has determined that action is unwarranted under clause (ii), the Ombudsman shall provide a written statement explaining the decision to the complainant. (D)Public educationThe Ombudsman shall coordinate with the Bureau to educate incarcerated people, representatives of incarcerated people, and the public about the existence and functions of the Ombudsman. (E)Administrative exhaustionNothing in this paragraph shall be construed as a necessary administrative remedy required for exhaustion under section 7(a) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(a)). (7)Prohibition on retaliation (A)In generalThe Bureau and staff of the Bureau shall not discharge, retaliate against, or in any manner discriminate against any complainant or any person or entity that has instituted or caused to be instituted any proceeding, investigation, or inspection under or related to this subsection. (B)InvestigationAny alleged discharge of, retaliation against, or discrimination against a complainant, person, or entity because of a complaint, investigation, or inspection may be considered by the Ombudsman as an appropriate subject of an investigation or other activity. (8)Due process protections (A)In generalThe Attorney General and the Inspector General shall ensure that implementation of this subsection is consistent with section 552a of this title and all other applicable laws, and respects appropriate due process protections for staff. (B)Rule of constructionNothing in this paragraph shall be construed to modify, supersede, or otherwise affect the authority of the Inspector General to access all records, reports, audits, reviews, documents, papers, recommendations, or other materials, as authorized by section 406(a) of this title. (9)Percentage of annual appropriation for the bureau of prisonsIt is the sense of Congress that the amount allocated to the Inspector General and the Ombudsman to carry out the activities described in this subsection should equal an amount between 0.2 percent and 0.5 percent of the annual appropriation for the Bureau. (10)Effective dateThis subsection shall take effect on the date that is 90 days after the date on which appropriations are made available to the Inspector General of the Department of Justice and the Department of Justice for the specific purpose of carrying out this subsection, the Federal Prison Oversight Act (Public Law 118–71, 138 Stat. 1492), and the amendments made by that Act. (A)EmployeeThe term employee includes a former employee or former contractor, if the complaint or information reported pursuant to this section arises from or relates to the period during which the former employee or former contractor was an employee or contractor, as the case may be.; and (C)Intelligence communityThe term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)..

6. Transitional and savings provisions The term incorporated amendment means an amendment made by section 3 of this Act as described in subsection (b)(1). The term original amendment means an amendment to a source provision enacted after October 19, 2021. The term source provision has the meaning given the term in section 5(a) of Public Law 117–286 (136 Stat. 4360). The amendments made by section 3 of this Act do not affect any law except— to incorporate original amendments into chapters 4, 10, and 131 of title 5, United States Code, to keep those chapters current through March 15, 2025; and to correct related technical errors. An incorporated amendment is deemed to have been enacted on the date of enactment of the corresponding original amendment. An incorporated amendment— does not change or affect an original amendment; and does not change or affect any law that is not otherwise changed or affected by an original amendment.