FALCON Act

Chapter 4 of title 5, United States Code, is amended by adding at the end the following:

In this section:

The term appropriate congressional committees means—

(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

(B) the Committee on Oversight and Government Reform of the House of Representatives; and

(C) any other relevant congressional committee or subcommittee of jurisdiction.

The term covered agency means the following:

(A) An establishment.

(B) A designated Federal entity, as defined in section 415.

The term covered request —

(A) means a request for information, access, or assistance under section 406, including an interview or access for documents; and

(B) does not include a request for—

(i) access to any information with respect to which Congress has, in accordance with section 406(a)(1)(B), limited the right of access of the Inspector General;

(ii) information or assistance under paragraph (1) or (3) of section 406(a) that is, in the judgment of an Inspector General, reasonably refused or not provided;

(iii) access to any information or assistance prohibited by—

(I) the Secretary of Defense pursuant to section 408(b)(2);

(II) the Secretary of Treasury pursuant to section 412;

(III) the Attorney General pursuant to section 413;

(IV) the Secretary of Homeland Security pursuant to section 417; or

(V) the Secretary of Energy pursuant to section 421; or

(iv) grand jury materials—

(I) that are protected from disclosure pursuant to rule 6(e) of the Federal Rules of Criminal Procedure; and

(II) with respect to which the Attorney General has not granted the Inspector General access.

The term Inspector General means an Inspector General of a covered agency.

Any officer or employee of a covered agency (including the head of such agency and any political appointee of such agency), grant recipient of a covered agency (or any subgrantee thereof at any tier), or contractor of a covered agency (or any subcontractor thereof at any tier) that receives a covered request from an Inspector General shall comply with such request not later than 60 days after receiving such request.

Any individual or entity described under subsection (b) that receives a covered request from an Inspector General and fails to comply with such request in accordance with such subsection may be subject to appropriate administrative discipline, including as applicable and when circumstances so warrant—

(A) removal or suspension without pay when the circumstance warrants such discipline; or

(B) an adverse contract action.

Any discipline under this subsection—

(A) with respect to an officer, employee, grant recipient, subgrantee, contractor, or subcontractor shall be at the sole discretion of the head of the covered agency concerned; and

(B) with respect to the head of a covered agency, shall be at the sole discretion of the President.

If an individual or entity described under subsection (b) receives a covered request from an Inspector General, and the Inspector General determines that the individual or entity failed to comply with such request in accordance with such subsection, such Inspector General shall, not later than 30 days after making such determination, submit to the appropriate congressional committees and the head of such agency a notification regarding such noncompliance.

Each notification required by paragraph (1) shall include the following:

(A) With respect to the individual or entity that failed to comply with the request—

(i) the job title of such individual (in the case that the individual is an officer or employee of a covered agency), or the name of the individual or entity (in the case that the individual or entity is a contractor, subcontractor, grantee, or subgrantee); and

(ii) the organizational unit of the agency within which the individual or entity works.

(B) The date on which the request was initially made.

(C) The general subject matter of the information requested.

The notification required by paragraph (1) shall be in unclassified form, but may include a classified annex containing additional information relating to the general subject matter of any information requested.

Not later than 30 days after the date of enactment of this Act, the head of each covered agency (as such term is defined in section 425 of title 5, United States Code (as added by subsection (a))) shall make explicit in writing to all personnel of the agency (and shall consider updating any agency personnel directives or policies) to specify, that if any such personnel does not comply within 60 days with a request for an interview or access to documents from the Inspector General of the covered agency in accordance with section 425 of title 5, United Sates Code, such personnel may be subject to appropriate administrative discipline (including, as applicable and when circumstances so warrant, suspension without pay or removal or an adverse contract action) under such section.

The table of sections for chapter 4 of title 5, United States Code, is amended by adding at the end the following: