S.Amdt. 379

SA 379. Mr. PETERS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XV, add the following:

Subtitle C--Inspectors General Matters

SEC. 1531. ESTABLISHMENT OF LEAD INSPECTOR GENERAL FOR AN
OVERSEAS CONTINGENCY OPERATION BASED ON
SECRETARY OF DEFENSE NOTIFICATION.

(a) Notification on Commencement of OCO.--Section 113 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(n) Notification of Certain Overseas Contingency
Operations for Purposes of Inspector General Act of 1978.--
The Secretary of Defense shall provide the Chair of the
Council of Inspectors General on Integrity and Efficiency
written notification of the commencement or designation of a
military operation as an overseas contingency operation upon
the earlier of--
``(1) a determination by the Secretary that the overseas
contingency operation is expected to exceed 60 days; or
``(2) the date on which the overseas contingency operation
exceeds 60 days.''.
(b) Establishment of Lead Inspector General Based on
Notification.--Section 8L of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in subsection (a)--
(A) by striking ``Upon the commencement'' and all that
follows through ``the Chair'' and inserting ``The Chair'';
and
(B) by inserting before the period at the end the
following: ``upon the earlier of--
``(1) the commencement or designation of a military
operation as an overseas contingency operation that exceeds
60 days; or
``(2) receipt of a notification under section 113(n) of
title 10, United States Code, with respect to an overseas
contingency operation''; and
(2) in subsection (d)(1), by striking ``the commencement or
designation of the military operation concerned as an
overseas contingency operation that exceeds 60 days'' and
inserting ``the earlier of--
``(A) the commencement or designation of the military
operation concerned as an overseas contingency operation that
exceeds 60 days; or
``(B) receipt of a notification under section 113(n) of
title 10, United States Code, with respect to an overseas
contingency operation''.

SEC. 1532. CLARIFICATION OF AUTHORITY OF INSPECTORS GENERAL
FOR OVERSEAS CONTINGENCY OPERATIONS.

Section 8L(d)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in subparagraph (D)--
(A) in clause (i), by striking ``to exercise'' and all that
follows through ``such matter'' and inserting ``to identify
and coordinate with the Inspector General who has principal
jurisdiction over the matter to ensure effective oversight'';
and
(B) by adding at the end the following:
``(iii)(I) Upon written request by the Inspector General
with principal jurisdiction over a matter with respect to the
contingency operation, and with the approval of the lead
Inspector General, an Inspector General specified in
subsection (c) may provide investigative support or conduct
an independent investigation of an allegation of criminal
activity by any United States personnel, contractor,
subcontractor, grantee, or vendor in the applicable theater
of operations.
``(II) In the case of a determination by the lead Inspector
General that no Inspector General has principal jurisdiction
over a matter with respect to the contingency operation, the
lead Inspector General may--
``(aa) conduct an independent investigation of an
allegation described in subclause (I); or
``(bb) request that an Inspector General specified in
subsection (c) conduct such investigation.''; and
(2) by adding at the end the following:
``(I) To enhance cooperation among Inspectors General and
encourage comprehensive oversight of the contingency
operation, any Inspector General responsible for conducting
oversight of any program or operation performed in support of
the contingency operation may, to the maximum extent
practicable and consistent with the duties, responsibilities,
policies, and procedures of such Inspector General--
``(i) coordinate such oversight activities with the lead
Inspector General; and
``(ii) provide information requested by the lead Inspector
General relating to the responsibilities of the lead
Inspector General described in subparagraphs (B), (C), and
(G).''.

SEC. 1533. EMPLOYMENT STATUS OF ANNUITANTS FOR INSPECTORS
GENERAL FOR OVERSEAS CONTINGENCY OPERATIONS.

Section 8L(d) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (2)(E), by inserting ``(without regard to
subsection (b)(2) of such section)'' after ``United States
Code,'';
(2) in paragraph (3), by amending subparagraph (C) to read
as follows:
``(C)(i) An annuitant receiving an annuity under the
Foreign Service Retirement and Disability System or the
Foreign Service Pension System under chapter 8 of title I of
the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) who
is reemployed under this subsection--
``(I) shall continue to receive the annuity; and
``(II) shall not be considered a participant for purposes
of chapter 8 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4041 et seq.) or an employee for purposes of
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code.
``(ii) An annuitant described in clause (i) may elect in
writing for the reemployment of the annuitant under this
subsection to be subject to section 824 of the Foreign
Service Act of 1980 (22 U.S.C. 4064). A reemployed annuitant
shall make an election under this clause not later than 90
days after the date of the reemployment of the annuitant.'';
and
(3) by adding at the end the following:
``(5)(A) A person employed by a lead Inspector General for
an overseas contingency operation under this section shall
acquire competitive status for appointment to any position in
the competitive service for which the employee possesses the
required qualifications upon the completion of 2 years of
continuous service as an employee under this section.
``(B) No person who is first employed as described in
subparagraph (A) more than 2 years after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020 may acquire competitive status under
subparagraph (A).''.
______