[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5492 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5492
To amend the Inspector General Act of 1978 to strengthen the
independence of the Inspectors General, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2014
Mr. Issa (for himself, Mr. Cummings, and Mr. Meadows) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform
_______________________________________________________________________
A BILL
To amend the Inspector General Act of 1978 to strengthen the
independence of the Inspectors General, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Inspector General
Empowerment Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Additional authority provisions for Inspectors General.
Sec. 3. Clarification of resources available to the Council of the
Inspectors General on Integrity and
Efficiency.
Sec. 4. Additional responsibilities of the Council of the Inspectors
General on Integrity and Efficiency.
Sec. 5. Paperwork Reduction Act exemption.
Sec. 6. Amendments to the Inspector General Act of 1978 and the
Inspector General Reform Act of 2008.
Sec. 7. Reports required.
SEC. 2. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL.
(a) Subpoena Authority for Inspectors General To Require Testimony
of Certain Persons.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) by inserting after section 6 the following new section:
``SEC. 6A. ADDITIONAL AUTHORITY.
``(a) Testimonial Subpoena Authority.--In addition to the authority
otherwise provided by this Act and in accordance with the requirements
of this section, each Inspector General, in carrying out the provisions
of this Act, is authorized to require by subpoena the attendance and
testimony of certain witnesses, including a contractor with the Federal
Government and any former Federal employee (but not including any
Federal employee), necessary in the performance of the functions
assigned by this Act, which subpoena, in the case of contumacy or
refusal to obey, shall be enforceable by order of any appropriate
United States district court.
``(b) Panel Review Before Issuance.--
``(1) Approval required.--Before the issuance of a subpoena
described in subsection (a), an Inspector General shall submit
a request for approval to issue a subpoena by a majority of a
panel (in this section, referred to as the `Subpoena Panel'),
which shall be comprised of each Chair (or a designee of such
chair) of the Audit, Inspections, and Evaluation Committees of
the Council of the Inspectors General on Integrity and
Efficiency.
``(2) Time to respond.--
``(A) In general.--Except as provided in
subparagraph (B), the Subpoena Panel shall approve or
deny a request for approval to issue a subpoena not
later than 10 days after the submission of such
request.
``(B) Additional information for panel.--If the
Subpoena Panel determines that additional information
is necessary to approve or deny such request, the
Subpoena Panel shall request such information and shall
approve or deny such request not later than 20 days
after the submission of such request.
``(3) Denial by panel.--If a majority of the Subpoena Panel
denies the approval of a subpoena, that subpoena may not be
issued.
``(c) Notice to Attorney General.--
``(1) In general.--If the Subpoena Panel approves a
subpoena under subsection (b), the Inspector General shall
notify the Attorney General that the Inspector General intends
to issue the subpoena.
``(2) Denial for interference with an ongoing
investigation.--Not later than 10 days after the date on which
the Attorney General is notified pursuant to paragraph (1), the
Attorney General may object to the issuance of the subpoena
because the subpoena will interfere with an ongoing
investigation and the subpoena may not be issued.
``(3) Issuance of subpoena approved.--If the Attorney
General does not object to the issuance of the subpoena during
the ten-day period described in paragraph (2), the Inspector
General may issue the subpoena.''; and
(2) in section 5(a)--
(A) in paragraph (15), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (16), by striking the period at
the end and inserting ``; and''; and
(C) by inserting at the end the following new
paragraph:
``(17) a description of the use of subpoenas for the
attendance and testimony of certain witnesses authorized under
section 6A.''.
(b) Matching Program Exception for Inspectors General.--Section
6(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) notwithstanding paragraph (12) of subsection (e) and
subsections (o), (p), (q), (r), and (u) of section 552a of
title 5, United States Code, to compare, through a matching
program (as defined in such section), any Federal records with
other Federal or non-Federal records, while conducting an
audit, investigation, inspection, evaluation, or other review
authorized under this Act to identify weaknesses that may lead
to waste, fraud, or abuse and to detect improper payments and
fraud; and''.
SEC. 3. CLARIFICATION OF RESOURCES AVAILABLE TO THE COUNCIL OF THE
INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.
Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following new subsection:
``(e) Authorization of Appropriations for Council.--For the
purposes of carrying out this section, there are authorized to be
appropriated into the revolving fund described in subsection (c)(3)(B),
out of any money in the Treasury not otherwise appropriated, the
following sums:
``(1) $8,000,000 for fiscal year 2015.
``(2) $8,500,000 for fiscal year 2016.
``(3) $9,000,000 for fiscal year 2017.
``(4) $9,500,000 for fiscal year 2018.
``(5) $10,000,000 for fiscal year 2019.
``(6) $10,500,000 for fiscal year 2020.
``(7) $11,000,000 for fiscal year 2021.''.
SEC. 4. ADDITIONAL RESPONSIBILITIES OF THE COUNCIL OF THE INSPECTORS
GENERAL ON INTEGRITY AND EFFICIENCY.
(a) Functions and Duties of Council.--Section 11(c)(1) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (G), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (H) as subparagraph (I);
and
(3) by inserting after subparagraph (G) the following new
subparagraph:
``(H) receive, review, and mediate any disputes
submitted in writing to the Council by an Office of
Inspector General regarding an audit, investigation,
inspection, evaluation, or project that involves the
jurisdiction of more than one Federal agency or entity;
and''.
(b) Integrity Committee.--Section 11(d) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (5)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by inserting at the end the following new
subparagraph:
``(D) not later than 60 days after the date on
which an allegation of wrongdoing is received by the
Integrity Committee, make a determination whether the
Integrity Committee will initiate an investigation of
such allegation under this subsection.'';
(2) in paragraph (6)(B)(i), by striking ``may'' and
inserting ``shall''; and
(3) in paragraph (7)--
(A) in subparagraph (B)(i)--
(i) in subclause (III), by striking ``;
and'' and inserting a semicolon;
(ii) in subclause (IV), by striking the
period at the end and inserting a semicolon;
and
(iii) by inserting at the end the following
new subclauses:
``(V) creating a regular rotation
of Inspectors General assigned to
investigate complaints through the
Integrity Committee; and
``(VI) creating procedures to avoid
conflicts of interest for Integrity
Committee investigations.'';
(B) by redesignating subparagraph (C) as
subparagraph (E); and
(C) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) Completion of investigation.--If a
determination is made under paragraph (5) to initiate
an investigation, the Integrity Committee--
``(i) shall complete the investigation not
later than six months after the date on which
the Integrity Committee made such
determination;
``(ii) if the investigation cannot be
completed within such six-month period, shall--
``(I) promptly notify the
congressional committees listed in
paragraph (8)(A)(iii); and
``(II) to the maximum extent
practicable, complete the investigation
not later than 3 months after the
expiration of the six-month period; and
``(iii) if the investigation cannot be
completed within such nine-month period, shall
brief the congressional committees listed in
paragraph (8)(A)(iii) every thirty days until
the investigation is complete.
``(D) Concurrent investigation.--If an
investigation of an allegation of wrongdoing against an
Inspector General or a staff member of an Office of
Inspector General described under paragraph (4)(C) is
initiated by a governmental entity other than the
Integrity Committee, the Integrity Committee may
conduct any related investigation for which a
determination to initiate an investigation was made
under paragraph (5) concurrently with the other
government entity.''.
(c) Technical Correction; Designee Authority.--Section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (b)(1)(B) by striking ``Director of
National Intelligence'' and inserting ``Intelligence
Community''; and
(2) in subsection (d)(2)--
(A) in subparagraph (C), by inserting ``or the
designee of the Special Counsel'' before the period at
the end; and
(B) in subparagraph (D), by inserting ``or the
designee of the Director'' before the period at the
end.
SEC. 5. PAPERWORK REDUCTION ACT EXEMPTION.
Section 3518(c) of title 44, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Notwithstanding paragraph (3), this subchapter shall
not apply to the collection of information during the conduct
of any evaluation, or other review conducted by the Recovery
Accountability and Transparency Board, or during the conduct of
any audit, investigation, inspection, evaluation, or any other
review conducted by the Council of the Inspectors General on
Integrity and Efficiency or any Office of Inspector General,
including any Office of Special Inspector General.''.
SEC. 6. AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978 AND THE
INSPECTOR GENERAL REFORM ACT OF 2008.
(a) Incorporation of Provisions From the Inspector General Reform
Act of 2008 Into the Inspector General Act of 1978.--
(1) Amendment.--Section 11(d) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by adding at the end the
following new paragraph:
``(12) Allegations of wrongdoing against special counsel or
deputy special counsel.--
``(A) Special counsel defined.--In this paragraph,
the term `Special Counsel' means the Special Counsel
appointed under section 1211(b) of title 5, United
States Code.
``(B) Authority of integrity committee.--
``(i) In general.--An allegation of
wrongdoing against the Special Counsel or the
Deputy Special Counsel may be received,
reviewed, and referred for investigation by the
Integrity Committee to the same extent and in
the same manner as in the case of an allegation
against an Inspector General (or a member of
the staff of an Office of Inspector General),
subject to the requirement that the Special
Counsel recuse himself or herself from the
consideration of any allegation brought under
this paragraph.
``(ii) Coordination with existing
provisions of law.--This paragraph does not
eliminate access to the Merit Systems
Protection Board for review under section 7701
of title 5, United States Code. To the extent
that an allegation brought under this
subsection involves section 2302(b)(8) of that
title, a failure to obtain corrective action
within 120 days after the date on which that
allegation is received by the Integrity
Committee shall, for purposes of section 1221
of such title, be considered to satisfy section
1214(a)(3)(B) of that title.
``(C) Regulations.--The Integrity Committee may
prescribe any rules or regulations necessary to carry
out this paragraph, subject to such consultation or
other requirements as might otherwise apply.''.
(2) Conforming amendment.--Section 7(b) of the Inspector
General Reform Act of 2008 (Public Law 110-409; 122 Stat. 4312;
5 U.S.C. 1211 note) is repealed.
(b) Agency Applicability.--
(1) Amendments.--The Inspector General Act of 1978 (5
U.S.C. App.), as amended by section 2(a), is further amended--
(A) in section 8M--
(i) in subsection (a)(1)--
(I) by striking the first
``agency'' and inserting ``Federal
agency and designated Federal entity'';
and
(II) by striking the second and
third ``agency'' and inserting
``Federal agency or designated Federal
entity''; and
(ii) in subsection (b)--
(I) in paragraph (1), by striking
``agency'' and inserting ``Federal
agency and designated Federal entity'';
and
(II) in paragraph (2)--
(aa) in subparagraph (A),
by striking ``agency'' and
inserting ``Federal agency and
designated Federal entity'';
and
(bb) in subparagraph (B),
by striking ``agency'' and
inserting ``Federal agency and
designated Federal entity'';
and
(B) in section 11(c)(3)(A)(ii), by striking
``department, agency, or entity of the executive
branch'' and inserting ``Federal agency or designated
Federal entity''.
(2) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the head and the Inspector
General of each Federal agency and each designated Federal
entity (as such terms are defined in sections 12 and 8G of the
Inspector General Act of 1978 (5 U.S.C. App.), respectively)
shall implement the amendments made by this subsection.
(c) Requirements for Inspectors General Websites.--Section 8M(b)(1)
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (A), by striking ``report or audit (or
portion of any report or audit)'' and inserting ``audit report,
inspection report, or evaluation report (or portion of any such
report)''; and
(2) by striking ``report or audit (or portion of that
report or audit)'' and inserting ``report (or portion of that
report)'', each place it appears.
(d) Corrections.--
(1) Executive order number.--Section 7(c)(2) of the
Inspector General Reform Act of 2008 (Public Law 110-409; 122
Stat. 4313; 31 U.S.C. 501 note) is amended by striking
``12933'' and inserting ``12993''.
(2) Punctuation and cross-references.--The Inspector
General Act of 1978 (5 U.S.C. App.), as amended by section 2(a)
and subsection (b), is further amended--
(A) in section 4(b)(2)--
(i) by striking ``8F(a)(2)'' and inserting
``8G(a)(2)'', each place it appears; and
(ii) by striking ``8F(a)(1)'' and inserting
``8G(a)(1)'';
(B) in section 6(a)(4), by striking ``information,
as well as any tangible thing)'' and inserting
``information), as well as any tangible thing'';
(C) in section 8G(g)(3), by striking ``8C'' and
inserting ``8D''; and
(D) in section 5(a)(13), by striking ``05(b)'' and
inserting ``804(b)''.
(3) Spelling.--The Inspector General Act of 1978 (5 U.S.C.
App.), as amended by section 2(a), subsection (b), and
paragraph (2), is further amended--
(A) in section 3(a), by striking ``subpena'' and
inserting ``subpoena'';
(B) in section 6(a)(4), by striking ``subpena'' and
``subpenas'' and inserting ``subpoena'' and
``subpoenas'', respectively;
(C) in section 8D(a)--
(i) in paragraph (1), by striking
``subpenas'' and inserting ``subpoenas''; and
(ii) in paragraph (2), by striking
``subpena'' and inserting ``subpoena'', each
place it appears;
(D) in section 8E(a)--
(i) in paragraph (1), by striking
``subpenas'' and inserting ``subpoenas''; and
(ii) in paragraph (2), by striking
``subpena'' and inserting ``subpoena'', each
place it appears; and
(E) in section 8G(d), by striking ``subpena'' and
inserting ``subpoena''.
(e) Repeal.--Section 744 of the Financial Services and General
Government Appropriations Act, 2009 (division D of Public Law 111-8;
123 Stat. 693; 5 U.S.C. App. 8L) is repealed.
SEC. 7. REPORTS REQUIRED.
(a) Report on Vacancies in the Offices of Inspector General.--
(1) GAO study required.--The Comptroller General shall
conduct a study of prolonged vacancies in the Offices of
Inspector General, during which a temporary appointee has
served as the head of the office that includes--
(A) the number and duration of Inspector General
vacancies;
(B) an examination of the extent to which the
number and duration of such vacancies has changed over
time;
(C) an evaluation of the impact such vacancies have
had on the ability of the relevant Office of the
Inspector General to effectively carry out statutory
requirements; and
(D) recommendations to minimize the duration of
such vacancies.
(2) Committee briefing required.--Not later than nine
months after the date of the enactment of this Act, the
Comptroller General shall present a briefing on the findings of
the study described in subsection (a) to the Committee on
Oversight and Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate.
(3) Report to congress.--Not later than fifteen months
after the date of the enactment of this Act, the Comptroller
General shall submit a report on the findings of the study
described in subsection (a) to the Committee on Oversight and
Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
(b) Report on Issues Involving Multiple Offices of Inspector
General.--
(1) Examination required.--The Council of the Inspectors
General on Integrity and Efficiency shall conduct an analysis
of critical issues that involve the jurisdiction of more than
one individual Federal agency or entity to identify--
(A) each such issue that could be better addressed
through greater coordination among, and cooperation
between, individual Offices of Inspector General;
(B) the best practices that can be employed by the
Offices of Inspector General to increase coordination
and cooperation on each issue identified; and
(C) any recommended statutory changes that would
facilitate coordination and cooperation among Offices
of Inspector General on critical issues.
(2) Report to congress.--Not later than one year after the
date of the enactment of this Act, the Council of the
Inspectors General on Integrity and Efficiency shall submit a
report on the findings of the analysis described in subsection
(a) to the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate.
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