[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 579 Reported in Senate (RS)]
Calendar No. 68
114th CONGRESS
1st Session
S. 579
[Report No. 114-36]
To amend the Inspector General Act of 1978 to strengthen the
independence of the Inspectors General, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2015
Mr. Grassley (for himself, Mrs. McCaskill, Mr. Johnson, Ms. Baldwin,
and Mrs. Ernst) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
May 5, 2015
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Inspector
General Empowerment Act of 2015''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Removal of Inspectors General.
<DELETED>Sec. 3. Additional authority provisions for Inspectors
General.
<DELETED>Sec. 4. Additional responsibilities and resources of the
Council of the Inspectors General on
Integrity and Efficiency.
<DELETED>Sec. 5. Reports and additional information.
<DELETED>Sec. 6. Technical and conforming amendments.
<DELETED>SEC. 2. REMOVAL OF INSPECTORS GENERAL.</DELETED>
<DELETED> The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--</DELETED>
<DELETED> (1) in section 3--</DELETED>
<DELETED> (A) in the section header, by inserting
``administrative leave;'' after ``removal;'';</DELETED>
<DELETED> (B) in subsection (b)--</DELETED>
<DELETED> (i) by striking ``An Inspector
General'' and inserting ``(1) An Inspector
General'';</DELETED>
<DELETED> (ii) in paragraph (1), as so
designated, by striking the last sentence;
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(2) An Inspector General may not be placed in a paid or
unpaid, nonduty status by the President--</DELETED>
<DELETED> ``(A) unless the President, not later than 48
hours after the President issues the directive to place the
Inspector General in such status, communicates in writing to
both Houses of Congress the reasons for such action, which
shall be limited to evidence that the continued presence in the
workplace of the Inspector General may--</DELETED>
<DELETED> ``(i) pose a threat to the employee or
others;</DELETED>
<DELETED> ``(ii) result in loss of or damage to
property of the Federal Government; or</DELETED>
<DELETED> ``(iii) otherwise jeopardize legitimate
interests of the Federal Government; and</DELETED>
<DELETED> ``(B) for more than 10 days, unless the Integrity
Committee of the Council of the Inspectors General for
Integrity and Efficiency submits to the President a written
recommendation for additional time, which is acted upon by the
President, and the decision is communicated immediately to both
Houses of Congress.</DELETED>
<DELETED> ``(3) Nothing in this subsection shall prohibit a
personnel action otherwise authorized by law.''; and</DELETED>
<DELETED> (2) in section 8G(e)--</DELETED>
<DELETED> (A) in paragraph (2), by striking the last
sentence; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(3) An Inspector General may not be placed in a paid or
unpaid, nonduty status by the head of a designated Federal entity--
</DELETED>
<DELETED> ``(A) unless the head of the designated Federal
entity, not later than 48 hours after the head of the
designated Federal entity issues the directive to place the
Inspector General in such status, communicates in writing to
both Houses of Congress the reasons for such action, which
shall be limited to evidence that the continued presence in the
workplace of the Inspector General may--</DELETED>
<DELETED> ``(i) pose a threat to the employee or
others;</DELETED>
<DELETED> ``(ii) result in loss of or damage to
property of the Federal Government; or</DELETED>
<DELETED> ``(iii) otherwise jeopardize legitimate
interests of the Federal Government; and</DELETED>
<DELETED> ``(B) for more than 10 days, unless the Integrity
Committee of the Council of the Inspectors General for
Integrity and Efficiency submits to the head of the designated
Federal entity a written recommendation for additional time,
which is acted upon by the head of the designated Federal
entity, and the decision is communicated immediately to both
Houses of Congress.</DELETED>
<DELETED> ``(4) Nothing in this subsection shall prohibit a
personnel action otherwise authorized by law.''.</DELETED>
<DELETED>SEC. 3. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS
GENERAL.</DELETED>
<DELETED> (a) Subpoena Authority for Inspectors General To Require
Testimony of Certain Persons.--The Inspector General Act of 1978 (5
U.S.C. App.), as amended by section 2, is further amended--</DELETED>
<DELETED> (1) in section 5(a)--</DELETED>
<DELETED> (A) in paragraph (15), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (16), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by inserting at the end the
following:</DELETED>
<DELETED> ``(17) a description of the use of subpoenas for
the attendance and testimony of certain witnesses under section
6A.''; and</DELETED>
<DELETED> (2) by inserting after section 6 the
following:</DELETED>
<DELETED>``SEC. 6A. ADDITIONAL AUTHORITY.</DELETED>
<DELETED> ``(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, who is otherwise obligated to provide
testimony and cooperate with the Inspector General), 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.</DELETED>
<DELETED> ``(b) Panel Review Before Issuance.--</DELETED>
<DELETED> ``(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 3 members of the
Council of the Inspectors General on Integrity and Efficiency,
as designated by the Executive Chairperson of the Council of
the Inspectors General on Integrity and Efficiency.</DELETED>
<DELETED> ``(2) Time to respond.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), not later than 10 days after the date
on which a request for approval to issue a subpoena is
submitted under paragraph (1), the Subpoena Panel shall
approve or deny the request.</DELETED>
<DELETED> ``(B) Additional information for panel.--
If the Subpoena Panel determines that additional
information is necessary to approve or deny a request
for approval to issue a subpoena under subparagraph
(A), the Subpoena Panel shall, not later than 20 days
after the date on which the request is submitted--
</DELETED>
<DELETED> ``(i) request the additional
information; and</DELETED>
<DELETED> ``(ii) approve or deny the
request.</DELETED>
<DELETED> ``(3) Denial by panel.--If a majority of the
members of the Subpoena Panel votes to deny a request for
approval to issue a subpoena under subparagraph (B)(ii), the
subpoena may not be issued.</DELETED>
<DELETED> ``(c) Notice to Attorney General.--</DELETED>
<DELETED> ``(1) In general.--If the Subpoena Panel approves
a request for approval to issue a subpoena under subsection
(b)(2), the Inspector General shall notify the Attorney General
that the Inspector General intends to issue the
subpoena.</DELETED>
<DELETED> ``(2) Decision of attorney general.--Not later
than 10 days after the date on which the Attorney General is
notified under paragraph (1), the Attorney General may--
</DELETED>
<DELETED> ``(A) object to the issuance of the
subpoena if the subpoena will interfere with an ongoing
investigation; or</DELETED>
<DELETED> ``(B) approve the issuance of the
subpoena.</DELETED>
<DELETED> ``(3) Issuance of subpoena approved.--If the
Attorney General approves the issuance of the subpoena or does
not object to the issuance of the subpoena during the 10-day
period described in paragraph (2), the Inspector General may
issue the subpoena.</DELETED>
<DELETED> ``(d) Inclusion in Annual Report.--Not later than 1 year
after the date of enactment of this Act, and every year thereafter,
each Inspector General shall submit to the Chairperson of the Council
of the Inspectors General on Integrity and Efficiency the number of
times the Inspector General issued a subpoena under this section, which
shall be included by the Chairperson in the annual report required
under section 11(b)(3)(B)(viii).</DELETED>
<DELETED> ``(e) Rule of Construction.--Nothing in this section shall
be construed to affect the exercise by an Inspector General of any
testimonial subpoena authority established under any other provision of
law.''.</DELETED>
<DELETED> (b) Matching Program and Paperwork Reduction Act Exception
for Inspectors General.--Section 6 of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(g)(1) In this subsection, the terms `agency', `matching
program', `record', and `system of records' have the meanings given
those terms in section 552a(a) of title 5, United States
Code.</DELETED>
<DELETED> ``(2) For purposes of section 552a of title 5, United
States Code, or any other provision of law, a computerized comparison
of 2 or more automated Federal systems of records, or a computerized
comparison of a Federal system of records with other records or non-
Federal records, performed by an Inspector General or by an agency in
coordination with an Inspector General in conducting an audit,
investigation, inspection, evaluation, or other review authorized under
this Act shall not be considered a matching program.</DELETED>
<DELETED> ``(3) Nothing in this subsection shall be construed to
impede the exercise by an Inspector General of any matching program
authority established under any other provision of law.</DELETED>
<DELETED> ``(h) Subchapter I of chapter 35 of title 44, United
States Code, shall not apply to the collection of information during
the conduct of an audit, investigation, inspection, evaluation, or
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.''.</DELETED>
<DELETED>SEC. 4. ADDITIONAL RESPONSIBILITIES AND RESOURCES OF THE
COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY.</DELETED>
<DELETED> Section 11 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)(B), by striking
``Director of National Intelligence'' and inserting
``Intelligence Community''; and</DELETED>
<DELETED> (B) by amending paragraph (3)(B)(viii) to
read as follows:</DELETED>
<DELETED> ``(viii) prepare and transmit an
annual report on behalf of the Council on the
activities of the Council to--</DELETED>
<DELETED> ``(I) the
President;</DELETED>
<DELETED> ``(II) the appropriate
committees of jurisdiction in the
Senate and the House of
Representatives;</DELETED>
<DELETED> ``(III) the Committee on
Homeland Security and Governmental
Affairs of the Senate; and</DELETED>
<DELETED> ``(IV) the Committee on
Oversight and Government Reform of the
House of Representatives.'';</DELETED>
<DELETED> (2) in subsection (c)(1)--</DELETED>
<DELETED> (A) in subparagraph (G), by striking
``and'' at the end;</DELETED>
<DELETED> (B) by redesignating subparagraph (H) as
subparagraph (I); and</DELETED>
<DELETED> (C) by inserting after subparagraph (G)
the following:</DELETED>
<DELETED> ``(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 1 Office of
Inspector General; and'';</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) by striking subparagraph
(C);</DELETED>
<DELETED> (ii) by redesignating
subparagraphs (A), (B), and (D) as clauses (i),
(ii), and (iii), respectively, and adjusting
the margins accordingly;</DELETED>
<DELETED> (iii) in the matter preceding
clause (i), as so redesignated, by striking
``The Integrity'' and inserting the
following:</DELETED>
<DELETED> ``(A) In general.--The
Integrity'';</DELETED>
<DELETED> (iv) in clause (i), as so
redesignated, by striking ``, who'' and all
that follows through ``Committee'';</DELETED>
<DELETED> (v) in clause (iii), as so
redesignated, by inserting ``or the designee of
the Director'' before the period at the end;
and</DELETED>
<DELETED> (vi) by adding at the end the
following:</DELETED>
<DELETED> ``(B) Chairperson.--</DELETED>
<DELETED> ``(i) In general.--The Integrity
Committee shall elect 1 of the Inspectors
General referred to in subparagraph (A)(ii) to
act as Chairperson of the Committee (in this
subsection referred to as the
`Chairperson').</DELETED>
<DELETED> ``(ii) Term.--The term of office
of the Chairperson shall be 2
years.'';</DELETED>
<DELETED> (B) by amending paragraph (5) to read as
follows:</DELETED>
<DELETED> ``(5) Review of allegations.--</DELETED>
<DELETED> ``(A) In general.--Not later than 7 days
after the date on which the Integrity Committee
receives an allegation of wrongdoing against an
Inspector General or against a staff member of an
Office of Inspector General described under paragraph
(4)(C), the allegation of wrongdoing shall be reviewed
and referred to the Department of Justice or the Office
of Special Counsel for investigation, or to the
Integrity Committee for review, as appropriate, by--
</DELETED>
<DELETED> ``(i) a representative of the
Department of Justice, as designated by the
Attorney General;</DELETED>
<DELETED> ``(ii) a representative of the
Office of Special Counsel, as designated by the
Special Counsel; and</DELETED>
<DELETED> ``(iii) a representative of the
Integrity Committee, as designated by the
Chairperson.</DELETED>
<DELETED> ``(B) Referral to the chairperson.--Not
later than 7 days after the date on which an allegation
of wrongdoing is referred to the Integrity Committee
under subparagraph (A), the Integrity Committee shall
determine whether to refer the allegation of wrongdoing
to the Chairperson to initiate an
investigation.'';</DELETED>
<DELETED> (C) in paragraph (6)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``paragraph (5)(C)'' and inserting
``paragraph (5)(B)''; and</DELETED>
<DELETED> (ii) in subparagraph (B)(i), by
striking ``may'' and inserting
``shall'';</DELETED>
<DELETED> (D) in paragraph (7)--</DELETED>
<DELETED> (i) in subparagraph (B)--
</DELETED>
<DELETED> (I) in clause (i)--
</DELETED>
<DELETED> (aa) in subclause
(III), by striking ``and'' at
the end;</DELETED>
<DELETED> (bb) in subclause
(IV), by striking the period at
the end and inserting a
semicolon; and</DELETED>
<DELETED> (cc) by adding at
the end the
following:</DELETED>
<DELETED> ``(V) except as provided
in clause (ii), ensuring, to the extent
possible, that investigations are
conducted by Offices of Inspector
General of similar size;</DELETED>
<DELETED> ``(VI) creating a regular
rotation of Inspectors General assigned
to investigate allegations through the
Integrity Committee; and</DELETED>
<DELETED> ``(VII) creating
procedures to avoid conflicts of
interest for Integrity Committee
investigations.'';</DELETED>
<DELETED> (II) by redesignating
clause (ii) as clause (iii);
and</DELETED>
<DELETED> (III) by inserting after
clause (i) the following:</DELETED>
<DELETED> ``(ii) Exception.--The requirement
under clause (i)(V) shall not apply to any
Office of Inspector General with less than 50
employees who are authorized to conduct audits
or investigations.'';</DELETED>
<DELETED> (ii) by striking subparagraph (C);
and</DELETED>
<DELETED> (iii) by inserting after
subparagraph (B) the following:</DELETED>
<DELETED> ``(C) Completion of investigation.--If an
allegation of wrongdoing is referred to the Chairperson
under paragraph (5)(B), the Chairperson--</DELETED>
<DELETED> ``(i) shall complete the
investigation not later than 120 days after the
date on which the Integrity Committee made such
a referral;</DELETED>
<DELETED> ``(ii) if the investigation cannot
be completed within the 120-day period
described in clause (i), shall--</DELETED>
<DELETED> ``(I) promptly notify the
congressional committees described in
paragraph (8)(A)(iii); and</DELETED>
<DELETED> ``(II) brief the
congressional committees described in
paragraph (8)(A)(iii) every 30 days
until the investigation is
complete.</DELETED>
<DELETED> ``(D) Concurrent investigation.--If an
allegation of wrongdoing against an Inspector General
or a staff member of an Office of Inspector General
described under paragraph (4)(C) is referred to the
Department of Justice or the Office of Special Counsel
under paragraph (5)(A), the Chairperson may conduct any
related investigation referred to the Chairperson under
paragraph (5)(B) concurrently with the Department of
Justice or the Office of Special Counsel, as
applicable.</DELETED>
<DELETED> ``(E) Reports.--</DELETED>
<DELETED> ``(i) Integrity committee
investigations.--For each investigation of an
allegation of wrongdoing referred to the
Chairperson under paragraph (5)(B), the
Chairperson shall submit to members of the
Integrity Committee a report containing the
results of the investigation.</DELETED>
<DELETED> ``(ii) Other investigations.--For
each allegation of wrongdoing referred to the
Department of Justice or the Office of Special
Counsel under paragraph (5)(A), the Attorney
General or the Special Counsel, as applicable,
shall submit to the Integrity Committee a
report containing the results of the
investigation.</DELETED>
<DELETED> ``(iii) Availability to
congress.--Any Member of Congress shall have
access to any report authored by the Integrity
Committee.'';</DELETED>
<DELETED> (E) by striking paragraph (8)(A)(iii) and
inserting the following:</DELETED>
<DELETED> ``(iii) submit the report, with
the recommendations of the Integrity Committee,
to the Committee on Homeland Security and
Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of
the House of Representatives, and other
congressional committees of jurisdiction;
and</DELETED>
<DELETED> ``(iv) following the submission of
the report under clause (iii) and upon request
by any Member of Congress, submit the report,
with the recommendations of the Integrity
Committee, to that Member.'';</DELETED>
<DELETED> (F) in paragraph (9)(B), by striking
``other agencies'' and inserting ``the Department of
Justice or the Office of Special Counsel'';</DELETED>
<DELETED> (G) in paragraph (10), by striking ``any
of the following'' and all that follows through the
period at the end and inserting ``any Member of
Congress.''; and</DELETED>
<DELETED> (H) by adding at the end the
following:</DELETED>
<DELETED> ``(12) Allegations of wrongdoing against special
counsel or deputy special counsel.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Authority of integrity committee.--
</DELETED>
<DELETED> ``(i) In general.--An allegation
of wrongdoing against the Special Counsel or
the Deputy Special Counsel may be received,
reviewed, and referred for investigation to the
same extent and in the same manner as in the
case of an allegation against an Inspector
General or against a staff member of an Office
of Inspector General described under paragraph
(4)(C), subject to the requirement that the
representative designated by the Special
Counsel under paragraph (5)(A)(ii) shall recuse
himself or herself from the consideration of
any allegation brought under this
paragraph.</DELETED>
<DELETED> ``(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 the
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.</DELETED>
<DELETED> ``(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 may otherwise
apply.</DELETED>
<DELETED> ``(13) Committee records.--The Chairperson of the
Council shall maintain the records of the Integrity
Committee.''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) $8,500,000 for fiscal year 2016.</DELETED>
<DELETED> ``(2) $9,000,000 for fiscal year 2017.</DELETED>
<DELETED> ``(3) $9,500,000 for fiscal year 2018.</DELETED>
<DELETED> ``(4) $10,000,000 for fiscal year 2019.</DELETED>
<DELETED> ``(5) $10,500,000 for fiscal year 2020.</DELETED>
<DELETED> ``(6) $11,000,000 for fiscal year
2021.''.</DELETED>
<DELETED>SEC. 5. REPORTS AND ADDITIONAL INFORMATION.</DELETED>
<DELETED> (a) Report on Vacancies in the Offices of Inspector
General.--The Comptroller General shall--</DELETED>
<DELETED> (1) 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--</DELETED>
<DELETED> (A) the number and duration of Inspector
General vacancies;</DELETED>
<DELETED> (B) an examination of the extent to which
the number and duration of such vacancies has changed
over time;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) recommendations to minimize the
duration of such vacancies;</DELETED>
<DELETED> (2) not later than 9 months after the date of
enactment of this Act, present a briefing on the findings of
the study conducted under paragraph (1) to--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Oversight and
Government Reform of the House of Representatives;
and</DELETED>
<DELETED> (3) not later than 15 months after the date of
enactment of this Act, submit a report on the findings of the
study conducted under paragraph (1) to the committees described
in paragraph (2).</DELETED>
<DELETED> (b) Report on Issues Involving Multiple Offices of
Inspector General.--The Council of the Inspectors General on Integrity
and Efficiency shall--</DELETED>
<DELETED> (1) conduct an analysis of critical issues that
involve the jurisdiction of more than 1 individual Federal
agency or entity to identify--</DELETED>
<DELETED> (A) each such issue that could be better
addressed through greater coordination among, and
cooperation between, individual Offices of Inspector
General;</DELETED>
<DELETED> (B) the best practices that can be
employed by the Offices of Inspector General to
increase coordination and cooperation on each issue
identified; and</DELETED>
<DELETED> (C) any recommended statutory changes that
would facilitate coordination and cooperation among the
Offices of Inspector General on critical issues;
and</DELETED>
<DELETED> (2) not later than 1 year after the date of
enactment of this Act, submit a report on the findings of the
analysis described in paragraph (1) to--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Oversight and
Government Reform of the House of
Representatives.</DELETED>
<DELETED> (c) Additional Information.--</DELETED>
<DELETED> (1) In general.--Not later than 6 months after the
date of enactment of this Act, and every 6 months thereafter,
the Office of Inspector General (in this subsection referred to
as the ``Office'') of each Federal agency or department shall
submit to the appropriate committees of jurisdiction in the
Senate and the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Oversight and Government Reform of the House
of Representatives--</DELETED>
<DELETED> (A) a report on each investigation
conducted by the Office involving employees of the
Federal agency or department, as applicable, receiving
pay at the rate specified for GS-15 level or above of
the General Schedule under section 5332 of title 5,
United States Code, where misconduct was found but no
prosecution resulted, including--</DELETED>
<DELETED> (i) a detailed description of the
facts and circumstances of the investigation;
and</DELETED>
<DELETED> (ii) a detailed description of the
status and disposition of the matter,
including--</DELETED>
<DELETED> (I) if the matter was
referred to the Department of Justice,
the date of the referral; and</DELETED>
<DELETED> (II) if the Department of
Justice declined the referral, the date
of the declination and an explanation
of the reasons for the
declination;</DELETED>
<DELETED> (B) reports authored by the Office that
are not available to the public;</DELETED>
<DELETED> (C) 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 Federal agency or
department imposed to hold that official accountable,
provided that the Office obtains whistleblower consent
before revealing any personally identifiable
information to Congress;</DELETED>
<DELETED> (D) a detailed description of any attempt
by the Federal agency or department, as applicable, to
interfere with the independence of the Office,
including--</DELETED>
<DELETED> (i) with communication between the
Office and Congress; and</DELETED>
<DELETED> (ii) with budget constraints
designed to limit the capabilities of the
Office; and</DELETED>
<DELETED> (E) detailed descriptions of the
particular circumstances of each--</DELETED>
<DELETED> (i) investigation, evaluation, and
audit conducted by the Office that is closed
and was not disclosed to the public;</DELETED>
<DELETED> (ii) outstanding unimplemented
recommendation of the Office, as well as the
aggregate potential cost savings of those open
recommendations; and</DELETED>
<DELETED> (iii) incident where the Federal
agency or department, as applicable, has
resisted or objected to oversight activities of
the Office or restricted or significantly
delayed access to information, including the
justification of the Federal agency or
department for such action; and</DELETED>
<DELETED> (F) a narrative description of any audit,
evaluation, and investigation provided by the Office to
the Federal agency or department, as applicable, for
comment but not returned within 60 days.</DELETED>
<DELETED> (2) Availability to members of congress.--The
information described in paragraph (1) shall be available upon
request by any Member of Congress.</DELETED>
<DELETED>SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>
<DELETED> (a) Repeals.--</DELETED>
<DELETED> (1) Inspector general act of 2008.--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.</DELETED>
<DELETED> (2) Overseas contingency operations.--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.</DELETED>
<DELETED> (b) Agency Applicability.--</DELETED>
<DELETED> (1) Amendments.--The Inspector General Act of 1978
(5 U.S.C. App.), as amended by this Act, is further amended--
</DELETED>
<DELETED> (A) in section 8M--</DELETED>
<DELETED> (i) in subsection (a)(1)--
</DELETED>
<DELETED> (I) by striking ``Each
agency'' and inserting ``Each Federal
agency and designated Federal entity'';
and</DELETED>
<DELETED> (II) by striking ``that
agency'' each place that term appears
and inserting ``that Federal agency or
designated Federal entity'';
and</DELETED>
<DELETED> (ii) in subsection (b)--</DELETED>
<DELETED> (I) in paragraph (1), by
striking ``agency'' and inserting
``Federal agency and designated Federal
entity''; and</DELETED>
<DELETED> (II) in paragraph (2), by
striking ``agency'' each place that
term appears and inserting ``Federal
agency and designated Federal entity'';
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Effective date.--The amendments made by
paragraph (1) shall take effect on the date that is 180 days
after the date of enactment of this Act.</DELETED>
<DELETED> (c) Requirements for Inspectors General Websites.--Section
8M(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.), as
amended by subsection (b)(1), is further amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by striking ``report or audit (or portion of
that report or audit)'' each place that term appears and
inserting ``report (or portion of that report)''.</DELETED>
<DELETED> (d) Corrections.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Punctuation and cross-references.--The
Inspector General Act of 1978 (5 U.S.C. App.), as amended by
this Act, is further amended--</DELETED>
<DELETED> (A) in section 4(b)(2)--</DELETED>
<DELETED> (i) by striking ``8F(a)(2)'' each
place that term appears and inserting
``8G(a)(2)''; and</DELETED>
<DELETED> (ii) by striking ``8F(a)(1)'' and
inserting ``8G(a)(1)'';</DELETED>
<DELETED> (B) in section 5(a)(13), by striking
``05(b)'' and inserting ``804(b)'';</DELETED>
<DELETED> (C) in section 6(a)(4), by striking
``information, as well as any tangible thing)'' and
inserting ``information), as well as any tangible
thing''; and</DELETED>
<DELETED> (D) in section 8G(g)(3), by striking
``8C'' and inserting ``8D''.</DELETED>
<DELETED> (3) Spelling.--The Inspector General Act of 1978
(5 U.S.C. App.), as amended by this Act, is further amended--
</DELETED>
<DELETED> (A) in section 3(a), by striking
``subpena'' and inserting ``subpoena'';</DELETED>
<DELETED> (B) in section 6(a)(4), by striking
``subpenas'' and inserting ``subpoenas'';</DELETED>
<DELETED> (C) in section 8D(a)--</DELETED>
<DELETED> (i) in paragraph (1), by striking
``subpenas'' and inserting ``subpoenas'';
and</DELETED>
<DELETED> (ii) in paragraph (2), by striking
``subpena'' each place that term appears and
inserting ``subpoena'';</DELETED>
<DELETED> (D) in section 8E(a)--</DELETED>
<DELETED> (i) in paragraph (1), by striking
``subpenas'' and inserting ``subpoenas'';
and</DELETED>
<DELETED> (ii) in paragraph (2), by striking
``subpena'' each place that term appears and
inserting ``subpoena''; and</DELETED>
<DELETED> (E) in section 8G(d)(1), by striking
``subpena'' and inserting ``subpoena''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Inspector General
Empowerment Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Nonduty status of Inspectors General; supervision.
Sec. 3. Additional authority provisions for Inspectors General.
Sec. 4. Additional responsibilities and resources of the Council of the
Inspectors General on Integrity and
Efficiency.
Sec. 5. Reports and additional information.
Sec. 6. Technical and conforming amendments.
SEC. 2. NONDUTY STATUS OF INSPECTORS GENERAL; SUPERVISION.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 3--
(A) in the section header--
(i) by striking ``supervision;''; and
(ii) by inserting ``administrative leave;''
after ``removal;'';
(B) in subsection (a)--
(i) by striking ``and be under the general
supervision of''; and
(ii) by striking ``or be subject to
supervision by,'';
(C) in subsection (b)--
(i) by striking ``An Inspector General''
and inserting ``(1) An Inspector General'';
(ii) in paragraph (1), as so designated, by
striking the last sentence; and
(iii) by adding at the end the following:
``(2) An Inspector General may not be placed in a paid or unpaid,
nonduty status by the President--
``(A) unless the President, not later than 48 hours after
the President issues the directive to place the Inspector
General in such status, communicates in writing to both Houses
of Congress the reasons for such action, which shall be limited
to evidence that the continued presence in the workplace of the
Inspector General may--
``(i) pose a threat to the employee or others;
``(ii) result in loss of or damage to property of
the Federal Government; or
``(iii) otherwise jeopardize legitimate interests
of the Federal Government; and
``(B) for more than 10 days, unless the Integrity Committee
of the Council of the Inspectors General for Integrity and
Efficiency submits to the President a written recommendation
for additional time, which is acted upon by the President, and
the decision is communicated immediately to both Houses of
Congress.
``(3) Nothing in this subsection shall prohibit a personnel action
otherwise authorized by law.''; and
(2) in section 8G(e)--
(A) in paragraph (2), by striking the last
sentence; and
(B) by adding at the end the following:
``(3) An Inspector General may not be placed in a paid or unpaid,
nonduty status by the head of a designated Federal entity--
``(A) unless the head of the designated Federal entity, not
later than 48 hours after the head of the designated Federal
entity issues the directive to place the Inspector General in
such status, communicates in writing to both Houses of Congress
the reasons for such action, which shall be limited to evidence
that the continued presence in the workplace of the Inspector
General may--
``(i) pose a threat to the employee or others;
``(ii) result in loss of or damage to property of
the Federal Government; or
``(iii) otherwise jeopardize legitimate interests
of the Federal Government; and
``(B) for more than 10 days, unless the Integrity Committee
of the Council of the Inspectors General for Integrity and
Efficiency submits to the head of the designated Federal entity
a written recommendation for additional time, which is acted
upon by the head of the designated Federal entity, and the
decision is communicated immediately to both Houses of
Congress.
``(4) Nothing in this subsection shall prohibit a personnel action
otherwise authorized by law.''.
SEC. 3. 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) in section 5(a)--
(A) in paragraph (15), by striking ``and'' at the
end;
(B) in paragraph (16), by striking the period at
the end and inserting ``; and''; and
(C) by inserting at the end the following:
``(17) a description of the use of subpoenas for the
attendance and testimony of certain witnesses under section
6A.'';
(2) by inserting after section 6 the following:
``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 current or former
contractor with the Federal Government, a current or former
subcontractor (at any tier) of a contractor with the Federal
Government, a current or former grantee of the Federal Government, a
current or former subgrantee of a grantee of the Federal Government, a
current or former employee of such a contractor, subcontractor,
grantee, or subgrantee, and any former Federal employee (but not
including any Federal employee, who is otherwise obligated to provide
testimony and cooperate with the Inspector General), 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--
``(A) 3 members of the Council of the Inspectors
General on Integrity and Efficiency, as designated by
the Chairperson of the Council of the Inspectors
General on Integrity and Efficiency; or
``(B) in the case of a request by an Inspector
General from the Intelligence Community, the 3 members
designated under subparagraph (A) shall each be members
of the Council of the Inspectors General on Integrity
and Efficiency's Intelligence Community.
``(2) Time to respond.--
``(A) In general.--Except as provided in
subparagraph (B), not later than 10 days after the date
on which a request for approval to issue a subpoena is
submitted under paragraph (1), the Subpoena Panel shall
approve or deny the request.
``(B) Additional information for panel.--If the
Subpoena Panel determines that additional information
is necessary to approve or deny a request for approval
to issue a subpoena under subparagraph (A), the
Subpoena Panel shall, not later than 20 days after the
date on which the request is submitted--
``(i) request the additional information;
and
``(ii) approve or deny the request.
``(3) Denial by panel.--If a majority of the members of the
Subpoena Panel votes to deny a request for approval to issue a
subpoena under subparagraph (B)(ii), the subpoena may not be
issued.
``(c) Notice to Attorney General.--
``(1) In general.--If the Subpoena Panel approves a request
for approval to issue a subpoena under subsection (b)(2), the
Inspector General shall notify the Attorney General that the
Inspector General intends to issue the subpoena.
``(2) Decision of attorney general.--Not later than 10 days
after the date on which the Attorney General is notified under
paragraph (1), the Attorney General may--
``(A) object to the issuance of the subpoena if the
subpoena will interfere with an ongoing matter; or
``(B) approve the issuance of the subpoena.
``(3) Issuance of subpoena approved.--If the Attorney
General approves the issuance of the subpoena or does not
object to the issuance of the subpoena during the 10-day period
described in paragraph (2), the Inspector General may issue the
subpoena.
``(d) Inclusion in Annual Report.--Not later than 1 year after the
date of enactment of this section, and every year thereafter, each
Inspector General shall submit to the Chairperson of the Council of the
Inspectors General on Integrity and Efficiency the number of times the
Inspector General issued a subpoena under this section, which shall be
included by the Chairperson in the annual report required under section
11(b)(3)(B)(viii).
``(e) Rule of Construction.--Nothing in this section shall be
construed to affect the exercise by an Inspector General of any
testimonial subpoena authority established under any other provision of
law.''; and
(3) in section 8G(g)(1), by inserting ``6A,'' before ``and
7''.
(b) Matching Program and Paperwork Reduction Act Exception for
Inspectors General.--Section 6 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(g)(1) In this subsection, the terms `agency', `matching
program', `record', and `system of records' have the meanings given
those terms in section 552a(a) of title 5, United States Code.
``(2) For purposes of section 552a of title 5, United States Code,
or any other provision of law, a computerized comparison of 2 or more
automated Federal systems of records, or a computerized comparison of a
Federal system of records with other records or non-Federal records,
performed by an Inspector General or by an agency in coordination with
an Inspector General in conducting an audit, investigation, inspection,
evaluation, or other review authorized under this Act shall not be
considered a matching program.
``(3) Nothing in this subsection shall be construed to impede the
exercise by an Inspector General of any matching program authority
established under any other provision of law.
``(h) Subchapter I of chapter 35 of title 44, United States Code,
shall not apply to the collection of information during the conduct of
an audit, investigation, inspection, evaluation, or 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. 4. ADDITIONAL RESPONSIBILITIES AND RESOURCES OF 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--
(1) in subsection (b)--
(A) in paragraph (1)(B), by striking ``Director of
National Intelligence'' and inserting ``Intelligence
Community''; and
(B) by amending paragraph (3)(B)(viii) to read as
follows:
``(viii) prepare and transmit an annual
report on behalf of the Council on the
activities of the Council to--
``(I) the President;
``(II) the appropriate committees
of jurisdiction of the Senate and the
House of Representatives;
``(III) the Committee on Homeland
Security and Governmental Affairs of
the Senate; and
``(IV) the Committee on Oversight
and Government Reform of the House of
Representatives.'';
(2) in subsection (c)(1)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) by redesignating subparagraph (H) as
subparagraph (I); and
(C) by inserting after subparagraph (G) the
following:
``(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 1 Office of Inspector
General; and'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (A),
(B), and (D) as clauses (i), (ii), and (iii),
respectively, and adjusting the margins
accordingly;
(iii) in the matter preceding clause (i),
as so redesignated, by striking ``The
Integrity'' and inserting the following:
``(A) In general.--The Integrity'';
(iv) in clause (i), as so redesignated, by
striking ``, who'' and all that follows through
``Committee'';
(v) in clause (iii), as so redesignated, by
inserting ``or the designee of the Director''
before the period at the end; and
(vi) by adding at the end the following:
``(B) Chairperson.--
``(i) In general.--The Integrity Committee
shall elect 1 of the Inspectors General
referred to in subparagraph (A)(ii) to act as
Chairperson of the Integrity Committee.
``(ii) Term.--The term of office of the
Chairperson of the Integrity Committee shall be
2 years.'';
(B) by amending paragraph (5) to read as follows:
``(5) Review of allegations.--
``(A) In general.--Not later than 7 calendar days
after the date on which the Integrity Committee
receives an allegation of wrongdoing against an
Inspector General or against a staff member of an
Office of Inspector General described under paragraph
(4)(C), the allegation of wrongdoing shall be reviewed
and referred to the Department of Justice or the Office
of Special Counsel for investigation, or to the
Integrity Committee for review, as appropriate, by--
``(i) a representative of the Department of
Justice, as designated by the Attorney General;
``(ii) a representative of the Office of
Special Counsel, as designated by the Special
Counsel; and
``(iii) a representative of the Integrity
Committee, as designated by the Chairperson of
the Integrity Committee.
``(B) Referral to the chairperson.--Not later than
15 calendar days after the date on which an allegation
of wrongdoing is referred to the Integrity Committee
under subparagraph (A), the Integrity Committee shall
determine whether to refer the allegation of wrongdoing
to the Chairperson of the Integrity Committee to
initiate an investigation.'';
(C) in paragraph (6)--
(i) in subparagraph (A), by striking
``paragraph (5)(C)'' and inserting ``paragraph
(5)(B)''; and
(ii) in subparagraph (B)(i), by striking
``may'' and inserting ``shall'';
(D) in paragraph (7)--
(i) in subparagraph (B)--
(I) in clause (i)--
(aa) in subclause (III), by
striking ``and'' at the end;
(bb) in subclause (IV), by
striking the period at the end
and inserting a semicolon; and
(cc) by adding at the end
the following:
``(V) except as provided in clause
(ii), ensuring, to the extent possible,
that investigations are conducted by
Offices of Inspector General of similar
size;
``(VI) creating a process for
rotation of Inspectors General assigned
to investigate allegations through the
Integrity Committee; and
``(VII) creating procedures to
avoid conflicts of interest for
Integrity Committee investigations.'';
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) Exception.--The requirement under
clause (i)(V) shall not apply to any Office of
Inspector General with less than 50 employees
who are authorized to conduct audits or
investigations.'';
(ii) by striking subparagraph (C); and
(iii) by inserting after subparagraph (B)
the following:
``(C) Completion of investigation.--If an
allegation of wrongdoing is referred to the Chairperson
of the Integrity Committee under paragraph (5)(B), the
Chairperson of the Integrity Committee--
``(i) shall complete the investigation not
later than 120 calendar days after the date on
which the Integrity Committee made the
referral;
``(ii) if the investigation cannot be
completed within the 120-day period described
in clause (i), shall--
``(I) promptly notify the
congressional committees described in
paragraph (8)(A)(iii); and
``(II) brief the congressional
committees described in paragraph
(8)(A)(iii) every 30 days until the
investigation is complete.
``(D) Concurrent investigation.--If an allegation
of wrongdoing against an Inspector General or a staff
member of an Office of Inspector General described
under paragraph (4)(C) is referred to the Department of
Justice or the Office of Special Counsel under
paragraph (5)(A), the Chairperson of the Integrity
Committee may conduct any related investigation
referred to the Chairperson under paragraph (5)(B)
concurrently with the Department of Justice or the
Office of Special Counsel, as applicable.
``(E) Reports.--
``(i) Integrity committee investigations.--
For each investigation of an allegation of
wrongdoing referred to the Chairperson of the
Integrity Committee under paragraph (5)(B), the
Chairperson of the Integrity Committee shall
submit to members of the Integrity Committee
and to the Chairperson of the Council a report
containing the results of the investigation.
``(ii) Other investigations.--For each
allegation of wrongdoing referred to the
Department of Justice or the Office of Special
Counsel under paragraph (5)(A), the Attorney
General or the Special Counsel, as applicable,
shall submit to the Integrity Committee a
report containing the results of the
investigation.
``(iii) Availability to congress.--Any
Member of Congress shall have access to any
report authored by the Integrity Committee.'';
(E) by striking paragraph (8)(A)(iii) and inserting
the following:
``(iii) submit the report, with the
recommendations of the Integrity Committee, to
the Committee on Homeland Security and
Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of
the House of Representatives, and other
congressional committees of jurisdiction; and
``(iv) following the submission of the
report under clause (iii) and upon request by
any Member of Congress, submit the report, with
the recommendations of the Integrity Committee,
to that Member.'';
(F) in paragraph (9)(B), by striking ``other
agencies'' and inserting ``the Department of Justice or
the Office of Special Counsel'';
(G) in paragraph (10), by striking ``any of the
following'' and all that follows through the period at
the end and inserting ``any Member of Congress.''; and
(H) by adding at the end the following:
``(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 to the
same extent and in the same manner as in the
case of an allegation against an Inspector
General or against a staff member of an Office
of Inspector General described under paragraph
(4)(C), subject to the requirement that the
representative designated by the Special
Counsel under paragraph (5)(A)(ii) shall recuse
himself or herself from the consideration of
any allegation brought under this paragraph.
``(ii) Coordination with existing
provisions of law.--This paragraph shall 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 paragraph
involves section 2302(b)(8) of such title, a
failure to obtain corrective action within 120
days after the date on which the 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
such 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 may otherwise apply.
``(13) Committee records.--The Chairperson of the Council
shall maintain the records of the Integrity Committee.''; and
(4) by adding at the end the following:
``(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) $7,500,000 for fiscal year 2016.
``(2) $7,800,000 for fiscal year 2017.
``(3) $8,100,000 for fiscal year 2018.
``(4) $8,500,000 for fiscal year 2019.
``(5) $8,900,000 for fiscal year 2020.
``(6) $9,300,000 for fiscal year 2021.''.
SEC. 5. REPORTS AND ADDITIONAL INFORMATION.
(a) Report on Vacancies in the Offices of Inspector General.--The
Comptroller General of the United States shall--
(1) 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 Inspector
General to effectively carry out statutory
requirements; and
(D) recommendations to minimize the duration of
such vacancies;
(2) not later than 9 months after the date of enactment of
this Act, present a briefing on the findings of the study
conducted under paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Government
Reform of the House of Representatives; and
(3) not later than 15 months after the date of enactment of
this Act, submit a report on the findings of the study
conducted under paragraph (1) to the committees described in
paragraph (2).
(b) Report on Issues Involving Multiple Offices of Inspector
General.--The Council of the Inspectors General on Integrity and
Efficiency shall--
(1) conduct an analysis of critical issues that involve the
jurisdiction of more than 1 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 the
Offices of Inspector General on critical issues; and
(2) not later than 1 year after the date of enactment of
this Act, submit a report on the findings of the analysis
described in paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Government
Reform of the House of Representatives.
(c) Additional Information.--
(1) In general.--On a semiannual basis to coincide with the
preparation of the semiannual report required under section 5
of the Inspector General Act of 1978 (5 U.S.C. App.), the
Office of Inspector General (in this subsection referred to as
the ``Office'') of each Federal agency or department shall
submit to the appropriate committees of jurisdiction in the
Senate and the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Oversight and Government Reform of the House
of Representatives--
(A) a report on each investigation conducted by the
Office involving employees of the Federal agency or
department, as applicable, receiving pay at the rate
specified for GS-15 level or above of the General
Schedule under section 5332 of title 5, United States
Code, where misconduct was found but no prosecution
resulted, including--
(i) a detailed description of the facts and
circumstances of the investigation; and
(ii) a detailed description of 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 and an explanation of the
reasons for the declination;
(B) reports authored by the Office that are not
available to the public;
(C) 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 Federal agency or
department imposed to hold that official accountable,
provided that the Office obtains whistleblower consent
before revealing the whistleblower's personally
identifiable information to Congress;
(D) a detailed description of any attempt by the
Federal agency or department, as applicable, to
interfere with the independence of the Office,
including--
(i) with communication between the Office
and Congress; and
(ii) with budget constraints designed to
limit the capabilities of the Office;
(E) detailed descriptions of the particular
circumstances of each--
(i) investigation, evaluation, and audit
conducted by the Office that is closed and was
not disclosed to the public;
(ii) outstanding unimplemented
recommendation of the Office, as well as the
aggregate potential cost savings of those open
recommendations; and
(iii) incident where the Federal agency or
department, as applicable, has resisted or
objected to oversight activities of the Office
or restricted or significantly delayed access
to information, including the justification of
the Federal agency or department for such
action; and
(F) a narrative description of any audit,
evaluation, and inspection provided by the Office to
the Federal agency or department, as applicable, for
comment that was not returned within 60 days.
(2) Availability to members of congress.--The information
described in paragraph (1) shall be available upon request by
any Member of Congress.
(d) Duty to Submit and Make Available to the Public Certain Work
Products.--Section 4 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(e)(1) Whenever an Inspector General, in carrying out the duties
and responsibilities established under this Act, issues a work product
that makes a recommendation or otherwise suggests corrective action,
the Inspector General shall--
``(A) submit the work product to--
``(i) the head of the establishment;
``(ii) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate;
``(iii) the Committee on Oversight and Government
Reform and the Committee on Appropriations of the House
of Representatives;
``(iv) the congressional committees of
jurisdiction;
``(v) if the work product was initiated upon
request by an individual or entity other than the
Inspector General, that individual or entity; and
``(vi) any Member of Congress upon request; and
``(B) not later than 3 days after the work product is
submitted in final form to the head of the establishment, post
the work product on the website of the Office of Inspector
General.
``(2) Nothing in this subsection shall be construed to authorize
the public disclosure of information that is specifically prohibited
from disclosure by any other provision of law.''.
(e) Posting of Reports on Websites of Offices of Inspectors
General.--Section 8M(b) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in paragraph (1)(A), by striking ``is made publicly
available'' and inserting ``is submitted in final form to the
head of the Federal agency or the head of the designated
Federal entity, as applicable''; and
(2) by adding at the end the following:
``(3) Rule of construction.--Nothing in this subsection
shall be construed to authorize the public disclosure of
information that is prohibited from disclosure by any other
provision of law.''.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Repeals.--
(1) Inspector general act of 2008.--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.
(2) Financial services and general government
appropriations act, 2009.--Section 744 of the Financial
Services and General Government Appropriations Act, 2009
(division D of Public Law 111-8; 123 Stat. 693) is repealed.
(b) Agency Applicability.--
(1) Amendments.--The Inspector General Act of 1978 (5
U.S.C. App.), as amended by this Act, is further amended--
(A) in section 8M--
(i) in subsection (a)(1)--
(I) by striking ``Each agency'' and
inserting ``Each Federal agency and
designated Federal entity''; and
(II) by striking ``that agency''
each place that term appears and
inserting ``that Federal agency or
designated Federal entity'';
(ii) in subsection (b)--
(I) in paragraph (1), by striking
``agency'' and inserting ``Federal
agency and designated Federal entity'';
and
(II) in paragraph (2), by striking
``agency'' each place that term appears
and inserting ``Federal agency and
designated Federal entity''; and
(iii) by adding at the end the following:
``(c) Definitions.--In this section, the terms `designated Federal
entity' and `head of the designated Federal entity' have the meanings
given those terms in section 8G(a).''; 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 (as defined in section 8G(a))''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 180 days after the date
of enactment of this Act.
(c) Requirements for Inspectors General Websites.--Section 8M(b)(1)
of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by
this Act, is further 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)'' each place that term appears and inserting
``report (or portion of that report)''.
(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 this Act, is
further amended--
(A) in section 4(b)(2)--
(i) by striking ``8F(a)(2)'' each place
that term appears and inserting ``8G(a)(2)'';
and
(ii) by striking ``8F(a)(1)'' and inserting
``8G(a)(1)'';
(B) in section 5(a)(13), by striking ``05(b)'' and
inserting ``804(b)'';
(C) in section 6(a)(4), by striking ``information,
as well as any tangible thing)'' and inserting
``information), as well as any tangible thing''; and
(D) in section 8G(g)(3), by striking ``8C'' and
inserting ``8D''.
(3) Spelling.--The Inspector General Act of 1978 (5 U.S.C.
App.), as amended by this Act, is further amended--
(A) in section 3(a), by striking ``subpena'' and
inserting ``subpoena'';
(B) in section 6(a)(4), by striking ``subpenas''
and inserting ``subpoenas'';
(C) in section 8D(a)--
(i) in paragraph (1), by striking
``subpenas'' and inserting ``subpoenas''; and
(ii) in paragraph (2), by striking
``subpena'' each place that term appears and
inserting ``subpoena'';
(D) in section 8E(a)--
(i) in paragraph (1), by striking
``subpenas'' and inserting ``subpoenas''; and
(ii) in paragraph (2), by striking
``subpena'' each place that term appears and
inserting ``subpoena''; and
(E) in section 8G(d)(1), by striking ``subpena''
and inserting ``subpoena''.
Calendar No. 68
114th CONGRESS
1st Session
S. 579
[Report No. 114-36]
_______________________________________________________________________
A BILL
To amend the Inspector General Act of 1978 to strengthen the
independence of the Inspectors General, and for other purposes.
_______________________________________________________________________
May 5, 2015
Reported with an amendment