Text: H.R.6450 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-317 (12/16/2016)

 
[114th Congress Public Law 317]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 1595]]

Public Law 114-317
114th Congress

                                 An Act


 
      To amend the Inspector General Act of 1978 to strengthen the 
         independence of the Inspectors General, and for other 
            purposes. <<NOTE: Dec. 16, 2016 -  [H.R. 6450]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Inspector 
General Empowerment Act of 2016. 5 USC app. 1 note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Inspector General 
Empowerment Act of 2016''.
    (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. Additional responsibilities of the Council of the Inspectors 
           General on Integrity and Efficiency.
Sec. 4. Reports and additional information.
Sec. 5. Full and prompt access to all documents.
Sec. 6. Access to information for certain Inspectors General.
Sec. 7. Technical and conforming amendments.
Sec. 8. No additional funds authorized.

SEC. 2. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL.

    Section 6 of the Inspector General Act of 1978 <<NOTE: 5 USC app. 
6.>>  (5 U.S.C. App.), as amended by section 5 of this Act, is amended 
by adding at the end the following:

    ``(j)(1) <<NOTE: Records. Definitions.>>  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 two 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.
    ``(k) 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.''.

[[Page 130 STAT. 1596]]

SEC. 3. ADDITIONAL RESPONSIBILITIES OF THE COUNCIL OF THE 
                    INSPECTORS GENERAL ON INTEGRITY AND 
                    EFFICIENCY.

    Section 11 of the Inspector General Act of 1978 <<NOTE: 5 USC app. 
11.>>  (5 U.S.C. App.) is amended--
            (1) in subsection (b)(3)(B), by amending clause (viii) to 
        read as follows:
                          ``(viii) <<NOTE: Reports.>>  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) except for matters coordinated among 
                Inspectors General under section 3033 of title 50, 
                United States Code, 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 Office of 
                Inspector General; and''; 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 
                      ``the 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 one 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) <<NOTE: Deadline.>>  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

[[Page 130 STAT. 1597]]

                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.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), 
                      not <<NOTE: Deadline. Determination.>> later than 
                      30 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.
                          ``(ii) <<NOTE: Deadline. Notification.>>  
                      Extension.--The 30-day period described in clause 
                      (i) may be extended for an additional period of 30 
                      days if the Integrity Committee provides written 
                      notice to the congressional committees described 
                      in paragraph (8)(A)(iii) that includes a detailed, 
                      case-specific description of why the additional 
                      time is needed to evaluate the allegation of 
                      wrongdoing.'';
                    (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 
                      provide resources'' and inserting ``shall provide 
                      assistance'';
                    (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.'';

[[Page 130 STAT. 1598]]

                          (ii) by striking subparagraph (C); and
                          (iii) by inserting after subparagraph (B) the 
                      following:
                    ``(C) <<NOTE: Deadlines.>>  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 150 days after the date on which the 
                      Integrity Committee made the referral; and
                          ``(ii) if the investigation cannot be 
                      completed within the 150-day period described in 
                      clause (i), shall--
                                    ``(I) <<NOTE: Notification.>>  
                                promptly notify the congressional 
                                committees described in paragraph 
                                (8)(A)(iii); and
                                    ``(II) <<NOTE: Briefing.>>  brief 
                                the congressional committees described 
                                in paragraph (8)(A)(iii) every 30 days 
                                regarding the status of the 
                                investigation and the general reasons 
                                for delay 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.--
                                    ``(I) In general.--The congressional 
                                committees described in paragraph 
                                (8)(A)(iii) shall have access to any 
                                report authored by the Integrity 
                                Committee.
                                    ``(II) Members of congress.--Subject 
                                to any other provision of law that would 
                                otherwise prohibit disclosure of such 
                                information, the Integrity Committee may 
                                provide any report authored by the 
                                Integrity Committee to any Member of 
                                Congress.'';
                    (E) by striking paragraph (8)(A)(iii) and inserting 
                the following:

[[Page 130 STAT. 1599]]

                          ``(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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadline.>>  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.''.
SEC. 4. REPORTS AND ADDITIONAL INFORMATION.

    (a) Report on Vacancies in the Offices of Inspector General.--The 
Comptroller General of the United States shall--

[[Page 130 STAT. 1600]]

            (1) <<NOTE: Study.>>  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) <<NOTE: Examination.>>  an examination of the 
                extent to which the number and duration of such 
                vacancies has changed over time;
                    (C) <<NOTE: Evaluation.>>  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) <<NOTE: Recommenda- tions.>>  recommendations to 
                minimize the duration of such vacancies;
            (2) <<NOTE: Briefing.>>  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) <<NOTE: Analysis.>>  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 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.--Section 5 of the Inspector General Act 
of 1978 (5 U.S.C. App) <<NOTE: 5 USC app. 5.>> is amended--
            (1) in subsection (a)--
                    (A) in paragraph (10)--
                          (i) by striking ``period for which'' and 
                      inserting ``period--
                    ``(A) for which''; and
                          (ii) by adding at the end the following:
                    ``(B) for which no establishment comment was 
                returned within 60 days of providing the report to the 
                establishment; and

[[Page 130 STAT. 1601]]

                    ``(C) for which there are any outstanding 
                unimplemented recommendations, including the aggregate 
                potential cost savings of those recommendations.'';
                    (B) in paragraph (15), by striking ``and'' at the 
                end;
                    (C) in paragraph (16), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(17) statistical tables showing--
                    ``(A) the total number of investigative reports 
                issued during the reporting period;
                    ``(B) the total number of persons referred to the 
                Department of Justice for criminal prosecution during 
                the reporting period;
                    ``(C) the total number of persons referred to State 
                and local prosecuting authorities for criminal 
                prosecution during the reporting period; and
                    ``(D) the total number of indictments and criminal 
                informations during the reporting period that resulted 
                from any prior referral to prosecuting authorities;
            ``(18) a description of the metrics used for developing the 
        data for the statistical tables under paragraph (17);
            ``(19) a report on each investigation conducted by the 
        Office involving a senior Government employee where allegations 
        of misconduct were substantiated, including a detailed 
        description of--
                    ``(A) the facts and circumstances of the 
                investigation; and
                    ``(B) 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;
            ``(20) a detailed description of any instance of 
        whistleblower retaliation, including information about the 
        official found to have engaged in retaliation and what, if any, 
        consequences the establishment imposed to hold that official 
        accountable;
            ``(21) a detailed description of any attempt by the 
        establishment to interfere with the independence of the Office, 
        including--
                    ``(A) with budget constraints designed to limit the 
                capabilities of the Office; and
                    ``(B) incidents where the establishment has resisted 
                or objected to oversight activities of the Office or 
                restricted or significantly delayed access to 
                information, including the justification of the 
                establishment for such action; and
            ``(22) detailed descriptions of the particular circumstances 
        of each--
                    ``(A) inspection, evaluation, and audit conducted by 
                the Office that is closed and was not disclosed to the 
                public; and
                    ``(B) investigation conducted by the Office 
                involving a senior Government employee that is closed 
                and was not disclosed to the public.'';
            (2) in subsection (e), by adding at the end the following:

    ``(4) Subject to any other provision of law that would otherwise 
prohibit disclosure of such information, the information described

[[Page 130 STAT. 1602]]

in paragraph (1) may be provided to any Member of Congress upon request.
    ``(5) An Office may not provide to Congress or the public any 
information that reveals the personally identifiable information of a 
whistleblower under this section unless the Office first obtains the 
consent of the whistleblower.''; and
            (3) in subsection (f)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) <<NOTE: Definition.>>  the term `senior Government 
        employee' means--
                    ``(A) an officer or employee in the executive branch 
                (including a special Government employee as defined in 
                section 202 of title 18, United States Code) who 
                occupies a position classified at or above GS-15 of the 
                General Schedule or, in the case of positions not under 
                the General Schedule, for which the rate of basic pay is 
                equal to or greater than 120 percent of the minimum rate 
                of basic pay payable for GS-15 of the General Schedule; 
                and
                    ``(B) any commissioned officer in the Armed Forces 
                in pay grades O-6 and above.''.

    (d) Duty To Submit and Make Available to the Public Certain 
Recommendations.--Section 4 of the Inspector General Act of 1978 (5 
U.S.C. App.) <<NOTE: 5 USC app. 4.>> is amended by adding at the end the 
following:

    ``(e)(1) <<NOTE: Recommenda- tions.>>  In carrying out the duties 
and responsibilities established under this Act, whenever an Inspector 
General issues a recommendation for corrective action to the agency, the 
Inspector General--
            ``(A) shall submit the document making a recommendation for 
        corrective action to--
                    ``(i) the head of the establishment;
                    ``(ii) the congressional committees of jurisdiction; 
                and
                    ``(iii) if the recommendation for corrective action 
                was initiated upon request by an individual or entity 
                other than the Inspector General, that individual or 
                entity;
            ``(B) may submit the document making a recommendation for 
        corrective action to any Member of Congress upon request; and
            ``(C) <<NOTE: Deadline. Web posting.>>  not later than 3 
        days after the recommendation for corrective action is submitted 
        in final form to the head of the establishment, post the 
        document making a recommendation for corrective action on the 
        website of the Office of Inspector General.

    ``(2) Nothing in this subsection shall be construed as authorizing 
an Inspector General to publicly disclose information otherwise 
prohibited from disclosure by 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.) <<NOTE: 5 USC app. 8M.>> 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:

[[Page 130 STAT. 1603]]

            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed as authorizing an Inspector General to 
        publicly disclose information otherwise prohibited from 
        disclosure by law.''.
SEC. 5. FULL AND PROMPT ACCESS TO ALL DOCUMENTS.

    Section 6 <<NOTE: 5 USC app. 6.>>  of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1)(A) to have timely access to all records, reports, 
        audits, reviews, documents, papers, recommendations, or other 
        materials available to the applicable establishment which relate 
        to the programs and operations with respect to which that 
        Inspector General has responsibilities under this Act;
            ``(B) to have access under subparagraph (A) notwithstanding 
        any other provision of law, except pursuant to any provision of 
        law enacted by Congress that expressly--
                    ``(i) refers to the Inspector General; and
                    ``(ii) limits the right of access of the Inspector 
                General; and
            ``(C) except as provided in subsection (i), with regard to 
        Federal grand jury materials protected from disclosure pursuant 
        to rule 6(e) of the Federal Rules of Criminal Procedure, to have 
        timely access to such information if the Attorney General grants 
        the request in accordance with subsection (h);'';
            (2) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively;
            (3) by inserting after subsection (a) the following:

    ``(b) Nothing in this section shall be construed as authorizing an 
Inspector General to publicly disclose information otherwise prohibited 
from disclosure by law.''; and
            (4) by inserting after subsection (g), as redesignated, the 
        following:

    ``(h)(1) <<NOTE: Records. Notification.>>  If the Inspector General 
of an establishment submits a request to the head of the establishment 
for Federal grand jury materials pursuant to subsection (a)(1), the head 
of the establishment shall immediately notify the Attorney General of 
such request.

    ``(2) <<NOTE: Deadline. Determinations.>>  Not later than 15 days 
after the date on which a request is submitted to the Attorney General 
under paragraph (1), the Attorney General shall determine whether to 
grant or deny the request for Federal grand jury materials and shall 
immediately notify the head of the establishment of such determination. 
The Attorney General shall grant the request unless the Attorney General 
determines that granting access to the Federal grand jury materials 
would be likely to--
            ``(A) interfere with an ongoing criminal investigation or 
        prosecution;
            ``(B) interfere with an undercover operation;
            ``(C) result in disclosure of the identity of a confidential 
        source, including a protected witness;
            ``(D) pose a serious threat to national security; or
            ``(E) result in significant impairment of the trade or 
        economic interests of the United States.

    ``(3)(A) The head of the establishment shall inform the Inspector 
General of the establishment of the determination made by the

[[Page 130 STAT. 1604]]

Attorney General with respect to the request for Federal grand jury 
materials.
    ``(B) The Inspector General of the establishment described under 
subparagraph (A) may submit comments on the determination submitted 
pursuant to such subparagraph to the committees listed under paragraph 
(4) that the Inspector General considers appropriate.
    ``(4) <<NOTE: Deadline. Statement.>>  Not later than 30 days after 
notifying the head of an establishment of a denial pursuant to paragraph 
(2), the Attorney General shall submit a statement that the request for 
Federal grand jury materials by the Inspector General was denied and the 
reason for the denial to each of the following:
            ``(A) The Committee on Homeland Security and Governmental 
        Affairs, the Committee on the Judiciary, and the Select 
        Committee on Intelligence of the Senate.
            ``(B) The Committee on Oversight and Government Reform, the 
        Committee on the Judiciary, and the Permanent Select Committee 
        on Intelligence of the House of Representatives.
            ``(C) Other appropriate committees and subcommittees of 
        Congress.

    ``(i) Subsections (a)(1)(C) and (h) shall not apply to requests from 
the Inspector General of the Department of Justice.''.
SEC. 6. ACCESS TO INFORMATION FOR CERTAIN INSPECTORS GENERAL.

    The Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
this Act, is amended--
            (1) <<NOTE: 5 USC app. 8.>>  in section 8(b)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (2) <<NOTE: 5 USC app. 8D.>>  in section 8D(a)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (3) <<NOTE: 5 USC app. 8E.>>  in section 8E(a)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (4) <<NOTE: 5 USC app. 8G.>>  in section 8G(d)(2)(A), by 
        inserting ``, or from accessing information available to an 
        element of the intelligence community specified in subparagraph 
        (D),'' after ``investigation'';
            (5) <<NOTE: 5 USC app. 8I.>>  in section 8I(a)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (6) <<NOTE: 5 USC app. 8J.>>  in section 8J, by striking 
        ``or 8H'' and inserting ``8H, or 8N''; and
            (7) by inserting after section 8M the following:

[[Page 130 STAT. 1605]]

``SEC. 8N. <<NOTE: 5 USC app. 8N.>>  ADDITIONAL PROVISIONS WITH 
                      RESPECT TO THE DEPARTMENT OF ENERGY.

    ``(a) <<NOTE: Determination.>>  The Secretary of Energy may prohibit 
the Inspector General of the Department of Energy from accessing 
Restricted Data and nuclear safeguards information protected from 
disclosure under chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 
2161 et seq.) and intelligence or counterintelligence, as defined in 
section 3 of the National Security Act of 1947 (50 U.S.C. 3003), if the 
Secretary of Energy determines that the prohibition is necessary to 
protect the national security or prevent the significant impairment to 
the national security interests of the United States.

    ``(b) <<NOTE: Deadlines. Notification.>>  Not later than 7 days 
after the date on which the Secretary of Energy exercises any power 
authorized under subsection (a), the Secretary shall notify the 
Inspector General of the Department of Energy in writing the reasons for 
such exercise. <<NOTE: Statement.>> Within 30 days after receipt of any 
such notice, the Inspector General of the Department of Energy shall 
submit to the appropriate committees of Congress a statement concerning 
such exercise.''.
SEC. 7. 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) <<NOTE: 5 USC app. 8M note.>> 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) <<NOTE: 5 USC app. 8M.>>  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) <<NOTE: 5 USC app. 11.>>  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) <<NOTE: Time period. 5 USC app. 8M note.>>  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.

[[Page 130 STAT. 1606]]

    (c) Requirements for Inspectors General Websites.--Section 8M(b)(1) 
of the Inspector General Act of 1978 <<NOTE: 5 USC app. 8M.>> (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) <<NOTE: 5 USC app. 11 note.>>  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) <<NOTE: 5 USC app. 4.>>  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) <<NOTE: 5 USC app. 5.>>  in section 5(a)(5), by 
                striking ``section 6(b)(2)'' and inserting ``section 
                6(c)(2)'';
                    (C) in section 5(a)(13), by striking ``05(b)'' and 
                inserting ``804(b)'';
                    (D) <<NOTE: 5 USC app. 6.>>  in section 6(a)(4), by 
                striking ``information, as well as any tangible thing)'' 
                and inserting ``information), as well as any tangible 
                thing'';
                    (E) <<NOTE: 5 USC app. 8A.>>  in section 8A(d), by 
                striking ``section 6(c)'' and inserting ``section 
                6(d)'';
                    (F) in section 8G(g)(3), by striking ``8C'' and 
                inserting ``8D''; and
                    (G) <<NOTE: 5 USC app. 11.>>  in section 
                11(d)(8)(A), in the matter preceding clause (i), by 
                striking ``paragraph (7)(C)'' and inserting ``paragraph 
                (7)(E)''.
            (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. 
        App.), as amended by this Act, is further amended--
                    (A) <<NOTE: 5 USC app. 3.>>  in section 3(a), by 
                striking ``subpena'' and inserting ``subpoena'';
                    (B) in section 6(a)(4), by striking ``subpenas'' and 
                inserting ``subpoenas'';
                    (C) <<NOTE: 5 USC app. 8D.>>  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) <<NOTE: 5 USC app. 8E.>>  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) <<NOTE: 5 USC app. 8G.>>  in section 8G(d)(1), 
                by striking ``subpena'' and inserting ``subpoena''.

[[Page 130 STAT. 1607]]

SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of 
this Act or the amendments made by this Act. The requirements of this 
Act and the amendments made by this Act shall be carried out using 
amounts otherwise authorized.

    Approved December 16, 2016.

LEGISLATIVE HISTORY--H.R. 6450 (S. 579):
---------------------------------------------------------------------------

SENATE REPORTS: No. 114-36 (Comm. on Homeland Security and Governmental 
Affairs) accompanying S. 579.
CONGRESSIONAL RECORD, Vol. 162 (2016):
            Dec. 8, considered and passed House.
            Dec. 9, considered and passed Senate.

                                  <all>