89–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–1045 

INSPECTOR GENERAL ACCESS ACT OF 2017 

NOVEMBER 27, 2018.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. GOWDY, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 3154] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 3154) to amend the Inspector General 

Act of 1978 relative to the powers of the Department of Justice Inspector General, having considered the same, report favorably 

thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Summary and Purpose of Legislation .................................................................... 2 

Background and Need for Legislation .................................................................... 2 

Statement of Oversight Findings and Recommendations of the Committee ...... 3 

Statement of General Performance Goals and Objectives .................................... 3 

Legislative History .................................................................................................. 3 

Committee Consideration ........................................................................................ 3 

Roll Call Votes ......................................................................................................... 3 

Explanation of Amendments ................................................................................... 4 

Application of Law to the Legislative Branch ....................................................... 4 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rule Makings ..................................................................... 4 

Federal Advisory Committee Act ............................................................................ 4 

Unfunded Mandates Statement .............................................................................. 4 

Earmark Identification ............................................................................................ 4 

Committee Estimate ................................................................................................ 4 

New Budget Authority and Congressional Budget Office Cost Estimate ........... 5 

Section-by-Section Analysis .................................................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 


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1 5 U.S.C. App. 

2 Inspector General Act of 1978 § 3(a); Pub. L. No. 95–452. 

3 Council of the Inspectors Gen. on Integrity & Efficiency, the Inspectors General, (July 14, 

2014), https://www.ignet.gov/sites/default/files/files/IG_Authorities_Paper_-_Final_6-11-14.pdf. 4Dep’t of Justice Office of the Inspector Gen., Reports, https://oig.justice.gov/reports/ (last visited Oct. 16, 2018). 5Dep’t of Justice Office of the Inspector Gen., Investigative Findings in Cases Involving Administrative Misconduct, https://oig.justice.gov/reports/inv-findings.htm (last visited Oct. 16, 

2018). 6Dep’t of Justice Office of Professional Responsibility, Resources: OPR Annual Reports, https:// 

www.justice.gov/opr/resources (last visited Oct. 16, 2018). 

SUMMARY AND PURPOSE OF LEGISLATION

H.R. 3154, the Inspector General Access Act of 2017, harmonizes 

the Department of Justice (DOJ) Office of Inspector General’s 

(OIG) authority to investigate all allegations of misconduct at the 

Department of Justice. The bill repeals a provision requiring the 

OIG to refer certain allegations of misconduct involving DOJ attorneys to the DOJ Office of Professional Responsibility (OPR). 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 3154 addresses a statutory relic that prevents the DOJ OIG 

from investigating certain misconduct at DOJ. Currently, the DOJ 

OIG must refer allegations of misconduct by DOJ attorneys to the 

DOJ OPR, rather than initiate an investigation itself. The DOJ 

OPR was in existence prior to the statutory creation of the DOJ 

OIG in 1988, and DOJ OPR retained this specific authority when 

the DOJ OIG was created. The legislation addresses this issue by 

amending section 8E of the Inspector General Act of 1978 to repeal 

the provision requiring the DOJ OIG to refer allegations of misconduct.1

This bifurcation of investigative authority is unnecessary. The 

DOJ OIG is in some cases better positioned to conduct investigations of DOJ attorneys than OPR. For instance, the DOJ OIG—like 

all federal OIGs—maintains a level of independence from the management of the agency it oversees.2 This helps limit the potential 

for conflicts of interest that may cause a biased review. OPR does 

not have the same statutory requirement for independence. The Director of OPR is selected and appointed by the Attorney General, 

answers to the Attorney General, and can be removed or disciplined by the Attorney General. The DOJ Inspector General is appointed by the President, confirmed by the Senate, and can only be 

removed by the President after notification to Congress.3

The DOJ OIG’s independence is bolstered by the transparency of 

the work the office conducts. For instance, DOJ OIG audits and investigative reports are available on a publicly accessible website.4

The public website contains a full archive of DOJ OIG’s completed 

reports and limits information only when necessary pursuant to 

statutory or other restrictions. The OIG recently began publishing 

summaries of investigations that resulted in findings of administrative misconduct, even when the subject is not prosecuted.5 This 

is in stark contrast to the content available on the DOJ OPR’s 

website. The DOJ OPR only publishes summaries of a sample of 

cases investigated by the office and in a single, annual report.6

Thus, it is difficult to assess the office’s findings and conclusions. 

The restrictions on the scope of DOJ OIG’s investigative authority are unique. With few exceptions, other OIGs do not face similar 


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7 Recommendations and Reforms from the Inspectors General: Hearing Before the H. Comm. 

on Oversight & Gov’t Reform, 115th Cong. (2017) (statement of Michael Horowitz, Inspector 

Gen., Dep’t of Justice), https://oig.justice.gov/testimony/t170321.pdf. 8Letter from Office of Gen. Counsel, General Accounting Office, to Jack Brooks, Chairman, 

H. Comm. on the Judiciary (GAO/OGC–94–24) (Apr. 15, 1994), http://www.gao.gov/assets/400/ 

390452.pdf. 

limitations on their investigative authority. DOJ Inspector General 

Michael Horowitz testified before the Committee on November 15, 

2017, on this very issue, explaining the need to repeal the provision.7 The Government Accountability Office offered a similar recommendation, advising Congress that ‘‘transferring OPR’s functions into [the] OIG would promote the basic principles underlying 

the Inspector General Act.’’ 8

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

previous section. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of this bill is to amend the Inspector General Act of 1978 relative to the powers of the Department of Justice Inspector General. 

LEGISLATIVE HISTORY

On June 29, 2017, Representative Cedric Richmond (D–LA) introduced H.R. 3154, the Inspector General Access Act of 2017, with 

Representatives Jody Hice (R–GA) and John Conyers (D–MI). H.R. 

3154 was referred to the Committee on Oversight and Government 

Reform. The Committee considered H.R. 3154 at a business meeting on September 27, 2018 and ordered the bill favorably reported 

by unanimous consent. 

Senator Mike Lee (R–UT), Senator Chuck Grassley (R–IA), and 

Senator Lisa Murkowski (R–AK) introduced S. 3003, the Senate 

companion to H.R. 3154, on June 6, 2018. S. 3003 was referred to 

the Senate Committee on the Judiciary. 

In the 114th Congress, Representative Richmond introduced H.R. 

2240, the Inspector General Access Act of 2015, an identical bill to 

H.R. 3154. H.R. 2240 was referred to the Committee on Oversight 

and Government Reform. Also in the 114th Congress, Senator Lee 

introduced S. 618 as a companion to H.R. 2240. 

COMMITTEE CONSIDERATION

On September 27, 2018, the Committee met in open session and, 

with a quorum being present, ordered the bill favorably reported by 

unanimous consent, without amendment. 

ROLL CALL VOTES

There were no roll call votes requested or conducted during Committee consideration of H.R. 3154. 


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EXPLANATION OF AMENDMENTS

There were no amendments to H.R. 3154 offered or adopted during Committee consideration of the bill. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill amends the Inspector 

General Act of 1978 relative to the powers of the Department of 

Justice Inspector General. As such, this bill does not relate to employment or access to public services and accommodations. 

DUPLICATION OF FEDERAL PROGRAMS

In accordance with clause 2(c)(5) of rule XIII no provision of this 

bill establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public 

Law 111–139, or a program related to a program identified in the 

most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

This bill does not direct the completion of any specific rule makings within the meaning of section 551 of title 5, United States 

Code. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of Section 5(b) of the appendix to title 5, United States 

Code. 

UNFUNDED MANDATES STATEMENT

Pursuant to section 423 of the Congressional Budget Act of 1974 

the Committee has included a letter received from the Congressional Budget Office below. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI of the House of Representatives. 

COMMITTEE ESTIMATE

Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of the 

House of Representatives, the Committee includes below a cost estimate of the bill prepared by the Director of the Congressional 

Budget Office under section 402 of the Congressional Budget Act 

of 1974. 


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NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE

COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the House of Representatives, the cost estimate prepared by the Congressional Budget Office and submitted pursuant to section 402 of the Congressional 

Budget Act of 1974 is as follows: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, October 11, 2018. 

Hon. TREY GOWDY, Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3154, the Inspector General Access Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

MARK P. HADLEY

(For Keith Hall, Director). 

Enclosure. 

H.R. 3154—Inspector General Access Act of 2017 

H.R. 3154 would shift authority within the Department of Justice to investigate certain cases of internal misconduct. Some cases 

that are now handled by the Office of Professional Responsibility 

would instead be handled by the Office of Inspector General. Using 

information from the department, CBO estimates that implementing H.R. 3154 would not significantly affect spending in any 

fiscal year because the department could implement the bill with 

existing personnel. 

Enacting the legislation would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 3154 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 3154 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 establishes the short title of the bill. 

Section 2. Investigations of Department of Justice personnel 

Section 2 amends section 8E of the Inspector General Act of 1978 

(Appendix to title 5, United States Code) to repeal a provision requiring the Department of Justice Inspector General to refer allegations of misconduct involving Department attorneys to the Office 

of Professional Responsibility if the allegations relate to the exerVerDate Sep 11 2014 07:02 Dec 01, 2018 Jkt 089006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1045.XXX HR1045

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cise of the authority of an attorney to investigate, litigate, or provide legal advice. Also, this section makes several technical 

changes to the surrounding paragraphs to reflect the repeal. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

INSPECTOR GENERAL ACT OF 1978 

* * * * * * * 

SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF JUSTICE

SEC. 8E. (a)(1) Notwithstanding the last two sentences of section 

3(a), the Inspector General shall be under the authority, direction, 

and control of the Attorney General with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning— 

(A) ongoing civil or criminal investigations or proceedings; 

(B) undercover operations; 

(C) the identity of confidential sources, including protected 

witnesses; 

(D) intelligence or counterintelligence matters; or 

(E) other matters the disclosure of which would constitute a 

serious threat to national security. 

(2) With respect to the information described under paragraph 

(1), the Attorney General may prohibit the Inspector General from 

carrying out or completing any audit or investigation, from accessing information described in paragraph (1), or from issuing any 

subpoena, after such Inspector General has decided to initiate, 

carry out, or complete such audit or investigation, access such information, or to issue such subpoena, if the Attorney General determines that such prohibition is necessary to prevent the disclosure 

of any information described under paragraph (1) or to prevent the 

significant impairment to the national interests of the United 

States. 

(3) If the Attorney General exercises any power under paragraph 

(1) or (2), the Attorney General shall notify the Inspector General 

in writing stating the reasons for such exercise. Within 30 days 

after receipt of any such notice, the Inspector General shall transmit a copy of such notice to the Committees on Governmental Affairs and Judiciary of the Senate and the Committees on Government Operations and Judiciary of the House of Representatives, 

and to other appropriate committees or subcommittees of the Congress. 

(b) In carrying out the duties and responsibilities specified in this 

Act, the Inspector General of the Department of Justice— 

(1) may initiate, conduct and supervise such audits and investigations in the Department of Justice as the Inspector General considers appropriate; 


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(2) except as specified in subsection (a) øand paragraph (3)¿, may investigate allegations of criminal wrongdoing or administrative misconduct by an employee of the Department of Justice, or may, in the discretion of the Inspector General, refer 

such allegations to the Office of Professional Responsibility or 

the internal affairs office of the appropriate component of the 

Department of Justice; 

ø(3) shall refer to the Counsel, Office of Professional Responsibility of the Department of Justice, allegations of misconduct 

involving Department attorneys, investigators, or law enforcement personnel, where the allegations relate to the exercise of 

the authority of an attorney to investigate, litigate, or provide 

legal advice, except that no such referral shall be made if the 

attorney is employed in the Office of Professional Responsibility;¿ 

ø(4)¿ (3) may investigate allegations of criminal wrongdoing 

or administrative misconduct by a person who is the head of 

any agency or component of the Department of Justice; and 

ø(5)¿ (4) shall forward the results of any investigation conducted under øparagraph (4)¿ paragraph (3), along with any 

appropriate recommendation for disciplinary action, to the Attorney General. 

(c) Any report required to be transmitted by the Attorney General to the appropriate committees or subcommittees of the Congress under section 5(d) shall also be transmitted, within the 

seven-day period specified under such section, to the Committees 

on the Judiciary and Governmental Affairs of the Senate and the 

Committees on the Judiciary and Government Operations of the 

House of Representatives. 

(d) The Attorney General shall ensure by regulation that any 

component of the Department of Justice receiving a nonfrivolous allegation of criminal wrongdoing or administrative misconduct by an 

employee of the Department of Justiceø, except with respect to allegations described in subsection (b)(3),¿ shall report that information to the Inspector General. 

* * * * * * * 

Æ 


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