IIB 

114TH CONGRESS 

2D SESSION H. R. 2395 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2016 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend the Inspector General Act of 1978 to strengthen 

the independence of the Inspectors General, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Inspector General Empowerment Act of 2016’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Full and prompt access to all documents. 

Sec. 3. Additional authority provisions for Inspectors General. 

Sec. 4. Additional responsibilities of the Council of the Inspectors General on 

Integrity and Efficiency. 

Sec. 5. Amendments to the Inspector General Act of 1978 and the Inspector 

General Reform Act of 2008. 

Sec. 6. Reports required. 

Sec. 7. Public release of misconduct report. 

Sec. 8. No additional funds authorized. 

6 SEC. 2. FULL AND PROMPT ACCESS TO ALL DOCUMENTS. 

7 (a) AUTHORITY.—Section 6 of the Inspector General 

8 Act of 1978 (5 U.S.C. App.) is amended— 

9 (1) by amending subsection (a)(1) to read as 

10 follows: 

11 ‘‘(1)(A) notwithstanding any other provision of 

12 law, except any provision of law enacted by Congress 

13 that expressly refers to an Inspector General and ex14 pressly limits the right of access by that Inspector 

15 General, to have timely access to all records, reports, 

16 audits, reviews, documents, papers, recommenda17 tions, or other materials available to the applicable 

18 establishment which relate to programs and oper19 ations with respect to which that Inspector General 

20 has responsibilities under this Act; and 


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1 ‘‘(B) except as provided in subsection (i), with 

2 regard to Federal grand jury materials protected 

3 from disclosure pursuant to Federal Rule of Crimi4 nal Procedure 6(e), to have timely access to such in5 formation if the Attorney General grants the request 

6 in accordance with subsection (g);’’; and 

7 (2) by adding at the end the following new sub8 sections: 

9 ‘‘(g) REQUIREMENTS RELATED TO REQUEST FOR

10 FEDERAL GRAND JURY MATERIALS.— 

11 ‘‘(1) TRANSMISSION OF REQUEST TO ATTORNEY

12 GENERAL.—If the Inspector General of an establish13 ment submits a request to the head of the establish14 ment for Federal grand jury materials pursuant to 

15 subsection (a)(1), the head of the establishment 

16 shall immediately notify the Attorney General of 

17 such request. 

18 ‘‘(2) ATTORNEY GENERAL DETERMINATION.— 

19 Not later than 15 days after the date on which a re20 quest is submitted to the Attorney General under 

21 paragraph (1), the Attorney General shall determine 

22 whether to grant or deny the request for Federal 

23 grand jury materials and shall immediately notify 

24 the head of the establishment of such determination. 

25 The Attorney General shall grant the request unless 


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1 the Attorney General determines that granting ac2 cess to the Federal grand jury materials would be 

3 likely to— 

4 ‘‘(A) interfere with an ongoing criminal in5 vestigation or prosecution; 

6 ‘‘(B) interfere with an undercover oper7 ation; 

8 ‘‘(C) result in disclosure of the identity of 

9 a confidential source, including a protected wit10 ness; 

11 ‘‘(D) pose a serious threat to national se12 curity; or 

13 ‘‘(E) result in significant impairment of 

14 the trade or economic interests of the United 

15 States. 

16 ‘‘(3) TRANSMITTAL OF DETERMINATION TO

17 THE INSPECTOR GENERAL.— 

18 ‘‘(A) NOTIFICATION OF ATTORNEY GEN19 ERAL DETERMINATION.—The head of the estab20 lishment shall inform the Inspector General of 

21 the establishment of the determination made by 

22 the Attorney General with respect to the re23 quest for Federal grand jury materials. 

24 ‘‘(B) COMMENTS BY INSPECTOR GEN25 ERAL.—The Inspector General of the establishVerDate Sep 11 2014 23:51 Jun 22, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2395.RFS H2395

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1 ment described under subparagraph (A) may 

2 submit comments on the determination sub3 mitted pursuant to such subparagraph to the 

4 committees listed under paragraph (4) that the 

5 Inspector General considers appropriate. 

6 ‘‘(4) SUBMISSION OF DENIALS TO CONGRESS BY

7 THE ATTORNEY GENERAL.—Not later than 30 days 

8 after notifying the head of an establishment of a de9 nial pursuant to paragraph (2), the Attorney Gen10 eral shall submit a statement that the request for 

11 Federal grand jury materials by the Inspector Gen12 eral was denied and the reason for the denial to each 

13 of the following: 

14 ‘‘(A) The Committees on Homeland Secu15 rity and Governmental Affairs and the Judici16 ary of the Senate. 

17 ‘‘(B) The Committees on Oversight and 

18 Government Reform and the Judiciary of the 

19 House of Representatives. 

20 ‘‘(C) Other appropriate committees and 

21 subcommittees of Congress. 

22 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec23 tion may be construed as authorizing an Inspector General 

24 to publicly disclose information otherwise prohibited from 

25 disclosure by law. 


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1 ‘‘(i) EXCEPTION.—Subsections (a)(1)(B) and (g) 

2 shall not apply to requests from the Inspector General of 

3 the Department of Justice.’’. 

4 (b) SPECIAL PROVISIONS CONCERNING THE DE5 PARTMENT OF JUSTICE.—Section 8E(b) of the Inspector 

6 General Act of 1978 (5 U.S.C. App.) is amended— 

7 (1) in paragraph (4), by striking ‘‘; and’’ and 

8 inserting a semicolon; 

9 (2) in paragraph (5), by striking the period at 

10 the end and insert ‘‘; and’’; and 

11 (3) by inserting after paragraph (5) the fol12 lowing new paragraph: 

13 ‘‘(6) shall have access under section 6(a)(1)(A) 

14 to information available to the Department of Jus15 tice under Federal Rule of Criminal Procedure 

16 6(e).’’. 

17 SEC. 3. ADDITIONAL AUTHORITY PROVISIONS FOR INSPEC18 TORS GENERAL. 

19 (a) SUBPOENA AUTHORITY FOR INSPECTORS GEN20 ERAL TO REQUIRE TESTIMONY OF CERTAIN PERSONS.— 

21 The Inspector General Act of 1978 (5 U.S.C. App.) is 

22 amended— 

23 (1) by inserting after section 6 the following 

24 new section: 


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1 ‘‘SEC. 6A. ADDITIONAL AUTHORITY. 

2 ‘‘(a) TESTIMONIAL SUBPOENA AUTHORITY.—In ad3 dition to the authority otherwise provided by this Act and 

4 in accordance with the requirements of this section, each 

5 Inspector General, in carrying out the provisions of this 

6 Act (or in the case of an Inspector General or Special In7 spector General not established under this Act, the provi8 sions of the authorizing statute), is authorized to require 

9 by subpoena the attendance and testimony of witnesses 

10 as necessary in the performance of the functions assigned 

11 to the Inspector General by this Act (or in the case of 

12 an Inspector General or Special Inspector General not es13 tablished under this Act, the functions assigned by the au14 thorizing statute), in the case of contumacy or refusal to 

15 obey, shall be enforceable by order of any appropriate 

16 United States district court. An Inspector General may 

17 not require by subpoena the attendance and testimony of 

18 any current Federal employees, but may use other author19 ized procedures. 

20 ‘‘(b) NONDELEGATION.—The authority to issue a 

21 subpoena under subsection (a) may not be delegated. 

22 ‘‘(c) PANEL REVIEW BEFORE ISSUANCE.— 

23 ‘‘(1) APPROVAL REQUIRED.— 

24 ‘‘(A) REQUEST FOR APPROVAL BY SUB25 POENA PANEL.—Before the issuance of a sub26 poena described in subsection (a), an Inspector 


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1 General shall submit a request for approval to 

2 issue a subpoena to a panel (in this section, re3 ferred to as the ‘Subpoena Panel’), which shall 

4 be comprised of three Inspectors General of the 

5 Council of the Inspectors General on Integrity 

6 and Efficiency, who shall be designated by the 

7 Inspector General serving as Chairperson of the 

8 Council. 

9 ‘‘(B) PROTECTION FROM DISCLOSURE.— 

10 The information contained in the request sub11 mitted by an Inspector General under subpara12 graph (A) and the identification of a witness 

13 shall be protected from disclosure to the extent 

14 permitted by law. Any request for disclosure of 

15 such information shall be submitted to the In16 spector General requesting the subpoena. 

17 ‘‘(2) TIME TO RESPOND.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the Subpoena Panel shall 

20 approve or deny a request for approval to issue 

21 a subpoena not later than 10 days after the 

22 submission of such request. 

23 ‘‘(B) ADDITIONAL INFORMATION FOR

24 PANEL.—If the Subpoena Panel determines 

25 that additional information is necessary to apVerDate Sep 11 2014 23:51 Jun 22, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2395.RFS H2395

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1 prove or deny such request, the Subpoena Panel 

2 shall request such information and shall ap3 prove or deny such request not later than 20 

4 days after the submission of such request. 

5 ‘‘(3) DENIAL BY PANEL.—If a majority of the 

6 Subpoena Panel denies the approval of a subpoena, 

7 that subpoena may not be issued. 

8 ‘‘(d) NOTICE TO ATTORNEY GENERAL.— 

9 ‘‘(1) IN GENERAL.—If the Subpoena Panel ap10 proves a subpoena under subsection (c), the Inspec11 tor General shall notify the Attorney General that 

12 the Inspector General intends to issue the subpoena. 

13 ‘‘(2) DENIAL FOR INTERFERENCE WITH AN ON14 GOING INVESTIGATION.—Not later than 10 days 

15 after the date on which the Attorney General is noti16 fied pursuant to paragraph (1), the Attorney Gen17 eral may object to the issuance of the subpoena be18 cause the subpoena will interfere with an ongoing in19 vestigation and the subpoena may not be issued. 

20 ‘‘(3) ISSUANCE OF SUBPOENA APPROVED.—If 

21 the Attorney General does not object to the issuance 

22 of the subpoena during the 10-day period described 

23 in paragraph (2), the Inspector General may issue 

24 the subpoena. 


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1 ‘‘(e) REGULATIONS.—The Chairperson of the Council 

2 of the Inspectors General on Integrity and Efficiency, in 

3 consultation with the Attorney General, shall prescribe 

4 regulations to carry out the purposes of this section. 

5 ‘‘(f) INSPECTOR GENERAL DEFINED.—For purposes 

6 of this section, the term ‘Inspector General’ includes each 

7 Inspector General established under this Act and each In8 spector General or Special Inspector General not estab9 lished under this Act. 

10 ‘‘(g) APPLICABILITY.—The provisions of this section 

11 shall not affect the exercise of authority by an Inspector 

12 General of testimonial subpoena authority established 

13 under another provision of law.’’; 

14 (2) in section 5(a)— 

15 (A) in paragraph (15), by striking ‘‘; and’’ 

16 and inserting a semicolon; 

17 (B) in paragraph (16), by striking the pe18 riod at the end and inserting ‘‘; and’’; and 

19 (C) by inserting at the end the following 

20 new paragraph: 

21 ‘‘(17) a description of the use of subpoenas for 

22 the attendance and testimony of certain witnesses 

23 authorized under section 6A.’’; and 

24 (3) in section 8G(g)(1), by inserting ‘‘6A,’’ be25 fore ‘‘and 7’’. 


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1 (b) MATCHING PROGRAM AND PAPERWORK REDUC2 TION ACT EXCEPTION FOR INSPECTORS GENERAL.—Sec3 tion 6 of the Inspector General Act of 1978 (5 U.S.C. 

4 App.), as amended by section 2(a), is further amended by 

5 adding at the end the following: 

6 ‘‘(j)(1) In this subsection, the terms ‘agency’, ‘match7 ing program’, ‘record’, and ‘system of records’ have the 

8 meanings given those terms in section 552a(a) of title 5, 

9 United States Code. 

10 ‘‘(2) For purposes of section 552a of title 5, United 

11 States Code, or any other provision of law, a computerized 

12 comparison of two or more automated Federal systems of 

13 records, or a computerized comparison of a Federal sys14 tem of records with other records or non-Federal records, 

15 performed by an Inspector General or by an agency in co16 ordination with an Inspector General in conducting an 

17 audit, investigation, inspection, evaluation, or other review 

18 authorized under this Act shall not be considered a match19 ing program. 

20 ‘‘(3) Nothing in this subsection shall be construed to 

21 impede the exercise by an Inspector General of any match22 ing program authority established under any other provi23 sion of law. 

24 ‘‘(h) Subchapter I of chapter 35 of title 44, United 

25 States Code, shall not apply to the collection of informaVerDate Sep 11 2014 23:51 Jun 22, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2395.RFS H2395

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1 tion during the conduct of an audit, investigation, inspec2 tion, evaluation, or other review conducted by the Council 

3 of the Inspectors General on Integrity and Efficiency or 

4 any Office of Inspector General, including any Office of 

5 Special Inspector General.’’. 

6 SEC. 4. ADDITIONAL RESPONSIBILITIES OF THE COUNCIL 

7 OF THE INSPECTORS GENERAL ON INTEG8 RITY AND EFFICIENCY. 

9 (a) FUNCTIONS AND DUTIES OF COUNCIL.—Section 

10 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C. 

11 App.) is amended— 

12 (1) in subparagraph (G), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (2) by redesignating subparagraph (H) as sub15 paragraph (I); and 

16 (3) by inserting after subparagraph (G) the fol17 lowing new subparagraph: 

18 ‘‘(H) except for any investigation, inspec19 tion, audit, or review conducted under section 

20 103H of the National Security Act of 1947 (50 

21 U.S.C. 3033), receive, review, and mediate any 

22 disputes submitted in writing to the Council by 

23 an Office of Inspector General regarding an 

24 audit, investigation, inspection, evaluation, or 


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1 project that involves the jurisdiction of more 

2 than one Federal agency or entity; and’’. 

3 (b) INTEGRITY COMMITTEE.—Section 11(d) of the 

4 Inspector General Act of 1978 (5 U.S.C. App.) is amend5 ed— 

6 (1) in paragraph (5)— 

7 (A) in subparagraph (B), by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (B) in subparagraph (C), by striking the 

10 period at the end and inserting ‘‘; and’’; and 

11 (C) by inserting at the end the following 

12 new subparagraph: 

13 ‘‘(D) not later than 60 days after the date 

14 on which an allegation of wrongdoing is re15 ceived by the Integrity Committee, make a de16 termination whether the Integrity Committee 

17 will initiate an investigation of such allegation 

18 under this subsection.’’; 

19 (2) in paragraph (6)(B)(i), by striking ‘‘may 

20 provide resources’’ and inserting ‘‘shall provide as21 sistance’’; and 

22 (3) in paragraph (7)— 

23 (A) in subparagraph (B)(i)— 

24 (i) in subclause (III), by striking ‘‘; 

25 and’’ and inserting a semicolon; 


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1 (ii) in subclause (IV), by striking the 

2 period at the end and inserting a semi3 colon; and 

4 (iii) by inserting at the end the fol5 lowing new subclauses: 

6 ‘‘(V) creating a regular rotation 

7 of Inspectors General assigned to in8 vestigate complaints through the In9 tegrity Committee; and 

10 ‘‘(VI) creating procedures to 

11 avoid conflicts of interest for Integrity 

12 Committee investigations.’’; 

13 (B) by redesignating subparagraph (C) as 

14 subparagraph (E); and 

15 (C) by inserting after subparagraph (B) 

16 the following new subparagraphs: 

17 ‘‘(C) COMPLETION OF INVESTIGATION.—If 

18 a determination is made under paragraph (5) to 

19 initiate an investigation, the Integrity Com20 mittee— 

21 ‘‘(i) shall complete the investigation 

22 not later than 6 months after the date on 

23 which the Integrity Committee made such 

24 determination; 


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1 ‘‘(ii) if the investigation cannot be 

2 completed within such 6-month period, 

3 shall— 

4 ‘‘(I) promptly notify the congres5 sional committees listed in paragraph 

6 (8)(A)(iii); and 

7 ‘‘(II) to the maximum extent 

8 practicable, complete the investigation 

9 not later than 3 months after the ex10 piration of the 6-month period; and 

11 ‘‘(iii) if the investigation cannot be 

12 completed within such 9-month period, 

13 shall brief the congressional committees 

14 listed in paragraph (8)(A)(iii) every 30 

15 days until the investigation is complete. 

16 ‘‘(D) CONCURRENT INVESTIGATION.—If an 

17 investigation of an allegation of wrongdoing 

18 against an Inspector General or a staff member 

19 of an Office of Inspector General described 

20 under paragraph (4)(C) is initiated by a gov21 ernmental entity other than the Integrity Com22 mittee, the Integrity Committee may conduct 

23 any related investigation for which a determina24 tion to initiate an investigation was made under 


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1 paragraph (5) concurrently with the other gov2 ernment entity.’’. 

3 (c) TECHNICAL CORRECTION; DESIGNEE AUTHOR4 ITY.—Section 11 of the Inspector General Act of 1978 (5 

5 U.S.C. App.) is amended— 

6 (1) in subsection (b)(1)(B) by striking ‘‘Office 

7 of the Director of National Intelligence’’ and insert8 ing ‘‘Intelligence Community’’; and 

9 (2) in subsection (d)(2)— 

10 (A) in subparagraph (C), by inserting ‘‘or 

11 the designee of the Special Counsel’’ before the 

12 period at the end; and 

13 (B) in subparagraph (D), by inserting ‘‘or 

14 the designee of the Director’’ before the period 

15 at the end. 

16 SEC. 5. AMENDMENTS TO THE INSPECTOR GENERAL ACT 

17 OF 1978 AND THE INSPECTOR GENERAL RE18 FORM ACT OF 2008. 

19 (a) INCORPORATION OF PROVISIONS FROM THE IN20 SPECTOR GENERAL REFORM ACT OF 2008 INTO THE IN21 SPECTOR GENERAL ACT OF 1978.— 

22 (1) AMENDMENT.—Section 11(d) of the Inspec23 tor General Act of 1978 (5 U.S.C. App.) is amended 

24 by adding at the end the following new paragraph: 


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1 ‘‘(12) ALLEGATIONS OF WRONGDOING AGAINST

2 SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL.— 

3 ‘‘(A) SPECIAL COUNSEL DEFINED.—In this 

4 paragraph, the term ‘Special Counsel’ means 

5 the Special Counsel appointed under section 

6 1211(b) of title 5, United States Code. 

7 ‘‘(B) AUTHORITY OF INTEGRITY COM8 MITTEE.— 

9 ‘‘(i) IN GENERAL.—An allegation of 

10 wrongdoing against the Special Counsel or 

11 the Deputy Special Counsel may be re12 ceived, reviewed, and referred for investiga13 tion by the Integrity Committee to the 

14 same extent and in the same manner as in 

15 the case of an allegation against an Inspec16 tor General (or a member of the staff of 

17 an Office of Inspector General), subject to 

18 the requirement that the Special Counsel 

19 recuse himself or herself from the consider20 ation of any allegation brought under this 

21 paragraph. 

22 ‘‘(ii) COORDINATION WITH EXISTING

23 PROVISIONS OF LAW.—This paragraph 

24 does not eliminate access to the Merit Sys25 tems Protection Board for review under 


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1 section 7701 of title 5, United States 

2 Code. To the extent that an allegation 

3 brought under this subsection involves sec4 tion 2302(b)(8) of that title, a failure to 

5 obtain corrective action within 120 days 

6 after the date on which that allegation is 

7 received by the Integrity Committee shall, 

8 for purposes of section 1221 of such title, 

9 be considered to satisfy section 

10 1214(a)(3)(B) of that title. 

11 ‘‘(C) REGULATIONS.—The Integrity Com12 mittee may prescribe any rules or regulations 

13 necessary to carry out this paragraph, subject 

14 to such consultation or other requirements as 

15 might otherwise apply.’’. 

16 (2) CONFORMING AMENDMENT.—Section 7(b) 

17 of the Inspector General Reform Act of 2008 (Public 

18 Law 110–409; 122 Stat. 4312; 5 U.S.C. 1211 note) 

19 is repealed. 

20 (b) AGENCY APPLICABILITY.— 

21 (1) AMENDMENTS.—The Inspector General Act 

22 of 1978 (5 U.S.C. App.), as amended by section 

23 3(a), is further amended— 

24 (A) in section 8M— 

25 (i) in subsection (a)(1)— 


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1 (I) by striking ‘‘agency’’ the first 

2 place it appears and inserting ‘‘Fed3 eral agency and designated Federal 

4 entity’’; and 

5 (II) by striking ‘‘agency’’ the sec6 ond and third place it appears and in7 serting ‘‘Federal agency or designated 

8 Federal entity’’; and 

9 (ii) in subsection (b)— 

10 (I) in paragraph (1), by striking 

11 ‘‘agency’’ and inserting ‘‘Federal 

12 agency and designated Federal enti13 ty’’; and 

14 (II) in paragraph (2)— 

15 (aa) in subparagraph (A), 

16 by striking ‘‘agency’’ and insert17 ing ‘‘Federal agency and des18 ignated Federal entity’’; and 

19 (bb) in subparagraph (B), 

20 by striking ‘‘agency’’ and insert21 ing ‘‘Federal agency and des22 ignated Federal entity’’; and 

23 (B) in section 11(c)(3)(A)(ii), by striking 

24 ‘‘department, agency, or entity of the executive 


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1 branch’’ and inserting ‘‘Federal agency or des2 ignated Federal entity’’. 

3 (2) IMPLEMENTATION.—Not later than 180 

4 days after the date of the enactment of this Act, the 

5 head and the Inspector General of each Federal 

6 agency and each designated Federal entity (as such 

7 terms are defined in sections 12 and 8G of the In8 spector General Act of 1978 (5 U.S.C. App.), re9 spectively) shall implement the amendments made by 

10 this subsection. 

11 (c) REQUIREMENTS FOR INSPECTORS GENERAL

12 WEBSITES.—Section 8M(b)(1) of the Inspector General 

13 Act of 1978 (5 U.S.C. App.) is amended— 

14 (1) in subparagraph (A), by striking ‘‘report or 

15 audit (or portion of any report or audit)’’ and insert16 ing ‘‘audit report, inspection report, or evaluation 

17 report (or portion of any such report)’’; and 

18 (2) by striking ‘‘report or audit (or portion of 

19 that report or audit)’’ and inserting ‘‘report (or por20 tion of that report)’’, each place it appears. 

21 (d) CORRECTIONS.— 

22 (1) EXECUTIVE ORDER NUMBER.—Section 

23 7(c)(2) of the Inspector General Reform Act of 2008 

24 (Public Law 110–409; 122 Stat. 4313; 31 U.S.C. 


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1 501 note) is amended by striking ‘‘12933’’ and in2 serting ‘‘12993’’. 

3 (2) PUNCTUATION AND CROSS-REFERENCES.— 

4 The Inspector General Act of 1978 (5 U.S.C. App.), 

5 as amended by section 3(a) and subsection (b), is 

6 further amended— 

7 (A) in section 4(b)(2)— 

8 (i) by striking ‘‘8F(a)(2)’’ and insert9 ing ‘‘8G(a)(2)’’, each place it appears; and 

10 (ii) by striking ‘‘8F(a)(1)’’ and insert11 ing ‘‘8G(a)(1)’’; 

12 (B) in section 6(a)(4), by striking ‘‘infor13 mation, as well as any tangible thing)’’ and in14 serting ‘‘information), as well as any tangible 

15 thing’’; 

16 (C) in section 8G(g)(3), by striking ‘‘8C’’ 

17 and inserting ‘‘8D’’; and 

18 (D) in section 5(a)(13), by striking 

19 ‘‘05(b)’’ and inserting ‘‘804(b)’’. 

20 (3) SPELLING.—The Inspector General Act of 

21 1978 (5 U.S.C. App.), as amended by section 3(a), 

22 subsection (b), and paragraph (2), is further amend23 ed— 

24 (A) in section 3(a), by striking ‘‘subpena’’ 

25 and inserting ‘‘subpoena’’; 


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1 (B) in section 6(a)(4), by striking ‘‘sub2 pena’’ and ‘‘subpenas’’ and inserting ‘‘sub3 poena’’ and ‘‘subpoenas’’, respectively; 

4 (C) in section 8D(a)— 

5 (i) in paragraph (1), by striking ‘‘sub6 penas’’ and inserting ‘‘subpoenas’’; and 

7 (ii) in paragraph (2), by striking 

8 ‘‘subpena’’ and inserting ‘‘subpoena’’, each 

9 place it appears; 

10 (D) in section 8E(a)— 

11 (i) in paragraph (1), by striking ‘‘sub12 penas’’ and inserting ‘‘subpoenas’’; and 

13 (ii) in paragraph (2), by striking 

14 ‘‘subpena’’ and inserting ‘‘subpoena’’, each 

15 place it appears; and 

16 (E) in section 8G(d), by striking ‘‘sub17 pena’’ and inserting ‘‘subpoena’’. 

18 (e) REPEAL.—Section 744 of the Financial Services 

19 and General Government Appropriations Act, 2009 (divi20 sion D of Public Law 111–8; 123 Stat. 693) is repealed. 

21 SEC. 6. REPORTS REQUIRED. 

22 (a) REPORT ON VACANCIES IN THE OFFICES OF IN23 SPECTOR GENERAL.— 

24 (1) GAO STUDY REQUIRED.—The Comptroller 

25 General shall conduct a study of prolonged vacancies 


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1 in the Offices of Inspector General, during which a 

2 temporary appointee has served as the head of the 

3 office that includes— 

4 (A) the number and duration of Inspector 

5 General vacancies; 

6 (B) an examination of the extent to which 

7 the number and duration of such vacancies has 

8 changed over time; 

9 (C) an evaluation of the impact such va10 cancies have had on the ability of the relevant 

11 Office of the Inspector General to effectively 

12 carry out statutory requirements; and 

13 (D) recommendations to minimize the du14 ration of such vacancies. 

15 (2) COMMITTEE BRIEFING REQUIRED.—Not 

16 later than 9 months after the date of the enactment 

17 of this Act, the Comptroller General shall present a 

18 briefing on the findings of the study described in 

19 subsection (a) to the Committee on Oversight and 

20 Government Reform of the House of Representatives 

21 and the Committee on Homeland Security and Gov22 ernmental Affairs of the Senate. 

23 (3) REPORT TO CONGRESS.—Not later than 15 

24 months after the date of the enactment of this Act, 

25 the Comptroller General shall submit a report on the 


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1 findings of the study described in subsection (a) to 

2 the Committee on Oversight and Government Re3 form of the House of Representatives and the Com4 mittee on Homeland Security and Governmental Af5 fairs of the Senate. 

6 (b) REPORT ON ISSUES INVOLVING MULTIPLE OF7 FICES OF INSPECTOR GENERAL.— 

8 (1) EXAMINATION REQUIRED.—The Council of 

9 the Inspectors General on Integrity and Efficiency 

10 shall conduct an analysis of critical issues that in11 volve the jurisdiction of more than one individual 

12 Federal agency or entity to identify— 

13 (A) each such issue that could be better 

14 addressed through greater coordination among, 

15 and cooperation between, individual Offices of 

16 Inspector General; 

17 (B) the best practices that can be em18 ployed by the Offices of Inspector General to in19 crease coordination and cooperation on each 

20 issue identified; and 

21 (C) any recommended statutory changes 

22 that would facilitate coordination and coopera23 tion among Offices of Inspector General on crit24 ical issues. 


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1 (2) REPORT TO CONGRESS.—Not later than 1 

2 year after the date of the enactment of this Act, the 

3 Council of the Inspectors General on Integrity and 

4 Efficiency shall submit a report on the findings of 

5 the analysis described in subsection (a) to the Com6 mittee on Oversight and Government Reform of the 

7 House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the 

9 Senate. 

10 SEC. 7. PUBLIC RELEASE OF MISCONDUCT REPORT. 

11 (a) PUBLIC RELEASE BY INSPECTORS GENERAL OF

12 REPORT OF MISCONDUCT.—Section 4(a) of the Inspector 

13 General Act of 1978 (5 U.S.C. App.) is amended— 

14 (1) in paragraph (4), by striking ‘‘; and’’ and 

15 inserting a semicolon; 

16 (2) in paragraph (5), by striking the period and 

17 inserting ‘‘; and’’; and 

18 (3) by inserting at the end the following new 

19 paragraph: 

20 ‘‘(6) to make publicly available a final report on 

21 any administrative investigation that confirms mis22 conduct, including any violation of Federal law and 

23 any significant violation of Federal agency policy, by 

24 any senior Government employee (as such term is 

25 defined under section 5(f)), not later than 60 days 


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1 after issuance of the final report, ensuring that in2 formation protected under section 552 of title 5, 

3 United States Code (commonly known as the ‘Free4 dom of Information Act’), section 552a of title 5, 

5 United States Code (commonly known as the ‘Pri6 vacy Act of 1974’), and section 6103 of the Internal 

7 Revenue Code of 1986 is not disclosed.’’. 

8 (b) REPORTS OF MISCONDUCT IN SEMIANNUAL RE9 PORTS.—Section 5 of the Inspector General Act of 1978 

10 (5 U.S.C. App.), as amended by section 2(a)(2), is further 

11 amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (16), by striking ‘‘; and’’ 

14 and inserting a semicolon; 

15 (B) in paragraph (17), by striking the pe16 riod at the end and inserting a semicolon; 

17 (C) by inserting at the end the following 

18 new paragraphs: 

19 ‘‘(18) statistical tables showing— 

20 ‘‘(A) the total number of investigative re21 ports issued during that reporting period; 

22 ‘‘(B) the total number of persons referred 

23 to the Department of Justice for criminal pros24 ecution during that reporting period; 


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1 ‘‘(C) the total number of persons referred 

2 to State and local prosecutive authorities for 

3 criminal prosecution during that reporting pe4 riod; and 

5 ‘‘(D) the total number of indictments and 

6 criminal informations during that reporting pe7 riod that have resulted from any prior referral 

8 to prosecutive authorities; 

9 ‘‘(19) a description of the metrics used for de10 veloping the data for the statistical tables under 

11 paragraph (18); 

12 ‘‘(20) detailed descriptions of each investigation 

13 conducted by the Office involving a senior Govern14 ment employee where allegations of misconduct were 

15 substantiated, including a detailed description of— 

16 ‘‘(A) the facts and circumstances of the in17 vestigation; and 

18 ‘‘(B) the status and disposition of the mat19 ter, including— 

20 ‘‘(i) if the matter was referred to the 

21 Department of Justice, the date of the re22 ferral; and 

23 ‘‘(ii) if the Department of Justice de24 clined the referral, the date of the declina25 tion; and 


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1 ‘‘(21) a list and summary of the particular cir2 cumstances of each— 

3 ‘‘(A) inspection, evaluation, and audit con4 ducted by the Office that is closed and was not 

5 disclosed to the public; and 

6 ‘‘(B) investigation conducted by the Office 

7 that is closed and was not disclosed to the pub8 lic involving a senior Government employee.’’; 

9 and 

10 (2) in subsection (f)— 

11 (A) in paragraph (5), by striking ‘‘and’’ at 

12 the end; 

13 (B) in paragraph (6), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(7) the term ‘senior Government employee’ 

17 means— 

18 ‘‘(A) an officer or employee in the execu19 tive branch (including a special Government 

20 employee as defined in section 202 of title 18, 

21 United States Code) who occupies a position 

22 classified at or above GS–15 of the General 

23 Schedule or, in the case of positions not under 

24 the General Schedule, for which the rate of 

25 basic pay is equal to or greater than 120 perVerDate Sep 11 2014 23:51 Jun 22, 2016 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2395.RFS H2395

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1 cent of the minimum rate of basic pay payable 

2 for GS–15 of the General Schedule; and 

3 ‘‘(B) any commissioned officer in the 

4 Armed Forces in pay grades O–6 and above.’’. 

5 SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED. 

6 No additional funds are authorized to carry out the 

7 requirements of this Act and the amendments made by 

8 this Act. Such requirements shall be carried out using 

9 amounts otherwise authorized. 

Passed the House of Representatives June 21, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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