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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2395 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2395

     To amend the Inspector General Act of 1978 to strengthen the 
    independence of the Inspectors General, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2015

 Mr. Chaffetz (for himself, Mr. Cummings, and Mr. Meadows) introduced 
 the following bill; which was referred to the Committee on Oversight 
                         and Government Reform

_______________________________________________________________________

                                 A BILL

 
     To amend the Inspector General Act of 1978 to strengthen the 
    independence of the Inspectors General, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Inspector General 
Empowerment Act of 2015''.
    (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. Paperwork Reduction Act exemption.
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. 2. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL.

    (a) Subpoena Authority for Inspectors General To Require Testimony 
of Certain Persons.--The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) by inserting after section 6 the following new section:

``SEC. 6A. ADDITIONAL AUTHORITY.

    ``(a) Testimonial Subpoena Authority.--In addition to the authority 
otherwise provided by this Act and in accordance with the requirements 
of this section, each Inspector General (and each Special Inspector 
General not established under this Act), in carrying out the provisions 
of this Act (or in the case of a Special Inspector General, the 
provisions of the authorizing statute), is authorized to require by 
subpoena the attendance and testimony of certain witnesses, including a 
contractor with the Federal Government or a designated Federal entity 
and any former Federal employee or employee of a designated Federal 
entity (but not including any Federal employee), necessary in the 
performance of the functions assigned by this Act, which subpoena, in 
the case of contumacy or refusal to obey, shall be enforceable by order 
of any appropriate United States district court.
    ``(b) Nondelegation.--The authority to issue a subpoena under 
subsection (a) may not be delegated.
    ``(c) Limitation.--The authority to issue a subpoena under 
subsection (a) is limited to an investigation of fraud or waste in 
excess of $100,000 unless there is reasonable cause to believe a crime 
has been committed.
    ``(d) Panel Review Before Issuance.--
            ``(1) Approval required.--
                    ``(A) Request for approval by subpoena panel.--
                Before the issuance of a subpoena described in 
                subsection (a), an Inspector General shall submit a 
                request for approval to issue a subpoena to a panel (in 
                this section, referred to as the `Subpoena Panel'), 
                which shall be comprised of three Inspectors General of 
                the Council of the Inspectors General on Integrity and 
                Efficiency, who shall be designated by the Inspector 
                General serving as Chairperson of the Council.
                    ``(B) Reasonable cause.--Any request submitted by 
                an Inspector General under subparagraph (A) shall 
                demonstrate reasonable cause that each witness 
                requested by the subpoena possesses information 
                pertinent and necessary to the investigation.
                    ``(C) Protection from disclosure.--The information 
                contained in the request submitted by an Inspector 
                General under subparagraph (A) and the identification 
                of a witness shall be protected from disclosure to the 
                extent practicable.
            ``(2) Time to respond.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Subpoena Panel shall approve or 
                deny a request for approval to issue a subpoena not 
                later than 10 days after the submission of such 
                request.
                    ``(B) Additional information for panel.--If the 
                Subpoena Panel determines that additional information 
                is necessary to approve or deny such request, the 
                Subpoena Panel shall request such information and shall 
                approve or deny such request not later than 20 days 
                after the submission of such request.
            ``(3) Denial by panel.--If a majority of the Subpoena Panel 
        denies the approval of a subpoena, that subpoena may not be 
        issued.
    ``(e) Notice to Attorney General.--
            ``(1) In general.--If the Subpoena Panel approves a 
        subpoena under subsection (d), the Inspector General shall 
        notify the Attorney General that the Inspector General intends 
        to issue the subpoena.
            ``(2) Denial for interference with an ongoing 
        investigation.--The Attorney General shall approve or deny the 
        issuance of a subpoena. If the Attorney General denies the 
        issuance of the subpoena, the subpoena may not be issued. The 
        Attorney General shall make every effort to issue an approval 
        or denial under this paragraph within 30 days after 
        notification by the Inspector General under paragraph (1).
            ``(3) Issuance of subpoena.--An Inspector General may not 
        issue a subpoena under this section unless the Attorney General 
        approves the issuance of the subpoena.
    ``(f) Regulations.--The Chairperson of the Council of the 
Inspectors General on Integrity and Efficiency, in consultation with 
the Attorney General, shall prescribe regulations to carry out the 
purposes of this section.''; and
            (2) in section 5(a)--
                    (A) in paragraph (15), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (16), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting at the end the following new 
                paragraph:
            ``(17) a description of the use of subpoenas for the 
        attendance and testimony of certain witnesses authorized under 
        section 6A.''.
    (b) Matching Program Exception for Inspectors General.--Section 
6(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in paragraph (8), by striking ``; and'' and inserting a 
        semicolon;
            (2) by redesignating paragraph (9) as paragraph (10); and
            (3) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) notwithstanding paragraph (12) of subsection (e) and 
        subsections (o), (p), (q), (r), and (u) of section 552a of 
        title 5, United States Code--
                    ``(A) to compare, through a matching program (as 
                defined in such section), any Federal records with 
                other Federal or non-Federal records, while conducting 
                an audit, investigation, inspection, evaluation, or 
                other review authorized under this Act to identify 
                weaknesses that may lead to waste, fraud, or abuse and 
                to detect improper payments and fraud; and
                    ``(B) to take action to protect any information 
                collected pursuant to subparagraph (A); and''.

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

    (a) Functions and Duties of Council.--Section 11(c)(1) of the 
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in subparagraph (G), by striking ``; and'' and 
        inserting a semicolon;
            (2) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (G) the following new 
        subparagraph:
                    ``(H) receive, review, and mediate any disputes 
                submitted in writing to the Council by an Office of 
                Inspector General regarding an audit, investigation, 
                inspection, evaluation, or project that involves the 
                jurisdiction of more than one Federal agency or entity; 
                and''.
    (b) Integrity Committee.--Section 11(d) of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended--
            (1) in paragraph (5)--
                    (A) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting at the end the following new 
                subparagraph:
                    ``(D) not later than 60 days after the date on 
                which an allegation of wrongdoing is received by the 
                Integrity Committee, make a determination whether the 
                Integrity Committee will initiate an investigation of 
                such allegation under this subsection.'';
            (2) in paragraph (6)(B)(i), by striking ``may'' and 
        inserting ``shall''; and
            (3) in paragraph (7)--
                    (A) in subparagraph (B)(i)--
                            (i) in subclause (III), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) in subclause (IV), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by inserting at the end the following 
                        new subclauses:
                                    ``(V) creating a regular rotation 
                                of Inspectors General assigned to 
                                investigate complaints through the 
                                Integrity Committee; and
                                    ``(VI) creating procedures to avoid 
                                conflicts of interest for Integrity 
                                Committee investigations.'';
                    (B) by redesignating subparagraph (C) as 
                subparagraph (E); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraphs:
                    ``(C) Completion of investigation.--If a 
                determination is made under paragraph (5) to initiate 
                an investigation, the Integrity Committee--
                            ``(i) shall complete the investigation not 
                        later than six months after the date on which 
                        the Integrity Committee made such 
                        determination;
                            ``(ii) if the investigation cannot be 
                        completed within such six-month period, shall--
                                    ``(I) promptly notify the 
                                congressional committees listed in 
                                paragraph (8)(A)(iii); and
                                    ``(II) to the maximum extent 
                                practicable, complete the investigation 
                                not later than 3 months after the 
                                expiration of the six-month period; and
                            ``(iii) if the investigation cannot be 
                        completed within such nine-month period, shall 
                        brief the congressional committees listed in 
                        paragraph (8)(A)(iii) every thirty days until 
                        the investigation is complete.
                    ``(D) Concurrent investigation.--If an 
                investigation of an allegation of wrongdoing against an 
                Inspector General or a staff member of an Office of 
                Inspector General described under paragraph (4)(C) is 
                initiated by a governmental entity other than the 
                Integrity Committee, the Integrity Committee may 
                conduct any related investigation for which a 
                determination to initiate an investigation was made 
                under paragraph (5) concurrently with the other 
                government entity.''.
    (c) Technical Correction; Designee Authority.--Section 11 of the 
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in subsection (b)(1)(B) by striking ``Director of 
        National Intelligence'' and inserting ``Intelligence 
        Community''; and
            (2) in subsection (d)(2)--
                    (A) in subparagraph (C), by inserting ``or the 
                designee of the Special Counsel'' before the period at 
                the end; and
                    (B) in subparagraph (D), by inserting ``or the 
                designee of the Director'' before the period at the 
                end.

SEC. 4. PAPERWORK REDUCTION ACT EXEMPTION.

    Section 3518(c) of title 44, United States Code, is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraph (3)'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2) Notwithstanding paragraph (3), this subchapter shall not 
apply to the collection of information during the conduct of any 
evaluation, or other review conducted by the Recovery Accountability 
and Transparency Board, or during the conduct of any audit, 
investigation, inspection, evaluation, or any other review conducted by 
the Council of the Inspectors General on Integrity and Efficiency or 
any Office of Inspector General, including any Office of Special 
Inspector General.''.

SEC. 5. AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978 AND THE 
              INSPECTOR GENERAL REFORM ACT OF 2008.

    (a) Incorporation of Provisions From the Inspector General Reform 
Act of 2008 Into the Inspector General Act of 1978.--
            (1) Amendment.--Section 11(d) of the Inspector General Act 
        of 1978 (5 U.S.C. App.) is amended by adding at the end the 
        following new paragraph:
            ``(12) Allegations of wrongdoing against special counsel or 
        deputy special counsel.--
                    ``(A) Special counsel defined.--In this paragraph, 
                the term `Special Counsel' means the Special Counsel 
                appointed under section 1211(b) of title 5, United 
                States Code.
                    ``(B) Authority of integrity committee.--
                            ``(i) In general.--An allegation of 
                        wrongdoing against the Special Counsel or the 
                        Deputy Special Counsel may be received, 
                        reviewed, and referred for investigation by the 
                        Integrity Committee to the same extent and in 
                        the same manner as in the case of an allegation 
                        against an Inspector General (or a member of 
                        the staff of an Office of Inspector General), 
                        subject to the requirement that the Special 
                        Counsel recuse himself or herself from the 
                        consideration of any allegation brought under 
                        this paragraph.
                            ``(ii) Coordination with existing 
                        provisions of law.--This paragraph does not 
                        eliminate access to the Merit Systems 
                        Protection Board for review under section 7701 
                        of title 5, United States Code. To the extent 
                        that an allegation brought under this 
                        subsection involves section 2302(b)(8) of that 
                        title, a failure to obtain corrective action 
                        within 120 days after the date on which that 
                        allegation is received by the Integrity 
                        Committee shall, for purposes of section 1221 
                        of such title, be considered to satisfy section 
                        1214(a)(3)(B) of that title.
                    ``(C) Regulations.--The Integrity Committee may 
                prescribe any rules or regulations necessary to carry 
                out this paragraph, subject to such consultation or 
                other requirements as might otherwise apply.''.
            (2) Conforming amendment.--Section 7(b) of the Inspector 
        General Reform Act of 2008 (Public Law 110-409; 122 Stat. 4312; 
        5 U.S.C. 1211 note) is repealed.
    (b) Agency Applicability.--
            (1) Amendments.--The Inspector General Act of 1978 (5 
        U.S.C. App.), as amended by section 2(a), is further amended--
                    (A) in section 8M--
                            (i) in subsection (a)(1)--
                                    (I) by striking the first 
                                ``agency'' and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and
                                    (II) by striking the second and 
                                third ``agency'' and inserting 
                                ``Federal agency or designated Federal 
                                entity''; and
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), by striking 
                                ``agency'' and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and
                                    (II) in paragraph (2)--
                                            (aa) in subparagraph (A), 
                                        by striking ``agency'' and 
                                        inserting ``Federal agency and 
                                        designated Federal entity''; 
                                        and
                                            (bb) in subparagraph (B), 
                                        by striking ``agency'' and 
                                        inserting ``Federal agency and 
                                        designated Federal entity''; 
                                        and
                    (B) in section 11(c)(3)(A)(ii), by striking 
                ``department, agency, or entity of the executive 
                branch'' and inserting ``Federal agency or designated 
                Federal entity''.
            (2) Implementation.--Not later than 180 days after the date 
        of the enactment of this Act, the head and the Inspector 
        General of each Federal agency and each designated Federal 
        entity (as such terms are defined in sections 12 and 8G of the 
        Inspector General Act of 1978 (5 U.S.C. App.), respectively) 
        shall implement the amendments made by this subsection.
    (c) Requirements for Inspectors General Websites.--Section 8M(b)(1) 
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in subparagraph (A), by striking ``report or audit (or 
        portion of any report or audit)'' and inserting ``audit report, 
        inspection report, or evaluation report (or portion of any such 
        report)''; and
            (2) by striking ``report or audit (or portion of that 
        report or audit)'' and inserting ``report (or portion of that 
        report)'', each place it appears.
    (d) Corrections.--
            (1) Executive order number.--Section 7(c)(2) of the 
        Inspector General Reform Act of 2008 (Public Law 110-409; 122 
        Stat. 4313; 31 U.S.C. 501 note) is amended by striking 
        ``12933'' and inserting ``12993''.
            (2) Punctuation and cross-references.--The Inspector 
        General Act of 1978 (5 U.S.C. App.), as amended by section 2(a) 
        and subsection (b), is further amended--
                    (A) in section 4(b)(2)--
                            (i) by striking ``8F(a)(2)'' and inserting 
                        ``8G(a)(2)'', each place it appears; and
                            (ii) by striking ``8F(a)(1)'' and inserting 
                        ``8G(a)(1)'';
                    (B) in section 6(a)(4), by striking ``information, 
                as well as any tangible thing)'' and inserting 
                ``information), as well as any tangible thing'';
                    (C) in section 8G(g)(3), by striking ``8C'' and 
                inserting ``8D''; and
                    (D) in section 5(a)(13), by striking ``05(b)'' and 
                inserting ``804(b)''.
            (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. 
        App.), as amended by section 2(a), subsection (b), and 
        paragraph (2), is further amended--
                    (A) in section 3(a), by striking ``subpena'' and 
                inserting ``subpoena'';
                    (B) in section 6(a)(4), by striking ``subpena'' and 
                ``subpenas'' and inserting ``subpoena'' and 
                ``subpoenas'', respectively;
                    (C) in section 8D(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' and inserting ``subpoena'', each 
                        place it appears;
                    (D) in section 8E(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' and inserting ``subpoena'', each 
                        place it appears; and
                    (E) in section 8G(d), by striking ``subpena'' and 
                inserting ``subpoena''.
    (e) Repeal.--Section 744 of the Financial Services and General 
Government Appropriations Act, 2009 (division D of Public Law 111-8; 
123 Stat. 693) is repealed.

SEC. 6. REPORTS REQUIRED.

    (a) Report on Vacancies in the Offices of Inspector General.--
            (1) GAO study required.--The Comptroller General shall 
        conduct a study of prolonged vacancies in the Offices of 
        Inspector General, during which a temporary appointee has 
        served as the head of the office that includes--
                    (A) the number and duration of Inspector General 
                vacancies;
                    (B) an examination of the extent to which the 
                number and duration of such vacancies has changed over 
                time;
                    (C) an evaluation of the impact such vacancies have 
                had on the ability of the relevant Office of the 
                Inspector General to effectively carry out statutory 
                requirements; and
                    (D) recommendations to minimize the duration of 
                such vacancies.
            (2) Committee briefing required.--Not later than nine 
        months after the date of the enactment of this Act, the 
        Comptroller General shall present a briefing on the findings of 
        the study described in subsection (a) to the Committee on 
        Oversight and Government Reform of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate.
            (3) Report to congress.--Not later than fifteen months 
        after the date of the enactment of this Act, the Comptroller 
        General shall submit a report on the findings of the study 
        described in subsection (a) to the Committee on Oversight and 
        Government Reform of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.
    (b) Report on Issues Involving Multiple Offices of Inspector 
General.--
            (1) Examination required.--The Council of the Inspectors 
        General on Integrity and Efficiency shall conduct an analysis 
        of critical issues that involve the jurisdiction of more than 
        one individual Federal agency or entity to identify--
                    (A) each such issue that could be better addressed 
                through greater coordination among, and cooperation 
                between, individual Offices of Inspector General;
                    (B) the best practices that can be employed by the 
                Offices of Inspector General to increase coordination 
                and cooperation on each issue identified; and
                    (C) any recommended statutory changes that would 
                facilitate coordination and cooperation among Offices 
                of Inspector General on critical issues.
            (2) Report to congress.--Not later than one year after the 
        date of the enactment of this Act, the Council of the 
        Inspectors General on Integrity and Efficiency shall submit a 
        report on the findings of the analysis described in subsection 
        (a) to the Committee on Oversight and Government Reform of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate.

SEC. 7. PUBLIC RELEASE OF MISCONDUCT REPORT.

    (a) Public Release by Inspectors General of Report of Misconduct.--
Section 4(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (3) by inserting at the end the following new paragraph:
            ``(6) to make publicly available not later than 60 days 
        after issuing a final report on any administrative 
        investigation that confirms misconduct, including any violation 
        of Federal law and any violation of Federal agency policy, by 
        any member of the Senior Executive Service, employee in a 
        position that is excepted from the competitive service because 
        of its confidential, policy-determining, policy-making, or 
        policy-advocating character, or commissioned officer in the 
        Armed Forces in pay grades O-6 and above (ensuring that 
        information protected under section 552 of title 5, United 
        States Code (commonly known as the `Freedom of Information 
        Act'), section 552a of title 5, United States Code (commonly 
        known as the `Privacy Act of 1974'), and section 6103 of the 
        Internal Revenue Code of 1986 is not disclosed).''.
    (b) Reports of Misconduct in Semiannual Reports.--Section 5(a) of 
the Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
section 2(a)(2) is further amended--
            (1) in paragraph (16), by striking ``; and'' and inserting 
        a semicolon;
            (2) in paragraph (17), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting at the end the following new paragraph:
            ``(18) a list of and summary of any administrative 
        investigation that confirms misconduct, including any violation 
        of Federal law and violation of any Federal agency policy, by 
        any member of the Senior Executive Service, employee in a 
        position that is excepted from the competitive service because 
        of its confidential, policy-determining, policy-making, or 
        policy-advocating character, or commissioned officer in the 
        Armed Forces in pay grades O-6 and above.''.
                                 <all>
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