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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5815 Reported in House (RH)]

                                                 Union Calendar No. 363
111th CONGRESS
  2d Session
                                H. R. 5815

                          [Report No. 111-623]

  To amend the Inspector General Act of 1978 to provide authority for 
    Inspectors General to subpoena the attendance and testimony of 
                   witnesses, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2010

  Mr. Towns (for himself and Mr. Issa) introduced the following bill; 
 which was referred to the Committee on Oversight and Government Reform

                           September 23, 2010

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
  To amend the Inspector General Act of 1978 to provide authority for 
    Inspectors General to subpoena the attendance and testimony of 
                   witnesses, 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.

    This Act may be cited as the ``Inspector General Authority 
Improvement Act of 2010''.

SEC. 2. SUBPOENA AUTHORITY FOR INSPECTORS GENERAL TO REQUIRE TESTIMONY 
              OF CERTAIN PERSONS.

    Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in subsection (a)--
                    (A) at the end of paragraph (8), by striking 
                ``and'';
                    (B) at the end of paragraph (9), by striking the 
                period and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(10) to require by subpoena the attendance and testimony 
        of witnesses necessary in the performance of the functions 
        assigned to the Inspector General by this Act, except as 
        provided for and subject to the provisions in subsection 
        (g).''; and
            (2) by adding at the end the following new subsection:
    ``(g)(1) An Inspector General shall use procedures other than 
subpoenas to obtain attendance and testimony from Federal employees.
    ``(2)(A) A subpoena issued under subsection (a)(10) shall provide 
reasonable notice to the individual whose testimony is sought and shall 
state the name of the individual and the place of taking the testimony.
    ``(B) Except as provided in subparagraph (C), a subpoena issued 
under subsection (a)(10), in the case of contumacy or refusal to obey, 
shall be enforceable in the United States District Court in the 
district where the individual whose testimony is sought by subpoena 
resides or in the district of the individual's place of employment.
    ``(C) A proceeding to enforce a subpoena may be brought in the 
United States District Court for the District of Columbia if the 
individual whose testimony is sought by the subpoena resides within 25 
miles of the District of Columbia and if the complaint seeking 
enforcement alleges that a significant portion of the matters that are 
expected to be the subject of the investigation, audit, inspection, 
evaluation, or review occurred in the District of Columbia.
    ``(D) The Attorney General shall represent an Office of Inspector 
General in the enforcement of a subpoena under this subsection.
    ``(3)(A) An Inspector General may not issue a subpoena under 
subsection (a)(10) if the subpoena is being issued in connection with a 
matter in which the Inspector General has reasonable grounds to believe 
there has been a violation of Federal criminal law or section 3729 of 
title 31, United States Code, unless the Inspector General notifies the 
Attorney General of the intention of the Inspector General to issue the 
subpoena, including the name of the individual whose testimony is 
sought and the nature of the testimony sought, at least 15 days before 
issuing the subpoena.
    ``(B) The Inspector General may not issue the subpoena if the 
Attorney General informs the Inspector General, within 14 days after 
receipt of the notification under subparagraph (A), that the Attorney 
General objects to the issuance of the subpoena on one or more of the 
grounds listed in clauses (i) through (iii) of subparagraph (C).
    ``(C) If the Attorney General objects to the issuance of the 
subpoena as described in subparagraph (B) and the Inspector General 
does not agree with the objection of the Attorney General, the Attorney 
General shall, within 30 days after receipt of the notification under 
subparagraph (A), submit an explanation to the Inspector General that 
the taking of the testimony--
            ``(i) is likely to endanger the national security of the 
        United States;
            ``(ii) is likely to interfere with any Federal or State 
        criminal investigation or prosecution; or
            ``(iii) is likely to interfere with any pending 
        investigation under section 3729 of title 31, United States 
        Code, or any civil litigation to which the United States is or 
        is likely to be a party.''.

SEC. 3. INVESTIGATIONS, AUDITS, INSPECTIONS, EVALUATIONS, AND REVIEWS 
              CONDUCTED BY INSPECTORS GENERAL.

    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 
investigation, audit, inspection, evaluation, or other review conducted 
by--
            ``(A) any Federal office of Inspector General, including--
                    ``(i) any office of Inspector General of any 
                establishment, Federal entity, or designated Federal 
                entity as those terms are defined under sections 12(2), 
                8G(a)(1), and 8G(a)(2) of the Inspector General Act of 
                1978 (5 U.S.C. App.), respectively; or
                    ``(ii) any office of Special Inspector General 
                established by statute;
            ``(B) the Council of the Inspectors General on Integrity 
        and Efficiency established under section 11 of the Inspector 
        General Act of 1978 (5 U.S.C. App.); or
            ``(C) the Recovery Accountability and Transparency Board 
        established under section 1521 of division A of the American 
        Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 
        Stat. 289).''.

SEC. 4. ENHANCED INSPECTORS GENERAL AUTHORITY FOR COMPUTER MATCHING.

    Section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App.), 
as amended by section 2, is further amended--
            (1) at the end of paragraph (9), by striking ``and'';
            (2) at the end of paragraph (10), by striking the period 
        and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(11) notwithstanding subsections (o), (p), (q), (r), and 
        (u) of section 552a of title 5, United States Code, 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, inspection, or investigation authorized 
        under this Act to identify weaknesses that make a program 
        vulnerable to fraud, waste, or abuse and to detect improper 
        payments and fraud.''.

<DELETED>SEC. 5. REPORTS AND RESPONSES TO IDENTIFIED PROBLEMS, ABUSES, 
              AND DEFICIENCIES.</DELETED>

<DELETED>    (a) Additional Requirements for the Inspector General 
Report.--Section 5(b) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (2), (3), and (4) 
        as paragraphs (4), (5), and (6), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (1) the following 
        new paragraph:</DELETED>
        <DELETED>    ``(2) a description of any corrective action taken 
        or proposed to be taken with respect to questioned costs, a 
        recommendation that funds be put to better use, significant 
        problems, abuses, and deficiencies identified by the Inspector 
        General;</DELETED>
        <DELETED>    ``(3) any certification required under subsection 
        (e)(2);''.</DELETED>
<DELETED>    (b) Corrective Action.--Section 5 of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (e) and (f) as 
        subsections (f) and (g), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (d) the 
        following new subsection:</DELETED>
<DELETED>    ``(e) Corrective Action by the Head of the 
Establishment.--</DELETED>
        <DELETED>    ``(1) Corrective action.--Except as provided in 
        subsection (b), the head of the establishment shall take 
        corrective action in response to any questioned costs, a 
        recommendation that funds be put to better use, significant 
        problems, abuses, or deficiencies identified by the Inspector 
        General of such establishment.</DELETED>
        <DELETED>    ``(2) Certification to congress.--If the head of 
        the establishment determines that no action is necessary or 
        appropriate with respect to any questioned costs, a 
        recommendation that funds be put to better use, significant 
        problems, abuses, or deficiencies identified by the Inspector 
        General of such establishment, such head shall submit a 
        certification to Congress that no such action is necessary or 
        appropriate.''.</DELETED>

SEC. 5. REPORTS AND RESPONSES TO IDENTIFIED PROBLEMS, ABUSES, AND 
              DEFICIENCIES.

    (a) Additional Requirements for the Inspector General Report.--
Section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (5), (6), and (7), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) a description of any corrective action taken or 
        proposed to be taken with respect to questioned costs, a 
        recommendation that funds be put to better use, or any 
        significant problems, abuses, and deficiencies identified by 
        the Inspector General;
            ``(3) a description of any potential cost savings generated 
        by any corrective action taken pursuant to subsection (e)(1);
            ``(4) any certification required under subsection 
        (e)(2);''.
    (b) Corrective Action.--Section 5 of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Corrective Action by the Head of the Establishment.--
            ``(1) Corrective action.--Except as provided in paragraph 
        (2), the head of the establishment shall take corrective action 
        in response to any questioned costs, a recommendation that 
        funds be put to better use, or any significant problems, 
        abuses, or deficiencies identified by the Inspector General of 
        such establishment.
            ``(2) Certification to congress.--If the head of the 
        establishment determines that no action is necessary or 
        appropriate with respect to any questioned costs, a 
        recommendation that funds be put to better use, or any 
        significant problems, abuses, or deficiencies identified by the 
        Inspector General of such establishment, such head shall submit 
        a certification to Congress that no such action is necessary or 
        appropriate, with a detailed explanation why no such action is 
        necessary or appropriate.''.

SEC. 6. CODIFICATION OF CERTAIN PROVISIONS OF THE INSPECTOR GENERAL 
              REFORM ACT OF 2008 AND OTHER TECHNICAL AMENDMENTS.

    (a) Inspectors General of Designated Federal Entities.--
            (1) Amendment to the inspector general act of 1978.--
        Section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) 
        is amended by adding at the end the following new subsection:
    ``(i) Inspectors General of Designated Federal Entities.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Inspector General of each designated Federal entity 
        shall, for pay and all other purposes, be classified at a 
        grade, level, or rank designation, as the case may be, at or 
        above those of a majority of the senior level executives of 
        that designated Federal entity (such as a General Counsel, 
        Chief Information Officer, Chief Financial Officer, Chief Human 
        Capital Officer, or Chief Acquisition Officer). The pay of an 
        Inspector General of a designated Federal entity shall be not 
        less than the average total compensation (including bonuses) of 
        the senior level executives of that designated Federal entity 
        calculated on an annual basis.
            ``(2) Limitation on adjustment.--
                    ``(A) In general.--In the case of an Inspector 
                General of a designated Federal entity whose pay is 
                adjusted under paragraph (1), the total increase in pay 
                in any fiscal year resulting from that adjustment may 
                not exceed 25 percent of the average total compensation 
                (including bonuses) of the Inspector General of that 
                entity for the preceding 3 fiscal years.
                    ``(B) Sunset of limitation.--The limitation under 
                subparagraph (A) shall not apply to any adjustment made 
                in fiscal year 2013 or each fiscal year thereafter.''.
            (2) Conforming repeal.--Section 4(b) of the Inspector 
        General Reform Act of 2008 (Public Law 110-409; 122 Stat. 4304; 
        5 U.S.C. App. 3 note) is repealed.
    (b) Pay Retention.--
            (1) Amendment to the inspector general act of 1978.--The 
        Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
        adding after section 8L the following new section:

``SEC. 8M. PAY RETENTION.

    ``(a) In General.--The provisions of section 3392(c) of title 5, 
United States Code, other than the terms `performance awards' and 
`awarding of ranks' in paragraph (1) of such section, shall apply to 
career appointees of the Senior Executive Service who are appointed to 
the position of Inspector General on or after October 14, 2008.
    ``(b) Nonreduction in Pay.--Notwithstanding any other provision of 
law, career Federal employees serving on an appointment made pursuant 
to statutory authority found other than in section 3392 of title 5, 
United States Code, shall not suffer a reduction in pay, not including 
any bonus or performance award, as a result of being appointed to the 
position of Inspector General.''.
            (2) Conforming repeal.--Section 4(c) of the Inspector 
        General Reform Act of 2008 (Public Law 110-409; 122 Stat. 4304; 
        5 U.S.C. App. 3 note) is repealed.
    (c) Allegations of Wrongdoing Against Special Counsel or Deputy 
Special Counsel.--
            (1) Amendment to the inspector general act of 1978.--
        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) Definition.--In this paragraph, the term 
                `Special Counsel' refers to 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 subparagraph.
                            ``(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 paragraph 
                        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 repeal.--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.
    (d) Technical Amendments.--
            (1) Correction of spelling.--The Inspector General Act of 
        1978 (5 U.S.C. App.) is 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''.
            (2) Correction of punctuation and cross-references.--
                    (A) The Inspector General Act of 1978 (5 U.S.C. 
                App.) is amended--
                            (i) in section 6(a)(4), by striking 
                        ``information, as well as any tangible thing)'' 
                        and inserting ``information), as well as any 
                        tangible thing''; and
                            (ii) in section 8G(g)(3), by striking 
                        ``8C'' and inserting ``8D''.
                    (B) Section 7(c)(2) of the Inspector General Reform 
                Act of 2008 (Public Law 110-409; 122 Stat. 4313; 
                <DELETED>31 U.S.C. 501 note)</DELETED> 5 U.S.C. App. 11 
                note) is amended by striking ``12933'' and inserting 
                ``12993''.
            (3) Clarification of reference to agency.--
                    (A) The Inspector General Act of 1978 (5 U.S.C. 
                App.) is amended--
                            (i) in section 8L, by striking ``agency'' 
                        and inserting ``Federal agency, establishment, 
                        or designated Federal entity'' each place it 
                        appears; and
                            (ii) in section 11(c)(3)(A)(ii), by 
                        striking ``department, agency, or entity of the 
                        executive branch'' and inserting ``Federal 
                        agency, establishment, or designated Federal 
                        entity''.
                    (B) Not later than 180 days after the date of 
                enactment of this Act, the head of each Federal agency, 
                establishment, and designated Federal entity and the 
                Inspector General of each Federal agency, 
                establishment, and designated Federal entity shall 
                implement the amendments made by this paragraph.
            (4) Other amendments.--
                    (A) Section 8L(b)(1) of the Inspector General Act 
                of 1978 (5 U.S.C. App.) is amended--
                            (i) 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
                            (ii) by striking ``report or audit (or 
                        portion of that report or audit)'' and 
                        inserting ``report (or portion of that 
                        report)'' each place it appears.
                    (B) Section 744 of the Financial Services and 
                General Government Appropriations Act, 2009 (division D 
                of Public Law 111-8; 123 Stat. 693; 5 U.S.C. App. 8L 
                note) is repealed.
                                                 Union Calendar No. 363

111th CONGRESS

  2d Session

                               H. R. 5815

                          [Report No. 111-623]

_______________________________________________________________________

                                 A BILL

  To amend the Inspector General Act of 1978 to provide authority for 
    Inspectors General to subpoena the attendance and testimony of 
                   witnesses, and for other purposes.

_______________________________________________________________________

                           September 23, 2010

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
```