I 

113TH CONGRESS 

2D SESSION H. R. 5492 

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 

SEPTEMBER 16, 2014 

Mr. ISSA (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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Inspector General Empowerment Act of 2014’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Additional authority provisions for Inspectors General. 

Sec. 3. Clarification of resources available to the Council of the Inspectors General on Integrity and Efficiency. 


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

Integrity and Efficiency. 

Sec. 5. Paperwork Reduction Act exemption. 

Sec. 6. Amendments to the Inspector General Act of 1978 and the Inspector 

General Reform Act of 2008. 

Sec. 7. Reports required. 

1 SEC. 2. ADDITIONAL AUTHORITY PROVISIONS FOR INSPEC2 TORS GENERAL. 

3 (a) SUBPOENA AUTHORITY FOR INSPECTORS GEN4 ERAL TO REQUIRE TESTIMONY OF CERTAIN PERSONS.— 

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

6 amended— 

7 (1) by inserting after section 6 the following 

8 new section: 

9 ‘‘SEC. 6A. ADDITIONAL AUTHORITY. 

10 ‘‘(a) TESTIMONIAL SUBPOENA AUTHORITY.—In ad11 dition to the authority otherwise provided by this Act and 

12 in accordance with the requirements of this section, each 

13 Inspector General, in carrying out the provisions of this 

14 Act, is authorized to require by subpoena the attendance 

15 and testimony of certain witnesses, including a contractor 

16 with the Federal Government and any former Federal em17 ployee (but not including any Federal employee), nec18 essary in the performance of the functions assigned by this 

19 Act, which subpoena, in the case of contumacy or refusal 

20 to obey, shall be enforceable by order of any appropriate 

21 United States district court. 

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


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1 ‘‘(1) APPROVAL REQUIRED.—Before the 

2 issuance of a subpoena described in subsection (a), 

3 an Inspector General shall submit a request for ap4 proval to issue a subpoena by a majority of a panel 

5 (in this section, referred to as the ‘Subpoena 

6 Panel’), which shall be comprised of each Chair (or 

7 a designee of such chair) of the Audit, Inspections, 

8 and Evaluation Committees of the Council of the In9 spectors General on Integrity and Efficiency. 

10 ‘‘(2) TIME TO RESPOND.— 

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

12 subparagraph (B), the Subpoena Panel shall 

13 approve or deny a request for approval to issue 

14 a subpoena not later than 10 days after the 

15 submission of such request. 

16 ‘‘(B) ADDITIONAL INFORMATION FOR

17 PANEL.—If the Subpoena Panel determines 

18 that additional information is necessary to ap19 prove or deny such request, the Subpoena Panel 

20 shall request such information and shall ap21 prove or deny such request not later than 20 

22 days after the submission of such request. 

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

24 Subpoena Panel denies the approval of a subpoena, 

25 that subpoena may not be issued. 


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1 ‘‘(c) NOTICE TO ATTORNEY GENERAL.— 

2 ‘‘(1) IN GENERAL.—If the Subpoena Panel ap3 proves a subpoena under subsection (b), the Inspec4 tor General shall notify the Attorney General that 

5 the Inspector General intends to issue the subpoena. 

6 ‘‘(2) DENIAL FOR INTERFERENCE WITH AN ON7 GOING INVESTIGATION.—Not later than 10 days 

8 after the date on which the Attorney General is noti9 fied pursuant to paragraph (1), the Attorney Gen10 eral may object to the issuance of the subpoena be11 cause the subpoena will interfere with an ongoing in12 vestigation and the subpoena may not be issued. 

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

14 the Attorney General does not object to the issuance 

15 of the subpoena during the ten-day period described 

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

17 the subpoena.’’; and 

18 (2) in section 5(a)— 

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

20 and inserting a semicolon; 

21 (B) in paragraph (16), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

23 (C) by inserting at the end the following 

24 new paragraph: 


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

2 the attendance and testimony of certain witnesses 

3 authorized under section 6A.’’. 

4 (b) MATCHING PROGRAM EXCEPTION FOR INSPEC5 TORS GENERAL.—Section 6(a) of the Inspector General 

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

7 (1) in paragraph (8), by striking ‘‘; and’’ and 

8 inserting a semicolon; 

9 (2) by redesignating paragraph (9) as para10 graph (10); and 

11 (3) by inserting after paragraph (8) the fol12 lowing new paragraph: 

13 ‘‘(9) notwithstanding paragraph (12) of sub14 section (e) and subsections (o), (p), (q), (r), and (u) 

15 of section 552a of title 5, United States Code, to 

16 compare, through a matching program (as defined in 

17 such section), any Federal records with other Fed18 eral or non-Federal records, while conducting an 

19 audit, investigation, inspection, evaluation, or other 

20 review authorized under this Act to identify weak21 nesses that may lead to waste, fraud, or abuse and 

22 to detect improper payments and fraud; and’’. 


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1 SEC. 3. CLARIFICATION OF RESOURCES AVAILABLE TO THE 

2 COUNCIL OF THE INSPECTORS GENERAL ON 

3 INTEGRITY AND EFFICIENCY. 

4 Section 11 of the Inspector General Act of 1978 (5 

5 U.S.C. App.) is amended by adding at the end the fol6 lowing new subsection: 

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR

8 COUNCIL.—For the purposes of carrying out this section, 

9 there are authorized to be appropriated into the revolving 

10 fund described in subsection (c)(3)(B), out of any money 

11 in the Treasury not otherwise appropriated, the following 

12 sums: 

13 ‘‘(1) $8,000,000 for fiscal year 2015. 

14 ‘‘(2) $8,500,000 for fiscal year 2016. 

15 ‘‘(3) $9,000,000 for fiscal year 2017. 

16 ‘‘(4) $9,500,000 for fiscal year 2018. 

17 ‘‘(5) $10,000,000 for fiscal year 2019. 

18 ‘‘(6) $10,500,000 for fiscal year 2020. 

19 ‘‘(7) $11,000,000 for fiscal year 2021.’’. 

20 SEC. 4. ADDITIONAL RESPONSIBILITIES OF THE COUNCIL 

21 OF THE INSPECTORS GENERAL ON INTEG22 RITY AND EFFICIENCY. 

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

24 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C. 

25 App.) is amended— 


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

2 and inserting a semicolon; 

3 (2) by redesignating subparagraph (H) as sub4 paragraph (I); and 

5 (3) by inserting after subparagraph (G) the fol6 lowing new subparagraph: 

7 ‘‘(H) receive, review, and mediate any dis8 putes submitted in writing to the Council by an 

9 Office of Inspector General regarding an audit, 

10 investigation, inspection, evaluation, or project 

11 that involves the jurisdiction of more than one 

12 Federal agency or entity; and’’. 

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

14 Inspector General Act of 1978 (5 U.S.C. App.) is amend15 ed— 

16 (1) in paragraph (5)— 

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

18 and’’ and inserting a semicolon; 

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

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

21 (C) by inserting at the end the following 

22 new subparagraph: 

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

24 on which an allegation of wrongdoing is re25 ceived by the Integrity Committee, make a deVerDate Sep 11 2014 00:52 Sep 23, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5492.IH H5492

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1 termination whether the Integrity Committee 

2 will initiate an investigation of such allegation 

3 under this subsection.’’; 

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

5 and inserting ‘‘shall’’; and 

6 (3) in paragraph (7)— 

7 (A) in subparagraph (B)(i)— 

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

9 and’’ and inserting a semicolon; 

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

11 period at the end and inserting a semi12 colon; and 

13 (iii) by inserting at the end the fol14 lowing new subclauses: 

15 ‘‘(V) creating a regular rotation 

16 of Inspectors General assigned to in17 vestigate complaints through the In18 tegrity Committee; and 

19 ‘‘(VI) creating procedures to 

20 avoid conflicts of interest for Integrity 

21 Committee investigations.’’; 

22 (B) by redesignating subparagraph (C) as 

23 subparagraph (E); and 

24 (C) by inserting after subparagraph (B) 

25 the following new subparagraphs: 


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

2 a determination is made under paragraph (5) to 

3 initiate an investigation, the Integrity Com4 mittee— 

5 ‘‘(i) shall complete the investigation 

6 not later than six months after the date on 

7 which the Integrity Committee made such 

8 determination; 

9 ‘‘(ii) if the investigation cannot be 

10 completed within such six-month period, 

11 shall— 

12 ‘‘(I) promptly notify the congres13 sional committees listed in paragraph 

14 (8)(A)(iii); and 

15 ‘‘(II) to the maximum extent 

16 practicable, complete the investigation 

17 not later than 3 months after the ex18 piration of the six-month period; and 

19 ‘‘(iii) if the investigation cannot be 

20 completed within such nine-month period, 

21 shall brief the congressional committees 

22 listed in paragraph (8)(A)(iii) every thirty 

23 days until the investigation is complete. 

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

25 investigation of an allegation of wrongdoing 


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1 against an Inspector General or a staff member 

2 of an Office of Inspector General described 

3 under paragraph (4)(C) is initiated by a gov4 ernmental entity other than the Integrity Com5 mittee, the Integrity Committee may conduct 

6 any related investigation for which a determina7 tion to initiate an investigation was made under 

8 paragraph (5) concurrently with the other gov9 ernment entity.’’. 

10 (c) TECHNICAL CORRECTION; DESIGNEE AUTHOR11 ITY.—Section 11 of the Inspector General Act of 1978 (5 

12 U.S.C. App.) is amended— 

13 (1) in subsection (b)(1)(B) by striking ‘‘Direc14 tor of National Intelligence’’ and inserting ‘‘Intel15 ligence Community’’; and 

16 (2) in subsection (d)(2)— 

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

18 the designee of the Special Counsel’’ before the 

19 period at the end; and 

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

21 the designee of the Director’’ before the period 

22 at the end. 

23 SEC. 5. PAPERWORK REDUCTION ACT EXEMPTION. 

24 Section 3518(c) of title 44, United States Code, is 

25 amended— 


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1 (1) in paragraph (1), by striking ‘‘paragraph 

2 (2)’’ and inserting ‘‘paragraph (3)’’; 

3 (2) by redesignating paragraph (2) as para4 graph (3); and 

5 (3) by inserting after paragraph (1) the fol6 lowing new paragraph: 

7 ‘‘(2) Notwithstanding paragraph (3), this sub8 chapter shall not apply to the collection of informa9 tion during the conduct of any evaluation, or other 

10 review conducted by the Recovery Accountability and 

11 Transparency Board, or during the conduct of any 

12 audit, investigation, inspection, evaluation, or any 

13 other review conducted by the Council of the Inspec14 tors General on Integrity and Efficiency or any Of15 fice of Inspector General, including any Office of 

16 Special Inspector General.’’. 

17 SEC. 6. AMENDMENTS TO THE INSPECTOR GENERAL ACT 

18 OF 1978 AND THE INSPECTOR GENERAL RE19 FORM ACT OF 2008. 

20 (a) INCORPORATION OF PROVISIONS FROM THE IN21 SPECTOR GENERAL REFORM ACT OF 2008 INTO THE IN22 SPECTOR GENERAL ACT OF 1978.— 

23 (1) AMENDMENT.—Section 11(d) of the Inspec24 tor General Act of 1978 (5 U.S.C. App.) is amended 

25 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 2(a), is further amended— 

24 (A) in section 8M— 

25 (i) in subsection (a)(1)— 


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

2 and inserting ‘‘Federal agency and 

3 designated Federal entity’’; and 

4 (II) by striking the second and 

5 third ‘‘agency’’ and inserting ‘‘Federal 

6 agency or designated Federal entity’’; 

7 and 

8 (ii) in subsection (b)— 

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

10 ‘‘agency’’ and inserting ‘‘Federal 

11 agency and designated Federal enti12 ty’’; and 

13 (II) in paragraph (2)— 

14 (aa) in subparagraph (A), 

15 by striking ‘‘agency’’ and insert16 ing ‘‘Federal agency and des17 ignated Federal entity’’; and 

18 (bb) in subparagraph (B), 

19 by striking ‘‘agency’’ and insert20 ing ‘‘Federal agency and des21 ignated Federal entity’’; and 

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

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

24 branch’’ and inserting ‘‘Federal agency or des25 ignated Federal entity’’. 


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1 (2) IMPLEMENTATION.—Not later than 180 

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

3 head and the Inspector General of each Federal 

4 agency and each designated Federal entity (as such 

5 terms are defined in sections 12 and 8G of the In6 spector General Act of 1978 (5 U.S.C. App.), re7 spectively) shall implement the amendments made by 

8 this subsection. 

9 (c) REQUIREMENTS FOR INSPECTORS GENERAL

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

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

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

13 audit (or portion of any report or audit)’’ and insert14 ing ‘‘audit report, inspection report, or evaluation 

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

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

17 that report or audit)’’ and inserting ‘‘report (or por18 tion of that report)’’, each place it appears. 

19 (d) CORRECTIONS.— 

20 (1) EXECUTIVE ORDER NUMBER.—Section 

21 7(c)(2) of the Inspector General Reform Act of 2008 

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

23 501 note) is amended by striking ‘‘12933’’ and in24 serting ‘‘12993’’. 


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1 (2) PUNCTUATION AND CROSS-REFERENCES.— 

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

3 as amended by section 2(a) and subsection (b), is 

4 further amended— 

5 (A) in section 4(b)(2)— 

6 (i) by striking ‘‘8F(a)(2)’’ and insert7 ing ‘‘8G(a)(2)’’, each place it appears; and 

8 (ii) by striking ‘‘8F(a)(1)’’ and insert9 ing ‘‘8G(a)(1)’’; 

10 (B) in section 6(a)(4), by striking ‘‘infor11 mation, as well as any tangible thing)’’ and in12 serting ‘‘information), as well as any tangible 

13 thing’’; 

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

15 and inserting ‘‘8D’’; and 

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

17 ‘‘05(b)’’ and inserting ‘‘804(b)’’. 

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

19 1978 (5 U.S.C. App.), as amended by section 2(a), 

20 subsection (b), and paragraph (2), is further amend21 ed— 

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

23 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; 5 U.S.C. App. 

21 8L) is repealed. 

22 SEC. 7. REPORTS REQUIRED. 

23 (a) REPORT ON VACANCIES IN THE OFFICES OF IN24 SPECTOR GENERAL.— 


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1 (1) GAO STUDY REQUIRED.—The Comptroller 

2 General shall conduct a study of prolonged vacancies 

3 in the Offices of Inspector General, during which a 

4 temporary appointee has served as the head of the 

5 office that includes— 

6 (A) the number and duration of Inspector 

7 General vacancies; 

8 (B) an examination of the extent to which 

9 the number and duration of such vacancies has 

10 changed over time; 

11 (C) an evaluation of the impact such va12 cancies have had on the ability of the relevant 

13 Office of the Inspector General to effectively 

14 carry out statutory requirements; and 

15 (D) recommendations to minimize the du16 ration of such vacancies. 

17 (2) COMMITTEE BRIEFING REQUIRED.—Not 

18 later than nine months after the date of the enact19 ment of this Act, the Comptroller General shall 

20 present a briefing on the findings of the study de21 scribed in subsection (a) to the Committee on Over22 sight and Government Reform of the House of Rep23 resentatives and the Committee on Homeland Secu24 rity and Governmental Affairs of the Senate. 


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1 (3) REPORT TO CONGRESS.—Not later than fif2 teen months after the date of the enactment of this 

3 Act, the Comptroller General shall submit a report 

4 on the findings of the study described in subsection 

5 (a) to the Committee on Oversight and Government 

6 Reform of the House of Representatives and the 

7 Committee on Homeland Security and Governmental 

8 Affairs of the Senate. 

9 (b) REPORT ON ISSUES INVOLVING MULTIPLE OF10 FICES OF INSPECTOR GENERAL.— 

11 (1) EXAMINATION REQUIRED.—The Council of 

12 the Inspectors General on Integrity and Efficiency 

13 shall conduct an analysis of critical issues that in14 volve the jurisdiction of more than one individual 

15 Federal agency or entity to identify— 

16 (A) each such issue that could be better 

17 addressed through greater coordination among, 

18 and cooperation between, individual Offices of 

19 Inspector General; 

20 (B) the best practices that can be em21 ployed by the Offices of Inspector General to in22 crease coordination and cooperation on each 

23 issue identified; and 

24 (C) any recommended statutory changes 

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1 tion among Offices of Inspector General on crit2 ical issues. 

3 (2) REPORT TO CONGRESS.—Not later than one 

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

5 Council of the Inspectors General on Integrity and 

6 Efficiency shall submit a report on the findings of 

7 the analysis described in subsection (a) to the Com8 mittee on Oversight and Government Reform of the 

9 House of Representatives and the Committee on 

10 Homeland Security and Governmental Affairs of the 

11 Senate. 

Æ 


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