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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 579 Reported in Senate (RS)]

                                                        Calendar No. 68
114th CONGRESS
  1st Session
                                 S. 579

                          [Report No. 114-36]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2015

 Mr. Grassley (for himself, Mrs. McCaskill, Mr. Johnson, Ms. Baldwin, 
and Mrs. Ernst) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                              May 5, 2015

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Inspector 
General Empowerment Act of 2015''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Removal of Inspectors General.
<DELETED>Sec. 3. Additional authority provisions for Inspectors 
                            General.
<DELETED>Sec. 4. Additional responsibilities and resources of the 
                            Council of the Inspectors General on 
                            Integrity and Efficiency.
<DELETED>Sec. 5. Reports and additional information.
<DELETED>Sec. 6. Technical and conforming amendments.

<DELETED>SEC. 2. REMOVAL OF INSPECTORS GENERAL.</DELETED>

<DELETED>    The Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--</DELETED>
        <DELETED>    (1) in section 3--</DELETED>
                <DELETED>    (A) in the section header, by inserting 
                ``administrative leave;'' after ``removal;'';</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) by striking ``An Inspector 
                        General'' and inserting ``(1) An Inspector 
                        General'';</DELETED>
                        <DELETED>    (ii) in paragraph (1), as so 
                        designated, by striking the last sentence; 
                        and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
<DELETED>    ``(2) An Inspector General may not be placed in a paid or 
unpaid, nonduty status by the President--</DELETED>
        <DELETED>    ``(A) unless the President, not later than 48 
        hours after the President issues the directive to place the 
        Inspector General in such status, communicates in writing to 
        both Houses of Congress the reasons for such action, which 
        shall be limited to evidence that the continued presence in the 
        workplace of the Inspector General may--</DELETED>
                <DELETED>    ``(i) pose a threat to the employee or 
                others;</DELETED>
                <DELETED>    ``(ii) result in loss of or damage to 
                property of the Federal Government; or</DELETED>
                <DELETED>    ``(iii) otherwise jeopardize legitimate 
                interests of the Federal Government; and</DELETED>
        <DELETED>    ``(B) for more than 10 days, unless the Integrity 
        Committee of the Council of the Inspectors General for 
        Integrity and Efficiency submits to the President a written 
        recommendation for additional time, which is acted upon by the 
        President, and the decision is communicated immediately to both 
        Houses of Congress.</DELETED>
<DELETED>    ``(3) Nothing in this subsection shall prohibit a 
personnel action otherwise authorized by law.''; and</DELETED>
        <DELETED>    (2) in section 8G(e)--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking the last 
                sentence; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(3) An Inspector General may not be placed in a paid or 
unpaid, nonduty status by the head of a designated Federal entity--
</DELETED>
        <DELETED>    ``(A) unless the head of the designated Federal 
        entity, not later than 48 hours after the head of the 
        designated Federal entity issues the directive to place the 
        Inspector General in such status, communicates in writing to 
        both Houses of Congress the reasons for such action, which 
        shall be limited to evidence that the continued presence in the 
        workplace of the Inspector General may--</DELETED>
                <DELETED>    ``(i) pose a threat to the employee or 
                others;</DELETED>
                <DELETED>    ``(ii) result in loss of or damage to 
                property of the Federal Government; or</DELETED>
                <DELETED>    ``(iii) otherwise jeopardize legitimate 
                interests of the Federal Government; and</DELETED>
        <DELETED>    ``(B) for more than 10 days, unless the Integrity 
        Committee of the Council of the Inspectors General for 
        Integrity and Efficiency submits to the head of the designated 
        Federal entity a written recommendation for additional time, 
        which is acted upon by the head of the designated Federal 
        entity, and the decision is communicated immediately to both 
        Houses of Congress.</DELETED>
<DELETED>    ``(4) Nothing in this subsection shall prohibit a 
personnel action otherwise authorized by law.''.</DELETED>

<DELETED>SEC. 3. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS 
              GENERAL.</DELETED>

<DELETED>    (a) Subpoena Authority for Inspectors General To Require 
Testimony of Certain Persons.--The Inspector General Act of 1978 (5 
U.S.C. App.), as amended by section 2, is further amended--</DELETED>
        <DELETED>    (1) in section 5(a)--</DELETED>
                <DELETED>    (A) in paragraph (15), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) in paragraph (16), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (C) by inserting at the end the 
                following:</DELETED>
        <DELETED>    ``(17) a description of the use of subpoenas for 
        the attendance and testimony of certain witnesses under section 
        6A.''; and</DELETED>
        <DELETED>    (2) by inserting after section 6 the 
        following:</DELETED>

<DELETED>``SEC. 6A. ADDITIONAL AUTHORITY.</DELETED>

<DELETED>    ``(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, in carrying out 
the provisions of this Act, is authorized to require by subpoena the 
attendance and testimony of certain witnesses, including a contractor 
with the Federal Government and any former Federal employee (but not 
including any Federal employee, who is otherwise obligated to provide 
testimony and cooperate with the Inspector General), 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.</DELETED>
<DELETED>    ``(b) Panel Review Before Issuance.--</DELETED>
        <DELETED>    ``(1) Approval required.--Before the issuance of a 
        subpoena described in subsection (a), an Inspector General 
        shall submit a request for approval to issue a subpoena by a 
        majority of a panel (in this section referred to as the 
        `Subpoena Panel'), which shall be comprised of 3 members of the 
        Council of the Inspectors General on Integrity and Efficiency, 
        as designated by the Executive Chairperson of the Council of 
        the Inspectors General on Integrity and Efficiency.</DELETED>
        <DELETED>    ``(2) Time to respond.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than 10 days after the date 
                on which a request for approval to issue a subpoena is 
                submitted under paragraph (1), the Subpoena Panel shall 
                approve or deny the request.</DELETED>
                <DELETED>    ``(B) Additional information for panel.--
                If the Subpoena Panel determines that additional 
                information is necessary to approve or deny a request 
                for approval to issue a subpoena under subparagraph 
                (A), the Subpoena Panel shall, not later than 20 days 
                after the date on which the request is submitted--
                </DELETED>
                        <DELETED>    ``(i) request the additional 
                        information; and</DELETED>
                        <DELETED>    ``(ii) approve or deny the 
                        request.</DELETED>
        <DELETED>    ``(3) Denial by panel.--If a majority of the 
        members of the Subpoena Panel votes to deny a request for 
        approval to issue a subpoena under subparagraph (B)(ii), the 
        subpoena may not be issued.</DELETED>
<DELETED>    ``(c) Notice to Attorney General.--</DELETED>
        <DELETED>    ``(1) In general.--If the Subpoena Panel approves 
        a request for approval to issue a subpoena under subsection 
        (b)(2), the Inspector General shall notify the Attorney General 
        that the Inspector General intends to issue the 
        subpoena.</DELETED>
        <DELETED>    ``(2) Decision of attorney general.--Not later 
        than 10 days after the date on which the Attorney General is 
        notified under paragraph (1), the Attorney General may--
        </DELETED>
                <DELETED>    ``(A) object to the issuance of the 
                subpoena if the subpoena will interfere with an ongoing 
                investigation; or</DELETED>
                <DELETED>    ``(B) approve the issuance of the 
                subpoena.</DELETED>
        <DELETED>    ``(3) Issuance of subpoena approved.--If the 
        Attorney General approves the issuance of the subpoena or does 
        not object to the issuance of the subpoena during the 10-day 
        period described in paragraph (2), the Inspector General may 
        issue the subpoena.</DELETED>
<DELETED>    ``(d) Inclusion in Annual Report.--Not later than 1 year 
after the date of enactment of this Act, and every year thereafter, 
each Inspector General shall submit to the Chairperson of the Council 
of the Inspectors General on Integrity and Efficiency the number of 
times the Inspector General issued a subpoena under this section, which 
shall be included by the Chairperson in the annual report required 
under section 11(b)(3)(B)(viii).</DELETED>
<DELETED>    ``(e) Rule of Construction.--Nothing in this section shall 
be construed to affect the exercise by an Inspector General of any 
testimonial subpoena authority established under any other provision of 
law.''.</DELETED>
<DELETED>    (b) Matching Program and Paperwork Reduction Act Exception 
for Inspectors General.--Section 6 of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(g)(1) In this subsection, the terms `agency', `matching 
program', `record', and `system of records' have the meanings given 
those terms in section 552a(a) of title 5, United States 
Code.</DELETED>
<DELETED>    ``(2) For purposes of section 552a of title 5, United 
States Code, or any other provision of law, a computerized comparison 
of 2 or more automated Federal systems of records, or a computerized 
comparison of a Federal system of records with other records or non-
Federal records, performed by an Inspector General or by an agency in 
coordination with an Inspector General in conducting an audit, 
investigation, inspection, evaluation, or other review authorized under 
this Act shall not be considered a matching program.</DELETED>
<DELETED>    ``(3) Nothing in this subsection shall be construed to 
impede the exercise by an Inspector General of any matching program 
authority established under any other provision of law.</DELETED>
<DELETED>    ``(h) Subchapter I of chapter 35 of title 44, United 
States Code, shall not apply to the collection of information during 
the conduct of an audit, investigation, inspection, evaluation, or 
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.''.</DELETED>

<DELETED>SEC. 4. ADDITIONAL RESPONSIBILITIES AND RESOURCES OF THE 
              COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND 
              EFFICIENCY.</DELETED>

<DELETED>    Section 11 of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)(B), by striking 
                ``Director of National Intelligence'' and inserting 
                ``Intelligence Community''; and</DELETED>
                <DELETED>    (B) by amending paragraph (3)(B)(viii) to 
                read as follows:</DELETED>
                        <DELETED>    ``(viii) prepare and transmit an 
                        annual report on behalf of the Council on the 
                        activities of the Council to--</DELETED>
                                <DELETED>    ``(I) the 
                                President;</DELETED>
                                <DELETED>    ``(II) the appropriate 
                                committees of jurisdiction in the 
                                Senate and the House of 
                                Representatives;</DELETED>
                                <DELETED>    ``(III) the Committee on 
                                Homeland Security and Governmental 
                                Affairs of the Senate; and</DELETED>
                                <DELETED>    ``(IV) the Committee on 
                                Oversight and Government Reform of the 
                                House of Representatives.'';</DELETED>
        <DELETED>    (2) in subsection (c)(1)--</DELETED>
                <DELETED>    (A) in subparagraph (G), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (B) by redesignating subparagraph (H) as 
                subparagraph (I); and</DELETED>
                <DELETED>    (C) by inserting after subparagraph (G) 
                the following:</DELETED>
                <DELETED>    ``(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 1 Office of 
                Inspector General; and'';</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking subparagraph 
                        (C);</DELETED>
                        <DELETED>    (ii) by redesignating 
                        subparagraphs (A), (B), and (D) as clauses (i), 
                        (ii), and (iii), respectively, and adjusting 
                        the margins accordingly;</DELETED>
                        <DELETED>    (iii) in the matter preceding 
                        clause (i), as so redesignated, by striking 
                        ``The Integrity'' and inserting the 
                        following:</DELETED>
                <DELETED>    ``(A) In general.--The 
                Integrity'';</DELETED>
                        <DELETED>    (iv) in clause (i), as so 
                        redesignated, by striking ``, who'' and all 
                        that follows through ``Committee'';</DELETED>
                        <DELETED>    (v) in clause (iii), as so 
                        redesignated, by inserting ``or the designee of 
                        the Director'' before the period at the end; 
                        and</DELETED>
                        <DELETED>    (vi) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(B) Chairperson.--</DELETED>
                        <DELETED>    ``(i) In general.--The Integrity 
                        Committee shall elect 1 of the Inspectors 
                        General referred to in subparagraph (A)(ii) to 
                        act as Chairperson of the Committee (in this 
                        subsection referred to as the 
                        `Chairperson').</DELETED>
                        <DELETED>    ``(ii) Term.--The term of office 
                        of the Chairperson shall be 2 
                        years.'';</DELETED>
                <DELETED>    (B) by amending paragraph (5) to read as 
                follows:</DELETED>
        <DELETED>    ``(5) Review of allegations.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 7 days 
                after the date on which the Integrity Committee 
                receives an allegation of wrongdoing against an 
                Inspector General or against a staff member of an 
                Office of Inspector General described under paragraph 
                (4)(C), the allegation of wrongdoing shall be reviewed 
                and referred to the Department of Justice or the Office 
                of Special Counsel for investigation, or to the 
                Integrity Committee for review, as appropriate, by--
                </DELETED>
                        <DELETED>    ``(i) a representative of the 
                        Department of Justice, as designated by the 
                        Attorney General;</DELETED>
                        <DELETED>    ``(ii) a representative of the 
                        Office of Special Counsel, as designated by the 
                        Special Counsel; and</DELETED>
                        <DELETED>    ``(iii) a representative of the 
                        Integrity Committee, as designated by the 
                        Chairperson.</DELETED>
                <DELETED>    ``(B) Referral to the chairperson.--Not 
                later than 7 days after the date on which an allegation 
                of wrongdoing is referred to the Integrity Committee 
                under subparagraph (A), the Integrity Committee shall 
                determine whether to refer the allegation of wrongdoing 
                to the Chairperson to initiate an 
                investigation.'';</DELETED>
                <DELETED>    (C) in paragraph (6)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``paragraph (5)(C)'' and inserting 
                        ``paragraph (5)(B)''; and</DELETED>
                        <DELETED>    (ii) in subparagraph (B)(i), by 
                        striking ``may'' and inserting 
                        ``shall'';</DELETED>
                <DELETED>    (D) in paragraph (7)--</DELETED>
                        <DELETED>    (i) in subparagraph (B)--
                        </DELETED>
                                <DELETED>    (I) in clause (i)--
                                </DELETED>
                                        <DELETED>    (aa) in subclause 
                                        (III), by striking ``and'' at 
                                        the end;</DELETED>
                                        <DELETED>    (bb) in subclause 
                                        (IV), by striking the period at 
                                        the end and inserting a 
                                        semicolon; and</DELETED>
                                        <DELETED>    (cc) by adding at 
                                        the end the 
                                        following:</DELETED>
                                <DELETED>    ``(V) except as provided 
                                in clause (ii), ensuring, to the extent 
                                possible, that investigations are 
                                conducted by Offices of Inspector 
                                General of similar size;</DELETED>
                                <DELETED>    ``(VI) creating a regular 
                                rotation of Inspectors General assigned 
                                to investigate allegations through the 
                                Integrity Committee; and</DELETED>
                                <DELETED>    ``(VII) creating 
                                procedures to avoid conflicts of 
                                interest for Integrity Committee 
                                investigations.'';</DELETED>
                                <DELETED>    (II) by redesignating 
                                clause (ii) as clause (iii); 
                                and</DELETED>
                                <DELETED>    (III) by inserting after 
                                clause (i) the following:</DELETED>
                        <DELETED>    ``(ii) Exception.--The requirement 
                        under clause (i)(V) shall not apply to any 
                        Office of Inspector General with less than 50 
                        employees who are authorized to conduct audits 
                        or investigations.'';</DELETED>
                        <DELETED>    (ii) by striking subparagraph (C); 
                        and</DELETED>
                        <DELETED>    (iii) by inserting after 
                        subparagraph (B) the following:</DELETED>
                <DELETED>    ``(C) Completion of investigation.--If an 
                allegation of wrongdoing is referred to the Chairperson 
                under paragraph (5)(B), the Chairperson--</DELETED>
                        <DELETED>    ``(i) shall complete the 
                        investigation not later than 120 days after the 
                        date on which the Integrity Committee made such 
                        a referral;</DELETED>
                        <DELETED>    ``(ii) if the investigation cannot 
                        be completed within the 120-day period 
                        described in clause (i), shall--</DELETED>
                                <DELETED>    ``(I) promptly notify the 
                                congressional committees described in 
                                paragraph (8)(A)(iii); and</DELETED>
                                <DELETED>    ``(II) brief the 
                                congressional committees described in 
                                paragraph (8)(A)(iii) every 30 days 
                                until the investigation is 
                                complete.</DELETED>
                <DELETED>    ``(D) Concurrent investigation.--If an 
                allegation of wrongdoing against an Inspector General 
                or a staff member of an Office of Inspector General 
                described under paragraph (4)(C) is referred to the 
                Department of Justice or the Office of Special Counsel 
                under paragraph (5)(A), the Chairperson may conduct any 
                related investigation referred to the Chairperson under 
                paragraph (5)(B) concurrently with the Department of 
                Justice or the Office of Special Counsel, as 
                applicable.</DELETED>
                <DELETED>    ``(E) Reports.--</DELETED>
                        <DELETED>    ``(i) Integrity committee 
                        investigations.--For each investigation of an 
                        allegation of wrongdoing referred to the 
                        Chairperson under paragraph (5)(B), the 
                        Chairperson shall submit to members of the 
                        Integrity Committee a report containing the 
                        results of the investigation.</DELETED>
                        <DELETED>    ``(ii) Other investigations.--For 
                        each allegation of wrongdoing referred to the 
                        Department of Justice or the Office of Special 
                        Counsel under paragraph (5)(A), the Attorney 
                        General or the Special Counsel, as applicable, 
                        shall submit to the Integrity Committee a 
                        report containing the results of the 
                        investigation.</DELETED>
                        <DELETED>    ``(iii) Availability to 
                        congress.--Any Member of Congress shall have 
                        access to any report authored by the Integrity 
                        Committee.'';</DELETED>
                <DELETED>    (E) by striking paragraph (8)(A)(iii) and 
                inserting the following:</DELETED>
                        <DELETED>    ``(iii) submit the report, with 
                        the recommendations of the Integrity Committee, 
                        to the Committee on Homeland Security and 
                        Governmental Affairs of the Senate, the 
                        Committee on Oversight and Government Reform of 
                        the House of Representatives, and other 
                        congressional committees of jurisdiction; 
                        and</DELETED>
                        <DELETED>    ``(iv) following the submission of 
                        the report under clause (iii) and upon request 
                        by any Member of Congress, submit the report, 
                        with the recommendations of the Integrity 
                        Committee, to that Member.'';</DELETED>
                <DELETED>    (F) in paragraph (9)(B), by striking 
                ``other agencies'' and inserting ``the Department of 
                Justice or the Office of Special Counsel'';</DELETED>
                <DELETED>    (G) in paragraph (10), by striking ``any 
                of the following'' and all that follows through the 
                period at the end and inserting ``any Member of 
                Congress.''; and</DELETED>
                <DELETED>    (H) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(12) Allegations of wrongdoing against special 
        counsel or deputy special counsel.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Authority of integrity committee.--
                </DELETED>
                        <DELETED>    ``(i) In general.--An allegation 
                        of wrongdoing against the Special Counsel or 
                        the Deputy Special Counsel may be received, 
                        reviewed, and referred for investigation to the 
                        same extent and in the same manner as in the 
                        case of an allegation against an Inspector 
                        General or against a staff member of an Office 
                        of Inspector General described under paragraph 
                        (4)(C), subject to the requirement that the 
                        representative designated by the Special 
                        Counsel under paragraph (5)(A)(ii) shall recuse 
                        himself or herself from the consideration of 
                        any allegation brought under this 
                        paragraph.</DELETED>
                        <DELETED>    ``(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 the 
                        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.</DELETED>
                <DELETED>    ``(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 may otherwise 
                apply.</DELETED>
        <DELETED>    ``(13) Committee records.--The Chairperson of the 
        Council shall maintain the records of the Integrity 
        Committee.''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(e) Authorization of Appropriations for Council.--For 
the purposes of carrying out this section, there are authorized to be 
appropriated into the revolving fund described in subsection (c)(3)(B), 
out of any money in the Treasury not otherwise appropriated, the 
following sums:</DELETED>
        <DELETED>    ``(1) $8,500,000 for fiscal year 2016.</DELETED>
        <DELETED>    ``(2) $9,000,000 for fiscal year 2017.</DELETED>
        <DELETED>    ``(3) $9,500,000 for fiscal year 2018.</DELETED>
        <DELETED>    ``(4) $10,000,000 for fiscal year 2019.</DELETED>
        <DELETED>    ``(5) $10,500,000 for fiscal year 2020.</DELETED>
        <DELETED>    ``(6) $11,000,000 for fiscal year 
        2021.''.</DELETED>

<DELETED>SEC. 5. REPORTS AND ADDITIONAL INFORMATION.</DELETED>

<DELETED>    (a) Report on Vacancies in the Offices of Inspector 
General.--The Comptroller General shall--</DELETED>
        <DELETED>    (1) 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--</DELETED>
                <DELETED>    (A) the number and duration of Inspector 
                General vacancies;</DELETED>
                <DELETED>    (B) an examination of the extent to which 
                the number and duration of such vacancies has changed 
                over time;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) recommendations to minimize the 
                duration of such vacancies;</DELETED>
        <DELETED>    (2) not later than 9 months after the date of 
        enactment of this Act, present a briefing on the findings of 
        the study conducted under paragraph (1) to--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Oversight and 
                Government Reform of the House of Representatives; 
                and</DELETED>
        <DELETED>    (3) not later than 15 months after the date of 
        enactment of this Act, submit a report on the findings of the 
        study conducted under paragraph (1) to the committees described 
        in paragraph (2).</DELETED>
<DELETED>    (b) Report on Issues Involving Multiple Offices of 
Inspector General.--The Council of the Inspectors General on Integrity 
and Efficiency shall--</DELETED>
        <DELETED>    (1) conduct an analysis of critical issues that 
        involve the jurisdiction of more than 1 individual Federal 
        agency or entity to identify--</DELETED>
                <DELETED>    (A) each such issue that could be better 
                addressed through greater coordination among, and 
                cooperation between, individual Offices of Inspector 
                General;</DELETED>
                <DELETED>    (B) the best practices that can be 
                employed by the Offices of Inspector General to 
                increase coordination and cooperation on each issue 
                identified; and</DELETED>
                <DELETED>    (C) any recommended statutory changes that 
                would facilitate coordination and cooperation among the 
                Offices of Inspector General on critical issues; 
                and</DELETED>
        <DELETED>    (2) not later than 1 year after the date of 
        enactment of this Act, submit a report on the findings of the 
        analysis described in paragraph (1) to--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Oversight and 
                Government Reform of the House of 
                Representatives.</DELETED>
<DELETED>    (c) Additional Information.--</DELETED>
        <DELETED>    (1) In general.--Not later than 6 months after the 
        date of enactment of this Act, and every 6 months thereafter, 
        the Office of Inspector General (in this subsection referred to 
        as the ``Office'') of each Federal agency or department shall 
        submit to the appropriate committees of jurisdiction in the 
        Senate and the House of Representatives, the Committee on 
        Homeland Security and Governmental Affairs of the Senate, and 
        the Committee on Oversight and Government Reform of the House 
        of Representatives--</DELETED>
                <DELETED>    (A) a report on each investigation 
                conducted by the Office involving employees of the 
                Federal agency or department, as applicable, receiving 
                pay at the rate specified for GS-15 level or above of 
                the General Schedule under section 5332 of title 5, 
                United States Code, where misconduct was found but no 
                prosecution resulted, including--</DELETED>
                        <DELETED>    (i) a detailed description of the 
                        facts and circumstances of the investigation; 
                        and</DELETED>
                        <DELETED>    (ii) a detailed description of the 
                        status and disposition of the matter, 
                        including--</DELETED>
                                <DELETED>    (I) if the matter was 
                                referred to the Department of Justice, 
                                the date of the referral; and</DELETED>
                                <DELETED>    (II) if the Department of 
                                Justice declined the referral, the date 
                                of the declination and an explanation 
                                of the reasons for the 
                                declination;</DELETED>
                <DELETED>    (B) reports authored by the Office that 
                are not available to the public;</DELETED>
                <DELETED>    (C) a detailed description of any instance 
                of whistleblower retaliation, including information 
                about the official found to have engaged in retaliation 
                and what, if any, consequences the Federal agency or 
                department imposed to hold that official accountable, 
                provided that the Office obtains whistleblower consent 
                before revealing any personally identifiable 
                information to Congress;</DELETED>
                <DELETED>    (D) a detailed description of any attempt 
                by the Federal agency or department, as applicable, to 
                interfere with the independence of the Office, 
                including--</DELETED>
                        <DELETED>    (i) with communication between the 
                        Office and Congress; and</DELETED>
                        <DELETED>    (ii) with budget constraints 
                        designed to limit the capabilities of the 
                        Office; and</DELETED>
                <DELETED>    (E) detailed descriptions of the 
                particular circumstances of each--</DELETED>
                        <DELETED>    (i) investigation, evaluation, and 
                        audit conducted by the Office that is closed 
                        and was not disclosed to the public;</DELETED>
                        <DELETED>    (ii) outstanding unimplemented 
                        recommendation of the Office, as well as the 
                        aggregate potential cost savings of those open 
                        recommendations; and</DELETED>
                        <DELETED>    (iii) incident where the Federal 
                        agency or department, as applicable, has 
                        resisted or objected to oversight activities of 
                        the Office or restricted or significantly 
                        delayed access to information, including the 
                        justification of the Federal agency or 
                        department for such action; and</DELETED>
                <DELETED>    (F) a narrative description of any audit, 
                evaluation, and investigation provided by the Office to 
                the Federal agency or department, as applicable, for 
                comment but not returned within 60 days.</DELETED>
        <DELETED>    (2) Availability to members of congress.--The 
        information described in paragraph (1) shall be available upon 
        request by any Member of Congress.</DELETED>

<DELETED>SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Repeals.--</DELETED>
        <DELETED>    (1) Inspector general act of 2008.--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.</DELETED>
        <DELETED>    (2) Overseas contingency operations.--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) is repealed.</DELETED>
<DELETED>    (b) Agency Applicability.--</DELETED>
        <DELETED>    (1) Amendments.--The Inspector General Act of 1978 
        (5 U.S.C. App.), as amended by this Act, is further amended--
        </DELETED>
                <DELETED>    (A) in section 8M--</DELETED>
                        <DELETED>    (i) in subsection (a)(1)--
                        </DELETED>
                                <DELETED>    (I) by striking ``Each 
                                agency'' and inserting ``Each Federal 
                                agency and designated Federal entity''; 
                                and</DELETED>
                                <DELETED>    (II) by striking ``that 
                                agency'' each place that term appears 
                                and inserting ``that Federal agency or 
                                designated Federal entity''; 
                                and</DELETED>
                        <DELETED>    (ii) in subsection (b)--</DELETED>
                                <DELETED>    (I) in paragraph (1), by 
                                striking ``agency'' and inserting 
                                ``Federal agency and designated Federal 
                                entity''; and</DELETED>
                                <DELETED>    (II) in paragraph (2), by 
                                striking ``agency'' each place that 
                                term appears and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (2) Effective date.--The amendments made by 
        paragraph (1) shall take effect on the date that is 180 days 
        after the date of enactment of this Act.</DELETED>
<DELETED>    (c) Requirements for Inspectors General Websites.--Section 
8M(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.), as 
amended by subsection (b)(1), is further amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by striking ``report or audit (or portion of 
        that report or audit)'' each place that term appears and 
        inserting ``report (or portion of that report)''.</DELETED>
<DELETED>    (d) Corrections.--</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (2) Punctuation and cross-references.--The 
        Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
        this Act, is further amended--</DELETED>
                <DELETED>    (A) in section 4(b)(2)--</DELETED>
                        <DELETED>    (i) by striking ``8F(a)(2)'' each 
                        place that term appears and inserting 
                        ``8G(a)(2)''; and</DELETED>
                        <DELETED>    (ii) by striking ``8F(a)(1)'' and 
                        inserting ``8G(a)(1)'';</DELETED>
                <DELETED>    (B) in section 5(a)(13), by striking 
                ``05(b)'' and inserting ``804(b)'';</DELETED>
                <DELETED>    (C) in section 6(a)(4), by striking 
                ``information, as well as any tangible thing)'' and 
                inserting ``information), as well as any tangible 
                thing''; and</DELETED>
                <DELETED>    (D) in section 8G(g)(3), by striking 
                ``8C'' and inserting ``8D''.</DELETED>
        <DELETED>    (3) Spelling.--The Inspector General Act of 1978 
        (5 U.S.C. App.), as amended by this Act, is further amended--
        </DELETED>
                <DELETED>    (A) in section 3(a), by striking 
                ``subpena'' and inserting ``subpoena'';</DELETED>
                <DELETED>    (B) in section 6(a)(4), by striking 
                ``subpenas'' and inserting ``subpoenas'';</DELETED>
                <DELETED>    (C) in section 8D(a)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; 
                        and</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``subpena'' each place that term appears and 
                        inserting ``subpoena'';</DELETED>
                <DELETED>    (D) in section 8E(a)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; 
                        and</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``subpena'' each place that term appears and 
                        inserting ``subpoena''; and</DELETED>
                <DELETED>    (E) in section 8G(d)(1), by striking 
                ``subpena'' and inserting ``subpoena''.</DELETED>

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. Nonduty status of Inspectors General; supervision.
Sec. 3. Additional authority provisions for Inspectors General.
Sec. 4. Additional responsibilities and resources of the Council of the 
                            Inspectors General on Integrity and 
                            Efficiency.
Sec. 5. Reports and additional information.
Sec. 6. Technical and conforming amendments.

SEC. 2. NONDUTY STATUS OF INSPECTORS GENERAL; SUPERVISION.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in section 3--
                    (A) in the section header--
                            (i) by striking ``supervision;''; and
                            (ii) by inserting ``administrative leave;'' 
                        after ``removal;'';
                    (B) in subsection (a)--
                            (i) by striking ``and be under the general 
                        supervision of''; and
                            (ii) by striking ``or be subject to 
                        supervision by,'';
                    (C) in subsection (b)--
                            (i) by striking ``An Inspector General'' 
                        and inserting ``(1) An Inspector General'';
                            (ii) in paragraph (1), as so designated, by 
                        striking the last sentence; and
                            (iii) by adding at the end the following:
    ``(2) An Inspector General may not be placed in a paid or unpaid, 
nonduty status by the President--
            ``(A) unless the President, not later than 48 hours after 
        the President issues the directive to place the Inspector 
        General in such status, communicates in writing to both Houses 
        of Congress the reasons for such action, which shall be limited 
        to evidence that the continued presence in the workplace of the 
        Inspector General may--
                    ``(i) pose a threat to the employee or others;
                    ``(ii) result in loss of or damage to property of 
                the Federal Government; or
                    ``(iii) otherwise jeopardize legitimate interests 
                of the Federal Government; and
            ``(B) for more than 10 days, unless the Integrity Committee 
        of the Council of the Inspectors General for Integrity and 
        Efficiency submits to the President a written recommendation 
        for additional time, which is acted upon by the President, and 
        the decision is communicated immediately to both Houses of 
        Congress.
    ``(3) Nothing in this subsection shall prohibit a personnel action 
otherwise authorized by law.''; and
            (2) in section 8G(e)--
                    (A) in paragraph (2), by striking the last 
                sentence; and
                    (B) by adding at the end the following:
    ``(3) An Inspector General may not be placed in a paid or unpaid, 
nonduty status by the head of a designated Federal entity--
            ``(A) unless the head of the designated Federal entity, not 
        later than 48 hours after the head of the designated Federal 
        entity issues the directive to place the Inspector General in 
        such status, communicates in writing to both Houses of Congress 
        the reasons for such action, which shall be limited to evidence 
        that the continued presence in the workplace of the Inspector 
        General may--
                    ``(i) pose a threat to the employee or others;
                    ``(ii) result in loss of or damage to property of 
                the Federal Government; or
                    ``(iii) otherwise jeopardize legitimate interests 
                of the Federal Government; and
            ``(B) for more than 10 days, unless the Integrity Committee 
        of the Council of the Inspectors General for Integrity and 
        Efficiency submits to the head of the designated Federal entity 
        a written recommendation for additional time, which is acted 
        upon by the head of the designated Federal entity, and the 
        decision is communicated immediately to both Houses of 
        Congress.
    ``(4) Nothing in this subsection shall prohibit a personnel action 
otherwise authorized by law.''.

SEC. 3. 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) in section 5(a)--
                    (A) in paragraph (15), by striking ``and'' at the 
                end;
                    (B) in paragraph (16), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting at the end the following:
            ``(17) a description of the use of subpoenas for the 
        attendance and testimony of certain witnesses under section 
        6A.'';
            (2) by inserting after section 6 the following:

``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, in carrying out the provisions 
of this Act, is authorized to require by subpoena the attendance and 
testimony of certain witnesses, including a current or former 
contractor with the Federal Government, a current or former 
subcontractor (at any tier) of a contractor with the Federal 
Government, a current or former grantee of the Federal Government, a 
current or former subgrantee of a grantee of the Federal Government, a 
current or former employee of such a contractor, subcontractor, 
grantee, or subgrantee, and any former Federal employee (but not 
including any Federal employee, who is otherwise obligated to provide 
testimony and cooperate with the Inspector General), 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) Panel Review Before Issuance.--
            ``(1) Approval required.--Before the issuance of a subpoena 
        described in subsection (a), an Inspector General shall submit 
        a request for approval to issue a subpoena by a majority of a 
        panel (in this section referred to as the `Subpoena Panel'), 
        which shall be comprised of--
                    ``(A) 3 members of the Council of the Inspectors 
                General on Integrity and Efficiency, as designated by 
                the Chairperson of the Council of the Inspectors 
                General on Integrity and Efficiency; or
                    ``(B) in the case of a request by an Inspector 
                General from the Intelligence Community, the 3 members 
                designated under subparagraph (A) shall each be members 
                of the Council of the Inspectors General on Integrity 
                and Efficiency's Intelligence Community.
            ``(2) Time to respond.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than 10 days after the date 
                on which a request for approval to issue a subpoena is 
                submitted under paragraph (1), the Subpoena Panel shall 
                approve or deny the request.
                    ``(B) Additional information for panel.--If the 
                Subpoena Panel determines that additional information 
                is necessary to approve or deny a request for approval 
                to issue a subpoena under subparagraph (A), the 
                Subpoena Panel shall, not later than 20 days after the 
                date on which the request is submitted--
                            ``(i) request the additional information; 
                        and
                            ``(ii) approve or deny the request.
            ``(3) Denial by panel.--If a majority of the members of the 
        Subpoena Panel votes to deny a request for approval to issue a 
        subpoena under subparagraph (B)(ii), the subpoena may not be 
        issued.
    ``(c) Notice to Attorney General.--
            ``(1) In general.--If the Subpoena Panel approves a request 
        for approval to issue a subpoena under subsection (b)(2), the 
        Inspector General shall notify the Attorney General that the 
        Inspector General intends to issue the subpoena.
            ``(2) Decision of attorney general.--Not later than 10 days 
        after the date on which the Attorney General is notified under 
        paragraph (1), the Attorney General may--
                    ``(A) object to the issuance of the subpoena if the 
                subpoena will interfere with an ongoing matter; or
                    ``(B) approve the issuance of the subpoena.
            ``(3) Issuance of subpoena approved.--If the Attorney 
        General approves the issuance of the subpoena or does not 
        object to the issuance of the subpoena during the 10-day period 
        described in paragraph (2), the Inspector General may issue the 
        subpoena.
    ``(d) Inclusion in Annual Report.--Not later than 1 year after the 
date of enactment of this section, and every year thereafter, each 
Inspector General shall submit to the Chairperson of the Council of the 
Inspectors General on Integrity and Efficiency the number of times the 
Inspector General issued a subpoena under this section, which shall be 
included by the Chairperson in the annual report required under section 
11(b)(3)(B)(viii).
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to affect the exercise by an Inspector General of any 
testimonial subpoena authority established under any other provision of 
law.''; and
            (3) in section 8G(g)(1), by inserting ``6A,'' before ``and 
        7''.
    (b) Matching Program and Paperwork Reduction Act Exception for 
Inspectors General.--Section 6 of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by adding at the end the following:
    ``(g)(1) In this subsection, the terms `agency', `matching 
program', `record', and `system of records' have the meanings given 
those terms in section 552a(a) of title 5, United States Code.
    ``(2) For purposes of section 552a of title 5, United States Code, 
or any other provision of law, a computerized comparison of 2 or more 
automated Federal systems of records, or a computerized comparison of a 
Federal system of records with other records or non-Federal records, 
performed by an Inspector General or by an agency in coordination with 
an Inspector General in conducting an audit, investigation, inspection, 
evaluation, or other review authorized under this Act shall not be 
considered a matching program.
    ``(3) Nothing in this subsection shall be construed to impede the 
exercise by an Inspector General of any matching program authority 
established under any other provision of law.
    ``(h) Subchapter I of chapter 35 of title 44, United States Code, 
shall not apply to the collection of information during the conduct of 
an audit, investigation, inspection, evaluation, or 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. 4. ADDITIONAL RESPONSIBILITIES AND RESOURCES OF THE COUNCIL OF THE 
              INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.

    Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(B), by striking ``Director of 
                National Intelligence'' and inserting ``Intelligence 
                Community''; and
                    (B) by amending paragraph (3)(B)(viii) to read as 
                follows:
                            ``(viii) prepare and transmit an annual 
                        report on behalf of the Council on the 
                        activities of the Council to--
                                    ``(I) the President;
                                    ``(II) the appropriate committees 
                                of jurisdiction of the Senate and the 
                                House of Representatives;
                                    ``(III) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate; and
                                    ``(IV) the Committee on Oversight 
                                and Government Reform of the House of 
                                Representatives.'';
            (2) in subsection (c)(1)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(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 1 Office of Inspector 
                General; and'';
            (3) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) by striking subparagraph (C);
                            (ii) by redesignating subparagraphs (A), 
                        (B), and (D) as clauses (i), (ii), and (iii), 
                        respectively, and adjusting the margins 
                        accordingly;
                            (iii) in the matter preceding clause (i), 
                        as so redesignated, by striking ``The 
                        Integrity'' and inserting the following:
                    ``(A) In general.--The Integrity'';
                            (iv) in clause (i), as so redesignated, by 
                        striking ``, who'' and all that follows through 
                        ``Committee'';
                            (v) in clause (iii), as so redesignated, by 
                        inserting ``or the designee of the Director'' 
                        before the period at the end; and
                            (vi) by adding at the end the following:
                    ``(B) Chairperson.--
                            ``(i) In general.--The Integrity Committee 
                        shall elect 1 of the Inspectors General 
                        referred to in subparagraph (A)(ii) to act as 
                        Chairperson of the Integrity Committee.
                            ``(ii) Term.--The term of office of the 
                        Chairperson of the Integrity Committee shall be 
                        2 years.'';
                    (B) by amending paragraph (5) to read as follows:
            ``(5) Review of allegations.--
                    ``(A) In general.--Not later than 7 calendar days 
                after the date on which the Integrity Committee 
                receives an allegation of wrongdoing against an 
                Inspector General or against a staff member of an 
                Office of Inspector General described under paragraph 
                (4)(C), the allegation of wrongdoing shall be reviewed 
                and referred to the Department of Justice or the Office 
                of Special Counsel for investigation, or to the 
                Integrity Committee for review, as appropriate, by--
                            ``(i) a representative of the Department of 
                        Justice, as designated by the Attorney General;
                            ``(ii) a representative of the Office of 
                        Special Counsel, as designated by the Special 
                        Counsel; and
                            ``(iii) a representative of the Integrity 
                        Committee, as designated by the Chairperson of 
                        the Integrity Committee.
                    ``(B) Referral to the chairperson.--Not later than 
                15 calendar days after the date on which an allegation 
                of wrongdoing is referred to the Integrity Committee 
                under subparagraph (A), the Integrity Committee shall 
                determine whether to refer the allegation of wrongdoing 
                to the Chairperson of the Integrity Committee to 
                initiate an investigation.'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (A), by striking 
                        ``paragraph (5)(C)'' and inserting ``paragraph 
                        (5)(B)''; and
                            (ii) in subparagraph (B)(i), by striking 
                        ``may'' and inserting ``shall'';
                    (D) in paragraph (7)--
                            (i) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) in subclause (III), by 
                                        striking ``and'' at the end;
                                            (bb) in subclause (IV), by 
                                        striking the period at the end 
                                        and inserting a semicolon; and
                                            (cc) by adding at the end 
                                        the following:
                                    ``(V) except as provided in clause 
                                (ii), ensuring, to the extent possible, 
                                that investigations are conducted by 
                                Offices of Inspector General of similar 
                                size;
                                    ``(VI) creating a process for 
                                rotation of Inspectors General assigned 
                                to investigate allegations through the 
                                Integrity Committee; and
                                    ``(VII) creating procedures to 
                                avoid conflicts of interest for 
                                Integrity Committee investigations.'';
                                    (II) by redesignating clause (ii) 
                                as clause (iii); and
                                    (III) by inserting after clause (i) 
                                the following:
                            ``(ii) Exception.--The requirement under 
                        clause (i)(V) shall not apply to any Office of 
                        Inspector General with less than 50 employees 
                        who are authorized to conduct audits or 
                        investigations.'';
                            (ii) by striking subparagraph (C); and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) Completion of investigation.--If an 
                allegation of wrongdoing is referred to the Chairperson 
                of the Integrity Committee under paragraph (5)(B), the 
                Chairperson of the Integrity Committee--
                            ``(i) shall complete the investigation not 
                        later than 120 calendar days after the date on 
                        which the Integrity Committee made the 
                        referral;
                            ``(ii) if the investigation cannot be 
                        completed within the 120-day period described 
                        in clause (i), shall--
                                    ``(I) promptly notify the 
                                congressional committees described in 
                                paragraph (8)(A)(iii); and
                                    ``(II) brief the congressional 
                                committees described in paragraph 
                                (8)(A)(iii) every 30 days until the 
                                investigation is complete.
                    ``(D) Concurrent investigation.--If an allegation 
                of wrongdoing against an Inspector General or a staff 
                member of an Office of Inspector General described 
                under paragraph (4)(C) is referred to the Department of 
                Justice or the Office of Special Counsel under 
                paragraph (5)(A), the Chairperson of the Integrity 
                Committee may conduct any related investigation 
                referred to the Chairperson under paragraph (5)(B) 
                concurrently with the Department of Justice or the 
                Office of Special Counsel, as applicable.
                    ``(E) Reports.--
                            ``(i) Integrity committee investigations.--
                        For each investigation of an allegation of 
                        wrongdoing referred to the Chairperson of the 
                        Integrity Committee under paragraph (5)(B), the 
                        Chairperson of the Integrity Committee shall 
                        submit to members of the Integrity Committee 
                        and to the Chairperson of the Council a report 
                        containing the results of the investigation.
                            ``(ii) Other investigations.--For each 
                        allegation of wrongdoing referred to the 
                        Department of Justice or the Office of Special 
                        Counsel under paragraph (5)(A), the Attorney 
                        General or the Special Counsel, as applicable, 
                        shall submit to the Integrity Committee a 
                        report containing the results of the 
                        investigation.
                            ``(iii) Availability to congress.--Any 
                        Member of Congress shall have access to any 
                        report authored by the Integrity Committee.'';
                    (E) by striking paragraph (8)(A)(iii) and inserting 
                the following:
                            ``(iii) submit the report, with the 
                        recommendations of the Integrity Committee, to 
                        the Committee on Homeland Security and 
                        Governmental Affairs of the Senate, the 
                        Committee on Oversight and Government Reform of 
                        the House of Representatives, and other 
                        congressional committees of jurisdiction; and
                            ``(iv) following the submission of the 
                        report under clause (iii) and upon request by 
                        any Member of Congress, submit the report, with 
                        the recommendations of the Integrity Committee, 
                        to that Member.'';
                    (F) in paragraph (9)(B), by striking ``other 
                agencies'' and inserting ``the Department of Justice or 
                the Office of Special Counsel'';
                    (G) in paragraph (10), by striking ``any of the 
                following'' and all that follows through the period at 
                the end and inserting ``any Member of Congress.''; and
                    (H) by adding at the end the following:
            ``(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 to the 
                        same extent and in the same manner as in the 
                        case of an allegation against an Inspector 
                        General or against a staff member of an Office 
                        of Inspector General described under paragraph 
                        (4)(C), subject to the requirement that the 
                        representative designated by the Special 
                        Counsel under paragraph (5)(A)(ii) shall recuse 
                        himself or herself from the consideration of 
                        any allegation brought under this paragraph.
                            ``(ii) Coordination with existing 
                        provisions of law.--This paragraph shall 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 such title, a 
                        failure to obtain corrective action within 120 
                        days after the date on which the 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 
                        such 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 may otherwise apply.
            ``(13) Committee records.--The Chairperson of the Council 
        shall maintain the records of the Integrity Committee.''; and
            (4) by adding at the end the following:
    ``(e) Authorization of Appropriations for Council.--For the 
purposes of carrying out this section, there are authorized to be 
appropriated into the revolving fund described in subsection (c)(3)(B), 
out of any money in the Treasury not otherwise appropriated, the 
following sums:
            ``(1) $7,500,000 for fiscal year 2016.
            ``(2) $7,800,000 for fiscal year 2017.
            ``(3) $8,100,000 for fiscal year 2018.
            ``(4) $8,500,000 for fiscal year 2019.
            ``(5) $8,900,000 for fiscal year 2020.
            ``(6) $9,300,000 for fiscal year 2021.''.

SEC. 5. REPORTS AND ADDITIONAL INFORMATION.

    (a) Report on Vacancies in the Offices of Inspector General.--The 
Comptroller General of the United States shall--
            (1) 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 Inspector 
                General to effectively carry out statutory 
                requirements; and
                    (D) recommendations to minimize the duration of 
                such vacancies;
            (2) not later than 9 months after the date of enactment of 
        this Act, present a briefing on the findings of the study 
        conducted under paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives; and
            (3) not later than 15 months after the date of enactment of 
        this Act, submit a report on the findings of the study 
        conducted under paragraph (1) to the committees described in 
        paragraph (2).
    (b) Report on Issues Involving Multiple Offices of Inspector 
General.--The Council of the Inspectors General on Integrity and 
Efficiency shall--
            (1) conduct an analysis of critical issues that involve the 
        jurisdiction of more than 1 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 the 
                Offices of Inspector General on critical issues; and
            (2) not later than 1 year after the date of enactment of 
        this Act, submit a report on the findings of the analysis 
        described in paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives.
    (c) Additional Information.--
            (1) In general.--On a semiannual basis to coincide with the 
        preparation of the semiannual report required under section 5 
        of the Inspector General Act of 1978 (5 U.S.C. App.), the 
        Office of Inspector General (in this subsection referred to as 
        the ``Office'') of each Federal agency or department shall 
        submit to the appropriate committees of jurisdiction in the 
        Senate and the House of Representatives, the Committee on 
        Homeland Security and Governmental Affairs of the Senate, and 
        the Committee on Oversight and Government Reform of the House 
        of Representatives--
                    (A) a report on each investigation conducted by the 
                Office involving employees of the Federal agency or 
                department, as applicable, receiving pay at the rate 
                specified for GS-15 level or above of the General 
                Schedule under section 5332 of title 5, United States 
                Code, where misconduct was found but no prosecution 
                resulted, including--
                            (i) a detailed description of the facts and 
                        circumstances of the investigation; and
                            (ii) a detailed description of the status 
                        and disposition of the matter, including--
                                    (I) if the matter was referred to 
                                the Department of Justice, the date of 
                                the referral; and
                                    (II) if the Department of Justice 
                                declined the referral, the date of the 
                                declination and an explanation of the 
                                reasons for the declination;
                    (B) reports authored by the Office that are not 
                available to the public;
                    (C) a detailed description of any instance of 
                whistleblower retaliation, including information about 
                the official found to have engaged in retaliation and 
                what, if any, consequences the Federal agency or 
                department imposed to hold that official accountable, 
                provided that the Office obtains whistleblower consent 
                before revealing the whistleblower's personally 
                identifiable information to Congress;
                    (D) a detailed description of any attempt by the 
                Federal agency or department, as applicable, to 
                interfere with the independence of the Office, 
                including--
                            (i) with communication between the Office 
                        and Congress; and
                            (ii) with budget constraints designed to 
                        limit the capabilities of the Office;
                    (E) detailed descriptions of the particular 
                circumstances of each--
                            (i) investigation, evaluation, and audit 
                        conducted by the Office that is closed and was 
                        not disclosed to the public;
                            (ii) outstanding unimplemented 
                        recommendation of the Office, as well as the 
                        aggregate potential cost savings of those open 
                        recommendations; and
                            (iii) incident where the Federal agency or 
                        department, as applicable, has resisted or 
                        objected to oversight activities of the Office 
                        or restricted or significantly delayed access 
                        to information, including the justification of 
                        the Federal agency or department for such 
                        action; and
                    (F) a narrative description of any audit, 
                evaluation, and inspection provided by the Office to 
                the Federal agency or department, as applicable, for 
                comment that was not returned within 60 days.
            (2) Availability to members of congress.--The information 
        described in paragraph (1) shall be available upon request by 
        any Member of Congress.
    (d) Duty to Submit and Make Available to the Public Certain Work 
Products.--Section 4 of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following:
    ``(e)(1) Whenever an Inspector General, in carrying out the duties 
and responsibilities established under this Act, issues a work product 
that makes a recommendation or otherwise suggests corrective action, 
the Inspector General shall--
            ``(A) submit the work product to--
                    ``(i) the head of the establishment;
                    ``(ii) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on 
                Appropriations of the Senate;
                    ``(iii) the Committee on Oversight and Government 
                Reform and the Committee on Appropriations of the House 
                of Representatives;
                    ``(iv) the congressional committees of 
                jurisdiction;
                    ``(v) if the work product was initiated upon 
                request by an individual or entity other than the 
                Inspector General, that individual or entity; and
                    ``(vi) any Member of Congress upon request; and
            ``(B) not later than 3 days after the work product is 
        submitted in final form to the head of the establishment, post 
        the work product on the website of the Office of Inspector 
        General.
    ``(2) Nothing in this subsection shall be construed to authorize 
the public disclosure of information that is specifically prohibited 
from disclosure by any other provision of law.''.
    (e) Posting of Reports on Websites of Offices of Inspectors 
General.--Section 8M(b) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in paragraph (1)(A), by striking ``is made publicly 
        available'' and inserting ``is submitted in final form to the 
        head of the Federal agency or the head of the designated 
        Federal entity, as applicable''; and
            (2) by adding at the end the following:
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to authorize the public disclosure of 
        information that is prohibited from disclosure by any other 
        provision of law.''.

SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Repeals.--
            (1) Inspector general act of 2008.--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.
            (2) Financial services and general government 
        appropriations act, 2009.--Section 744 of the Financial 
        Services and General Government Appropriations Act, 2009 
        (division D of Public Law 111-8; 123 Stat. 693) is repealed.
    (b) Agency Applicability.--
            (1) Amendments.--The Inspector General Act of 1978 (5 
        U.S.C. App.), as amended by this Act, is further amended--
                    (A) in section 8M--
                            (i) in subsection (a)(1)--
                                    (I) by striking ``Each agency'' and 
                                inserting ``Each Federal agency and 
                                designated Federal entity''; and
                                    (II) by striking ``that agency'' 
                                each place that term appears and 
                                inserting ``that Federal agency or 
                                designated Federal entity'';
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), by striking 
                                ``agency'' and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and
                                    (II) in paragraph (2), by striking 
                                ``agency'' each place that term appears 
                                and inserting ``Federal agency and 
                                designated Federal entity''; and
                            (iii) by adding at the end the following:
    ``(c) Definitions.--In this section, the terms `designated Federal 
entity' and `head of the designated Federal entity' have the meanings 
given those terms in section 8G(a).''; 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 (as defined in section 8G(a))''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date that is 180 days after the date 
        of enactment of this Act.
    (c) Requirements for Inspectors General Websites.--Section 8M(b)(1) 
of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
this Act, is further 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)'' each place that term appears and inserting 
        ``report (or portion of that report)''.
    (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 this Act, is 
        further amended--
                    (A) in section 4(b)(2)--
                            (i) by striking ``8F(a)(2)'' each place 
                        that term appears and inserting ``8G(a)(2)''; 
                        and
                            (ii) by striking ``8F(a)(1)'' and inserting 
                        ``8G(a)(1)'';
                    (B) in section 5(a)(13), by striking ``05(b)'' and 
                inserting ``804(b)'';
                    (C) in section 6(a)(4), by striking ``information, 
                as well as any tangible thing)'' and inserting 
                ``information), as well as any tangible thing''; and
                    (D) in section 8G(g)(3), by striking ``8C'' and 
                inserting ``8D''.
            (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. 
        App.), as amended by this Act, is further amended--
                    (A) in section 3(a), by striking ``subpena'' and 
                inserting ``subpoena'';
                    (B) in section 6(a)(4), by striking ``subpenas'' 
                and inserting ``subpoenas'';
                    (C) in section 8D(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' each place that term appears and 
                        inserting ``subpoena'';
                    (D) in section 8E(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' each place that term appears and 
                        inserting ``subpoena''; and
                    (E) in section 8G(d)(1), by striking ``subpena'' 
                and inserting ``subpoena''.
                                                        Calendar No. 68

114th CONGRESS

  1st Session

                                 S. 579

                          [Report No. 114-36]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 5, 2015

                       Reported with an amendment
```