II 

114TH CONGRESS 

1ST SESSION S. 579 

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, and Mr. JOHNSON) introduced 

the following bill; which was read twice and referred to the Committee 

on Homeland Security and Governmental Affairs 

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 2015’’. 

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. Removal of Inspectors General. 

Sec. 3. Additional authority provisions for Inspectors General. 

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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. 

1 SEC. 2. REMOVAL OF INSPECTORS GENERAL. 

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

3 is amended— 

4 (1) in section 3— 

5 (A) in the section header, by inserting 

6 ‘‘administrative leave;’’ after ‘‘re7 moval;’’; 

8 (B) in subsection (b)— 

9 (i) by striking ‘‘An Inspector General’’ 

10 and inserting ‘‘(1) An Inspector General’’; 

11 (ii) in paragraph (1), as so des12 ignated, by striking the last sentence; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(2) An Inspector General may not be placed in a 

16 paid or unpaid, nonduty status by the President— 

17 ‘‘(A) unless the President, not later than 48 

18 hours after the President issues the directive to 

19 place the Inspector General in such status, commu20 nicates in writing to both Houses of Congress the 

21 reasons for such action, which shall be limited to evi22 dence that the continued presence in the workplace 

23 of the Inspector General may— 

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1 ‘‘(i) pose a threat to the employee or oth2 ers; 

3 ‘‘(ii) result in loss of or damage to prop4 erty of the Federal Government; or 

5 ‘‘(iii) otherwise jeopardize legitimate inter6 ests of the Federal Government; and 

7 ‘‘(B) for more than 10 days, unless the Integ8 rity Committee of the Council of the Inspectors Gen9 eral for Integrity and Efficiency submits to the 

10 President a written recommendation for additional 

11 time, which is acted upon by the President, and the 

12 decision is communicated immediately to both 

13 Houses of Congress. 

14 ‘‘(3) Nothing in this subsection shall prohibit a per15 sonnel action otherwise authorized by law.’’; and 

16 (2) in section 8G(e)— 

17 (A) in paragraph (2), by striking the last 

18 sentence; and 

19 (B) by adding at the end the following: 

20 ‘‘(3) An Inspector General may not be placed in a 

21 paid or unpaid, nonduty status by the head of a designated 

22 Federal entity— 

23 ‘‘(A) unless the head of the designated Federal 

24 entity, not later than 48 hours after the head of the 

25 designated Federal entity issues the directive to 

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1 place the Inspector General in such status, commu2 nicates in writing to both Houses of Congress the 

3 reasons for such action, which shall be limited to evi4 dence that the continued presence in the workplace 

5 of the Inspector General may— 

6 ‘‘(i) pose a threat to the employee or oth7 ers; 

8 ‘‘(ii) result in loss of or damage to prop9 erty of the Federal Government; or 

10 ‘‘(iii) otherwise jeopardize legitimate inter11 ests of the Federal Government; and 

12 ‘‘(B) for more than 10 days, unless the Integ13 rity Committee of the Council of the Inspectors Gen14 eral for Integrity and Efficiency submits to the head 

15 of the designated Federal entity a written rec16 ommendation for additional time, which is acted 

17 upon by the head of the designated Federal entity, 

18 and the decision is communicated immediately to 

19 both Houses of Congress. 

20 ‘‘(4) Nothing in this subsection shall prohibit a per21 sonnel action otherwise authorized by law.’’. 

22 SEC. 3. ADDITIONAL AUTHORITY PROVISIONS FOR INSPEC23 TORS GENERAL. 

24 (a) SUBPOENA AUTHORITY FOR INSPECTORS GEN25 ERAL TO REQUIRE TESTIMONY OF CERTAIN PERSONS.— 

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

2 amended by section 2, is further amended— 

3 (1) in section 5(a)— 

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

5 at the end; 

6 (B) in paragraph (16), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (C) by inserting at the end the following: 

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

10 the attendance and testimony of certain witnesses 

11 under section 6A.’’; and 

12 (2) by inserting after section 6 the following: 

13 ‘‘SEC. 6A. ADDITIONAL AUTHORITY. 

14 ‘‘(a) TESTIMONIAL SUBPOENA AUTHORITY.—In ad15 dition to the authority otherwise provided by this Act and 

16 in accordance with the requirements of this section, each 

17 Inspector General, in carrying out the provisions of this 

18 Act, is authorized to require by subpoena the attendance 

19 and testimony of certain witnesses, including a contractor 

20 with the Federal Government and any former Federal em21 ployee (but not including any Federal employee, who is 

22 otherwise obligated to provide testimony and cooperate 

23 with the Inspector General), necessary in the performance 

24 of the functions assigned by this Act, which subpoena, in 

25 the case of contumacy or refusal to obey, shall be enforcemstockstill on DSK4VPTVN1PROD with BILLS

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1 able by order of any appropriate United States district 

2 court. 

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

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

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

6 an Inspector General shall submit a request for ap7 proval to issue a subpoena by a majority of a panel 

8 (in this section referred to as the ‘Subpoena Panel’), 

9 which shall be comprised of 3 members of the Coun10 cil of the Inspectors General on Integrity and Effi11 ciency, as designated by the Executive Chairperson 

12 of the Council of the Inspectors General on Integrity 

13 and Efficiency. 

14 ‘‘(2) TIME TO RESPOND.— 

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

16 subparagraph (B), not later than 10 days after 

17 the date on which a request for approval to 

18 issue a subpoena is submitted under paragraph 

19 (1), the Subpoena Panel shall approve or deny 

20 the request. 

21 ‘‘(B) ADDITIONAL INFORMATION FOR

22 PANEL.—If the Subpoena Panel determines 

23 that additional information is necessary to ap24 prove or deny a request for approval to issue a 

25 subpoena under subparagraph (A), the Submstockstill on DSK4VPTVN1PROD with BILLS

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1 poena Panel shall, not later than 20 days after 

2 the date on which the request is submitted— 

3 ‘‘(i) request the additional informa4 tion; and 

5 ‘‘(ii) approve or deny the request. 

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

7 members of the Subpoena Panel votes to deny a re8 quest for approval to issue a subpoena under sub9 paragraph (B)(ii), the subpoena may not be issued. 

10 ‘‘(c) NOTICE TO ATTORNEY GENERAL.— 

11 ‘‘(1) IN GENERAL.—If the Subpoena Panel ap12 proves a request for approval to issue a subpoena 

13 under subsection (b)(2), the Inspector General shall 

14 notify the Attorney General that the Inspector Gen15 eral intends to issue the subpoena. 

16 ‘‘(2) DECISION OF ATTORNEY GENERAL.—Not 

17 later than 10 days after the date on which the At18 torney General is notified under paragraph (1), the 

19 Attorney General may— 

20 ‘‘(A) object to the issuance of the subpoena 

21 if the subpoena will interfere with an ongoing 

22 investigation; or 

23 ‘‘(B) approve the issuance of the subpoena. 

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

25 the Attorney General approves the issuance of the 

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1 subpoena or does not object to the issuance of the 

2 subpoena during the 10-day period described in 

3 paragraph (2), the Inspector General may issue the 

4 subpoena. 

5 ‘‘(d) INCLUSION IN ANNUAL REPORT.—Not later 

6 than 1 year after the date of enactment of this Act, and 

7 every year thereafter, each Inspector General shall submit 

8 to the Chairperson of the Council of the Inspectors Gen9 eral on Integrity and Efficiency the number of times the 

10 Inspector General issued a subpoena under this section, 

11 which shall be included by the Chairperson in the annual 

12 report required under section 11(b)(3)(B)(viii). 

13 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to affect the exercise by an Inspec15 tor General of any testimonial subpoena authority estab16 lished under any other provision of law.’’. 

17 (b) MATCHING PROGRAM AND PAPERWORK REDUC18 TION ACT EXCEPTION FOR INSPECTORS GENERAL.—Sec19 tion 6 of the Inspector General Act of 1978 (5 U.S.C. 

20 App.) is amended by adding at the end the following: 

21 ‘‘(g)(1) In this subsection, the terms ‘agency’, 

22 ‘matching program’, ‘record’, and ‘system of records’ have 

23 the meanings given those terms in section 552a(a) of title 

24 5, United States Code. 

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

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

3 comparison of 2 or more automated Federal systems of 

4 records, or a computerized comparison of a Federal sys5 tem of records with other records or non-Federal records, 

6 performed by an Inspector General or by an agency in co7 ordination with an Inspector General in conducting an 

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

9 authorized under this Act shall not be considered a match10 ing program. 

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

12 impede the exercise by an Inspector General of any match13 ing program authority established under any other provi14 sion of law. 

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

16 States Code, shall not apply to the collection of informa17 tion during the conduct of an audit, investigation, inspec18 tion, evaluation, or other review conducted by the Council 

19 of the Inspectors General on Integrity and Efficiency or 

20 any Office of Inspector General, including any Office of 

21 Special Inspector General.’’. 

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1 SEC. 4. ADDITIONAL RESPONSIBILITIES AND RESOURCES 

2 OF THE COUNCIL OF THE INSPECTORS GEN3 ERAL ON INTEGRITY AND EFFICIENCY. 

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

5 U.S.C. App.) is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (1)(B), by striking ‘‘Di8 rector of National Intelligence’’ and inserting 

9 ‘‘Intelligence Community’’; and 

10 (B) by amending paragraph (3)(B)(viii) to 

11 read as follows: 

12 ‘‘(viii) prepare and transmit an an13 nual report on behalf of the Council on the 

14 activities of the Council to— 

15 ‘‘(I) the President; 

16 ‘‘(II) the appropriate committees 

17 of jurisdiction in the Senate and the 

18 House of Representatives; 

19 ‘‘(III) the Committee on Home20 land Security and Governmental Af21 fairs of the Senate; and 

22 ‘‘(IV) the Committee on Over23 sight and Government Reform of the 

24 House of Representatives.’’; 

25 (2) in subsection (c)(1)— 

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1 (A) in subparagraph (G), by striking 

2 ‘‘and’’ at the end; 

3 (B) by redesignating subparagraph (H) as 

4 subparagraph (I); and 

5 (C) by inserting after subparagraph (G) 

6 the following: 

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 1 Of12 fice of Inspector General; and’’; 

13 (3) in subsection (d)— 

14 (A) in paragraph (2)— 

15 (i) by striking subparagraph (C); 

16 (ii) by redesignating subparagraphs 

17 (A), (B), and (D) as clauses (i), (ii), and 

18 (iii), respectively, and adjusting the mar19 gins accordingly; 

20 (iii) in the matter preceding clause (i), 

21 as so redesignated, by striking ‘‘The Integ22 rity’’ and inserting the following: 

23 ‘‘(A) IN GENERAL.—The Integrity’’; 

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1 (iv) in clause (i), as so redesignated, 

2 by striking ‘‘, who’’ and all that follows 

3 through ‘‘Committee’’; 

4 (v) in clause (iii), as so redesignated, 

5 by inserting ‘‘or the designee of the Direc6 tor’’ before the period at the end; and 

7 (vi) by adding at the end the fol8 lowing: 

9 ‘‘(B) CHAIRPERSON.— 

10 ‘‘(i) IN GENERAL.—The Integrity 

11 Committee shall elect 1 of the Inspectors 

12 General referred to in subparagraph (A)(ii) 

13 to act as Chairperson of the Committee (in 

14 this subsection referred to as the ‘Chair15 person’). 

16 ‘‘(ii) TERM.—The term of office of the 

17 Chairperson shall be 2 years.’’; 

18 (B) by amending paragraph (5) to read as 

19 follows: 

20 ‘‘(5) REVIEW OF ALLEGATIONS.— 

21 ‘‘(A) IN GENERAL.—Not later than 7 days 

22 after the date on which the Integrity Committee 

23 receives an allegation of wrongdoing against an 

24 Inspector General or against a staff member of 

25 an Office of Inspector General described under 

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1 paragraph (4)(C), the allegation of wrongdoing 

2 shall be reviewed and referred to the Depart3 ment of Justice or the Office of Special Counsel 

4 for investigation, or to the Integrity Committee 

5 for review, as appropriate, by— 

6 ‘‘(i) a representative of the Depart7 ment of Justice, as designated by the At8 torney General; 

9 ‘‘(ii) a representative of the Office of 

10 Special Counsel, as designated by the Spe11 cial Counsel; and 

12 ‘‘(iii) a representative of the Integrity 

13 Committee, as designated by the Chair14 person. 

15 ‘‘(B) REFERRAL TO THE CHAIRPERSON.— 

16 Not later than 7 days after the date on which 

17 an allegation of wrongdoing is referred to the 

18 Integrity Committee under subparagraph (A), 

19 the Integrity Committee shall determine wheth20 er to refer the allegation of wrongdoing to the 

21 Chairperson to initiate an investigation.’’; 

22 (C) in paragraph (6)— 

23 (i) in subparagraph (A), by striking 

24 ‘‘paragraph (5)(C)’’ and inserting ‘‘para25 graph (5)(B)’’; and 

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1 (ii) in subparagraph (B)(i), by strik2 ing ‘‘may’’ and inserting ‘‘shall’’; 

3 (D) in paragraph (7)— 

4 (i) in subparagraph (B)— 

5 (I) in clause (i)— 

6 (aa) in subclause (III), by 

7 striking ‘‘and’’ at the end; 

8 (bb) in subclause (IV), by 

9 striking the period at the end 

10 and inserting a semicolon; and 

11 (cc) by adding at the end 

12 the following: 

13 ‘‘(V) except as provided in clause 

14 (ii), ensuring, to the extent possible, 

15 that investigations are conducted by 

16 Offices of Inspector General of similar 

17 size; 

18 ‘‘(VI) creating a regular rotation 

19 of Inspectors General assigned to in20 vestigate allegations through the In21 tegrity Committee; and 

22 ‘‘(VII) creating procedures to 

23 avoid conflicts of interest for Integrity 

24 Committee investigations.’’; 

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1 (II) by redesignating clause (ii) 

2 as clause (iii); and 

3 (III) by inserting after clause (i) 

4 the following: 

5 ‘‘(ii) EXCEPTION.—The requirement 

6 under clause (i)(V) shall not apply to any 

7 Office of Inspector General with less than 

8 50 employees who are authorized to con9 duct audits or investigations.’’; 

10 (ii) by striking subparagraph (C); and 

11 (iii) by inserting after subparagraph 

12 (B) the following: 

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

14 an allegation of wrongdoing is referred to the 

15 Chairperson under paragraph (5)(B), the 

16 Chairperson— 

17 ‘‘(i) shall complete the investigation 

18 not later than 120 days after the date on 

19 which the Integrity Committee made such 

20 a referral; 

21 ‘‘(ii) if the investigation cannot be 

22 completed within the 120-day period de23 scribed in clause (i), shall— 

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1 ‘‘(I) promptly notify the congres2 sional committees described in para3 graph (8)(A)(iii); and 

4 ‘‘(II) brief the congressional com5 mittees described in paragraph 

6 (8)(A)(iii) every 30 days until the in7 vestigation is complete. 

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

9 allegation of wrongdoing against an Inspector 

10 General or a staff member of an Office of In11 spector General described under paragraph 

12 (4)(C) is referred to the Department of Justice 

13 or the Office of Special Counsel under para14 graph (5)(A), the Chairperson may conduct any 

15 related investigation referred to the Chairperson 

16 under paragraph (5)(B) concurrently with the 

17 Department of Justice or the Office of Special 

18 Counsel, as applicable. 

19 ‘‘(E) REPORTS.— 

20 ‘‘(i) INTEGRITY COMMITTEE INVES21 TIGATIONS.—For each investigation of an 

22 allegation of wrongdoing referred to the 

23 Chairperson under paragraph (5)(B), the 

24 Chairperson shall submit to members of 

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1 the Integrity Committee a report con2 taining the results of the investigation. 

3 ‘‘(ii) OTHER INVESTIGATIONS.—For 

4 each allegation of wrongdoing referred to 

5 the Department of Justice or the Office of 

6 Special Counsel under paragraph (5)(A), 

7 the Attorney General or the Special Coun8 sel, as applicable, shall submit to the In9 tegrity Committee a report containing the 

10 results of the investigation. 

11 ‘‘(iii) AVAILABILITY TO CONGRESS.— 

12 Any Member of Congress shall have access 

13 to any report authored by the Integrity 

14 Committee.’’; 

15 (E) by striking paragraph (8)(A)(iii) and 

16 inserting the following: 

17 ‘‘(iii) submit the report, with the rec18 ommendations of the Integrity Committee, 

19 to the Committee on Homeland Security 

20 and Governmental Affairs of the Senate, 

21 the Committee on Oversight and Govern22 ment Reform of the House of Representa23 tives, and other congressional committees 

24 of jurisdiction; and 

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1 ‘‘(iv) following the submission of the 

2 report under clause (iii) and upon request 

3 by any Member of Congress, submit the re4 port, with the recommendations of the In5 tegrity Committee, to that Member.’’; 

6 (F) in paragraph (9)(B), by striking 

7 ‘‘other agencies’’ and inserting ‘‘the Depart8 ment of Justice or the Office of Special Coun9 sel’’; 

10 (G) in paragraph (10), by striking ‘‘any of 

11 the following’’ and all that follows through the 

12 period at the end and inserting ‘‘any Member of 

13 Congress.’’; and 

14 (H) by adding at the end the following: 

15 ‘‘(12) ALLEGATIONS OF WRONGDOING AGAINST

16 SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL.— 

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

18 paragraph, the term ‘Special Counsel’ means 

19 the Special Counsel appointed under section 

20 1211(b) of title 5, United States Code. 

21 ‘‘(B) AUTHORITY OF INTEGRITY COM22 MITTEE.— 

23 ‘‘(i) IN GENERAL.—An allegation of 

24 wrongdoing against the Special Counsel or 

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1 ceived, reviewed, and referred for investiga2 tion to the same extent and in the same 

3 manner as in the case of an allegation 

4 against an Inspector General or against a 

5 staff member of an Office of Inspector 

6 General described under paragraph (4)(C), 

7 subject to the requirement that the rep8 resentative designated by the Special 

9 Counsel under paragraph (5)(A)(ii) shall 

10 recuse himself or herself from the consider11 ation of any allegation brought under this 

12 paragraph. 

13 ‘‘(ii) COORDINATION WITH EXISTING

14 PROVISIONS OF LAW.—This paragraph 

15 does not eliminate access to the Merit Sys16 tems Protection Board for review under 

17 section 7701 of title 5, United States 

18 Code. To the extent that an allegation 

19 brought under this subsection involves sec20 tion 2302(b)(8) of that title, a failure to 

21 obtain corrective action within 120 days 

22 after the date on which the allegation is re23 ceived by the Integrity Committee shall, 

24 for purposes of section 1221 of such title, 

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1 be considered to satisfy section 

2 1214(a)(3)(B) of that title. 

3 ‘‘(C) REGULATIONS.—The Integrity Com4 mittee may prescribe any rules or regulations 

5 necessary to carry out this paragraph, subject 

6 to such consultation or other requirements as 

7 may otherwise apply. 

8 ‘‘(13) COMMITTEE RECORDS.—The Chairperson 

9 of the Council shall maintain the records of the In10 tegrity Committee.’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR

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

14 there are authorized to be appropriated into the revolving 

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

16 in the Treasury not otherwise appropriated, the following 

17 sums: 

18 ‘‘(1) $8,500,000 for fiscal year 2016. 

19 ‘‘(2) $9,000,000 for fiscal year 2017. 

20 ‘‘(3) $9,500,000 for fiscal year 2018. 

21 ‘‘(4) $10,000,000 for fiscal year 2019. 

22 ‘‘(5) $10,500,000 for fiscal year 2020. 

23 ‘‘(6) $11,000,000 for fiscal year 2021.’’. 

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1 SEC. 5. REPORTS AND ADDITIONAL INFORMATION. 

2 (a) REPORT ON VACANCIES IN THE OFFICES OF IN3 SPECTOR GENERAL.—The Comptroller General shall— 

4 (1) conduct a study of prolonged vacancies in 

5 the Offices of Inspector General during which a tem6 porary appointee has served as the head of the office 

7 that includes— 

8 (A) the number and duration of Inspector 

9 General vacancies; 

10 (B) an examination of the extent to which 

11 the number and duration of such vacancies has 

12 changed over time; 

13 (C) an evaluation of the impact such va14 cancies have had on the ability of the relevant 

15 Office of the Inspector General to effectively 

16 carry out statutory requirements; and 

17 (D) recommendations to minimize the du18 ration of such vacancies; 

19 (2) not later than 9 months after the date of 

20 enactment of this Act, present a briefing on the 

21 findings of the study conducted under paragraph (1) 

22 to— 

23 (A) the Committee on Homeland Security 

24 and Governmental Affairs of the Senate; and 

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1 (B) the Committee on Oversight and Gov2 ernment Reform of the House of Representa3 tives; and 

4 (3) not later than 15 months after the date of 

5 enactment of this Act, submit a report on the find6 ings of the study conducted under paragraph (1) to 

7 the committees described in paragraph (2). 

8 (b) REPORT ON ISSUES INVOLVING MULTIPLE OF9 FICES OF INSPECTOR GENERAL.—The Council of the In10 spectors General on Integrity and Efficiency shall— 

11 (1) conduct an analysis of critical issues that 

12 involve the jurisdiction of more than 1 individual 

13 Federal agency or entity to identify— 

14 (A) each such issue that could be better 

15 addressed through greater coordination among, 

16 and cooperation between, individual Offices of 

17 Inspector General; 

18 (B) the best practices that can be em19 ployed by the Offices of Inspector General to in20 crease coordination and cooperation on each 

21 issue identified; and 

22 (C) any recommended statutory changes 

23 that would facilitate coordination and coopera24 tion among the Offices of Inspector General on 

25 critical issues; and 

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1 (2) not later than 1 year after the date of en2 actment of this Act, submit a report on the findings 

3 of the analysis described in paragraph (1) to— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; and 

6 (B) the Committee on Oversight and Gov7 ernment Reform of the House of Representa8 tives. 

9 (c) ADDITIONAL INFORMATION.— 

10 (1) IN GENERAL.—Not later than 6 months 

11 after the date of enactment of this Act, and every 

12 6 months thereafter, the Office of Inspector General 

13 (in this subsection referred to as the ‘‘Office’’) of 

14 each Federal agency or department shall submit to 

15 the appropriate committees of jurisdiction in the 

16 Senate and the House of Representatives, the Com17 mittee on Homeland Security and Governmental Af18 fairs of the Senate, and the Committee on Oversight 

19 and Government Reform of the House of Represent20 atives— 

21 (A) a report on each investigation con22 ducted by the Office involving employees of the 

23 Federal agency or department, as applicable, 

24 receiving pay at the rate specified for GS–15 

25 level or above of the General Schedule under 

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1 section 5332 of title 5, United States Code, 

2 where misconduct was found but no prosecution 

3 resulted, including— 

4 (i) a detailed description of the facts 

5 and circumstances of the investigation; and 

6 (ii) a detailed description of the status 

7 and disposition of the matter, including— 

8 (I) if the matter was referred to 

9 the Department of Justice, the date of 

10 the referral; and 

11 (II) if the Department of Justice 

12 declined the referral, the date of the 

13 declination and an explanation of the 

14 reasons for the declination; 

15 (B) reports authored by the Office that are 

16 not available to the public; 

17 (C) a detailed description of any instance 

18 of whistleblower retaliation, including informa19 tion about the official found to have engaged in 

20 retaliation and what, if any, consequences the 

21 Federal agency or department imposed to hold 

22 that official accountable, provided that the Of23 fice obtains whistleblower consent before reveal24 ing any personally identifiable information to 

25 Congress; 

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1 (D) a detailed description of any attempt 

2 by the Federal agency or department, as appli3 cable, to interfere with the independence of the 

4 Office, including— 

5 (i) with communication between the 

6 Office and Congress; and 

7 (ii) with budget constraints designed 

8 to limit the capabilities of the Office; and 

9 (E) detailed descriptions of the particular 

10 circumstances of each— 

11 (i) investigation, evaluation, and audit 

12 conducted by the Office that is closed and 

13 was not disclosed to the public; 

14 (ii) outstanding unimplemented rec15 ommendation of the Office, as well as the 

16 aggregate potential cost savings of those 

17 open recommendations; and 

18 (iii) incident where the Federal agen19 cy or department, as applicable, has re20 sisted or objected to oversight activities of 

21 the Office or restricted or significantly de22 layed access to information, including the 

23 justification of the Federal agency or de24 partment for such action; and 

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1 (F) a narrative description of any audit, 

2 evaluation, and investigation provided by the 

3 Office to the Federal agency or department, as 

4 applicable, for comment but not returned within 

5 60 days. 

6 (2) AVAILABILITY TO MEMBERS OF CON7 GRESS.—The information described in paragraph (1) 

8 shall be available upon request by any Member of 

9 Congress. 

10 SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. 

11 (a) REPEALS.— 

12 (1) INSPECTOR GENERAL ACT OF 2008.—Sec13 tion 7(b) of the Inspector General Reform Act of 

14 2008 (Public Law 110–409; 122 Stat. 4312; 5 

15 U.S.C. 1211 note) is repealed. 

16 (2) OVERSEAS CONTINGENCY OPERATIONS.— 

17 Section 744 of the Financial Services and General 

18 Government Appropriations Act, 2009 (division D of 

19 Public Law 111–8; 123 Stat. 693; 5 U.S.C. App. 

20 8L) is repealed. 

21 (b) AGENCY APPLICABILITY.— 

22 (1) AMENDMENTS.—The Inspector General Act 

23 of 1978 (5 U.S.C. App.), as amended by this Act, 

24 is further amended— 

25 (A) in section 8M— 

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1 (i) in subsection (a)(1)— 

2 (I) by striking ‘‘Each agency’’ 

3 and inserting ‘‘Each Federal agency 

4 and designated Federal entity’’; and 

5 (II) by striking ‘‘that agency’’ 

6 each place that term appears and in7 serting ‘‘that Federal agency or des8 ignated Federal entity’’; and 

9 (ii) in subsection (b)— 

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

11 ‘‘agency’’ and inserting ‘‘Federal 

12 agency and designated Federal enti13 ty’’; and 

14 (II) in paragraph (2), by striking 

15 ‘‘agency’’ each place that term ap16 pears and inserting ‘‘Federal agency 

17 and designated Federal entity’’; and 

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

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

20 branch’’ and inserting ‘‘Federal agency or des21 ignated Federal entity’’. 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by paragraph (1) shall take effect on the date that 

24 is 180 days after the date of enactment of this Act. 

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1 (c) REQUIREMENTS FOR INSPECTORS GENERAL

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

3 Act of 1978 (5 U.S.C. App.), as amended by subsection 

4 (b)(1), is further amended— 

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

6 audit (or portion of any report or audit)’’ and insert7 ing ‘‘audit report, inspection report, or evaluation 

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

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

10 that report or audit)’’ each place that term appears 

11 and inserting ‘‘report (or portion of that report)’’. 

12 (d) CORRECTIONS.— 

13 (1) EXECUTIVE ORDER NUMBER.—Section 

14 7(c)(2) of the Inspector General Reform Act of 2008 

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

16 501 note) is amended by striking ‘‘12933’’ and in17 serting ‘‘12993’’. 

18 (2) PUNCTUATION AND CROSS-REFERENCES.— 

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

20 as amended by this Act, is further amended— 

21 (A) in section 4(b)(2)— 

22 (i) by striking ‘‘8F(a)(2)’’ each place 

23 that term appears and inserting 

24 ‘‘8G(a)(2)’’; and 

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1 (ii) by striking ‘‘8F(a)(1)’’ and insert2 ing ‘‘8G(a)(1)’’; 

3 (B) in section 5(a)(13), by striking 

4 ‘‘05(b)’’ and inserting ‘‘804(b)’’; 

5 (C) in section 6(a)(4), by striking ‘‘infor6 mation, as well as any tangible thing)’’ and in7 serting ‘‘information), as well as any tangible 

8 thing’’; and 

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

10 and inserting ‘‘8D’’. 

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

12 1978 (5 U.S.C. App.), as amended by this Act, is 

13 further amended— 

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

15 and inserting ‘‘subpoena’’; 

16 (B) in section 6(a)(4), by striking ‘‘sub17 penas’’ and inserting ‘‘subpoenas’’; 

18 (C) in section 8D(a)— 

19 (i) in paragraph (1), by striking ‘‘sub20 penas’’ and inserting ‘‘subpoenas’’; and 

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

22 ‘‘subpena’’ each place that term appears 

23 and inserting ‘‘subpoena’’; 

24 (D) in section 8E(a)— 

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1 (i) in paragraph (1), by striking ‘‘sub2 penas’’ and inserting ‘‘subpoenas’’; and 

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

4 ‘‘subpena’’ each place that term appears 

5 and inserting ‘‘subpoena’’; and 

6 (E) in section 8G(d)(1), by striking ‘‘sub7 pena’’ and inserting ‘‘subpoena’’. 

Æ 

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