II 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Inspector General Empowerment Act of 2015’’. 

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

5 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. 

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. 

6 SEC. 2. REMOVAL OF INSPECTORS GENERAL. 

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

8 is amended— 

9 (1) in section 3— 

10 (A) in the section header, by inserting 

11 ‘‘administrative leave;’’ after ‘‘re12 moval;’’; 

13 (B) in subsection (b)— 

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

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

16 (ii) in paragraph (1), as so des17 ignated, by striking the last sentence; and 

18 (iii) by adding at the end the fol19 lowing: 

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

21 paid or unpaid, nonduty status by the President— 


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

2 hours after the President issues the directive to 

3 place the Inspector General in such status, commu4 nicates in writing to both Houses of Congress the 

5 reasons for such action, which shall be limited to evi6 dence that the continued presence in the workplace 

7 of the Inspector General may— 

8 ‘‘(i) pose a threat to the employee or oth9 ers; 

10 ‘‘(ii) result in loss of or damage to prop11 erty of the Federal Government; or 

12 ‘‘(iii) otherwise jeopardize legitimate inter13 ests of the Federal Government; and 

14 ‘‘(B) for more than 10 days, unless the Integ15 rity Committee of the Council of the Inspectors Gen16 eral for Integrity and Efficiency submits to the 

17 President a written recommendation for additional 

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

19 decision is communicated immediately to both 

20 Houses of Congress. 

21 ‘‘(3) Nothing in this subsection shall prohibit a per22 sonnel action otherwise authorized by law.’’; and 

23 (2) in section 8G(e)— 

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

25 sentence; and 


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

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

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

4 Federal entity— 

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

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

7 designated Federal entity issues the directive to 

8 place the Inspector General in such status, commu9 nicates in writing to both Houses of Congress the 

10 reasons for such action, which shall be limited to evi11 dence that the continued presence in the workplace 

12 of the Inspector General may— 

13 ‘‘(i) pose a threat to the employee or oth14 ers; 

15 ‘‘(ii) result in loss of or damage to prop16 erty of the Federal Government; or 

17 ‘‘(iii) otherwise jeopardize legitimate inter18 ests of the Federal Government; and 

19 ‘‘(B) for more than 10 days, unless the Integ20 rity Committee of the Council of the Inspectors Gen21 eral for Integrity and Efficiency submits to the head 

22 of the designated Federal entity a written rec23 ommendation for additional time, which is acted 

24 upon by the head of the designated Federal entity, 


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1 and the decision is communicated immediately to 

2 both Houses of Congress. 

3 ‘‘(4) Nothing in this subsection shall prohibit a per4 sonnel action otherwise authorized by law.’’. 

5 SEC. 3. ADDITIONAL AUTHORITY PROVISIONS FOR INSPEC6 TORS GENERAL. 

7 (a) SUBPOENA AUTHORITY FOR INSPECTORS GEN8 ERAL TO REQUIRE TESTIMONY OF CERTAIN PERSONS.— 

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

10 amended by section 2, is further amended— 

11 (1) in section 5(a)— 

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

13 at the end; 

14 (B) in paragraph (16), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

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

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

18 the attendance and testimony of certain witnesses 

19 under section 6A.’’; and 

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

21 ‘‘SEC. 6A. ADDITIONAL AUTHORITY. 

22 ‘‘(a) TESTIMONIAL SUBPOENA AUTHORITY.—In ad23 dition to the authority otherwise provided by this Act and 

24 in accordance with the requirements of this section, each 

25 Inspector General, in carrying out the provisions of this 


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1 Act, is authorized to require by subpoena the attendance 

2 and testimony of certain witnesses, including a contractor 

3 with the Federal Government and any former Federal em4 ployee (but not including any Federal employee, who is 

5 otherwise obligated to provide testimony and cooperate 

6 with the Inspector General), necessary in the performance 

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

8 the case of contumacy or refusal to obey, shall be enforce9 able by order of any appropriate United States district 

10 court. 

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

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

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

14 an Inspector General shall submit a request for ap15 proval to issue a subpoena by a majority of a panel 

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

17 which shall be comprised of 3 members of the Coun18 cil of the Inspectors General on Integrity and Effi19 ciency, as designated by the Executive Chairperson 

20 of the Council of the Inspectors General on Integrity 

21 and Efficiency. 

22 ‘‘(2) TIME TO RESPOND.— 

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

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

25 the date on which a request for approval to 


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1 issue a subpoena is submitted under paragraph 

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

3 the request. 

4 ‘‘(B) ADDITIONAL INFORMATION FOR

5 PANEL.—If the Subpoena Panel determines 

6 that additional information is necessary to ap7 prove or deny a request for approval to issue a 

8 subpoena under subparagraph (A), the Sub9 poena Panel shall, not later than 20 days after 

10 the date on which the request is submitted— 

11 ‘‘(i) request the additional informa12 tion; and 

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

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

15 members of the Subpoena Panel votes to deny a re16 quest for approval to issue a subpoena under sub17 paragraph (B)(ii), the subpoena may not be issued. 

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

19 ‘‘(1) IN GENERAL.—If the Subpoena Panel ap20 proves a request for approval to issue a subpoena 

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

22 notify the Attorney General that the Inspector Gen23 eral intends to issue the subpoena. 

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

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1 torney General is notified under paragraph (1), the 

2 Attorney General may— 

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

4 if the subpoena will interfere with an ongoing 

5 investigation; or 

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

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

8 the Attorney General approves the issuance of the 

9 subpoena or does not object to the issuance of the 

10 subpoena during the 10-day period described in 

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

12 subpoena. 

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

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

15 every year thereafter, each Inspector General shall submit 

16 to the Chairperson of the Council of the Inspectors Gen17 eral on Integrity and Efficiency the number of times the 

18 Inspector General issued a subpoena under this section, 

19 which shall be included by the Chairperson in the annual 

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

21 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to affect the exercise by an Inspec23 tor General of any testimonial subpoena authority estab24 lished under any other provision of law.’’. 


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1 (b) MATCHING PROGRAM AND PAPERWORK REDUC2 TION ACT EXCEPTION FOR INSPECTORS GENERAL.—Sec3 tion 6 of the Inspector General Act of 1978 (5 U.S.C. 

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

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

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

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

8 5, United States Code. 

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

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

11 comparison of 2 or more automated Federal systems of 

12 records, or a computerized comparison of a Federal sys13 tem of records with other records or non-Federal records, 

14 performed by an Inspector General or by an agency in co15 ordination with an Inspector General in conducting an 

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

17 authorized under this Act shall not be considered a match18 ing program. 

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

20 impede the exercise by an Inspector General of any match21 ing program authority established under any other provi22 sion of law. 

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

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1 tion, evaluation, or other review conducted by the Council 

2 of the Inspectors General on Integrity and Efficiency or 

3 any Office of Inspector General, including any Office of 

4 Special Inspector General.’’. 

5 SEC. 4. ADDITIONAL RESPONSIBILITIES AND RESOURCES 

6 OF THE COUNCIL OF THE INSPECTORS GEN7 ERAL ON INTEGRITY AND EFFICIENCY. 

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

9 U.S.C. App.) is amended— 

10 (1) in subsection (b)— 

11 (A) in paragraph (1)(B), by striking ‘‘Di12 rector of National Intelligence’’ and inserting 

13 ‘‘Intelligence Community’’; and 

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

15 read as follows: 

16 ‘‘(viii) prepare and transmit an an17 nual report on behalf of the Council on the 

18 activities of the Council to— 

19 ‘‘(I) the President; 

20 ‘‘(II) the appropriate committees 

21 of jurisdiction in the Senate and the 

22 House of Representatives; 

23 ‘‘(III) the Committee on Home24 land Security and Governmental Af25 fairs of the Senate; and 


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1 ‘‘(IV) the Committee on Over2 sight and Government Reform of the 

3 House of Representatives.’’; 

4 (2) in subsection (c)(1)— 

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

6 ‘‘and’’ at the end; 

7 (B) by redesignating subparagraph (H) as 

8 subparagraph (I); and 

9 (C) by inserting after subparagraph (G) 

10 the following: 

11 ‘‘(H) receive, review, and mediate any dis12 putes submitted in writing to the Council by an 

13 Office of Inspector General regarding an audit, 

14 investigation, inspection, evaluation, or project 

15 that involves the jurisdiction of more than 1 Of16 fice of Inspector General; and’’; 

17 (3) in subsection (d)— 

18 (A) in paragraph (2)— 

19 (i) by striking subparagraph (C); 

20 (ii) by redesignating subparagraphs 

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

22 (iii), respectively, and adjusting the mar23 gins accordingly; 


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

2 as so redesignated, by striking ‘‘The Integ3 rity’’ and inserting the following: 

4 ‘‘(A) IN GENERAL.—The Integrity’’; 

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

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

7 through ‘‘Committee’’; 

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

9 by inserting ‘‘or the designee of the Direc10 tor’’ before the period at the end; and 

11 (vi) by adding at the end the fol12 lowing: 

13 ‘‘(B) CHAIRPERSON.— 

14 ‘‘(i) IN GENERAL.—The Integrity 

15 Committee shall elect 1 of the Inspectors 

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

17 to act as Chairperson of the Committee (in 

18 this subsection referred to as the ‘Chair19 person’). 

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

21 Chairperson shall be 2 years.’’; 

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

23 follows: 

24 ‘‘(5) REVIEW OF ALLEGATIONS.— 


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

2 after the date on which the Integrity Committee 

3 receives an allegation of wrongdoing against an 

4 Inspector General or against a staff member of 

5 an Office of Inspector General described under 

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

7 shall be reviewed and referred to the Depart8 ment of Justice or the Office of Special Counsel 

9 for investigation, or to the Integrity Committee 

10 for review, as appropriate, by— 

11 ‘‘(i) a representative of the Depart12 ment of Justice, as designated by the At13 torney General; 

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

15 Special Counsel, as designated by the Spe16 cial Counsel; and 

17 ‘‘(iii) a representative of the Integrity 

18 Committee, as designated by the Chair19 person. 

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

21 Not later than 7 days after the date on which 

22 an allegation of wrongdoing is referred to the 

23 Integrity Committee under subparagraph (A), 

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1 er to refer the allegation of wrongdoing to the 

2 Chairperson to initiate an investigation.’’; 

3 (C) in paragraph (6)— 

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

5 ‘‘paragraph (5)(C)’’ and inserting ‘‘para6 graph (5)(B)’’; and 

7 (ii) in subparagraph (B)(i), by strik8 ing ‘‘may’’ and inserting ‘‘shall’’; 

9 (D) in paragraph (7)— 

10 (i) in subparagraph (B)— 

11 (I) in clause (i)— 

12 (aa) in subclause (III), by 

13 striking ‘‘and’’ at the end; 

14 (bb) in subclause (IV), by 

15 striking the period at the end 

16 and inserting a semicolon; and 

17 (cc) by adding at the end 

18 the following: 

19 ‘‘(V) except as provided in clause 

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

21 that investigations are conducted by 

22 Offices of Inspector General of similar 

23 size; 

24 ‘‘(VI) creating a regular rotation 

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1 vestigate allegations through the In2 tegrity Committee; and 

3 ‘‘(VII) creating procedures to 

4 avoid conflicts of interest for Integrity 

5 Committee investigations.’’; 

6 (II) by redesignating clause (ii) 

7 as clause (iii); and 

8 (III) by inserting after clause (i) 

9 the following: 

10 ‘‘(ii) EXCEPTION.—The requirement 

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

12 Office of Inspector General with less than 

13 50 employees who are authorized to con14 duct audits or investigations.’’; 

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

16 (iii) by inserting after subparagraph 

17 (B) the following: 

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

19 an allegation of wrongdoing is referred to the 

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

21 Chairperson— 

22 ‘‘(i) shall complete the investigation 

23 not later than 120 days after the date on 

24 which the Integrity Committee made such 

25 a referral; 


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1 ‘‘(ii) if the investigation cannot be 

2 completed within the 120-day period de3 scribed in clause (i), shall— 

4 ‘‘(I) promptly notify the congres5 sional committees described in para6 graph (8)(A)(iii); and 

7 ‘‘(II) brief the congressional com8 mittees described in paragraph 

9 (8)(A)(iii) every 30 days until the in10 vestigation is complete. 

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

12 allegation of wrongdoing against an Inspector 

13 General or a staff member of an Office of In14 spector General described under paragraph 

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

16 or the Office of Special Counsel under para17 graph (5)(A), the Chairperson may conduct any 

18 related investigation referred to the Chairperson 

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

20 Department of Justice or the Office of Special 

21 Counsel, as applicable. 

22 ‘‘(E) REPORTS.— 

23 ‘‘(i) INTEGRITY COMMITTEE INVES24 TIGATIONS.—For each investigation of an 

25 allegation of wrongdoing referred to the 


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

2 Chairperson shall submit to members of 

3 the Integrity Committee a report con4 taining the results of the investigation. 

5 ‘‘(ii) OTHER INVESTIGATIONS.—For 

6 each allegation of wrongdoing referred to 

7 the Department of Justice or the Office of 

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

9 the Attorney General or the Special Coun10 sel, as applicable, shall submit to the In11 tegrity Committee a report containing the 

12 results of the investigation. 

13 ‘‘(iii) AVAILABILITY TO CONGRESS.— 

14 Any Member of Congress shall have access 

15 to any report authored by the Integrity 

16 Committee.’’; 

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

18 inserting the following: 

19 ‘‘(iii) submit the report, with the rec20 ommendations of the Integrity Committee, 

21 to the Committee on Homeland Security 

22 and Governmental Affairs of the Senate, 

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1 tives, and other congressional committees 

2 of jurisdiction; and 

3 ‘‘(iv) following the submission of the 

4 report under clause (iii) and upon request 

5 by any Member of Congress, submit the re6 port, with the recommendations of the In7 tegrity Committee, to that Member.’’; 

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

9 ‘‘other agencies’’ and inserting ‘‘the Depart10 ment of Justice or the Office of Special Coun11 sel’’; 

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

13 the following’’ and all that follows through the 

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

15 Congress.’’; and 

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

17 ‘‘(12) ALLEGATIONS OF WRONGDOING AGAINST

18 SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL.— 

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

20 paragraph, the term ‘Special Counsel’ means 

21 the Special Counsel appointed under section 

22 1211(b) of title 5, United States Code. 

23 ‘‘(B) AUTHORITY OF INTEGRITY COM24 MITTEE.— 


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1 ‘‘(i) IN GENERAL.—An allegation of 

2 wrongdoing against the Special Counsel or 

3 the Deputy Special Counsel may be re4 ceived, reviewed, and referred for investiga5 tion to the same extent and in the same 

6 manner as in the case of an allegation 

7 against an Inspector General or against a 

8 staff member of an Office of Inspector 

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

10 subject to the requirement that the rep11 resentative designated by the Special 

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

13 recuse himself or herself from the consider14 ation of any allegation brought under this 

15 paragraph. 

16 ‘‘(ii) COORDINATION WITH EXISTING

17 PROVISIONS OF LAW.—This paragraph 

18 does not eliminate access to the Merit Sys19 tems Protection Board for review under 

20 section 7701 of title 5, United States 

21 Code. To the extent that an allegation 

22 brought under this subsection involves sec23 tion 2302(b)(8) of that title, a failure to 

24 obtain corrective action within 120 days 

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1 ceived by the Integrity Committee shall, 

2 for purposes of section 1221 of such title, 

3 be considered to satisfy section 

4 1214(a)(3)(B) of that title. 

5 ‘‘(C) REGULATIONS.—The Integrity Com6 mittee may prescribe any rules or regulations 

7 necessary to carry out this paragraph, subject 

8 to such consultation or other requirements as 

9 may otherwise apply. 

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

11 of the Council shall maintain the records of the In12 tegrity Committee.’’; and 

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

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR

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

16 there are authorized to be appropriated into the revolving 

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

18 in the Treasury not otherwise appropriated, the following 

19 sums: 

20 ‘‘(1) $8,500,000 for fiscal year 2016. 

21 ‘‘(2) $9,000,000 for fiscal year 2017. 

22 ‘‘(3) $9,500,000 for fiscal year 2018. 

23 ‘‘(4) $10,000,000 for fiscal year 2019. 

24 ‘‘(5) $10,500,000 for fiscal year 2020. 

25 ‘‘(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’’. 

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

9 (a) SHORT TITLE.—This Act may be cited as the ‘‘In10 spector General Empowerment Act of 2015’’. 

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

12 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. 

13 SEC. 2. NONDUTY STATUS OF INSPECTORS GENERAL; SU14 PERVISION. 

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

16 amended— 

17 (1) in section 3— 

18 (A) in the section header— 

19 (i) by striking ‘‘supervision;’’; and 

20 (ii) by inserting ‘‘administrative 

21 leave;’’ after ‘‘removal;’’; 

22 (B) in subsection (a)— 


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1 (i) by striking ‘‘and be under the gen2 eral supervision of’’; and 

3 (ii) by striking ‘‘or be subject to super4 vision by,’’; 

5 (C) in subsection (b)— 

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

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

8 (ii) in paragraph (1), as so designated, 

9 by striking the last sentence; and 

10 (iii) by adding at the end the fol11 lowing: 

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

13 or unpaid, nonduty status by the President— 

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

15 hours after the President issues the directive to place 

16 the Inspector General in such status, communicates in 

17 writing to both Houses of Congress the reasons for 

18 such action, which shall be limited to evidence that 

19 the continued presence in the workplace of the Inspec20 tor General may— 

21 ‘‘(i) pose a threat to the employee or others; 

22 ‘‘(ii) result in loss of or damage to property 

23 of the Federal Government; or 

24 ‘‘(iii) otherwise jeopardize legitimate inter25 ests of the Federal Government; and 


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1 ‘‘(B) for more than 10 days, unless the Integrity 

2 Committee of the Council of the Inspectors General for 

3 Integrity and Efficiency submits to the President a 

4 written recommendation for additional time, which is 

5 acted upon by the President, and the decision is com6 municated immediately to both Houses of Congress. 

7 ‘‘(3) Nothing in this subsection shall prohibit a per8 sonnel action otherwise authorized by law.’’; and 

9 (2) in section 8G(e)— 

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

11 sentence; and 

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

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

14 or unpaid, nonduty status by the head of a designated Fed15 eral entity— 

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

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

18 designated Federal entity issues the directive to place 

19 the Inspector General in such status, communicates in 

20 writing to both Houses of Congress the reasons for 

21 such action, which shall be limited to evidence that 

22 the continued presence in the workplace of the Inspec23 tor General may— 

24 ‘‘(i) pose a threat to the employee or others; 


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1 ‘‘(ii) result in loss of or damage to property 

2 of the Federal Government; or 

3 ‘‘(iii) otherwise jeopardize legitimate inter4 ests of the Federal Government; and 

5 ‘‘(B) for more than 10 days, unless the Integrity 

6 Committee of the Council of the Inspectors General for 

7 Integrity and Efficiency submits to the head of the 

8 designated Federal entity a written recommendation 

9 for additional time, which is acted upon by the head 

10 of the designated Federal entity, and the decision is 

11 communicated immediately to both Houses of Con12 gress. 

13 ‘‘(4) Nothing in this subsection shall prohibit a per14 sonnel action otherwise authorized by law.’’. 

15 SEC. 3. ADDITIONAL AUTHORITY PROVISIONS FOR INSPEC16 TORS GENERAL. 

17 (a) SUBPOENA AUTHORITY FOR INSPECTORS GENERAL

18 TO REQUIRE TESTIMONY OF CERTAIN PERSONS.—The In19 spector General Act of 1978 (5 U.S.C. App.) is amended— 

20 (1) in section 5(a)— 

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

22 at the end; 

23 (B) in paragraph (16), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

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


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

2 the attendance and testimony of certain witnesses 

3 under section 6A.’’; 

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

5 ‘‘SEC. 6A. ADDITIONAL AUTHORITY. 

6 ‘‘(a) TESTIMONIAL SUBPOENA AUTHORITY.—In addi7 tion to the authority otherwise provided by this Act and 

8 in accordance with the requirements of this section, each 

9 Inspector General, in carrying out the provisions of this 

10 Act, is authorized to require by subpoena the attendance 

11 and testimony of certain witnesses, including a current or 

12 former contractor with the Federal Government, a current 

13 or former subcontractor (at any tier) of a contractor with 

14 the Federal Government, a current or former grantee of the 

15 Federal Government, a current or former subgrantee of a 

16 grantee of the Federal Government, a current or former em17 ployee of such a contractor, subcontractor, grantee, or sub18 grantee, and any former Federal employee (but not includ19 ing any Federal employee, who is otherwise obligated to 

20 provide testimony and cooperate with the Inspector Gen21 eral), necessary in the performance of the functions assigned 

22 by this Act, which subpoena, in the case of contumacy or 

23 refusal to obey, shall be enforceable by order of any appro24 priate United States district court. 

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


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

2 of a subpoena described in subsection (a), an Inspec3 tor General shall submit a request for approval to 

4 issue a subpoena by a majority of a panel (in this 

5 section referred to as the ‘Subpoena Panel’), which 

6 shall be comprised of— 

7 ‘‘(A) 3 members of the Council of the In8 spectors General on Integrity and Efficiency, as 

9 designated by the Chairperson of the Council of 

10 the Inspectors General on Integrity and Effi11 ciency; or 

12 ‘‘(B) in the case of a request by an Inspec13 tor General from the Intelligence Community, 

14 the 3 members designated under subparagraph 

15 (A) shall each be members of the Council of the 

16 Inspectors General on Integrity and Efficiency’s 

17 Intelligence Community. 

18 ‘‘(2) TIME TO RESPOND.— 

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

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

21 the date on which a request for approval to issue 

22 a subpoena is submitted under paragraph (1), 

23 the Subpoena Panel shall approve or deny the 

24 request. 


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1 ‘‘(B) ADDITIONAL INFORMATION FOR

2 PANEL.—If the Subpoena Panel determines that 

3 additional information is necessary to approve 

4 or deny a request for approval to issue a sub5 poena under subparagraph (A), the Subpoena 

6 Panel shall, not later than 20 days after the date 

7 on which the request is submitted— 

8 ‘‘(i) request the additional informa9 tion; and 

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

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

12 members of the Subpoena Panel votes to deny a re13 quest for approval to issue a subpoena under subpara14 graph (B)(ii), the subpoena may not be issued. 

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

16 ‘‘(1) IN GENERAL.—If the Subpoena Panel ap17 proves a request for approval to issue a subpoena 

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

19 notify the Attorney General that the Inspector Gen20 eral intends to issue the subpoena. 

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

22 later than 10 days after the date on which the Attor23 ney General is notified under paragraph (1), the At24 torney General may— 


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

2 if the subpoena will interfere with an ongoing 

3 matter; or 

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

5 ‘‘(3) ISSUANCE OF SUBPOENA APPROVED.—If the 

6 Attorney General approves the issuance of the sub7 poena or does not object to the issuance of the sub8 poena during the 10-day period described in para9 graph (2), the Inspector General may issue the sub10 poena. 

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

12 1 year after the date of enactment of this section, and every 

13 year thereafter, each Inspector General shall submit to the 

14 Chairperson of the Council of the Inspectors General on In15 tegrity and Efficiency the number of times the Inspector 

16 General issued a subpoena under this section, which shall 

17 be included by the Chairperson in the annual report re18 quired under section 11(b)(3)(B)(viii). 

19 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to affect the exercise by an Inspector 

21 General of any testimonial subpoena authority established 

22 under any other provision of law.’’; and 

23 (3) in section 8G(g)(1), by inserting ‘‘6A,’’ before 

24 ‘‘and 7’’. 


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1 (b) MATCHING PROGRAM AND PAPERWORK REDUC2 TION ACT EXCEPTION FOR INSPECTORS GENERAL.—Sec3 tion 6 of the Inspector General Act of 1978 (5 U.S.C. App.) 

4 is amended by adding at the end the following: 

5 ‘‘(g)(1) In this subsection, the terms ‘agency’, ‘match6 ing program’, ‘record’, and ‘system of records’ have the 

7 meanings given those terms in section 552a(a) of title 5, 

8 United States Code. 

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

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

11 comparison of 2 or more automated Federal systems of 

12 records, or a computerized comparison of a Federal system 

13 of records with other records or non-Federal records, per14 formed by an Inspector General or by an agency in coordi15 nation with an Inspector General in conducting an audit, 

16 investigation, inspection, evaluation, or other review au17 thorized under this Act shall not be considered a matching 

18 program. 

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

20 impede the exercise by an Inspector General of any match21 ing program authority established under any other provi22 sion of law. 

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

24 States Code, shall not apply to the collection of information 

25 during the conduct of an audit, investigation, inspection, 


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1 evaluation, or other review conducted by the Council of the 

2 Inspectors General on Integrity and Efficiency or any Of3 fice of Inspector General, including any Office of Special 

4 Inspector General.’’. 

5 SEC. 4. ADDITIONAL RESPONSIBILITIES AND RESOURCES 

6 OF THE COUNCIL OF THE INSPECTORS GEN7 ERAL ON INTEGRITY AND EFFICIENCY. 

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

9 U.S.C. App.) is amended— 

10 (1) in subsection (b)— 

11 (A) in paragraph (1)(B), by striking ‘‘Di12 rector of National Intelligence’’ and inserting 

13 ‘‘Intelligence Community’’; and 

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

15 read as follows: 

16 ‘‘(viii) prepare and transmit an an17 nual report on behalf of the Council on the 

18 activities of the Council to— 

19 ‘‘(I) the President; 

20 ‘‘(II) the appropriate committees 

21 of jurisdiction of the Senate and the 

22 House of Representatives; 

23 ‘‘(III) the Committee on Home24 land Security and Governmental Af25 fairs of the Senate; and 


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1 ‘‘(IV) the Committee on Oversight 

2 and Government Reform of the House 

3 of Representatives.’’; 

4 (2) in subsection (c)(1)— 

5 (A) in subparagraph (G), by striking ‘‘and’’ 

6 at the end; 

7 (B) by redesignating subparagraph (H) as 

8 subparagraph (I); and 

9 (C) by inserting after subparagraph (G) the 

10 following: 

11 ‘‘(H) receive, review, and mediate any dis12 putes submitted in writing to the Council by an 

13 Office of Inspector General regarding an audit, 

14 investigation, inspection, evaluation, or project 

15 that involves the jurisdiction of more than 1 Of16 fice of Inspector General; and’’; 

17 (3) in subsection (d)— 

18 (A) in paragraph (2)— 

19 (i) by striking subparagraph (C); 

20 (ii) by redesignating subparagraphs 

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

22 (iii), respectively, and adjusting the mar23 gins accordingly; 


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

2 as so redesignated, by striking ‘‘The Integ3 rity’’ and inserting the following: 

4 ‘‘(A) IN GENERAL.—The Integrity’’; 

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

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

7 through ‘‘Committee’’; 

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

9 by inserting ‘‘or the designee of the Direc10 tor’’ before the period at the end; and 

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

12 ‘‘(B) CHAIRPERSON.— 

13 ‘‘(i) IN GENERAL.—The Integrity Com14 mittee shall elect 1 of the Inspectors General 

15 referred to in subparagraph (A)(ii) to act as 

16 Chairperson of the Integrity Committee. 

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

18 Chairperson of the Integrity Committee 

19 shall be 2 years.’’; 

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

21 follows: 

22 ‘‘(5) REVIEW OF ALLEGATIONS.— 

23 ‘‘(A) IN GENERAL.—Not later than 7 cal24 endar days after the date on which the Integrity 

25 Committee receives an allegation of wrongdoing 


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1 against an Inspector General or against a staff 

2 member of an Office of Inspector General de3 scribed under paragraph (4)(C), the allegation of 

4 wrongdoing shall be reviewed and referred to the 

5 Department of Justice or the Office of Special 

6 Counsel for investigation, or to the Integrity 

7 Committee for review, as appropriate, by— 

8 ‘‘(i) a representative of the Department 

9 of Justice, as designated by the Attorney 

10 General; 

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

12 Special Counsel, as designated by the Spe13 cial Counsel; and 

14 ‘‘(iii) a representative of the Integrity 

15 Committee, as designated by the Chair16 person of the Integrity Committee. 

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

18 Not later than 15 calendar days after the date on 

19 which an allegation of wrongdoing is referred to 

20 the Integrity Committee under subparagraph 

21 (A), the Integrity Committee shall determine 

22 whether to refer the allegation of wrongdoing to 

23 the Chairperson of the Integrity Committee to 

24 initiate an investigation.’’; 

25 (C) in paragraph (6)— 


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

2 ‘‘paragraph (5)(C)’’ and inserting ‘‘para3 graph (5)(B)’’; and 

4 (ii) in subparagraph (B)(i), by strik5 ing ‘‘may’’ and inserting ‘‘shall’’; 

6 (D) in paragraph (7)— 

7 (i) in subparagraph (B)— 

8 (I) in clause (i)— 

9 (aa) in subclause (III), by 

10 striking ‘‘and’’ at the end; 

11 (bb) in subclause (IV), by 

12 striking the period at the end and 

13 inserting a semicolon; and 

14 (cc) by adding at the end the 

15 following: 

16 ‘‘(V) except as provided in clause 

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

18 that investigations are conducted by 

19 Offices of Inspector General of similar 

20 size; 

21 ‘‘(VI) creating a process for rota22 tion of Inspectors General assigned to 

23 investigate allegations through the In24 tegrity Committee; and 


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1 ‘‘(VII) creating procedures to 

2 avoid conflicts of interest for Integrity 

3 Committee investigations.’’; 

4 (II) by redesignating clause (ii) 

5 as clause (iii); and 

6 (III) by inserting after clause (i) 

7 the following: 

8 ‘‘(ii) EXCEPTION.—The requirement 

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

10 Office of Inspector General with less than 

11 50 employees who are authorized to conduct 

12 audits or investigations.’’; 

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

14 (iii) by inserting after subparagraph 

15 (B) the following: 

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

17 an allegation of wrongdoing is referred to the 

18 Chairperson of the Integrity Committee under 

19 paragraph (5)(B), the Chairperson of the Integ20 rity Committee— 

21 ‘‘(i) shall complete the investigation 

22 not later than 120 calendar days after the 

23 date on which the Integrity Committee 

24 made the referral; 


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1 ‘‘(ii) if the investigation cannot be 

2 completed within the 120-day period de3 scribed in clause (i), shall— 

4 ‘‘(I) promptly notify the congres5 sional committees described in para6 graph (8)(A)(iii); and 

7 ‘‘(II) brief the congressional com8 mittees described in paragraph 

9 (8)(A)(iii) every 30 days until the in10 vestigation is complete. 

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

12 allegation of wrongdoing against an Inspector 

13 General or a staff member of an Office of Inspec14 tor General described under paragraph (4)(C) is 

15 referred to the Department of Justice or the Of16 fice of Special Counsel under paragraph (5)(A), 

17 the Chairperson of the Integrity Committee may 

18 conduct any related investigation referred to the 

19 Chairperson under paragraph (5)(B) concur20 rently with the Department of Justice or the Of21 fice of Special Counsel, as applicable. 

22 ‘‘(E) REPORTS.— 

23 ‘‘(i) INTEGRITY COMMITTEE INVES24 TIGATIONS.—For each investigation of an 

25 allegation of wrongdoing referred to the 


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1 Chairperson of the Integrity Committee 

2 under paragraph (5)(B), the Chairperson of 

3 the Integrity Committee shall submit to 

4 members of the Integrity Committee and to 

5 the Chairperson of the Council a report con6 taining the results of the investigation. 

7 ‘‘(ii) OTHER INVESTIGATIONS.—For 

8 each allegation of wrongdoing referred to 

9 the Department of Justice or the Office of 

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

11 the Attorney General or the Special Coun12 sel, as applicable, shall submit to the Integ13 rity Committee a report containing the re14 sults of the investigation. 

15 ‘‘(iii) AVAILABILITY TO CONGRESS.— 

16 Any Member of Congress shall have access 

17 to any report authored by the Integrity 

18 Committee.’’; 

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

20 inserting the following: 

21 ‘‘(iii) submit the report, with the rec22 ommendations of the Integrity Committee, 

23 to the Committee on Homeland Security 

24 and Governmental Affairs of the Senate, the 

25 Committee on Oversight and Government 


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1 Reform of the House of Representatives, and 

2 other congressional committees of jurisdic3 tion; and 

4 ‘‘(iv) following the submission of the 

5 report under clause (iii) and upon request 

6 by any Member of Congress, submit the re7 port, with the recommendations of the In8 tegrity Committee, to that Member.’’; 

9 (F) in paragraph (9)(B), by striking ‘‘other 

10 agencies’’ and inserting ‘‘the Department of Jus11 tice or the Office of Special Counsel’’; 

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

13 the following’’ and all that follows through the 

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

15 Congress.’’; and 

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

17 ‘‘(12) ALLEGATIONS OF WRONGDOING AGAINST

18 SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL.— 

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

20 paragraph, the term ‘Special Counsel’ means the 

21 Special Counsel appointed under section 1211(b) 

22 of title 5, United States Code. 

23 ‘‘(B) AUTHORITY OF INTEGRITY COM24 MITTEE.— 


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1 ‘‘(i) IN GENERAL.—An allegation of 

2 wrongdoing against the Special Counsel or 

3 the Deputy Special Counsel may be re4 ceived, reviewed, and referred for investiga5 tion to the same extent and in the same 

6 manner as in the case of an allegation 

7 against an Inspector General or against a 

8 staff member of an Office of Inspector Gen9 eral described under paragraph (4)(C), sub10 ject to the requirement that the representa11 tive designated by the Special Counsel 

12 under paragraph (5)(A)(ii) shall recuse 

13 himself or herself from the consideration of 

14 any allegation brought under this para15 graph. 

16 ‘‘(ii) COORDINATION WITH EXISTING

17 PROVISIONS OF LAW.—This paragraph shall 

18 not eliminate access to the Merit Systems 

19 Protection Board for review under section 

20 7701 of title 5, United States Code. To the 

21 extent that an allegation brought under this 

22 paragraph involves section 2302(b)(8) of 

23 such title, a failure to obtain corrective ac24 tion within 120 days after the date on 

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1 tegrity Committee shall, for purposes of sec2 tion 1221 of such title, be considered to sat3 isfy section 1214(a)(3)(B) of such title. 

4 ‘‘(C) REGULATIONS.—The Integrity Com5 mittee may prescribe any rules or regulations 

6 necessary to carry out this paragraph, subject to 

7 such consultation or other requirements as may 

8 otherwise apply. 

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

10 of the Council shall maintain the records of the Integ11 rity Committee.’’; and 

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

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR COUN14 CIL.—For the purposes of carrying out this section, there 

15 are authorized to be appropriated into the revolving fund 

16 described in subsection (c)(3)(B), out of any money in the 

17 Treasury not otherwise appropriated, the following sums: 

18 ‘‘(1) $7,500,000 for fiscal year 2016. 

19 ‘‘(2) $7,800,000 for fiscal year 2017. 

20 ‘‘(3) $8,100,000 for fiscal year 2018. 

21 ‘‘(4) $8,500,000 for fiscal year 2019. 

22 ‘‘(5) $8,900,000 for fiscal year 2020. 

23 ‘‘(6) $9,300,000 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 of the 

4 United States shall— 

5 (1) conduct a study of prolonged vacancies in the 

6 Offices of Inspector General during which a tem7 porary appointee has served as the head of the office 

8 that includes— 

9 (A) the number and duration of Inspector 

10 General vacancies; 

11 (B) an examination of the extent to which 

12 the number and duration of such vacancies has 

13 changed over time; 

14 (C) an evaluation of the impact such vacan15 cies have had on the ability of the relevant Office 

16 of Inspector General to effectively carry out stat17 utory requirements; and 

18 (D) recommendations to minimize the dura19 tion of such vacancies; 

20 (2) not later than 9 months after the date of en21 actment of this Act, present a briefing on the findings 

22 of the study conducted under paragraph (1) 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 Representatives; 

3 and 

4 (3) not later than 15 months after the date of en5 actment of this Act, submit a report on the findings 

6 of the study conducted under paragraph (1) to the 

7 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 in12 volve the jurisdiction of more than 1 individual Fed13 eral agency or entity to identify— 

14 (A) each such issue that could be better ad15 dressed through greater coordination among, and 

16 cooperation between, individual Offices of In17 spector General; 

18 (B) the best practices that can be employed 

19 by the Offices of Inspector General to increase co20 ordination and cooperation on each issue identi21 fied; 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 enact2 ment of this Act, submit a report on the findings of 

3 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 Representatives. 

8 (c) ADDITIONAL INFORMATION.— 

9 (1) IN GENERAL.—On a semiannual basis to co10 incide with the preparation of the semiannual report 

11 required under section 5 of the Inspector General Act 

12 of 1978 (5 U.S.C. App.), the Office of Inspector Gen13 eral (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 Sen16 ate and the House of Representatives, the Committee 

17 on Homeland Security and Governmental Affairs of 

18 the Senate, and the Committee on Oversight and Gov19 ernment Reform of the House of Representatives— 

20 (A) a report on each investigation con21 ducted by the Office involving employees of the 

22 Federal agency or department, as applicable, re23 ceiving pay at the rate specified for GS-15 level 

24 or above of the General Schedule under section 

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1 conduct was found but no prosecution resulted, 

2 including— 

3 (i) a detailed description of the facts 

4 and circumstances of the investigation; and 

5 (ii) a detailed description of the status 

6 and disposition of the matter, including— 

7 (I) if the matter was referred to 

8 the Department of Justice, the date of 

9 the referral; and 

10 (II) if the Department of Justice 

11 declined the referral, the date of the 

12 declination and an explanation of the 

13 reasons for the declination; 

14 (B) reports authored by the Office that are 

15 not available to the public; 

16 (C) a detailed description of any instance of 

17 whistleblower retaliation, including information 

18 about the official found to have engaged in retal19 iation and what, if any, consequences the Fed20 eral agency or department imposed to hold that 

21 official accountable, provided that the Office ob22 tains whistleblower consent before revealing the 

23 whistleblower’s personally identifiable informa24 tion to Congress; 


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1 (D) a detailed description of any attempt 

2 by the Federal agency or department, as applica3 ble, to interfere with the independence of the Of4 fice, including— 

5 (i) with communication between the 

6 Office and Congress; and 

7 (ii) with budget constraints designed to 

8 limit the capabilities of the Office; 

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 agency 

19 or department, as applicable, has resisted or 

20 objected to oversight activities of the Office 

21 or restricted or significantly delayed access 

22 to information, including the justification 

23 of the Federal agency or department for 

24 such action; and 


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1 (F) a narrative description of any audit, 

2 evaluation, and inspection provided by the Office 

3 to the Federal agency or department, as applica4 ble, for comment that was not returned within 

5 60 days. 

6 (2) AVAILABILITY TO MEMBERS OF CONGRESS.— 

7 The information described in paragraph (1) shall be 

8 available upon request by any Member of Congress. 

9 (d) DUTY TO SUBMIT AND MAKE AVAILABLE TO THE

10 PUBLIC CERTAIN WORK PRODUCTS.—Section 4 of the In11 spector General Act of 1978 (5 U.S.C. App.) is amended 

12 by adding at the end the following: 

13 ‘‘(e)(1) Whenever an Inspector General, in carrying 

14 out the duties and responsibilities established under this 

15 Act, issues a work product that makes a recommendation 

16 or otherwise suggests corrective action, the Inspector Gen17 eral shall— 

18 ‘‘(A) submit the work product to— 

19 ‘‘(i) the head of the establishment; 

20 ‘‘(ii) the Committee on Homeland Security 

21 and Governmental Affairs and the Committee on 

22 Appropriations of the Senate; 

23 ‘‘(iii) the Committee on Oversight and Gov24 ernment Reform and the Committee on Appro25 priations of the House of Representatives; 


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1 ‘‘(iv) the congressional committees of juris2 diction; 

3 ‘‘(v) if the work product was initiated upon 

4 request by an individual or entity other than the 

5 Inspector General, that individual or entity; and 

6 ‘‘(vi) any Member of Congress upon request; 

7 and 

8 ‘‘(B) not later than 3 days after the work prod9 uct is submitted in final form to the head of the estab10 lishment, post the work product on the website of the 

11 Office of Inspector General. 

12 ‘‘(2) Nothing in this subsection shall be construed to 

13 authorize the public disclosure of information that is spe14 cifically prohibited from disclosure by any other provision 

15 of law.’’. 

16 (e) POSTING OF REPORTS ON WEBSITES OF OFFICES

17 OF INSPECTORS GENERAL.—Section 8M(b) of the Inspector 

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

19 (1) in paragraph (1)(A), by striking ‘‘is made 

20 publicly available’’ and inserting ‘‘is submitted in 

21 final form to the head of the Federal agency or the 

22 head of the designated Federal entity, as applicable’’; 

23 and 

24 (2) by adding at the end the following: 


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1 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection shall be construed to authorize the public 

3 disclosure of information that is prohibited from dis4 closure by any other provision of law.’’. 

5 SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. 

6 (a) REPEALS.— 

7 (1) INSPECTOR GENERAL ACT OF 2008.—Section 

8 7(b) of the Inspector General Reform Act of 2008 

9 (Public Law 110–409; 122 Stat. 4312; 5 U.S.C. 1211 

10 note) is repealed. 

11 (2) FINANCIAL SERVICES AND GENERAL GOVERN12 MENT APPROPRIATIONS ACT, 2009.—Section 744 of the 

13 Financial Services and General Government Appro14 priations Act, 2009 (division D of Public Law 111– 

15 8; 123 Stat. 693) is repealed. 

16 (b) AGENCY APPLICABILITY.— 

17 (1) AMENDMENTS.—The Inspector General Act of 

18 1978 (5 U.S.C. App.), as amended by this Act, is fur19 ther amended— 

20 (A) in section 8M— 

21 (i) in subsection (a)(1)— 

22 (I) by striking ‘‘Each agency’’ 

23 and inserting ‘‘Each Federal agency 

24 and designated Federal entity’’; and 


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1 (II) by striking ‘‘that agency’’ 

2 each place that term appears and in3 serting ‘‘that Federal agency or des4 ignated Federal entity’’; 

5 (ii) in subsection (b)— 

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

7 ‘‘agency’’ and inserting ‘‘Federal agen8 cy and designated Federal entity’’; and 

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

10 ‘‘agency’’ each place that term appears 

11 and inserting ‘‘Federal agency and 

12 designated Federal entity’’; and 

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

15 ‘‘(c) DEFINITIONS.—In this section, the terms ‘des16 ignated Federal entity’ and ‘head of the designated Federal 

17 entity’ have the meanings given those terms in section 

18 8G(a).’’; and 

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

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

21 branch’’ and inserting ‘‘Federal agency or des22 ignated Federal entity (as defined in section 

23 8G(a))’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

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

3 180 days after the date of enactment of this Act. 

4 (c) REQUIREMENTS FOR INSPECTORS GENERAL

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

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

7 amended— 

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

9 audit (or portion of any report or audit)’’ and insert10 ing ‘‘audit report, inspection report, or evaluation re11 port (or portion of any such report)’’; and 

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

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

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

15 (d) CORRECTIONS.— 

16 (1) EXECUTIVE ORDER NUMBER.—Section 

17 7(c)(2) of the Inspector General Reform Act of 2008 

18 (Public Law 110–409; 122 Stat. 4313; 31 U.S.C. 501 

19 note) is amended by striking ‘‘12933’’ and inserting 

20 ‘‘12993’’. 

21 (2) PUNCTUATION AND CROSS-REFERENCES.— 

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

23 as amended by this Act, is further amended— 

24 (A) in section 4(b)(2)— 


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

2 that term appears and inserting 

3 ‘‘8G(a)(2)’’; and 

4 (ii) by striking ‘‘8F(a)(1)’’ and insert5 ing ‘‘8G(a)(1)’’; 

6 (B) in section 5(a)(13), by striking ‘‘05(b)’’ 

7 and inserting ‘‘804(b)’’; 

8 (C) in section 6(a)(4), by striking ‘‘infor9 mation, as well as any tangible thing)’’ and in10 serting ‘‘information), as well as any tangible 

11 thing’’; and 

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

13 and inserting ‘‘8D’’. 

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

15 1978 (5 U.S.C. App.), as amended by this Act, is fur16 ther amended— 

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

18 and inserting ‘‘subpoena’’; 

19 (B) in section 6(a)(4), by striking ‘‘sub20 penas’’ and inserting ‘‘subpoenas’’; 

21 (C) in section 8D(a)— 

22 (i) in paragraph (1), by striking ‘‘sub23 penas’’ and inserting ‘‘subpoenas’’; and 


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

2 ‘‘subpena’’ each place that term appears 

3 and inserting ‘‘subpoena’’; 

4 (D) in section 8E(a)— 

5 (i) in paragraph (1), by striking ‘‘sub6 penas’’ and inserting ‘‘subpoenas’’; and 

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

8 ‘‘subpena’’ each place that term appears 

9 and inserting ‘‘subpoena’’; and 

10 (E) in section 8G(d)(1), by striking ‘‘sub11 pena’’ and inserting ‘‘subpoena’’. 


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Calendar No. 68 

114TH CONGRESS 

1ST SESSION S. 579 

[Report No. 114–36] 

A BILL 

To amend the Inspector General Act of 1978 to 

General, and for other purposes. strengthen the independence of the Inspectors 

MAY 5, 2015 

Reported with an amendment 


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