Inspector General Empowerment Act of 2014

To amend the Inspector General Act of 1978 to strengthen the independence of the Inspectors General, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Inspector General Empowerment Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Additional authority provisions for Inspectors General. Sec. 3. Clarification of resources available to the Council of the Inspectors General on Integrity and Efficiency. Sec. 4. Additional responsibilities of the Council of the Inspectors General on Integrity and Efficiency. Sec. 5. Paperwork Reduction Act exemption. Sec. 6. Amendments to the Inspector General Act of 1978 2008 Sec. 7. Reports required. 2. Additional authority provisions for Inspectors General (a) Subpoena authority for Inspectors General To require testimony of certain persons The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting after section 6 the following new section: 6A. Additional authority (a) Testimonial subpoena authority In addition to the authority otherwise provided by this Act and in accordance with the requirements of this section, each Inspector General, in carrying out the provisions of this Act, is authorized to require by subpoena the attendance and testimony of certain witnesses, including a contractor with the Federal Government and any former Federal employee (but not including any Federal employee), necessary in the performance of the functions assigned by this Act, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (b) Panel review before issuance (1) Approval required Before the issuance of a subpoena described in subsection (a), an Inspector General shall submit a request for approval to issue a subpoena by a majority of a panel (in this section, referred to as the Subpoena Panel (2) Time to respond (A) In general Except as provided in subparagraph (B), the Subpoena Panel shall approve or deny a request for approval to issue a subpoena not later than 10 days after the submission of such request. (B) Additional information for Panel If the Subpoena Panel determines that additional information is necessary to approve or deny such request, the Subpoena Panel shall request such information and shall approve or deny such request not later than 20 days after the submission of such request. (3) Denial by panel If a majority of the Subpoena Panel denies the approval of a subpoena, that subpoena may not be issued. (c) Notice to Attorney General (1) In general If the Subpoena Panel approves a subpoena under subsection (b), the Inspector General shall notify the Attorney General that the Inspector General intends to issue the subpoena. (2) Denial for interference with an ongoing investigation Not later than 10 days after the date on which the Attorney General is notified pursuant to paragraph (1), the Attorney General may object to the issuance of the subpoena because the subpoena will interfere with an ongoing investigation and the subpoena may not be issued. (3) Issuance of subpoena approved If the Attorney General does not object to the issuance of the subpoena during the ten-day period described in paragraph (2), the Inspector General may issue the subpoena. ; and (2) in section 5(a)— (A) in paragraph (15), by striking ; and (B) in paragraph (16), by striking the period at the end and inserting ; and (C) by inserting at the end the following new paragraph: (17) a description of the use of subpoenas for the attendance and testimony of certain witnesses authorized under section 6A. . (b) Matching program exception for inspectors general Section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (8), by striking ; and (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following new paragraph: (9) notwithstanding paragraph (12) of subsection (e) and subsections (o), (p), (q), (r), and (u) of section 552a . 3. Clarification of resources available to the Council of the Inspectors General on Integrity and Efficiency Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subsection: (e) Authorization of Appropriations for Council For the purposes of carrying out this section, there are authorized to be appropriated into the revolving fund described in subsection (c)(3)(B), out of any money in the Treasury not otherwise appropriated, the following sums: (1) $8,000,000 for fiscal year 2015. (2) $8,500,000 for fiscal year 2016. (3) $9,000,000 for fiscal year 2017. (4) $9,500,000 for fiscal year 2018. (5) $10,000,000 for fiscal year 2019. (6) $10,500,000 for fiscal year 2020. (7) $11,000,000 for fiscal year 2021. . 4. Additional responsibilities of the Council of the Inspectors General on Integrity and Efficiency (a) Functions and duties of Council Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subparagraph (G), by striking ; and (2) by redesignating subparagraph (H) as subparagraph (I); and (3) by inserting after subparagraph (G) the following new subparagraph: (H) receive, review, and mediate any disputes submitted in writing to the Council by an Office of Inspector General regarding an audit, investigation, inspection, evaluation, or project that involves the jurisdiction of more than one Federal agency or entity; and . (b) Integrity Committee Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (5)— (A) in subparagraph (B), by striking ; and (B) in subparagraph (C), by striking the period at the end and inserting ; and (C) by inserting at the end the following new subparagraph: (D) not later than 60 days after the date on which an allegation of wrongdoing is received by the Integrity Committee, make a determination whether the Integrity Committee will initiate an investigation of such allegation under this subsection. ; (2) in paragraph (6)(B)(i), by striking may shall (3) in paragraph (7)— (A) in subparagraph (B)(i)— (i) in subclause (III), by striking ; and (ii) in subclause (IV), by striking the period at the end and inserting a semicolon; and (iii) by inserting at the end the following new subclauses: (V) creating a regular rotation of Inspectors General assigned to investigate complaints through the Integrity Committee; and (VI) creating procedures to avoid conflicts of interest for Integrity Committee investigations. ; (B) by redesignating subparagraph (C) as subparagraph (E); and (C) by inserting after subparagraph (B) the following new subparagraphs: (C) Completion of investigation If a determination is made under paragraph (5) to initiate an investigation, the Integrity Committee— (i) shall complete the investigation not later than six months after the date on which the Integrity Committee made such determination; (ii) if the investigation cannot be completed within such six-month period, shall— (I) promptly notify the congressional committees listed in paragraph (8)(A)(iii); and (II) to the maximum extent practicable, complete the investigation not later than 3 months after the expiration of the six-month period; and (iii) if the investigation cannot be completed within such nine-month period, shall brief the congressional committees listed in paragraph (8)(A)(iii) every thirty days until the investigation is complete. (D) Concurrent investigation If an investigation of an allegation of wrongdoing against an Inspector General or a staff member of an Office of Inspector General described under paragraph (4)(C) is initiated by a governmental entity other than the Integrity Committee, the Integrity Committee may conduct any related investigation for which a determination to initiate an investigation was made under paragraph (5) concurrently with the other government entity. . (c) Technical correction; designee authority Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (b)(1)(B) by striking Director of National Intelligence Intelligence Community (2) in subsection (d)(2)— (A) in subparagraph (C), by inserting or the designee of the Special Counsel (B) in subparagraph (D), by inserting or the designee of the Director 5. Paperwork Reduction Act exemption Section 3518(c) (1) in paragraph (1), by striking paragraph (2) paragraph (3) (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: (2) Notwithstanding paragraph (3), this subchapter shall not apply to the collection of information during the conduct of any evaluation, or other review conducted by the Recovery Accountability and Transparency Board, or during the conduct of any audit, investigation, inspection, evaluation, or any other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of Inspector General, including any Office of Special Inspector General. . 6. Amendments to the Inspector General Act of 1978 2008 (a) Incorporation of Provisions From the Inspector General Reform Act of 2008 into the Inspector General Act of 1978 (1) Amendment Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new paragraph: (12) Allegations of wrongdoing against special counsel or deputy special counsel (A) Special counsel defined In this paragraph, the term Special Counsel section 1211(b) (B) Authority of integrity committee (i) In general An allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph. (ii) Coordination with existing provisions of law This paragraph does not eliminate access to the Merit Systems Protection Board for review under section 7701 (C) Regulations The Integrity Committee may prescribe any rules or regulations necessary to carry out this paragraph, subject to such consultation or other requirements as might otherwise apply. . (2) Conforming amendment Section 7(b) of the Inspector General Reform Act of 2008 ( Public Law 110–409 (b) Agency Applicability (1) Amendments The Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 2(a), is further amended— (A) in section 8M— (i) in subsection (a)(1)— (I) by striking the first agency Federal agency and designated Federal entity (II) by striking the second and third agency Federal agency or designated Federal entity (ii) in subsection (b)— (I) in paragraph (1), by striking agency Federal agency and designated Federal entity (II) in paragraph (2)— (aa) in subparagraph (A), by striking agency Federal agency and designated Federal entity (bb) in subparagraph (B), by striking agency Federal agency and designated Federal entity (B) in section 11(c)(3)(A)(ii), by striking department, agency, or entity of the executive branch Federal agency or designated Federal entity (2) Implementation Not later than 180 days after the date of the enactment of this Act, the head and the Inspector General of each Federal agency and each designated Federal entity (as such terms are defined in sections 12 and 8G of the Inspector General Act of 1978 (5 U.S.C. App.), respectively) shall implement the amendments made by this subsection. (c) Requirements for Inspectors General Websites Section 8M(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subparagraph (A), by striking report or audit (or portion of any report or audit) audit report, inspection report, or evaluation report (or portion of any such report) (2) by striking report or audit (or portion of that report or audit) report (or portion of that report) (d) Corrections (1) Executive order number Section 7(c)(2) of the Inspector General Reform Act of 2008 ( Public Law 110–409 12933 12993 (2) Punctuation and cross-references The Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 2(a) and subsection (b), is further amended— (A) in section 4(b)(2)— (i) by striking 8F(a)(2) 8G(a)(2) (ii) by striking 8F(a)(1) 8G(a)(1) (B) in section 6(a)(4), by striking information, as well as any tangible thing) information), as well as any tangible thing (C) in section 8G(g)(3), by striking 8C 8D (D) in section 5(a)(13), by striking 05(b) 804(b) (3) Spelling The Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 2(a), subsection (b), and paragraph (2), is further amended— (A) in section 3(a), by striking subpena subpoena (B) in section 6(a)(4), by striking subpena subpenas subpoena subpoenas (C) in section 8D(a)— (i) in paragraph (1), by striking subpenas subpoenas (ii) in paragraph (2), by striking subpena subpoena (D) in section 8E(a)— (i) in paragraph (1), by striking subpenas subpoenas (ii) in paragraph (2), by striking subpena subpoena (E) in section 8G(d), by striking subpena subpoena (e) Repeal Section 744 of the Financial Services and General Government Appropriations Act, 2009 (division D of Public Law 111–8 5 U.S.C. App. 8L 7. Reports required (a) Report on vacancies in the offices of inspector general (1) GAO study required The Comptroller General shall conduct a study of prolonged vacancies in the Offices of Inspector General, during which a temporary appointee has served as the head of the office that includes— (A) the number and duration of Inspector General vacancies; (B) an examination of the extent to which the number and duration of such vacancies has changed over time; (C) an evaluation of the impact such vacancies have had on the ability of the relevant Office of the Inspector General to effectively carry out statutory requirements; and (D) recommendations to minimize the duration of such vacancies. (2) Committee briefing required Not later than nine months after the date of the enactment of this Act, the Comptroller General shall present a briefing on the findings of the study described in subsection (a) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) Report to Congress Not later than fifteen months after the date of the enactment of this Act, the Comptroller General shall submit a report on the findings of the study described in subsection (a) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (b) Report on issues involving multiple offices of inspector general (1) Examination required The Council of the Inspectors General on Integrity and Efficiency shall conduct an analysis of critical issues that involve the jurisdiction of more than one individual Federal agency or entity to identify— (A) each such issue that could be better addressed through greater coordination among, and cooperation between, individual Offices of Inspector General; (B) the best practices that can be employed by the Offices of Inspector General to increase coordination and cooperation on each issue identified; and (C) any recommended statutory changes that would facilitate coordination and cooperation among Offices of Inspector General on critical issues. (2) Report to Congress Not later than one year after the date of the enactment of this Act, the Council of the Inspectors General on Integrity and Efficiency shall submit a report on the findings of the analysis described in subsection (a) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

Summary: Inspector General Empowerment Act of 2014 - Amends the Inspector General Act of 1978 to: (1) grant inspectors general additional subpoena authority to compel the attendance and testimony of certain witnesses, including federal government contractors and former federal employees, necessary in the performance of functions assigned by such Act; (2) authorize appropriations for the Council of the Inspectors General on Integrity and Efficiency through FY2021; (3) assign the Council additional responsibilities with respect to disputes involving the jurisdiction of more than one federal agency or entity; and (4) set forth procedures for considering allegations of wrongdoing against the Special Counsel and Deputy Special Counsel (officials appointed to investigate prohibited personal practices and government waste and abuse). Exempts from requirements relating to the authority of federal agencies to collect information for investigations: (1) information collected during any evaluation by the Federal Accountability and Spending Transparency Board; and (2) information collected during any audit, investigation, inspection, evaluation, or other review conducted by the Council or any Office of the Inspector General, including any Office of Special Inspector General. Requires: (1) the Comptroller General (GAO) to study and report on prolonged vacancies in the Offices of the Inspector General, and (2) the Council to conduct and report on an analysis of critical issues that involve the jurisdiction of more than one individual federal agency or entity.