IB 
Union Calendar No. 363 
111TH CONGRESS 
2D SESSION 
H. R. 5815 
[Report No. 111–623] 
To amend the Inspector General Act of 1978 to provide authority for Inspec-
tors General to subpoena the attendance and testimony of witnesses, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2010 
Mr. TOWNS (for himself and Mr. ISSA) introduced the following bill; which 
was referred to the Committee on Oversight and Government Reform 
SEPTEMBER 23, 2010 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Omit the part struck through and insert the part printed in italic] 
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A BILL 
To amend the Inspector General Act of 1978 to provide 
authority for Inspectors General to subpoena the attend-
ance and testimony of witnesses, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Inspector General Au-
thority Improvement Act of 2010’’. 
SEC. 2. SUBPOENA AUTHORITY FOR INSPECTORS GENERAL 
TO REQUIRE TESTIMONY OF CERTAIN PER-
SONS. 
Section 6 of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended— 
(1) in subsection (a)— 
(A) at the end of paragraph (8), by strik-
ing ‘‘and’’; 
(B) at the end of paragraph (9), by strik-
ing the period and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(10) to require by subpoena the attendance 
and testimony of witnesses necessary in the perform-
ance of the functions assigned to the Inspector Gen-
eral by this Act, except as provided for and subject 
to the provisions in subsection (g).’’; and 
(2) by adding at the end the following new sub-
section: 
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‘‘(g)(1) An Inspector General shall use procedures 
other than subpoenas to obtain attendance and testimony 
from Federal employees. 
‘‘(2)(A) A subpoena issued under subsection (a)(10) 
shall provide reasonable notice to the individual whose tes-
timony is sought and shall state the name of the individual 
and the place of taking the testimony. 
‘‘(B) Except as provided in subparagraph (C), a sub-
poena issued under subsection (a)(10), in the case of con-
tumacy or refusal to obey, shall be enforceable in the 
United States District Court in the district where the indi-
vidual whose testimony is sought by subpoena resides or 
in the district of the individual’s place of employment. 
‘‘(C) A proceeding to enforce a subpoena may be 
brought in the United States District Court for the Dis-
trict of Columbia if the individual whose testimony is 
sought by the subpoena resides within 25 miles of the Dis-
trict of Columbia and if the complaint seeking enforce-
ment alleges that a significant portion of the matters that 
are expected to be the subject of the investigation, audit, 
inspection, evaluation, or review occurred in the District 
of Columbia. 
‘‘(D) The Attorney General shall represent an Office 
of Inspector General in the enforcement of a subpoena 
under this subsection. 
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‘‘(3)(A) An Inspector General may not issue a sub-
poena under subsection (a)(10) if the subpoena is being 
issued in connection with a matter in which the Inspector 
General has reasonable grounds to believe there has been 
a violation of Federal criminal law or section 3729 of title 
31, United States Code, unless the Inspector General noti-
fies the Attorney General of the intention of the Inspector 
General to issue the subpoena, including the name of the 
individual whose testimony is sought and the nature of 
the testimony sought, at least 15 days before issuing the 
subpoena. 
‘‘(B) The Inspector General may not issue the sub-
poena if the Attorney General informs the Inspector Gen-
eral, within 14 days after receipt of the notification under 
subparagraph (A), that the Attorney General objects to 
the issuance of the subpoena on one or more of the 
grounds listed in clauses (i) through (iii) of subparagraph 
(C). 
‘‘(C) If the Attorney General objects to the issuance 
of the subpoena as described in subparagraph (B) and the 
Inspector General does not agree with the objection of the 
Attorney General, the Attorney General shall, within 30 
days after receipt of the notification under subparagraph 
(A), submit an explanation to the Inspector General that 
the taking of the testimony— 
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‘‘(i) is likely to endanger the national security 
of the United States; 
‘‘(ii) is likely to interfere with any Federal or 
State criminal investigation or prosecution; or 
‘‘(iii) is likely to interfere with any pending in-
vestigation under section 3729 of title 31, United 
States Code, or any civil litigation to which the 
United States is or is likely to be a party.’’. 
SEC. 3. INVESTIGATIONS, AUDITS, INSPECTIONS, EVALUA-
TIONS, AND REVIEWS CONDUCTED BY IN-
SPECTORS GENERAL. 
Section 3518(c) of title 44, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraph (3)’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) Notwithstanding paragraph (3), this subchapter 
shall not apply to the collection of information during the 
conduct of any investigation, audit, inspection, evaluation, 
or other review conducted by— 
‘‘(A) any Federal office of Inspector General, 
including— 
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‘‘(i) any office of Inspector General of any 
establishment, Federal entity, or designated 
Federal entity as those terms are defined under 
sections 12(2), 8G(a)(1), and 8G(a)(2) of the 
Inspector General Act of 1978 (5 U.S.C. App.), 
respectively; or 
‘‘(ii) any office of Special Inspector Gen-
eral established by statute; 
‘‘(B) the Council of the Inspectors General on 
Integrity and Efficiency established under section 11 
of the Inspector General Act of 1978 (5 U.S.C. 
App.); or 
‘‘(C) the Recovery Accountability and Trans-
parency Board established under section 1521 of di-
vision A of the American Recovery and Reinvest-
ment Act of 2009 (Public Law 111–5; 123 Stat. 
289).’’. 
SEC. 4. ENHANCED INSPECTORS GENERAL AUTHORITY FOR 
COMPUTER MATCHING. 
Section 6(a) of the Inspector General Act of 1978 
(5 U.S.C. App.), as amended by section 2, is further 
amended— 
(1) at the end of paragraph (9), by striking 
‘‘and’’; 
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(2) at the end of paragraph (10), by striking 
the period and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(11) notwithstanding subsections (o), (p), (q), 
(r), and (u) of section 552a of title 5, United States 
Code, to compare, through a matching program (as 
defined in such section), any Federal records with 
other Federal or non-Federal records while con-
ducting an audit, inspection, or investigation author-
ized under this Act to identify weaknesses that make 
a program vulnerable to fraud, waste, or abuse and 
to detect improper payments and fraud.’’. 
SEC. 5. REPORTS AND RESPONSES TO IDENTIFIED PROB-
LEMS, ABUSES, AND DEFICIENCIES. 
(a) ADDITIONAL REQUIREMENTS FOR THE INSPEC-
TOR GENERAL REPORT.—Section 5(b) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended— 
(1) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (4), (5), and (6), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) a description of any corrective action taken 
or proposed to be taken with respect to questioned 
costs, a recommendation that funds be put to better 
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use, significant problems, abuses, and deficiencies 
identified by the Inspector General; 
‘‘(3) any certification required under subsection 
(e)(2);’’. 
(b) CORRECTIVE ACTION.—Section 5 of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended— 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) CORRECTIVE ACTION BY THE HEAD OF THE ES-
TABLISHMENT.— 
‘‘(1) CORRECTIVE ACTION.—Except as provided 
in subsection (b), the head of the establishment shall 
take corrective action in response to any questioned 
costs, a recommendation that funds be put to better 
use, significant problems, abuses, or deficiencies 
identified by the Inspector General of such establish-
ment. 
‘‘(2) CERTIFICATION
TO
CONGRESS.—If the 
head of the establishment determines that no action 
is necessary or appropriate with respect to any ques-
tioned costs, a recommendation that funds be put to 
better use, significant problems, abuses, or defi-
ciencies identified by the Inspector General of such 
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establishment, such head shall submit a certification 
to Congress that no such action is necessary or ap-
propriate.’’. 
SEC. 5. REPORTS AND RESPONSES TO IDENTIFIED PROB-
LEMS, ABUSES, AND DEFICIENCIES. 
(a) ADDITIONAL REQUIREMENTS FOR THE INSPECTOR 
GENERAL REPORT.—Section 5(b) of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended— 
(1) by redesignating paragraphs (2), (3), and (4) 
as paragraphs (5), (6), and (7), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) a description of any corrective action taken 
or proposed to be taken with respect to questioned 
costs, a recommendation that funds be put to better 
use, or any significant problems, abuses, and defi-
ciencies identified by the Inspector General; 
‘‘(3) a description of any potential cost savings 
generated by any corrective action taken pursuant to 
subsection (e)(1); 
‘‘(4) any certification required under subsection 
(e)(2);’’. 
(b) CORRECTIVE ACTION.—Section 5 of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended— 
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(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the following 
new subsection: 
‘‘(e) CORRECTIVE ACTION BY THE HEAD OF THE ES-
TABLISHMENT.— 
‘‘(1) CORRECTIVE ACTION.—Except as provided 
in paragraph (2), the head of the establishment shall 
take corrective action in response to any questioned 
costs, a recommendation that funds be put to better 
use, or any significant problems, abuses, or defi-
ciencies identified by the Inspector General of such es-
tablishment. 
‘‘(2) CERTIFICATION TO CONGRESS.—If the head 
of the establishment determines that no action is nec-
essary or appropriate with respect to any questioned 
costs, a recommendation that funds be put to better 
use, or any significant problems, abuses, or defi-
ciencies identified by the Inspector General of such es-
tablishment, such head shall submit a certification to 
Congress that no such action is necessary or appro-
priate, with a detailed explanation why no such ac-
tion is necessary or appropriate.’’. 
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SEC. 6. CODIFICATION OF CERTAIN PROVISIONS OF THE 
INSPECTOR GENERAL REFORM ACT OF 2008 
AND OTHER TECHNICAL AMENDMENTS. 
(a) INSPECTORS GENERAL OF DESIGNATED FED-
ERAL ENTITIES.— 
(1) AMENDMENT TO THE INSPECTOR GENERAL 
ACT OF 1978.—Section 8G of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by adding 
at the end the following new subsection: 
‘‘(i) INSPECTORS GENERAL OF DESIGNATED FED-
ERAL ENTITIES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Inspector General of each des-
ignated Federal entity shall, for pay and all other 
purposes, be classified at a grade, level, or rank des-
ignation, as the case may be, at or above those of 
a majority of the senior level executives of that des-
ignated Federal entity (such as a General Counsel, 
Chief Information Officer, Chief Financial Officer, 
Chief Human Capital Officer, or Chief Acquisition 
Officer). The pay of an Inspector General of a des-
ignated Federal entity shall be not less than the av-
erage total compensation (including bonuses) of the 
senior level executives of that designated Federal en-
tity calculated on an annual basis. 
‘‘(2) LIMITATION ON ADJUSTMENT.— 
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‘‘(A) IN GENERAL.—In the case of an In-
spector General of a designated Federal entity 
whose pay is adjusted under paragraph (1), the 
total increase in pay in any fiscal year resulting 
from that adjustment may not exceed 25 per-
cent of the average total compensation (includ-
ing bonuses) of the Inspector General of that 
entity for the preceding 3 fiscal years. 
‘‘(B) SUNSET OF LIMITATION.—The limi-
tation under subparagraph (A) shall not apply 
to any adjustment made in fiscal year 2013 or 
each fiscal year thereafter.’’. 
(2) CONFORMING REPEAL.—Section 4(b) of the 
Inspector General Reform Act of 2008 (Public Law 
110–409; 122 Stat. 4304; 5 U.S.C. App. 3 note) is 
repealed. 
(b) PAY RETENTION.— 
(1) AMENDMENT TO THE INSPECTOR GENERAL 
ACT OF 1978.—The Inspector General Act of 1978 
(5 U.S.C. App.) is amended by adding after section 
8L the following new section: 
‘‘SEC. 8M. PAY RETENTION. 
‘‘(a) IN
GENERAL.—The provisions of section 
3392(c) of title 5, United States Code, other than the 
terms ‘performance awards’ and ‘awarding of ranks’ in 
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paragraph (1) of such section, shall apply to career ap-
pointees of the Senior Executive Service who are ap-
pointed to the position of Inspector General on or after 
October 14, 2008. 
‘‘(b) NONREDUCTION IN PAY.—Notwithstanding any 
other provision of law, career Federal employees serving 
on an appointment made pursuant to statutory authority 
found other than in section 3392 of title 5, United States 
Code, shall not suffer a reduction in pay, not including 
any bonus or performance award, as a result of being ap-
pointed to the position of Inspector General.’’. 
(2) CONFORMING REPEAL.—Section 4(c) of the 
Inspector General Reform Act of 2008 (Public Law 
110–409; 122 Stat. 4304; 5 U.S.C. App. 3 note) is 
repealed. 
(c) ALLEGATIONS OF WRONGDOING AGAINST SPE-
CIAL COUNSEL OR DEPUTY SPECIAL COUNSEL.— 
(1) AMENDMENT TO THE INSPECTOR GENERAL 
ACT OF 1978.—Section 11(d) of the Inspector Gen-
eral 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) DEFINITION.—In this paragraph, the 
term ‘Special Counsel’ refers to the Special 
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Counsel appointed under section 1211(b) of 
title 5, United States Code. 
‘‘(B) AUTHORITY
OF
INTEGRITY
COM-
MITTEE.— 
‘‘(i) IN GENERAL.—An allegation of 
wrongdoing against the Special Counsel or 
the Deputy Special Counsel may be re-
ceived, reviewed, and referred for investiga-
tion by the Integrity Committee to the 
same extent and in the same manner as in 
the case of an allegation against an Inspec-
tor 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 consider-
ation of any allegation brought under this 
subparagraph. 
‘‘(ii) COORDINATION WITH EXISTING 
PROVISIONS
OF
LAW.—This paragraph 
does not eliminate access to the Merit Sys-
tems Protection Board for review under 
section 7701 of title 5, United States 
Code. To the extent that an allegation 
brought under this paragraph involves sec-
tion 2302(b)(8) of that title, a failure to 
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obtain corrective action within 120 days 
after the date on which that allegation is 
received by the Integrity Committee shall, 
for purposes of section 1221 of such title, 
be 
considered 
to 
satisfy 
section 
1214(a)(3)(B) of that title. 
‘‘(C) REGULATIONS.—The Integrity Com-
mittee 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 REPEAL.—Section 7(b) of the 
Inspector General Reform Act of 2008 (Public Law 
110–409; 122 Stat. 4312; 5 U.S.C. 1211 note) is re-
pealed. 
(d) TECHNICAL AMENDMENTS.— 
(1) CORRECTION OF SPELLING.—The Inspector 
General Act of 1978 (5 U.S.C. App.) is amended— 
(A) in section 3(a), by striking ‘‘subpena’’ 
and inserting ‘‘subpoena’’; 
(B) in section 6(a)(4), by striking ‘‘sub-
pena’’ and ‘‘subpenas’’ and inserting ‘‘sub-
poena’’ and ‘‘subpoenas’’, respectively; 
(C) in section 8D(a)— 
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(i) in paragraph (1), by striking ‘‘sub-
penas’’ and inserting ‘‘subpoenas’’; and 
(ii) in paragraph (2), by striking 
‘‘subpena’’ and inserting ‘‘subpoena’’, each 
place it appears; 
(D) in section 8E(a)— 
(i) in paragraph (1), by striking ‘‘sub-
penas’’ and inserting ‘‘subpoenas’’; and 
(ii) in paragraph (2), by striking 
‘‘subpena’’ and inserting ‘‘subpoena’’ each 
place it appears; and 
(E) in section 8G(d), by striking ‘‘sub-
pena’’ and inserting ‘‘subpoena’’. 
(2) CORRECTION OF PUNCTUATION AND CROSS- 
REFERENCES.— 
(A) The Inspector General Act of 1978 (5 
U.S.C. App.) is amended— 
(i) in section 6(a)(4), by striking ‘‘in-
formation, as well as any tangible thing)’’ 
and inserting ‘‘information), as well as any 
tangible thing’’; and 
(ii) in section 8G(g)(3), by striking 
‘‘8C’’ and inserting ‘‘8D’’. 
(B) Section 7(c)(2) of the Inspector Gen-
eral Reform Act of 2008 (Public Law 110–409; 
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122 Stat. 4313; 31 U.S.C. 501 note) 5 U.S.C. 
App. 11 note) is amended by striking ‘‘12933’’ 
and inserting ‘‘12993’’. 
(3) CLARIFICATION OF REFERENCE TO AGEN-
CY.— 
(A) The Inspector General Act of 1978 (5 
U.S.C. App.) is amended— 
(i) in section 8L, by striking ‘‘agency’’ 
and inserting ‘‘Federal agency, establish-
ment, or designated Federal entity’’ each 
place it appears; and 
(ii) in section 11(c)(3)(A)(ii), by strik-
ing ‘‘department, agency, or entity of the 
executive branch’’ and inserting ‘‘Federal 
agency, establishment, or designated Fed-
eral entity’’. 
(B) Not later than 180 days after the date 
of enactment of this Act, the head of each Fed-
eral agency, establishment, and designated Fed-
eral entity and the Inspector General of each 
Federal agency, establishment, and designated 
Federal entity shall implement the amendments 
made by this paragraph. 
(4) OTHER AMENDMENTS.— 
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(A) Section 8L(b)(1) of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended— 
(i) by striking ‘‘report or audit (or 
portion of any report or audit)’’ and in-
serting ‘‘audit report, inspection report, or 
evaluation report (or portion of any such 
report)’’; and 
(ii) by striking ‘‘report or audit (or 
portion of that report or audit)’’ and in-
serting ‘‘report (or portion of that report)’’ 
each place it appears. 
(B) Section 744 of the Financial Services 
and General Government Appropriations Act, 
2009 (division D of Public Law 111–8; 123 
Stat. 693; 5 U.S.C. App. 8L note) is repealed. 
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Union Calendar No. 363 
111TH CONGRESS 
2D SESSION 
H. R. 5815 
[Report No. 111–623] 
A BILL 
To amend the Inspector General Act of 1978 to 
provide authority for Inspectors General to sub-
poena the attendance and testimony of witnesses, 
and for other purposes. 
SEPTEMBER 23, 2010 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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