Inspector General Empowerment Act of 2016

Bill: 114-hr-2395
Sponsor: Rep. Chaffetz, Jason [R-UT-3]
Introduced: 2015-05-18 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Congressional oversight
Evidence and witnesses
Executive agency funding and structure
Federal officials
Government ethics and transparency, public corruption
Government information and archives
Government studies and investigations

Summary:
action_date: 2015-05-18
text: 

Inspector General Empowerment Act of 2015

 
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 contractors and former federal employees necessary in the performance of the functions assigned by such Act; (2) assign the Council of the Inspectors General on Integrity and Efficiency additional responsibilities for receiving, reviewing, and mediating any disputes involving the jurisdiction of more than one federal agency or entity; (3) set forth procedures for considering allegations of wrongdoing against the Special Counsel or Deputy Special Counsel (officials appointed to investigate prohibited personnel practices and government waste and abuse); and (4) require each Inspector General to make publicly available any administrative investigation that confirms misconduct by any member of the Senior Executive Service, an employee in an excepted position, or a commissioned officer in the Armed Forces in pay grades 0-6 and above and to include in semiannual reports a list and summary of any administrative investigation that confirms such misconduct.
 
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 Government Accountability Office to study and report on prolonged vacancies in the offices of Inspector General, and (2) the Council to conduct and report on an analysis of critical issues that involve the jurisdiction of more than one Office of Inspector General.

action_date: 2015-07-16
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

Inspector General Empowerment Act of 2015

 
This bill amends the Inspector General Act of 1978 to enhance the investigatory powers of Inspectors General.
 
(Sec. 2) This section grants Inspectors General subpoena authority to compel the attendance and testimony of certain witnesses, including federal contractors and former federal employees, in investigations of fraud or waste in excess of $100,000. However, if there is reasonable cause to believe a crime has been committed, the $100,000 threshold shall not apply. 
 
Prior to issuing a subpoena, an Inspector General must submit a request for approval of a subpoena to a Subpoena Panel comprised of three Inspectors General of the Council of the Inspectors General on Integrity and Efficiency and then notify the Department of Justice (DOJ) of intent to issue the subpoena. DOJ retains the power to approve or deny the issuance of a subpoena.
 
Inspectors General may compare, through a matching program, federal records with other federal or non-federal records, while conducting an audit or other review to identify weaknesses that may lead to waste, fraud, or abuse and to detect improper payments and fraud. This authority is not restricted by privacy protections in the Computer Matching and Privacy Protection Act of 1988. 
 
(Sec. 3) The Council of the Inspectors General on Integrity and Efficiency is charged with receiving, reviewing, and mediating any disputes involving the jurisdiction of more than one federal agency or entity. 
 
The Integrity Committee of the Council must make an expedited determination of whether to initiate an investigation of allegations of wrongdoing and must complete an investigation within six months after making such determination. 
 
(Sec. 4) This section exempts from Paperwork Reduction Act requirements: (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. 
 
(Sec. 5) The Integrity Committee is granted the authority to investigate an allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel (officials appointed to investigate prohibited personnel practices and government waste and abuse) on the same basis as an investigation of an allegation against an Inspector General. 
 
(Sec. 6) This section requires: (1) the Government Accountability Office to study and report on prolonged vacancies in the offices of Inspector General, and (2) the Council to conduct and report on an analysis of critical issues that involve the jurisdiction of more than one Office of Inspector General.
 
(Sec. 7) This section requires the public disclosure of any finding of misconduct, including any violation of federal law or agency policy, by any member of the Senior Executive Service, an employee excepted from the competitive service, or certain commissioned officers in the U.S. Army. 
 


action_date: 2016-06-21
text: 

Inspector General Empowerment Act of
 
2016

 
This bill amends the Inspector General Act of 1978 to expand the investigatory powers of federal inspectors general.
 
(Sec. 2) Inspectors general are authorized to request access to federal grand jury materials that are protected from disclosure under the Federal Rules of Criminal Procedure. An inspector general must submit such a request to the head of its establishment, who then must transmit the request to the Department of Justice (DOJ). 
 
DOJ must grant such a request unless access to the grand jury materials would: (1) interfere with an ongoing criminal investigation, prosecution, or undercover operation; (2) identify a confidential source or protected witness; (3) pose a serious threat to national security; or (4) significantly impair the trade or economic interests of the United States. If DOJ denies such a request, it must submit a statement to Congress explaining the reason for the denial. 
 
The DOJ Inspector General is exempt from these request procedures and shall automatically have access to information available to DOJ regarding grand jury materials. 
 
(Sec. 3) The bill grants inspectors general subpoena authority to compel the attendance and testimony of witnesses as necessary, but they may not require by subpoena the attendance and testimony of any current federal employees, though they may use other authorized procedures. 
 
Prior to issuing a subpoena, an inspector general must submit a request for approval of a subpoena to a Subpoena Panel comprised of three inspectors general of the Council of the Inspectors General on Integrity and Efficiency and then notify DOJ of intent to issue the subpoena. 
 
If the subpoena will interfere with an ongoing investigation, DOJ may object within 10 days after being notified of the Subpoena Panel's approval and the subpoena may not be issued. But if DOJ does not object within those 10 days, the inspector general may issue the subpoena. 
 
Inspectors general collecting information or performing computerized comparisons of automated federal records systems with other federal or nonfederal records while conducting an authorized audit, investigation, inspection, evaluation, or review are exempt from: (1) privacy protections that require agreements between agencies for the use of computerized matching programs to compare records under the Computer Matching and Privacy Protection Act of 1988, and (2) procedural requirements for information collections under the Paperwork Reduction Act.
 
(Sec. 4) The Council of the Inspectors General on Integrity and Efficiency is charged with receiving, reviewing, and mediating any disputes regarding inspector general activities involving the jurisdiction of more than one federal agency or entity, except with regard to the Inspector General of the Intelligence Community. 
 
The Integrity Committee of the Council must make an expedited determination of whether to initiate an investigation of allegations of wrongdoing and must complete an investigation within six months after making such determination. Agencies and entities represented on the committee must provide assistance at the chairperson's request. 
 
(Sec. 5) The Integrity Committee is granted the authority to investigate an allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel (officials appointed to investigate prohibited personnel practices and government waste and abuse) on the same basis as an investigation of an allegation against an inspector general. 
 
(Sec. 6) The bill requires: (1) the Government Accountability Office to study and report on prolonged vacancies in the offices of inspector general, and (2) the Council to conduct and report on an analysis of critical issues that involve the jurisdiction of more than one office of inspector general.
 
(Sec. 7) The bill requires the public disclosure of any finding of misconduct, including any violation of federal law or any significant violation of agency policy, by any senior government employee. Inspectors general must include in their semiannual reports: (1) statistical tables showing the total numbers of issued investigative reports, persons referred to DOJ for criminal prosecution, persons referred to state or local prosecutors, and indictments resulting from such referrals; and (2) descriptions of investigations involving senior government employees where allegations of misconduct were substantiated. 
 


Legislative actions:
action_date: 2016-06-22
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2016-06-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-06-21
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4002-4005)
action_date: 2016-06-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H4002-4005)
action_date: 2016-06-21
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 2395.
action_date: 2016-06-21
text: Considered under suspension of the rules. (consideration: CR H4002-4006)
action_date: 2016-06-21
text: Mr. Meadows moved to suspend the rules and pass the bill, as amended.
action_date: 2015-07-16
text: Placed on the Union Calendar, Calendar No. 158.
action_date: 2015-07-16
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-210.
action_date: 2015-07-16
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-210.
action_date: 2015-05-19
text: Ordered to be Reported by Voice Vote.
action_date: 2015-05-19
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-05-18
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2015-05-18
text: Introduced in House
action_date: 2015-05-18
text: Introduced in House