Short title

This Act may be cited as the

Inspector General Authority Improvement Act of 2010

Subpoena authority for Inspectors General to require testimony of certain persons

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 striking and; (B)at the end of paragraph (9), by striking 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 performance of the functions assigned to the Inspector General 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 subsection:

(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 testimony 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 subpoena issued under subsection (a)(10), in the case of contumacy or refusal to obey, shall be enforceable in the United States District Court in the district where the individual 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 District of Columbia if the individual whose testimony is sought by the subpoena resides within 25 miles of the District of Columbia and if the complaint seeking enforcement 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. (3)(A)An Inspector General may not issue a subpoena 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 notifies 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 subpoena if the Attorney General informs the Inspector General, 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— (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 investigation 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.

Investigations, audits, inspections, evaluations, and reviews conducted by Inspectors 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 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 investigation, audit, inspection, evaluation, or other review conducted by— (A)any Federal office of Inspector General, including— (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 General 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 Transparency Board established under section 1521 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 289).

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; (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 conducting an audit, inspection, or investigation authorized under this Act to identify weaknesses that make a program vulnerable to fraud, waste, or abuse and to detect improper payments and fraud.

Reports and responses to identified problems, 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 (4), (5), and (6), respectively; and (2)by inserting after paragraph (1) the following 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 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 following new subsection:

(e)

Corrective action by the head of the establishment

(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 establishment. (2)

Certification to Congress

If the head of the establishment determines that no action is necessary or appropriate with respect 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 establishment, such head shall submit a certification to Congress that no such action is necessary or appropriate.

Reports and responses to identified problems, 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 following 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 deficiencies 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

(e)

Corrective action by the head of the establishment

(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 deficiencies identified by the Inspector General of such establishment. (2)

Certification to Congress

If the head of the establishment determines that no action is necessary or appropriate with respect to any questioned costs, a recommendation that funds be put to better use, or any significant problems, abuses, or deficiencies identified by the Inspector General of such establishment, such head shall submit a certification to Congress that no such action is necessary or appropriate, with a detailed explanation why no such action is necessary or appropriate.

Codification of certain provisions of the Inspector General Reform Act of 2008 and other technical amendments

(a)

Inspectors General of Designated Federal 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 Federal Entities

(1)

In general

Notwithstanding any other provision of law, the Inspector General of each designated Federal entity shall, for pay and all other purposes, be classified at a grade, level, or rank designation, as the case may be, at or above those of a majority of the senior level executives of that designated 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 designated Federal entity shall be not less than the average total compensation (including bonuses) of the senior level executives of that designated Federal entity calculated on an annual basis. (2)

Limitation on adjustment

(A)

In general

In the case of an Inspector 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 percent of the average total compensation (including bonuses) of the Inspector General of that entity for the preceding 3 fiscal years. (B)

Sunset of limitation

The limitation 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:

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 paragraph (1) of such section, shall apply to career appointees of the Senior Executive Service who are appointed 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 appointed 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 Special Counsel or Deputy Special Counsel

(1)

Amendment to the Inspector General Act of 1978

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)

Definition

In this paragraph, the term Special Counsel refers to the Special Counsel appointed under section 1211(b) of title 5, United States Code. (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 subparagraph. (ii)

Coordination with existing provisions of law

This paragraph does not eliminate access to the Merit Systems Protection Board for review under section 7701 of title 5, United States Code. To the extent that an allegation brought under this paragraph involves section 2302(b)(8) of that title, a failure to 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 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 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 repealed. (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 subpena and subpenas and inserting subpoena and subpoenas, respectively; (C)in section 8D(a)— (i)in paragraph (1), by striking subpenas 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 subpenas 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 subpena 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 information, 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 General Reform Act of 2008 (Public Law 110–409; 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 agency

(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, establishment, or designated Federal entity each place it appears; and (ii)in section 11(c)(3)(A)(ii), by striking department, agency, or entity of the executive branch and inserting Federal agency, establishment, or designated Federal entity. (B)Not later than 180 days after the date of enactment of this Act, the head of each Federal agency, establishment, and designated Federal 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

(A)Section 8L(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (i)by striking report or audit (or portion of any report or audit) and inserting 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 inserting 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.