[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2395 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 2395

_______________________________________________________________________

                                 AN ACT


 
     To amend the Inspector General Act of 1978 to strengthen the 
    independence of the Inspectors General, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Inspector General 
Empowerment Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Full and prompt access to all documents.
Sec. 3. Additional authority provisions for Inspectors General.
Sec. 4. Additional responsibilities of the Council of the Inspectors 
                            General on Integrity and Efficiency.
Sec. 5. Amendments to the Inspector General Act of 1978 and the 
                            Inspector General Reform Act of 2008.
Sec. 6. Reports required.
Sec. 7. Public release of misconduct report.
Sec. 8. No additional funds authorized.

SEC. 2. FULL AND PROMPT ACCESS TO ALL DOCUMENTS.

    (a) Authority.--Section 6 of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended--
            (1) by amending subsection (a)(1) to read as follows:
            ``(1)(A) notwithstanding any other provision of law, except 
        any provision of law enacted by Congress that expressly refers 
        to an Inspector General and expressly limits the right of 
        access by that Inspector General, to have timely access to all 
        records, reports, audits, reviews, documents, papers, 
        recommendations, or other materials available to the applicable 
        establishment which relate to programs and operations with 
        respect to which that Inspector General has responsibilities 
        under this Act; and
            ``(B) except as provided in subsection (i), with regard to 
        Federal grand jury materials protected from disclosure pursuant 
        to Federal Rule of Criminal Procedure 6(e), to have timely 
        access to such information if the Attorney General grants the 
        request in accordance with subsection (g);''; and
            (2) by adding at the end the following new subsections:
    ``(g) Requirements Related to Request for Federal Grand Jury 
Materials.--
            ``(1) Transmission of request to attorney general.--If the 
        Inspector General of an establishment submits a request to the 
        head of the establishment for Federal grand jury materials 
        pursuant to subsection (a)(1), the head of the establishment 
        shall immediately notify the Attorney General of such request.
            ``(2) Attorney general determination.--Not later than 15 
        days after the date on which a request is submitted to the 
        Attorney General under paragraph (1), the Attorney General 
        shall determine whether to grant or deny the request for 
        Federal grand jury materials and shall immediately notify the 
        head of the establishment of such determination. The Attorney 
        General shall grant the request unless the Attorney General 
        determines that granting access to the Federal grand jury 
        materials would be likely to--
                    ``(A) interfere with an ongoing criminal 
                investigation or prosecution;
                    ``(B) interfere with an undercover operation;
                    ``(C) result in disclosure of the identity of a 
                confidential source, including a protected witness;
                    ``(D) pose a serious threat to national security; 
                or
                    ``(E) result in significant impairment of the trade 
                or economic interests of the United States.
            ``(3) Transmittal of determination to the inspector 
        general.--
                    ``(A) Notification of attorney general 
                determination.--The head of the establishment shall 
                inform the Inspector General of the establishment of 
                the determination made by the Attorney General with 
                respect to the request for Federal grand jury 
                materials.
                    ``(B) Comments by inspector general.--The Inspector 
                General of the establishment described under 
                subparagraph (A) may submit comments on the 
                determination submitted pursuant to such subparagraph 
                to the committees listed under paragraph (4) that the 
                Inspector General considers appropriate.
            ``(4) Submission of denials to congress by the attorney 
        general.--Not later than 30 days after notifying the head of an 
        establishment of a denial pursuant to paragraph (2), the 
        Attorney General shall submit a statement that the request for 
        Federal grand jury materials by the Inspector General was 
        denied and the reason for the denial to each of the following:
                    ``(A) The Committees on Homeland Security and 
                Governmental Affairs and the Judiciary of the Senate.
                    ``(B) The Committees on Oversight and Government 
                Reform and the Judiciary of the House of 
                Representatives.
                    ``(C) Other appropriate committees and 
                subcommittees of Congress.
    ``(h) Rule of Construction.--Nothing in this section may be 
construed as authorizing an Inspector General to publicly disclose 
information otherwise prohibited from disclosure by law.
    ``(i) Exception.--Subsections (a)(1)(B) and (g) shall not apply to 
requests from the Inspector General of the Department of Justice.''.
    (b) Special Provisions Concerning the Department of Justice.--
Section 8E(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        insert ``; and''; and
            (3) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) shall have access under section 6(a)(1)(A) to 
        information available to the Department of Justice under 
        Federal Rule of Criminal Procedure 6(e).''.

SEC. 3. 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:

``SEC. 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 (or in the case of an Inspector General or Special 
Inspector General not established under this Act, the provisions of the 
authorizing statute), is authorized to require by subpoena the 
attendance and testimony of witnesses as necessary in the performance 
of the functions assigned to the Inspector General by this Act (or in 
the case of an Inspector General or Special Inspector General not 
established under this Act, the functions assigned by the authorizing 
statute), in the case of contumacy or refusal to obey, shall be 
enforceable by order of any appropriate United States district court. 
An Inspector General may not require by subpoena the attendance and 
testimony of any current Federal employees, but may use other 
authorized procedures.
    ``(b) Nondelegation.--The authority to issue a subpoena under 
subsection (a) may not be delegated.
    ``(c) Panel Review Before Issuance.--
            ``(1) Approval required.--
                    ``(A) Request for approval by subpoena panel.--
                Before the issuance of a subpoena described in 
                subsection (a), an Inspector General shall submit a 
                request for approval to issue a subpoena to a panel (in 
                this section, referred to as the `Subpoena Panel'), 
                which shall be comprised of three Inspectors General of 
                the Council of the Inspectors General on Integrity and 
                Efficiency, who shall be designated by the Inspector 
                General serving as Chairperson of the Council.
                    ``(B) Protection from disclosure.--The information 
                contained in the request submitted by an Inspector 
                General under subparagraph (A) and the identification 
                of a witness shall be protected from disclosure to the 
                extent permitted by law. Any request for disclosure of 
                such information shall be submitted to the Inspector 
                General requesting the subpoena.
            ``(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.
    ``(d) Notice to Attorney General.--
            ``(1) In general.--If the Subpoena Panel approves a 
        subpoena under subsection (c), 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 10-day period described in paragraph (2), the Inspector 
        General may issue the subpoena.
    ``(e) Regulations.--The Chairperson of the Council of the 
Inspectors General on Integrity and Efficiency, in consultation with 
the Attorney General, shall prescribe regulations to carry out the 
purposes of this section.
    ``(f) Inspector General Defined.--For purposes of this section, the 
term `Inspector General' includes each Inspector General established 
under this Act and each Inspector General or Special Inspector General 
not established under this Act.
    ``(g) Applicability.--The provisions of this section shall not 
affect the exercise of authority by an Inspector General of testimonial 
subpoena authority established under another provision of law.'';
            (2) in section 5(a)--
                    (A) in paragraph (15), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (16), by striking the period at 
                the end and inserting ``; and''; 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.''; and
            (3) in section 8G(g)(1), by inserting ``6A,'' before ``and 
        7''.
    (b) Matching Program and Paperwork Reduction Act Exception for 
Inspectors General.--Section 6 of the Inspector General Act of 1978 (5 
U.S.C. App.), as amended by section 2(a), is further amended by adding 
at the end the following:
    ``(j)(1) In this subsection, the terms `agency', `matching 
program', `record', and `system of records' have the meanings given 
those terms in section 552a(a) of title 5, United States Code.
    ``(2) For purposes of section 552a of title 5, United States Code, 
or any other provision of law, a computerized comparison of two or more 
automated Federal systems of records, or a computerized comparison of a 
Federal system of records with other records or non-Federal records, 
performed by an Inspector General or by an agency in coordination with 
an Inspector General in conducting an audit, investigation, inspection, 
evaluation, or other review authorized under this Act shall not be 
considered a matching program.
    ``(3) Nothing in this subsection shall be construed to impede the 
exercise by an Inspector General of any matching program authority 
established under any other provision of law.
    ``(h) Subchapter I of chapter 35 of title 44, United States Code, 
shall not apply to the collection of information during the conduct of 
an audit, investigation, inspection, evaluation, or 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.''.

SEC. 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'' and 
        inserting a semicolon;
            (2) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (G) the following new 
        subparagraph:
                    ``(H) except for any investigation, inspection, 
                audit, or review conducted under section 103H of the 
                National Security Act of 1947 (50 U.S.C. 3033), 
                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'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; 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 provide 
        resources'' and inserting ``shall provide assistance''; and
            (3) in paragraph (7)--
                    (A) in subparagraph (B)(i)--
                            (i) in subclause (III), by striking ``; 
                        and'' and inserting a semicolon;
                            (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 6 months after the date on which the 
                        Integrity Committee made such determination;
                            ``(ii) if the investigation cannot be 
                        completed within such 6-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 6-month period; and
                            ``(iii) if the investigation cannot be 
                        completed within such 9-month period, shall 
                        brief the congressional committees listed in 
                        paragraph (8)(A)(iii) every 30 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 ``Office of the 
        Director of National Intelligence'' and inserting 
        ``Intelligence Community''; and
            (2) in subsection (d)(2)--
                    (A) in subparagraph (C), by inserting ``or the 
                designee of the Special Counsel'' before the period at 
                the end; and
                    (B) in subparagraph (D), by inserting ``or the 
                designee of the Director'' before the period at the 
                end.

SEC. 5. AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978 AND THE 
              INSPECTOR GENERAL REFORM ACT OF 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' means 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 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 
                        of title 5, United States Code. To the extent 
                        that an allegation brought under this 
                        subsection 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 amendment.--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.
    (b) Agency Applicability.--
            (1) Amendments.--The Inspector General Act of 1978 (5 
        U.S.C. App.), as amended by section 3(a), is further amended--
                    (A) in section 8M--
                            (i) in subsection (a)(1)--
                                    (I) by striking ``agency'' the 
                                first place it appears and inserting 
                                ``Federal agency and designated Federal 
                                entity''; and
                                    (II) by striking ``agency'' the 
                                second and third place it appears and 
                                inserting ``Federal agency or 
                                designated Federal entity''; and
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), by striking 
                                ``agency'' and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and
                                    (II) in paragraph (2)--
                                            (aa) in subparagraph (A), 
                                        by striking ``agency'' and 
                                        inserting ``Federal agency and 
                                        designated Federal entity''; 
                                        and
                                            (bb) in subparagraph (B), 
                                        by striking ``agency'' and 
                                        inserting ``Federal agency and 
                                        designated Federal entity''; 
                                        and
                    (B) in section 11(c)(3)(A)(ii), by striking 
                ``department, agency, or entity of the executive 
                branch'' and inserting ``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)'' and inserting ``audit report, 
        inspection report, or evaluation report (or portion of any such 
        report)''; and
            (2) by striking ``report or audit (or portion of that 
        report or audit)'' and inserting ``report (or portion of that 
        report)'', each place it appears.
    (d) Corrections.--
            (1) Executive order number.--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) is amended by striking 
        ``12933'' and inserting ``12993''.
            (2) Punctuation and cross-references.--The Inspector 
        General Act of 1978 (5 U.S.C. App.), as amended by section 3(a) 
        and subsection (b), is further amended--
                    (A) in section 4(b)(2)--
                            (i) by striking ``8F(a)(2)'' and inserting 
                        ``8G(a)(2)'', each place it appears; and
                            (ii) by striking ``8F(a)(1)'' and inserting 
                        ``8G(a)(1)'';
                    (B) in section 6(a)(4), by striking ``information, 
                as well as any tangible thing)'' and inserting 
                ``information), as well as any tangible thing'';
                    (C) in section 8G(g)(3), by striking ``8C'' and 
                inserting ``8D''; and
                    (D) in section 5(a)(13), by striking ``05(b)'' and 
                inserting ``804(b)''.
            (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. 
        App.), as amended by section 3(a), subsection (b), and 
        paragraph (2), is further 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''.
    (e) Repeal.--Section 744 of the Financial Services and General 
Government Appropriations Act, 2009 (division D of Public Law 111-8; 
123 Stat. 693) is repealed.

SEC. 6. 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 9 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 15 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 1 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.

SEC. 7. PUBLIC RELEASE OF MISCONDUCT REPORT.

    (a) Public Release by Inspectors General of Report of Misconduct.--
Section 4(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (3) by inserting at the end the following new paragraph:
            ``(6) to make publicly available a final report on any 
        administrative investigation that confirms misconduct, 
        including any violation of Federal law and any significant 
        violation of Federal agency policy, by any senior Government 
        employee (as such term is defined under section 5(f)), not 
        later than 60 days after issuance of the final report, ensuring 
        that information protected under section 552 of title 5, United 
        States Code (commonly known as the `Freedom of Information 
        Act'), section 552a of title 5, United States Code (commonly 
        known as the `Privacy Act of 1974'), and section 6103 of the 
        Internal Revenue Code of 1986 is not disclosed.''.
    (b) Reports of Misconduct in Semiannual Reports.--Section 5 of the 
Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 
2(a)(2), is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (16), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (17), by striking the period at 
                the end and inserting a semicolon;
                    (C) by inserting at the end the following new 
                paragraphs:
            ``(18) statistical tables showing--
                    ``(A) the total number of investigative reports 
                issued during that reporting period;
                    ``(B) the total number of persons referred to the 
                Department of Justice for criminal prosecution during 
                that reporting period;
                    ``(C) the total number of persons referred to State 
                and local prosecutive authorities for criminal 
                prosecution during that reporting period; and
                    ``(D) the total number of indictments and criminal 
                informations during that reporting period that have 
                resulted from any prior referral to prosecutive 
                authorities;
            ``(19) a description of the metrics used for developing the 
        data for the statistical tables under paragraph (18);
            ``(20) detailed descriptions of each investigation 
        conducted by the Office involving a senior Government employee 
        where allegations of misconduct were substantiated, including a 
        detailed description of--
                    ``(A) the facts and circumstances of the 
                investigation; and
                    ``(B) the status and disposition of the matter, 
                including--
                            ``(i) if the matter was referred to the 
                        Department of Justice, the date of the 
                        referral; and
                            ``(ii) if the Department of Justice 
                        declined the referral, the date of the 
                        declination; and
            ``(21) a list and summary of the particular circumstances 
        of each--
                    ``(A) inspection, evaluation, and audit conducted 
                by the Office that is closed and was not disclosed to 
                the public; and
                    ``(B) investigation conducted by the Office that is 
                closed and was not disclosed to the public involving a 
                senior Government employee.''; and
            (2) in subsection (f)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) the term `senior Government employee' means--
                    ``(A) an officer or employee in the executive 
                branch (including a special Government employee as 
                defined in section 202 of title 18, United States Code) 
                who occupies a position classified at or above GS-15 of 
                the General Schedule or, in the case of positions not 
                under the General Schedule, for which the rate of basic 
                pay is equal to or greater than 120 percent of the 
                minimum rate of basic pay payable for GS-15 of the 
                General Schedule; and
                    ``(B) any commissioned officer in the Armed Forces 
                in pay grades O-6 and above.''.

SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of 
this Act and the amendments made by this Act. Such requirements shall 
be carried out using amounts otherwise authorized.

            Passed the House of Representatives June 21, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 2395

_______________________________________________________________________

                                 AN ACT

     To amend the Inspector General Act of 1978 to strengthen the 
    independence of the Inspectors General, and for other purposes.