[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6450 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 6450

_______________________________________________________________________

                                 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. Additional authority provisions for Inspectors General.
Sec. 3. Additional responsibilities of the Council of the Inspectors 
                            General on Integrity and Efficiency.
Sec. 4. Reports and additional information.
Sec. 5. Full and prompt access to all documents.
Sec. 6. Access to information for certain Inspectors General.
Sec. 7. Technical and conforming amendments.
Sec. 8. No additional funds authorized.

SEC. 2. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL.

    Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.), as 
amended by section 5 of this Act, is 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.
    ``(k) 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. 3. ADDITIONAL RESPONSIBILITIES OF 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--
            (1) in subsection (b)(3)(B), by amending clause (viii) to 
        read as follows:
                            ``(viii) prepare and transmit an annual 
                        report on behalf of the Council on the 
                        activities of the Council to--
                                    ``(I) the President;
                                    ``(II) the appropriate committees 
                                of jurisdiction of the Senate and the 
                                House of Representatives;
                                    ``(III) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate; and
                                    ``(IV) the Committee on Oversight 
                                and Government Reform of the House of 
                                Representatives.'';
            (2) in subsection (c)(1)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(H) except for matters coordinated among 
                Inspectors General under section 3033 of title 50, 
                United States Code, 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 Office of 
                Inspector General; and''; and
            (3) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) by striking subparagraph (C);
                            (ii) by redesignating subparagraphs (A), 
                        (B), and (D) as clauses (i), (ii), and (iii), 
                        respectively, and adjusting the margins 
                        accordingly;
                            (iii) in the matter preceding clause (i), 
                        as so redesignated, by striking ``The 
                        Integrity'' and inserting the following:
                    ``(A) In general.--The Integrity'';
                            (iv) in clause (i), as so redesignated, by 
                        striking ``, who'' and all that follows through 
                        ``the Committee'';
                            (v) in clause (iii), as so redesignated, by 
                        inserting ``or the designee of the Director'' 
                        before the period at the end; and
                            (vi) by adding at the end the following:
                    ``(B) Chairperson.--
                            ``(i) In general.--The Integrity Committee 
                        shall elect one of the Inspectors General 
                        referred to in subparagraph (A)(ii) to act as 
                        Chairperson of the Integrity Committee.
                            ``(ii) Term.--The term of office of the 
                        Chairperson of the Integrity Committee shall be 
                        2 years.'';
                    (B) by amending paragraph (5) to read as follows:
            ``(5) Review of allegations.--
                    ``(A) In general.--Not later than 7 days after the 
                date on which the Integrity Committee receives an 
                allegation of wrongdoing against an Inspector General 
                or against a staff member of an Office of Inspector 
                General described under paragraph (4)(C), the 
                allegation of wrongdoing shall be reviewed and referred 
                to the Department of Justice or the Office of Special 
                Counsel for investigation, or to the Integrity 
                Committee for review, as appropriate, by--
                            ``(i) a representative of the Department of 
                        Justice, as designated by the Attorney General;
                            ``(ii) a representative of the Office of 
                        Special Counsel, as designated by the Special 
                        Counsel; and
                            ``(iii) a representative of the Integrity 
                        Committee, as designated by the Chairperson of 
                        the Integrity Committee.
                    ``(B) Referral to the chairperson.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than 30 days after the 
                        date on which an allegation of wrongdoing is 
                        referred to the Integrity Committee under 
                        subparagraph (A), the Integrity Committee shall 
                        determine whether to refer the allegation of 
                        wrongdoing to the Chairperson of the Integrity 
                        Committee to initiate an investigation.
                            ``(ii) Extension.--The 30-day period 
                        described in clause (i) may be extended for an 
                        additional period of 30 days if the Integrity 
                        Committee provides written notice to the 
                        congressional committees described in paragraph 
                        (8)(A)(iii) that includes a detailed, case-
                        specific description of why the additional time 
                        is needed to evaluate the allegation of 
                        wrongdoing.'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (A), by striking 
                        ``paragraph (5)(C)'' and inserting ``paragraph 
                        (5)(B)''; and
                            (ii) in subparagraph (B)(i), by striking 
                        ``may provide resources'' and inserting ``shall 
                        provide assistance'';
                    (D) in paragraph (7)--
                            (i) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) in subclause (III), by 
                                        striking ``and'' at the end;
                                            (bb) in subclause (IV), by 
                                        striking the period at the end 
                                        and inserting a semicolon; and
                                            (cc) by adding at the end 
                                        the following:
                                    ``(V) except as provided in clause 
                                (ii), ensuring, to the extent possible, 
                                that investigations are conducted by 
                                Offices of Inspector General of similar 
                                size;
                                    ``(VI) creating a process for 
                                rotation of Inspectors General assigned 
                                to investigate allegations through the 
                                Integrity Committee; and
                                    ``(VII) creating procedures to 
                                avoid conflicts of interest for 
                                Integrity Committee investigations.'';
                                    (II) by redesignating clause (ii) 
                                as clause (iii); and
                                    (III) by inserting after clause (i) 
                                the following:
                            ``(ii) Exception.--The requirement under 
                        clause (i)(V) shall not apply to any Office of 
                        Inspector General with less than 50 employees 
                        who are authorized to conduct audits or 
                        investigations.'';
                            (ii) by striking subparagraph (C); and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) Completion of investigation.--If an 
                allegation of wrongdoing is referred to the Chairperson 
                of the Integrity Committee under paragraph (5)(B), the 
                Chairperson of the Integrity Committee--
                            ``(i) shall complete the investigation not 
                        later than 150 days after the date on which the 
                        Integrity Committee made the referral; and
                            ``(ii) if the investigation cannot be 
                        completed within the 150-day period described 
                        in clause (i), shall--
                                    ``(I) promptly notify the 
                                congressional committees described in 
                                paragraph (8)(A)(iii); and
                                    ``(II) brief the congressional 
                                committees described in paragraph 
                                (8)(A)(iii) every 30 days regarding the 
                                status of the investigation and the 
                                general reasons for delay until the 
                                investigation is complete.
                    ``(D) Concurrent investigation.--If an allegation 
                of wrongdoing against an Inspector General or a staff 
                member of an Office of Inspector General described 
                under paragraph (4)(C) is referred to the Department of 
                Justice or the Office of Special Counsel under 
                paragraph (5)(A), the Chairperson of the Integrity 
                Committee may conduct any related investigation 
                referred to the Chairperson under paragraph (5)(B) 
                concurrently with the Department of Justice or the 
                Office of Special Counsel, as applicable.
                    ``(E) Reports.--
                            ``(i) Integrity committee investigations.--
                        For each investigation of an allegation of 
                        wrongdoing referred to the Chairperson of the 
                        Integrity Committee under paragraph (5)(B), the 
                        Chairperson of the Integrity Committee shall 
                        submit to members of the Integrity Committee 
                        and to the Chairperson of the Council a report 
                        containing the results of the investigation.
                            ``(ii) Other investigations.--For each 
                        allegation of wrongdoing referred to the 
                        Department of Justice or the Office of Special 
                        Counsel under paragraph (5)(A), the Attorney 
                        General or the Special Counsel, as applicable, 
                        shall submit to the Integrity Committee a 
                        report containing the results of the 
                        investigation.
                            ``(iii) Availability to congress.--
                                    ``(I) In general.--The 
                                congressional committees described in 
                                paragraph (8)(A)(iii) shall have access 
                                to any report authored by the Integrity 
                                Committee.
                                    ``(II) Members of congress.--
                                Subject to any other provision of law 
                                that would otherwise prohibit 
                                disclosure of such information, the 
                                Integrity Committee may provide any 
                                report authored by the Integrity 
                                Committee to any Member of Congress.'';
                    (E) by striking paragraph (8)(A)(iii) and inserting 
                the following:
                            ``(iii) submit the report, with the 
                        recommendations of the Integrity Committee, to 
                        the Committee on Homeland Security and 
                        Governmental Affairs of the Senate, the 
                        Committee on Oversight and Government Reform of 
                        the House of Representatives, and other 
                        congressional committees of jurisdiction; and
                            ``(iv) following the submission of the 
                        report under clause (iii) and upon request by 
                        any Member of Congress, submit the report, with 
                        the recommendations of the Integrity Committee, 
                        to that Member.'';
                    (F) in paragraph (9)(B), by striking ``other 
                agencies'' and inserting ``the Department of Justice or 
                the Office of Special Counsel'';
                    (G) in paragraph (10), by striking ``any of the 
                following'' and all that follows through the period at 
                the end and inserting ``any Member of Congress.''; and
                    (H) by adding at the end the following:
            ``(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 to the 
                        same extent and in the same manner as in the 
                        case of an allegation against an Inspector 
                        General or against a staff member of an Office 
                        of Inspector General described under paragraph 
                        (4)(C), subject to the requirement that the 
                        representative designated by the Special 
                        Counsel under paragraph (5)(A)(ii) shall recuse 
                        himself or herself from the consideration of 
                        any allegation brought under this paragraph.
                            ``(ii) Coordination with existing 
                        provisions of law.--This paragraph shall 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 such title, a 
                        failure to obtain corrective action within 120 
                        days after the date on which the 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 
                        such 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 may otherwise apply.
            ``(13) Committee records.--The Chairperson of the Council 
        shall maintain the records of the Integrity Committee.''.

SEC. 4. REPORTS AND ADDITIONAL INFORMATION.

    (a) Report on Vacancies in the Offices of Inspector General.--The 
Comptroller General of the United States shall--
            (1) 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 Inspector 
                General to effectively carry out statutory 
                requirements; and
                    (D) recommendations to minimize the duration of 
                such vacancies;
            (2) not later than 9 months after the date of enactment of 
        this Act, present a briefing on the findings of the study 
        conducted under paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives; and
            (3) not later than 15 months after the date of enactment of 
        this Act, submit a report on the findings of the study 
        conducted under paragraph (1) to the committees described in 
        paragraph (2).
    (b) Report on Issues Involving Multiple Offices of Inspector 
General.--The Council of the Inspectors General on Integrity and 
Efficiency shall--
            (1) 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 the 
                Offices of Inspector General on critical issues; and
            (2) not later than 1 year after the date of enactment of 
        this Act, submit a report on the findings of the analysis 
        described in paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives.
    (c) Additional Information.--Section 5 of the Inspector General Act 
of 1978 (5 U.S.C. App) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (10)--
                            (i) by striking ``period for which'' and 
                        inserting ``period--
                    ``(A) for which''; and
                            (ii) by adding at the end the following:
                    ``(B) for which no establishment comment was 
                returned within 60 days of providing the report to the 
                establishment; and
                    ``(C) for which there are any outstanding 
                unimplemented recommendations, including the aggregate 
                potential cost savings of those recommendations.'';
                    (B) in paragraph (15), by striking ``and'' at the 
                end;
                    (C) in paragraph (16), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(17) statistical tables showing--
                    ``(A) the total number of investigative reports 
                issued during the reporting period;
                    ``(B) the total number of persons referred to the 
                Department of Justice for criminal prosecution during 
                the reporting period;
                    ``(C) the total number of persons referred to State 
                and local prosecuting authorities for criminal 
                prosecution during the reporting period; and
                    ``(D) the total number of indictments and criminal 
                informations during the reporting period that resulted 
                from any prior referral to prosecuting authorities;
            ``(18) a description of the metrics used for developing the 
        data for the statistical tables under paragraph (17);
            ``(19) a report on 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;
            ``(20) a detailed description of any instance of 
        whistleblower retaliation, including information about the 
        official found to have engaged in retaliation and what, if any, 
        consequences the establishment imposed to hold that official 
        accountable;
            ``(21) a detailed description of any attempt by the 
        establishment to interfere with the independence of the Office, 
        including--
                    ``(A) with budget constraints designed to limit the 
                capabilities of the Office; and
                    ``(B) incidents where the establishment has 
                resisted or objected to oversight activities of the 
                Office or restricted or significantly delayed access to 
                information, including the justification of the 
                establishment for such action; and
            ``(22) detailed descriptions 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 
                involving a senior Government employee that is closed 
                and was not disclosed to the public.'';
            (2) in subsection (e), by adding at the end the following:
    ``(4) Subject to any other provision of law that would otherwise 
prohibit disclosure of such information, the information described in 
paragraph (1) may be provided to any Member of Congress upon request.
    ``(5) An Office may not provide to Congress or the public any 
information that reveals the personally identifiable information of a 
whistleblower under this section unless the Office first obtains the 
consent of the whistleblower.''; and
            (3) 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.''.
    (d) Duty To Submit and Make Available to the Public Certain 
Recommendations.--Section 4 of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by adding at the end the following:
    ``(e)(1) In carrying out the duties and responsibilities 
established under this Act, whenever an Inspector General issues a 
recommendation for corrective action to the agency, the Inspector 
General--
            ``(A) shall submit the document making a recommendation for 
        corrective action to--
                    ``(i) the head of the establishment;
                    ``(ii) the congressional committees of 
                jurisdiction; and
                    ``(iii) if the recommendation for corrective action 
                was initiated upon request by an individual or entity 
                other than the Inspector General, that individual or 
                entity;
            ``(B) may submit the document making a recommendation for 
        corrective action to any Member of Congress upon request; and
            ``(C) not later than 3 days after the recommendation for 
        corrective action is submitted in final form to the head of the 
        establishment, post the document making a recommendation for 
        corrective action on the website of the Office of Inspector 
        General.
    ``(2) Nothing in this subsection shall be construed as authorizing 
an Inspector General to publicly disclose information otherwise 
prohibited from disclosure by law.''.
    (e) Posting of Reports on Websites of Offices of Inspectors 
General.--Section 8M(b) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in paragraph (1)(A), by striking ``is made publicly 
        available'' and inserting ``is submitted in final form to the 
        head of the Federal agency or the head of the designated 
        Federal entity, as applicable''; and
            (2) by adding at the end the following:
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed as authorizing an Inspector General to 
        publicly disclose information otherwise prohibited from 
        disclosure by law.''.

SEC. 5. FULL AND PROMPT ACCESS TO ALL DOCUMENTS.

    Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1)(A) to have timely access to all records, reports, 
        audits, reviews, documents, papers, recommendations, or other 
        materials available to the applicable establishment which 
        relate to the programs and operations with respect to which 
        that Inspector General has responsibilities under this Act;
            ``(B) to have access under subparagraph (A) notwithstanding 
        any other provision of law, except pursuant to any provision of 
        law enacted by Congress that expressly--
                    ``(i) refers to the Inspector General; and
                    ``(ii) limits the right of access of the Inspector 
                General; and
            ``(C) except as provided in subsection (i), with regard to 
        Federal grand jury materials protected from disclosure pursuant 
        to rule 6(e) of the Federal Rules of Criminal Procedure, to 
        have timely access to such information if the Attorney General 
        grants the request in accordance with subsection (h);'';
            (2) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Nothing in this section shall be construed as authorizing an 
Inspector General to publicly disclose information otherwise prohibited 
from disclosure by law.''; and
            (4) by inserting after subsection (g), as redesignated, the 
        following:
    ``(h)(1) 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) 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)(A) 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) 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) 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 Committee on Homeland Security and Governmental 
        Affairs, the Committee on the Judiciary, and the Select 
        Committee on Intelligence of the Senate.
            ``(B) The Committee on Oversight and Government Reform, the 
        Committee on the Judiciary, and the Permanent Select Committee 
        on Intelligence of the House of Representatives.
            ``(C) Other appropriate committees and subcommittees of 
        Congress.
    ``(i) Subsections (a)(1)(C) and (h) shall not apply to requests 
from the Inspector General of the Department of Justice.''.

SEC. 6. ACCESS TO INFORMATION FOR CERTAIN INSPECTORS GENERAL.

    The Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
this Act, is amended--
            (1) in section 8(b)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (2) in section 8D(a)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (3) in section 8E(a)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (4) in section 8G(d)(2)(A), by inserting ``, or from 
        accessing information available to an element of the 
        intelligence community specified in subparagraph (D),'' after 
        ``investigation'';
            (5) in section 8I(a)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (6) in section 8J, by striking ``or 8H'' and inserting 
        ``8H, or 8N''; and
            (7) by inserting after section 8M the following:

``SEC. 8N. ADDITIONAL PROVISIONS WITH RESPECT TO THE DEPARTMENT OF 
              ENERGY.

    ``(a) The Secretary of Energy may prohibit the Inspector General of 
the Department of Energy from accessing Restricted Data and nuclear 
safeguards information protected from disclosure under chapter 12 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) and intelligence 
or counterintelligence, as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003), if the Secretary of Energy 
determines that the prohibition is necessary to protect the national 
security or prevent the significant impairment to the national security 
interests of the United States.
    ``(b) Not later than 7 days after the date on which the Secretary 
of Energy exercises any power authorized under subsection (a), the 
Secretary shall notify the Inspector General of the Department of 
Energy in writing the reasons for such exercise. Within 30 days after 
receipt of any such notice, the Inspector General of the Department of 
Energy shall submit to the appropriate committees of Congress a 
statement concerning such exercise.''.

SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Repeals.--
            (1) Inspector general act of 2008.--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.
            (2) Financial services and general government 
        appropriations act, 2009.--Section 744 of the Financial 
        Services and General Government Appropriations Act, 2009 
        (division D of Public Law 111-8; 123 Stat. 693) is repealed.
    (b) Agency Applicability.--
            (1) Amendments.--The Inspector General Act of 1978 (5 
        U.S.C. App.), as amended by this Act, is further amended--
                    (A) in section 8M--
                            (i) in subsection (a)(1)--
                                    (I) by striking ``Each agency'' and 
                                inserting ``Each Federal agency and 
                                designated Federal entity''; and
                                    (II) by striking ``that agency'' 
                                each place that term appears and 
                                inserting ``that Federal agency or 
                                designated Federal entity'';
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), by striking 
                                ``agency'' and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and
                                    (II) in paragraph (2), by striking 
                                ``agency'' each place that term appears 
                                and inserting ``Federal agency and 
                                designated Federal entity''; and
                            (iii) by adding at the end the following:
    ``(c) Definitions.--In this section, the terms `designated Federal 
entity' and `head of the designated Federal entity' have the meanings 
given those terms in section 8G(a).''; 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 (as defined in section 8G(a))''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date that is 180 days after the date 
        of enactment of this Act.
    (c) Requirements for Inspectors General Websites.--Section 8M(b)(1) 
of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
this Act, is further 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)'' each place that term appears and inserting 
        ``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; 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 this Act, is 
        further amended--
                    (A) in section 4(b)(2)--
                            (i) by striking ``8F(a)(2)'' each place 
                        that term appears and inserting ``8G(a)(2)''; 
                        and
                            (ii) by striking ``8F(a)(1)'' and inserting 
                        ``8G(a)(1)'';
                    (B) in section 5(a)(5), by striking ``section 
                6(b)(2)'' and inserting ``section 6(c)(2)'';
                    (C) in section 5(a)(13), by striking ``05(b)'' and 
                inserting ``804(b)'';
                    (D) in section 6(a)(4), by striking ``information, 
                as well as any tangible thing)'' and inserting 
                ``information), as well as any tangible thing'';
                    (E) in section 8A(d), by striking ``section 6(c)'' 
                and inserting ``section 6(d)'';
                    (F) in section 8G(g)(3), by striking ``8C'' and 
                inserting ``8D''; and
                    (G) in section 11(d)(8)(A), in the matter preceding 
                clause (i), by striking ``paragraph (7)(C)'' and 
                inserting ``paragraph (7)(E)''.
            (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. 
        App.), as amended by this Act, is further amended--
                    (A) in section 3(a), by striking ``subpena'' and 
                inserting ``subpoena'';
                    (B) in section 6(a)(4), by striking ``subpenas'' 
                and inserting ``subpoenas'';
                    (C) in section 8D(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' each place that term appears and 
                        inserting ``subpoena'';
                    (D) in section 8E(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' each place that term appears and 
                        inserting ``subpoena''; and
                    (E) in section 8G(d)(1), by striking ``subpena'' 
                and inserting ``subpoena''.

SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED.

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

            Passed the House of Representatives December 8, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 6450

_______________________________________________________________________

                                 AN ACT

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