[Congressional Record Volume 162, Number 99 (Tuesday, June 21, 2016)]
[House]
[Pages H4002-H4006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INSPECTOR GENERAL EMPOWERMENT ACT OF 2016

  Mr. MEADOWS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2395) to amend the Inspector General Act of 1978 to 
strengthen the independence of the Inspectors General, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2395

       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.

[[Page H4003]]

       ``(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 ten-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 2 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

[[Page H4004]]

       (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 six 
     months after the date on which the Integrity Committee made 
     such determination;
       ``(ii) if the investigation cannot be completed within such 
     six-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 six-month period; and

       ``(iii) if the investigation cannot be completed within 
     such nine-month period, shall brief the congressional 
     committees listed in paragraph (8)(A)(iii) every thirty 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 nine 
     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 fifteen 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 one year after the 
     date of the enactment of this Act, the Council of the 
     Inspectors General on Integrity and Efficiency shall submit

[[Page H4005]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Meadows) and the gentlewoman from Michigan (Mrs. 
Lawrence) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.


                             General Leave

  Mr. MEADOWS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 2395, the Inspector General 
Empowerment Act.
  Indeed, the inspectors general play a key role in improving our 
government's efficiency. They conduct investigations and audits to 
prevent and detect waste, fraud, and mismanagement in their agencies' 
programs. The IGs help Congress to shape legislation and to target our 
oversight and investigative activities.
  The IGs have proven to be one of Congress' best investments. In the 
last fiscal year, the IG community used their $2.6 billion budget to 
identify potential cost savings to the taxpayers, totaling $46.5 
billion. That means that for every dollar in the total IG's budget, 
they identified approximately $18 in savings.
  In light of this return on investment, we want the IGs to have every 
access to the records that they need to do their jobs. But that hasn't 
always been the case, Mr. Speaker. For example, at the Justice 
Department, the inspector general could not access grand jury documents 
or national security-related documents without the approval of the 
Deputy Attorney General or the Federal courts.
  At the EPA, several offices, including the EPA's Office of Homeland 
Security, intentionally interfered with the IG's investigations. At the 
Chemical Safety Board--which the EPA OIG also oversees--the IG was 
denied access to certain documents based on a phony attorney-client 
privilege claim. And the Peace Corps refused to provide its inspector 
general access to information related to sexual assaults on the Peace 
Corps volunteers absent a memorandum of understanding.
  In all of these instances, the agencies had clear guidance from 
section 6(a) of the IG Act to provide the IG with access to all 
records, but that guidance, indeed, was ignored.
  The IG Empowerment Act makes clear that section 6(a) means exactly 
what it says: Every inspector general shall have access to all records, 
reports, audits, reviews, documents, papers, recommendations, or other 
materials.
  When agencies refuse or limit IGs' access to agency records, it 
undermines the intent of Congress and frustrates our mutual interest in 
government transparency and efficiency. Furthermore, the negotiations 
between agencies and their IGs are wasteful. Both sides commit time and 
resources--which sometimes include hiring outside lawyers--so that 
those resources could be better used elsewhere.
  These are some of the problems that we are trying to address with the 
Inspector General Empowerment Act. The bill we are considering today 
will make the IGs even more effective by allowing them to follow the 
facts where they lead. For years, the IGs have asked us to extend to 
them the authority to issue subpoenas to get answers from government 
contractors and former Federal employees.
  Independent sources, including the DOJ's National Procurement Task 
Force and the Project on Government Oversight, have also urged Congress 
to expand the testimonial subpoena authority.
  This bill provides the expanded authority that the IGs have asked 
for, but with safeguards in place to make sure that they protect 
against the possibility that an IG's investigation would interfere with 
an ongoing criminal investigation, or do other harm.
  This bill represents several years of bipartisan work, and it 
reflects input from stakeholders. I would urge all of my colleagues to 
join me in supporting this important bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. LAWRENCE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of H.R. 2395, the Inspector 
General Empowerment Act. This bill, introduced by Oversight and 
Government Reform Committee Chairman Jason Chaffetz and Ranking Member 
Elijah Cummings, was approved by the committee with strong bipartisan 
support.
  There is a reason why this bill has so much support: it strengthens 
the inspectors general, who are the first line

[[Page H4006]]

of defense against waste, fraud, and abuse in Federal programs. In 
fiscal year 2014 alone, IGs made recommendations to improve the economy 
and efficiency of Federal programs that could save $46.5 billion. As my 
colleague, Mr. Meadows, stated, this is a return of about $18 for every 
$1 invested in IG budgets.
  The bill would make a number of improvements to the Inspector General 
Act. It will guarantee IG access to agency information. Unfettered 
access to agency information is a cornerstone of the IG's ability to 
conduct their missions effectively. The bill would also grant IGs the 
authority to issue subpoenas to compel testimony after careful review 
and with the concurrence of the Department of Justice. IGs would also 
be granted expedited authority to match Federal records across agencies 
under this bill, which would facilitate audits and help identify fraud 
and waste in Federal programs.
  Mr. Speaker, I urge Members to support the Inspector General 
Empowerment Act, and I reserve the balance of my time.
  Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I wanted to thank Chairman Chaffetz for his vision and 
Ranking Member Cummings for working in a bipartisan way to not only 
empower our IGs, but give them the tools necessary to do what they do 
best; that is, to work on behalf of the American taxpayer.
  Mr. Speaker, I also want to let Congresswoman Lawrence know that I 
have no further speakers at this point and am prepared to close.
  I reserve the balance of my time.
  Mrs. LAWRENCE. Mr. Speaker, I, again, give my support to this bill. I 
want to note that this is bipartisan. So often we have many 
disagreements on either side of the aisle about policy. It is a good 
day in Congress when we work together in a bipartisan way to empower 
our Federal agencies while saving money and creating efficiencies.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to thank the gentlewoman from Michigan 
(Mrs. Lawrence), my good friend. She well notes that not only is this a 
bipartisan bill, but it is one that is widely supported. I would also 
like to thank our respective staffs for the hard work that they have 
put in on crafting this particular piece of legislation. I think it 
becomes a powerful tool.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I strongly support the Inspector General 
Empowerment Act.
  Inspectors General play a crucial role in making the federal 
government more effective and efficient. The bill we are considering 
today will help the IGs do their jobs even better. I appreciate the 
time and effort that Oversight Committee Chairman Jason Chaffetz and 
his staff put into making this bill a truly bipartisan product. I also 
want to thank Representative Mark Meadows for his work on this bill.
  This bill would make crystal clear that Inspectors General have the 
right to access any information available to the agency the IG 
oversees. An agency could not deny an IG access to information unless 
Congress expressly limits the rights of an IG to access the information 
in a statute.
  The bill includes special provisions for grand jury information held 
by the Department of Justice. Under the bill, the IG for DOJ would have 
unfettered access to grand jury information, but the Attorney General 
could limit access to grand jury information for other agency IGs under 
certain exceptions. This language was painstakingly worked out with 
feedback from DOJ and the Inspectors General.
  The Inspector General Empowerment Act would also give Inspectors 
General the ability to subpoena witnesses. This would be a significant 
new authority.
  I believe most IGs would act responsibly and use this authority only 
when absolutely necessary. There is a potential for abuse, however, so 
the bill includes several safeguards. The bill would require an IG, 
before issuing a subpoena, to go through two reviews.
  The first review would be conducted by the Council of Inspectors 
General for Integrity and Efficiency. A panel of three Inspectors 
General would approve or deny any request by an IG to issue a subpoena 
for witness testimony. The second review would be conducted by the 
Attorney General, who would have the opportunity to object if the 
subpoena would interfere with an ongoing investigation. I believe the 
bill strikes a careful balance in granting IGs the authority to 
interview witnesses outside of the government while also providing 
these important checks against potential abuse.
  The Inspector General Empowerment Act would also make needed reforms 
to the process used for investigating allegations of wrongdoing by 
Inspectors General. The current process can be agonizingly slow. The 
bill also contains several other reforms aimed at helping IGs perform 
independent audits and investigations.
  This is a good bill, and I urge my colleagues to support it.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Meadows) that the House suspend the 
rules and pass the bill, H.R. 2395, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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