[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
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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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