[114th Congress Public Law 317]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 1595]]
Public Law 114-317
114th Congress
An Act
To amend the Inspector General Act of 1978 to strengthen the
independence of the Inspectors General, and for other
purposes. <<NOTE: Dec. 16, 2016 - [H.R. 6450]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Inspector
General Empowerment Act of 2016. 5 USC app. 1 note.>>
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 <<NOTE: 5 USC app.
6.>> (5 U.S.C. App.), as amended by section 5 of this Act, is amended
by adding at the end the following:
``(j)(1) <<NOTE: Records. Definitions.>> 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.''.
[[Page 130 STAT. 1596]]
SEC. 3. ADDITIONAL RESPONSIBILITIES OF THE COUNCIL OF THE
INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY.
Section 11 of the Inspector General Act of 1978 <<NOTE: 5 USC app.
11.>> (5 U.S.C. App.) is amended--
(1) in subsection (b)(3)(B), by amending clause (viii) to
read as follows:
``(viii) <<NOTE: Reports.>> 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) <<NOTE: Deadline.>> 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
[[Page 130 STAT. 1597]]
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 <<NOTE: Deadline. Determination.>> 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) <<NOTE: Deadline. Notification.>>
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.'';
[[Page 130 STAT. 1598]]
(ii) by striking subparagraph (C); and
(iii) by inserting after subparagraph (B) the
following:
``(C) <<NOTE: Deadlines.>> 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) <<NOTE: Notification.>>
promptly notify the congressional
committees described in paragraph
(8)(A)(iii); and
``(II) <<NOTE: Briefing.>> 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:
[[Page 130 STAT. 1599]]
``(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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--
[[Page 130 STAT. 1600]]
(1) <<NOTE: Study.>> 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) <<NOTE: Examination.>> an examination of the
extent to which the number and duration of such
vacancies has changed over time;
(C) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> recommendations to
minimize the duration of such vacancies;
(2) <<NOTE: Briefing.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: 5 USC app. 5.>> 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
[[Page 130 STAT. 1601]]
``(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
[[Page 130 STAT. 1602]]
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) <<NOTE: Definition.>> 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.) <<NOTE: 5 USC app. 4.>> is amended by adding at the end the
following:
``(e)(1) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Web posting.>> 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.) <<NOTE: 5 USC app. 8M.>> 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:
[[Page 130 STAT. 1603]]
``(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 <<NOTE: 5 USC app. 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) <<NOTE: Records. Notification.>> 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) <<NOTE: Deadline. Determinations.>> 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
[[Page 130 STAT. 1604]]
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) <<NOTE: Deadline. Statement.>> 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) <<NOTE: 5 USC app. 8.>> 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) <<NOTE: 5 USC app. 8D.>> 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) <<NOTE: 5 USC app. 8E.>> 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) <<NOTE: 5 USC app. 8G.>> 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) <<NOTE: 5 USC app. 8I.>> 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) <<NOTE: 5 USC app. 8J.>> in section 8J, by striking
``or 8H'' and inserting ``8H, or 8N''; and
(7) by inserting after section 8M the following:
[[Page 130 STAT. 1605]]
``SEC. 8N. <<NOTE: 5 USC app. 8N.>> ADDITIONAL PROVISIONS WITH
RESPECT TO THE DEPARTMENT OF ENERGY.
``(a) <<NOTE: Determination.>> 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) <<NOTE: Deadlines. Notification.>> 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. <<NOTE: Statement.>> 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) <<NOTE: 5 USC app. 8M note.>> 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) <<NOTE: 5 USC app. 8M.>> 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) <<NOTE: 5 USC app. 11.>> 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) <<NOTE: Time period. 5 USC app. 8M note.>> 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.
[[Page 130 STAT. 1606]]
(c) Requirements for Inspectors General Websites.--Section 8M(b)(1)
of the Inspector General Act of 1978 <<NOTE: 5 USC app. 8M.>> (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) <<NOTE: 5 USC app. 11 note.>> 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) <<NOTE: 5 USC app. 4.>> 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) <<NOTE: 5 USC app. 5.>> 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) <<NOTE: 5 USC app. 6.>> in section 6(a)(4), by
striking ``information, as well as any tangible thing)''
and inserting ``information), as well as any tangible
thing'';
(E) <<NOTE: 5 USC app. 8A.>> 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) <<NOTE: 5 USC app. 11.>> 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) <<NOTE: 5 USC app. 3.>> in section 3(a), by
striking ``subpena'' and inserting ``subpoena'';
(B) in section 6(a)(4), by striking ``subpenas'' and
inserting ``subpoenas'';
(C) <<NOTE: 5 USC app. 8D.>> 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) <<NOTE: 5 USC app. 8E.>> 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) <<NOTE: 5 USC app. 8G.>> in section 8G(d)(1),
by striking ``subpena'' and inserting ``subpoena''.
[[Page 130 STAT. 1607]]
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.
Approved December 16, 2016.
LEGISLATIVE HISTORY--H.R. 6450 (S. 579):
---------------------------------------------------------------------------
SENATE REPORTS: No. 114-36 (Comm. on Homeland Security and Governmental
Affairs) accompanying S. 579.
CONGRESSIONAL RECORD, Vol. 162 (2016):
Dec. 8, considered and passed House.
Dec. 9, considered and passed Senate.
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