IG Subpoena Authority Act

IG Subpoena Authority Act

This bill amends the Inspector General Act of 1978 to grant inspectors general subpoena authority to compel the attendance and testimony of witnesses. Inspectors general may not require by subpoena the attendance and testimony of any current federal employees, though they may use other authorized procedures.

To be issued, such a subpoena (1) must be approved by a panel comprised of three inspectors general of the Council of the Inspectors General on Integrity and Efficiency, and (2) must not be objected to by the Department of Justice.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4917 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4917

   To amend the Inspector General Act of 1978 to provide testimonial 
              subpoena authority, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2018

 Mr. Russell introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
   To amend the Inspector General Act of 1978 to provide testimonial 
              subpoena authority, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IG Subpoena Authority Act''.

SEC. 2. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL.

    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), which in the case of contumacy or refusal to obey, such 
subpoena shall be enforceable by order of any appropriate United States 
district court. An Inspector General may not require by subpoena the 
attendance and testimony of any current Federal employees, but may use 
other authorized procedures.
    ``(b) Nondelegation.--The authority to issue a subpoena under 
subsection (a) may not be delegated.
    ``(c) Panel Review Before Issuance.--
            ``(1) Approval required.--
                    ``(A) Request for approval by subpoena panel.--
                Before the issuance of a subpoena described in 
                subsection (a), an Inspector General shall submit a 
                request for approval to issue a subpoena to a panel (in 
                this section, referred to as the `Subpoena Panel'), 
                which shall be comprised of three Inspectors General of 
                the Council of the Inspectors General on Integrity and 
                Efficiency, who shall be designated by the Inspector 
                General serving as Chairperson of the Council.
                    ``(B) Protection from disclosure.--The information 
                contained in the request submitted by an Inspector 
                General under subparagraph (A) and the identification 
                of a witness shall be protected from disclosure to the 
                extent permitted by law. Any request for disclosure of 
                such information shall be submitted to the Inspector 
                General requesting the subpoena.
            ``(2) Time to respond.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Subpoena Panel shall approve or 
                deny a request for approval to issue a subpoena not 
                later than 10 days after the submission of such 
                request.
                    ``(B) Additional information for panel.--If the 
                Subpoena Panel determines that additional information 
                is necessary to approve or deny such request, the 
                Subpoena Panel shall request such information and shall 
                approve or deny such request not later than 20 days 
                after the submission of such request.
            ``(3) Denial by panel.--If a majority of the Subpoena Panel 
        denies the approval of a subpoena, that subpoena may not be 
        issued.
    ``(d) Notice to Attorney General.--
            ``(1) In general.--If the Subpoena Panel approves a 
        subpoena under subsection (c), the Inspector General shall 
        notify the Attorney General that the Inspector General intends 
        to issue the subpoena.
            ``(2) Denial for interference with an ongoing 
        investigation.--Not later than 10 days after the date on which 
        the Attorney General is notified pursuant to paragraph (1), the 
        Attorney General may object to the issuance of the subpoena 
        because the subpoena will interfere with an ongoing 
        investigation and the subpoena may not be issued.
            ``(3) Issuance of subpoena approved.--If the Attorney 
        General does not object to the issuance of the subpoena during 
        the 10-day period described in paragraph (2), the Inspector 
        General may issue the subpoena.
    ``(e) Regulations.--The Chairperson of the Council of the 
Inspectors General on Integrity and Efficiency, in consultation with 
the Attorney General, shall prescribe regulations to carry out the 
purposes of this section.
    ``(f) Inspector General Defined.--For purposes of this section, the 
term `Inspector General' includes each Inspector General established 
under this Act and each Inspector General or Special Inspector General 
not established under this Act.
    ``(g) Applicability.--The provisions of this section shall not 
affect the exercise of authority by an Inspector General of testimonial 
subpoena authority established under another provision of law.'';
            (2) in section 5(a)--
                    (A) in paragraph (21)(B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (22), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting at the end the following new 
                paragraph:
            ``(23) 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''.
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