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Code · BILL · 113th Congress · H.R. 5492 (Introduced in House) — To amend the Inspector General Act of 1978 to strengthen the independence of the Inspectors General, and for other pu... · Sec. 2

Sec. 2. Additional authority provisions for Inspectors General

558 words·~3 min read·/bill/113/hr/5492/ih/section-2·

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The Inspector General Act of 1978 (5 U.S.C. App.) is amended— by inserting after section 6 the following new section: 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, is authorized to require by subpoena the attendance and testimony of certain witnesses, including a contractor with the Federal Government and any former Federal employee (but not including any Federal employee), necessary in the performance of the functions assigned by this Act, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court.
Before the issuance of a subpoena described in subsection (a), an Inspector General shall submit a request for approval to issue a subpoena by a majority of a panel (in this section, referred to as the Subpoena Panel ), which shall be comprised of each Chair (or a designee of such chair) of the Audit, Inspections, and Evaluation Committees of the Council of the Inspectors General on Integrity and Efficiency. 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.
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. If a majority of the Subpoena Panel denies the approval of a subpoena, that subpoena may not be issued. If the Subpoena Panel approves a subpoena under subsection (b), the Inspector General shall notify the Attorney General that the Inspector General intends to issue the subpoena.
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. 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. ; and in section 5(a)— in paragraph (15), by striking ; and and inserting a semicolon; in paragraph (16), by striking the period at the end and inserting ; and ; and by inserting at the end the following new paragraph: a description of the use of subpoenas for the attendance and testimony of certain witnesses authorized under section 6A. .
Section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— in paragraph (8), by striking ; and and inserting a semicolon; by redesignating paragraph
(9)as paragraph (10); and by inserting after paragraph
(8)the following new paragraph: notwithstanding paragraph
(12)of subsection
(e)and subsections (o), (p), (q), (r), and
(u)of section 552a of title 5, United States Code, to compare, through a matching program (as defined in such section), any Federal records with other Federal or non-Federal records, while conducting an audit, investigation, inspection, evaluation, or other review authorized under this Act to identify weaknesses that may lead to waste, fraud, or abuse and to detect improper payments and fraud; and .
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