Sec. 2. Additional authority provisions for Inspectors General
745 words·~3 min read·
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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 (and each Special Inspector General not established under this Act), in carrying out the provisions of this Act (or in the case of a Special Inspector General, the provisions of the authorizing statute), is authorized to require by subpoena the attendance and testimony of certain witnesses, including a contractor with the Federal Government or a designated Federal entity and any former Federal employee or employee of a designated Federal entity (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.
The authority to issue a subpoena under subsection
(a)may not be delegated. The authority to issue a subpoena under subsection
(a)is limited to an investigation of fraud or waste in excess of $100,000 unless there is reasonable cause to believe a crime has been committed. 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. Any request submitted by an Inspector General under subparagraph
(A)shall demonstrate reasonable cause that each witness requested by the subpoena possesses information pertinent and necessary to the investigation. 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 practicable. 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 (d), the Inspector General shall notify the Attorney General that the Inspector General intends to issue the subpoena. The Attorney General shall approve or deny the issuance of a subpoena. If the Attorney General denies the issuance of the subpoena, the subpoena may not be issued. The Attorney General shall make every effort to issue an approval or denial under this paragraph within 30 days after notification by the Inspector General under paragraph (1). An Inspector General may not issue a subpoena under this section unless the Attorney General approves the issuance of the subpoena. 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. ; 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 to take action to protect any information collected pursuant to subparagraph (A); and .