[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2089 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2089
To amend the Inspector General Act of 1978 to provide testimonial
subpoena authority, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2021
Mr. Gomez (for himself, Mrs. Carolyn B. Maloney of New York, and Mr.
Connolly) introduced the following bill; which was referred to the
Committee on Oversight and 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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