IG Subpoena Authority Act

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4917) to amend the Inspector General Act of 1978 to provide testimonial subpoena authority, and for other purposes.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I urge support of my bill, H.R. 4917, the IG Subpoena Authority Act. H.R. 4917 would provide inspectors general the authority to subpoena contractors, grant recipients, and former Federal employees for testimony necessary for their investigations.

Inspectors general perform a critical role in the performance of the Federal Government by rooting out waste, fraud, and abuse. In fiscal year 2016 alone, Federal inspectors general identified potential savings of over $45 billion. Nearly half of those savings were identified in the course of the IG's investigative work.

Congress, the American people, and the agencies themselves rely on inspectors general reviews to find areas for improved efficiency and effectiveness, but those reviews are limited by the IG's inability to compel contractors and former employees to cooperate. The IG Subpoena Authority Act gives inspectors general a much-needed tool to fulfill their investigative function under the Inspector General Act.

To effectively identify waste, fraud, and abuse, IGs should be able to conduct a thorough and complete investigation. To conduct a thorough and complete investigation, however, IGs need to be able to talk to the people involved.

Unfortunately, inspectors general haven't always been able to obtain testimony from those key individuals. They collect testimony from Federal employees, but sometimes the employees resign or retire before the inspectors general can review them. In fact, the IG community has informed us of many cases that went cold when witnesses left the agencies or refused to testify voluntarily.

This bill seeks to address these gaps in the evidentiary record by permitting IGs to subpoena the testimony of witnesses during the course of an audit or investigation. The bill establishes procedures to ensure the authority is not abused.

To prevent abuse, inspectors general must get approval from a subpoena review panel that will be made up of three other inspectors general. The review panel must approve or deny the subpoena request within 10 days of the request being filed.

Further, if a subpoena request is approved by the panel, the requesting IG must notify the Attorney General of the pending subpoena. The Attorney General is then able to review the subpoena and may object to its issuance if it will interfere with an ongoing Department of Justice investigation. An IG must complete all of these steps prior to issuing the subpoena.

A version of this bill already passed the House once before. Last Congress, the committee worked on a bipartisan, bicameral basis to enact the Inspector General Empowerment Act. When it first passed the House, the Inspector General Empowerment Act included testimonial subpoena authority for IGs. Although the provision did not make it into law, I hope that changes this year.

I would like to thank the Council of Inspectors General on Integrity and Efficiency, especially the Department of Justice Inspector General Michael Horowitz, who chairs the Council, and Peace Corps Inspector General Kathy Buller, who chairs its Legislation Committee, for their work in support of this bill.

Mr. Speaker, I include in the Record a letter from Ms. Buller supporting the legislation.

Council of the Inspectors General on Integrity and

Efficiency,

June 7, 2018.

Hon. Trey Gowdy,

Chairman, House Committee on Oversight and Government Reform,

House of Representatives, Washington, DC.

Hon. Elijah Cummings,

Ranking Member, House Committee on Oversight and Government

Reform, House of Representatives, Washington, DC.

Hon. Steve Russell,

House of Representatives,

Washington, DC.

Dear Chairman Gowdy, Ranking Member Cummings, and

Representative Russell: We appreciate your efforts to address

the Inspector General (IG) community's long-standing interest

in obtaining testimonial subpoena authority (TSA) for all IGs

and would like to outline our views on H.R. 4917, the IG

Subpoena Authority Act. For many years, the Legislation

Committee of the Council of the Inspectors General on

Integrity and Efficiency (CIGIE) has included TSA among its

legislative priorities.

The authority in H.R. 4917 would assist government

oversight by providing a critical tool to address fraud,

waste, and abuse by authorizing all IGs to subpoena the

attendance and testimony of certain witnesses, as necessary,

to fulfill the functions of the Inspector General Act of

1978, as amended (IG Act). CIGIE supports the language in the

bill aligning the scope of TSA with the IG's existing

documentary subpoena authority, found in Section 6(a)(4) of

the IG Act. While requiring that any subpoena be necessary in

the performance of IG work, the language does not limit who

may be subpoenaed, other than with respect to current Federal

employees (as they are already generally required to

cooperate with OIGs).

Congress has already granted some IGs TSA under the IG Act

or through other laws. The Department of Defense Office of

Inspector General (DOD OIG) was provided TSA under Section

1042 of the National Defense Authorization Act of 2010,

codified at Section 8(i) of the IG Act. As noted in the

Congressional record, DOD OIG has used this authority

judiciously and sparingly. The Department of Health and Human

Services OIG also has testimonial subpoena power in certain

circumstances. Moreover, IGs overseeing appropriations under

the American Recovery and Reinvestment Act of 2009 received

TSA to be exercised through the now-sunsetted Recovery

Accountability and Transparency Board.

Following the practice of those IGs who already have or had

TSA, CIGIE is committed to ensuring that the authority will

be used appropriately and fairly. In short, CIGIE echoes

Ranking Member Cummings's belief that IGs would ``act

responsibly and use this authority only when absolutely

necessary,'' and that appropriate safeguards provide checks

on potential abuse.

Mr. Speaker, lastly, I would like to thank my Democratic colleagues for their support and thoughtful dialogue, particularly the gentleman from Virginia (Mr. Connolly) and the gentleman from Pennsylvania (Mr. Cartwright), who sponsored this bill with me.

Mr. Speaker, I urge my colleagues to support the bill, and I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, one of the chief complaints of the American people is that we can't hold our government accountable. This bill goes a long way to correct that.

In the future, no longer will people be able to simply walk away from agencies and duties in government without any accounting. We have built in the safeguards, and we have worked in a bipartisan way, so that we can achieve that aim.

Mr. Speaker, I urge adoption of the bill, and I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, this bill would give inspectors general the ability to subpoena witnesses to testify. This would be a significant new authority.

Although I believe most IGs would act responsibly, it is important that we include safeguards to protect against potential abuse of this new authority.

This bill includes several such safeguards. The bill would require an IG, before issuing a subpoena, to go through two reviews.

The first review would be conducted by the Council of Inspectors General for Integrity and Efficiency. A panel of three council members would have to approve the subpoena before the IG could issue it.

The second review would be conducted by the attorney general, who would have the opportunity to block a subpoena if it would interfere with an ongoing investigation.

The bill attempts to strike a careful balance in granting IGs the authority to interview witnesses outside of the government while also providing these important checks against potential abuse.

Mr. Speaker, I yield back the balance of my time.