IB 

Union Calendar No. 618 

115TH CONGRESS 

2D SESSION H. R. 4917 

[Report No. 115–799] 

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 

JUNE 29, 2018 

Additional sponsor: Mr. CARTWRIGHT

JUNE 29, 2018 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


daltland on DSKBBV9HB2PROD with BILLS
2 

•HR 4917 RH

A BILL 

To amend the Inspector General Act of 1978 to provide 

testimonial subpoena authority, and for other purposes. 


daltland on DSKBBV9HB2PROD with BILLS
3 

•HR 4917 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘IG Subpoena Authority 

5 Act’’. 

6 SEC. 2. ADDITIONAL AUTHORITY PROVISIONS FOR INSPEC7 TORS GENERAL. 

8 The Inspector General Act of 1978 (5 U.S.C. App.) 

9 is amended— 

10 (1) by inserting after section 6 the following 

11 new section: 

12 ‘‘SEC. 6A. ADDITIONAL AUTHORITY. 

13 ‘‘(a) TESTIMONIAL SUBPOENA AUTHORITY.—In ad14 dition to the authority otherwise provided by this Act and 

15 in accordance with the requirements of this section, each 

16 Inspector General, in carrying out the provisions of this 

17 Act (or in the case of an Inspector General or Special In18 spector General not established under this Act, the provi19 sions of the authorizing statute), is authorized to require 

20 by subpoena the attendance and testimony of witnesses 

21 as necessary in the performance of the functions assigned 

22 to the Inspector General by this Act (or in the case of 

23 an Inspector General or Special Inspector General not es24 tablished under this Act, the functions assigned by the au25 thorizing statute), which in the case of contumacy or reVerDate Sep 11 2014 20:33 Jun 29, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4917.RH H4917

daltland on DSKBBV9HB2PROD with BILLS
4 

•HR 4917 RH

1 fusal to obey, such subpoena shall be enforceable by order 

2 of any appropriate United States district court. An Inspec3 tor General may not require by subpoena the attendance 

4 and testimony of any current Federal employees, but may 

5 use other authorized procedures. 

6 ‘‘(b) NONDELEGATION.—The authority to issue a 

7 subpoena under subsection (a) may not be delegated. 

8 ‘‘(c) PANEL REVIEW BEFORE ISSUANCE.— 

9 ‘‘(1) APPROVAL REQUIRED.— 

10 ‘‘(A) REQUEST FOR APPROVAL BY SUB11 POENA PANEL.—Before the issuance of a sub12 poena described in subsection (a), an Inspector 

13 General shall submit a request for approval to 

14 issue a subpoena to a panel (in this section, re15 ferred to as the ‘Subpoena Panel’), which shall 

16 be comprised of three Inspectors General of the 

17 Council of the Inspectors General on Integrity 

18 and Efficiency, who shall be designated by the 

19 Inspector General serving as Chairperson of the 

20 Council. 

21 ‘‘(B) PROTECTION FROM DISCLOSURE.— 

22 The information contained in the request sub23 mitted by an Inspector General under subpara24 graph (A) and the identification of a witness 

25 shall be protected from disclosure to the extent 


daltland on DSKBBV9HB2PROD with BILLS
5 

•HR 4917 RH

1 permitted by law. Any request for disclosure of 

2 such information shall be submitted to the In3 spector General requesting the subpoena. 

4 ‘‘(2) TIME TO RESPOND.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the Subpoena Panel shall 

7 approve or deny a request for approval to issue 

8 a subpoena not later than 10 days after the 

9 submission of such request. 

10 ‘‘(B) ADDITIONAL INFORMATION FOR

11 PANEL.—If the Subpoena Panel determines 

12 that additional information is necessary to ap13 prove or deny such request, the Subpoena Panel 

14 shall request such information and shall ap15 prove or deny such request not later than 20 

16 days after the submission of such request. 

17 ‘‘(3) DENIAL BY PANEL.—If a majority of the 

18 Subpoena Panel denies the approval of a subpoena, 

19 that subpoena may not be issued. 

20 ‘‘(d) NOTICE TO ATTORNEY GENERAL.— 

21 ‘‘(1) IN GENERAL.—If the Subpoena Panel ap22 proves a subpoena under subsection (c), the Inspec23 tor General shall notify the Attorney General that 

24 the Inspector General intends to issue the subpoena. 


daltland on DSKBBV9HB2PROD with BILLS
6 

•HR 4917 RH

1 ‘‘(2) DENIAL FOR INTERFERENCE WITH AN ON2 GOING INVESTIGATION.—Not later than 10 days 

3 after the date on which the Attorney General is noti4 fied pursuant to paragraph (1), the Attorney Gen5 eral may object to the issuance of the subpoena be6 cause the subpoena will interfere with an ongoing in7 vestigation and the subpoena may not be issued. 

8 ‘‘(3) ISSUANCE OF SUBPOENA APPROVED.—If 

9 the Attorney General does not object to the issuance 

10 of the subpoena during the 10-day period described 

11 in paragraph (2), the Inspector General may issue 

12 the subpoena. 

13 ‘‘(e) REGULATIONS.—The Chairperson of the Council 

14 of the Inspectors General on Integrity and Efficiency, in 

15 consultation with the Attorney General, shall prescribe 

16 regulations to carry out the purposes of this section. 

17 ‘‘(f) INSPECTOR GENERAL DEFINED.—For purposes 

18 of this section, the term ‘Inspector General’ includes each 

19 Inspector General established under this Act and each In20 spector General or Special Inspector General not estab21 lished under this Act. 

22 ‘‘(g) APPLICABILITY.—The provisions of this section 

23 shall not affect the exercise of authority by an Inspector 

24 General of testimonial subpoena authority established 

25 under another provision of law.’’; 


daltland on DSKBBV9HB2PROD with BILLS
7 

•HR 4917 RH

1 (2) in section 5(a)— 

2 (A) in paragraph (21)(B), by striking ‘‘; 

3 and’’ and inserting a semicolon; 

4 (B) in paragraph (22), by striking the pe5 riod at the end and inserting ‘‘; and’’; and 

6 (C) by inserting at the end the following 

7 new paragraph: 

8 ‘‘(23) a description of the use of subpoenas for 

9 the attendance and testimony of certain witnesses 

10 authorized under section 6A.’’; and 

11 (3) in section 8G(g)(1), by inserting ‘‘6A,’’ be12 fore ‘‘and 7’’. 


daltland on DSKBBV9HB2PROD with BILLS
Union Calendar No. 618 

115TH CONGRESS 

2D SESSION H. R. 4917 

[Report No. 115–799] 

A BILL 

To amend the Inspector General Act of 1978 to 

other purposes. provide testimonial subpoena authority, and for 

JUNE 29, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


daltland on DSKBBV9HB2PROD with BILLS