The House has passed HR-2395, designed to enhance the investigatory powers of agency IGs, including by granting them subpoena authority to compel the attendance and testimony of certain witnesses such as federal contractors and former federal employees.
Those powers generally would apply in investigations of fraud or waste in excess of $100,000. However, if there is reasonable cause to believe a crime has been committed, the threshold would not apply.
Prior to issuing a subpoena, an IG would have to submit a request to a panel of three IGs and notify the Justice Department of its intent; Justice would retain the power to approve or deny the issuance of a subpoena.
Also under the bill, an IG could compare, through a matching program, federal records with other federal or non-federal records, while conducting an audit or other review. Restrictions in the Computer Matching and Privacy Protection Act of 1988 would be waived for that purpose.
Any finding of misconduct, including any violation of federal law or agency policy by any member of the SES or an employee in the excepted service would have to be publicly disclosed.
The measure also addresses issues such as disputes involving the jurisdiction of more than one IG, allegations of misconduct and other matters internal to the IG community.
