The House of Representatives passed a bill that would make it more difficult for executive agencies to thwart internal investigations.
Legislation bolstering subpoena power for the federal governments’ inspectors general was approved by the House. It passed Tuesday in a voice vote with rules under suspension, meaning it required two-thirds majority for approval without amendment.
The maneuver came roughly ten months after a top Justice Department lawyer issued a memo justifying the stonewalling of IGs.
“Inspectors General are at the heart of keeping the federal government honest,” said Jason Chaffetz (R-Utah), the sponsor of the bill, after Tuesday’s vote. “This legislation removes unnecessary obstacles designed to thwart the oversight process and clears a path toward greater openness and transparency.”
The bill would also make government contractors and former officials cooperate with inspector general investigations. Some information could still be subject to non-disclosure under the proposal, but only if Congress specifically designates it as exempt from IG access.
In August 2015, the Justice Department Office of Legal Counsel (OLC) said executive agencies could legally withhold investigative information from inspectors general—including documents related to grand jury proceedings, wire taps, and subpoenas for consumer records.
At a hearing on the memo, Justice Department Inspector General Michael Horowitz noted that the FBI had been redacting records it turned over to his office—for an audit of FBI “bulk telephony” surveillance.
Inspectors general are supposed to be able to conduct no holds barred oversight, and are already tasked with protecting classified and sensitive information.
The order sparked a backlash from Congress and from IGs themselves. Horowitz called for legislation to counteract the decree. David Roth, Horowitz’s counterpart in the Department of Homeland Security, said the memo would chill “vigorous and independent oversight.”
According to Horowitz, Justice Department officials started systematically withholding investigatory information from his staff in 2010.
“Until May 2015, my office encountered significant resistance from the [Drug Enforcement Administration] when attempting to obtain documents for a number of our reviews,” Horowitz said Wednesday, before a Senate Judiciary Committee oversight hearing. The meeting focused specifically on DEA operations.
Horowitz noted that his office’s relationship with the agency, since last spring, has improved. He also praised the House for its Tuesday vote, however, and called on Senators to usher the bill to the President’s desk.
“An inspector general’s access to information should not depend on who leads an agency, and whether they are willing to cooperate with OIG oversight,” he said.
