Title: IG Testimonial Subpoena Authority Act
Policy area: Government Operations and Politics

Summary:
IG Testimonial Subpoena Authority Act
This bill gives inspectors general the authority to subpoena the in-person attendance and testimony of witnesses. If a witness refuses to obey, inspectors general may seek to enforce the subpoena in U.S. district court.
Inspectors general must notify the Department of Justice seven days before issuing a subpoena.
The Council of Inspectors General on Integrity and Efficiency shall promulgate standards and provide training relating to the issuance of subpoenas, conflicts of interest, and any other matter deemed necessary to carry out this bill.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1794 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1794

   To amend the Inspector General Act of 1978 to provide testimonial 
              subpoena authority, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2021

  Ms. Hassan (for herself and Mr. Grassley) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 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 Testimonial 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:

``SEC. 6A. ADDITIONAL AUTHORITY.

    ``(a) Definition of Inspector General.--In this section, the term 
`Inspector General'--
            ``(1) means an Inspector General of an establishment or a 
        designated Federal entity (as defined in section 8G(a)); and
            ``(2) includes--
                    ``(A) the Inspector General of the Central 
                Intelligence Agency established under section 17 of the 
                Central Intelligence Agency Act of 1949 (50 U.S.C. 
                3517);
                    ``(B) the Inspector General of the Intelligence 
                Community established under section 103H of the 
                National Security Act of 1947 (50 U.S.C. 3033);
                    ``(C) the Special Inspector General for Afghanistan 
                Reconstruction established under section 1229 of the 
                National Defense Authorization Act for Fiscal Year 2008 
                (Public Law 110-181; 122 Stat. 379);
                    ``(D) the Special Inspector General for the 
                Troubled Asset Relief Plan established under section 
                121 of the Emergency Economic Stabilization Act of 2008 
                (12 U.S.C. 5231);
                    ``(E) the Inspector General for the Government 
                Accountability Office established under section 705 of 
                title 31, United States Code;
                    ``(F) the Inspector General for the United States 
                Capitol Police established under section 1004 of the 
                Legislative Branch Appropriations Act, 2006 (2 U.S.C. 
                1909);
                    ``(G) the Inspector General of the Architect of the 
                Capitol established under section 1301 of the Architect 
                of the Capitol Inspector General Act of 2007 (2 U.S.C. 
                1808);
                    ``(H) the Inspector General of the Library of 
                Congress established under section 1307 of the Library 
                of Congress Inspector General Act of 2005 (2 U.S.C. 
                185);
                    ``(I) the Inspector General of the Government 
                Publishing Office established under section 3901 of 
                title 44, United States Code; and
                    ``(J) the Special Inspector General for Pandemic 
                Recovery established under section 4018 of the CARES 
                Act (15 U.S.C. 9053).
    ``(b) Testimonial Subpoena Authority.--
            ``(1) In general.--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 the provisions of the authorizing 
        statute of the Inspector General, as applicable, 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 by the 
        authorizing statute of the Inspector General, as applicable, 
        which in the case of contumacy or refusal to obey, such 
        subpoena shall be enforceable by order of any appropriate 
        United States district court.
            ``(2) Prohibition.--An Inspector General may not require by 
        subpoena the attendance and testimony of an individual who is 
        otherwise obligated to provide testimony and cooperate with the 
        Inspector General, but may use other authorized procedures.
    ``(c) Notice to Attorney General.--Not less than 7 days before 
issuing a subpoena under this section, an Inspector General shall--
            ``(1) notify the Attorney General of the issuance; and
            ``(2) take into consideration any objection provided by the 
        Attorney General relating to the subpoena.
    ``(d) Training and Standards.--The Council of the Inspectors 
General on Integrity and Efficiency shall promulgate standards and 
provide training relating to the issuance of subpoenas, conflicts of 
interest, and any other matter the Council determines necessary to 
carry out this section.
    ``(e) 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'' at 
                the end;
                    (B) in paragraph (22), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(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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