Subpoena authority for Inspectors General to require testimony of certain persons

Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1)in subsection (a)— (A)at the end of paragraph (8), by striking and; (B)at the end of paragraph (9), by striking the period and inserting ; and; (C)by adding at the end the following new paragraph:

(10)to require by subpoena the testimony of certain persons, as provided in subsection (g).

; and

(2)by adding at the end the following new subsection:

(g)(1)Subject to paragraph (2), each Inspector General of an establishment, in carrying out the provisions of this Act, is authorized to issue a subpoena to require any individual who is— (A)a former employee of the establishment; (B)a former employee of a contractor (or subcontractor at any tier under the contractor) of the establishment; or (C)a former contractor (or subcontractor at any tier under the contractor) of the establishment;

to provide testimony by deposition that relates to matters occurring in connection with that individual’s employment with the establishment or status as a contractor or employee of a contractor (or subcontractor) of the establishment.

(2)(A)A subpoena issued under paragraph (1) shall provide reasonable notice to the individual whose testimony is sought and shall state the name of that individual and the place of taking the testimony. (B)The testimony sought through a subpoena issued under paragraph (1) shall be taken under oath. The Inspector General shall prepare, or cause to be prepared, a transcript of the testimony taken. (C)An individual whose testimony is taken pursuant to a subpoena issued under paragraph (1) is entitled to the same fees and mileage paid for those services in the courts of the United States. (3)(A)At least 7 days before issuing a subpoena under this subsection, an Inspector General shall notify the Attorney General of the subpoena and the nature of the testimony sought. (B)The Inspector General may not issue the subpoena if the Attorney General informs the Inspector General, within 7 days after receipt of the notification under subparagraph (A), that the Attorney General objects to the issuance of the subpoena on one or more of the grounds listed in clauses (i) through (iv) of subparagraph (C). (C)If the Attorney General objects to the issuance of the subpoena and informs the Inspector General as described in subparagraph (B), the Attorney General shall, within 30 days after receipt of the notification under subparagraph (A), find in writing that the taking of the testimony— (i)is likely to endanger the national security of the United States; (ii)is likely to interfere with any Federal or State criminal investigation or prosecution; (iii)is likely to interfere with any civil litigation to which the United States or any of its agencies is or is likely to be a party; or (iv)otherwise is not authorized by this Act. (4)(A)Except as provided in subparagraph (B), any subpoena issued under this subsection may be enforceable in the district where the individual whose testimony is sought by subpoena resides, or, upon consent of the individual and the Inspector General, in the District of Columbia or in the district of the individual’s place of employment when working for the establishment, contractor, or subcontractor. (B)A proceeding to enforce a subpoena may be brought in the United States District Court for the District of Columbia if the individual whose testimony is sought by the subpoena resides within 25 miles of the District of Columbia and if the complaint seeking enforcement alleges that a significant portion of the matters that are expected to be the subject of the investigation occurred in the District of Columbia. (C)The Attorney General shall represent an Office of Inspector General in the enforcement of a subpoena under this subsection.