I 
111TH CONGRESS 
1ST SESSION H. R. 3848 
To amend the Inspector General Act of 1978 to provide authority for Inspec-
tors General to subpoena former agency employees, agency contractors, 
and employees of contractors for testimony, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2009 
Mr. CONYERS introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
A BILL 
To amend the Inspector General Act of 1978 to provide 
authority for Inspectors General to subpoena former 
agency employees, agency contractors, and employees of 
contractors for testimony, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Inspector General Au-
thority Improvement Act of 2009’’. 
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SEC. 2. SUBPOENA AUTHORITY FOR INSPECTORS GENERAL 
TO REQUIRE TESTIMONY OF CERTAIN PER-
SONS. 
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 strik-
ing ‘‘and’’; 
(B) at the end of paragraph (9), by strik-
ing 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 sub-
section: 
‘‘(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 sub-
contractor 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; 
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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 em-
ployee of a contractor (or subcontractor) of the establish-
ment. 
‘‘(2)(A) A subpoena issued under paragraph (1) shall 
provide reasonable notice to the individual whose testi-
mony 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 pursu-
ant 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 sub-
poena if the Attorney General informs the Inspector Gen-
eral, within 7 days after receipt of the notification under 
subparagraph (A), that the Attorney General objects to 
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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 de-
scribed in subparagraph (B), the Attorney General shall, 
within 30 days after receipt of the notification under sub-
paragraph (A), find in writing that the taking of the testi-
mony— 
‘‘(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 litiga-
tion to which the United States or any of its agen-
cies 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 indi-
vidual and the Inspector General, in the District of Colum-
bia or in the district of the individual’s place of employ-
ment when working for the establishment, contractor, or 
subcontractor. 
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