[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2687 Reported in Senate (RS)]
<DOC>
Calendar No. 304
117th CONGRESS
2d Session
S. 2687
To provide the Inspector General of the Department of Veterans Affairs
testimonial subpoena authority, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 10, 2021
Mr. Tester (for himself, Mr. Boozman, and Mr. Manchin) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
March 10 (legislative day, March 7), 2022
Reported by Mr. Tester, without amendment
_______________________________________________________________________
A BILL
To provide the Inspector General of the Department of Veterans Affairs
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 ``Strengthening Oversight for Veterans
Act of 2021''.
SEC. 2. TESTIMONIAL SUBPOENA AUTHORITY OF THE INSPECTOR GENERAL OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 312 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(d)(1)(A) In addition to the authority otherwise provided by the
Inspector General Act of 1978 (5 U.S.C. App.) and in accordance with
the requirements of this subsection, the Inspector General, in carrying
out the provisions of this section, may require by subpoena the
attendance and testimony of witnesses as necessary in the performance
of the functions assigned to the Inspector General by the Inspector
General Act of 1978 (5 U.S.C. App.) and this section, which in the case
of contumacy or refusal to obey, such subpoena shall be enforceable by
order of any appropriate district court of the United States.
``(B) The Inspector General may not require by subpoena the
attendance and testimony under subparagraph (A) of--
``(i) any current Federal employee; or
``(ii) any witness as part of any criminal proceeding.
``(2) The authority to issue a subpoena under paragraph (1) may not
be delegated.
``(3)(A) The Inspector General shall notify the Attorney General of
the intent to issue a subpoena under paragraph (1).
``(B) Not later than 10 days after the date on which the Attorney
General is notified pursuant to subparagraph (A), the Attorney General
may object in writing to the issuance of the subpoena if the subpoena
will interfere with an ongoing investigation and, if the Attorney
General makes such an objection, the Inspector General may not issue
the subpoena.
``(C) If the Attorney General does not object in writing to the
issuance of the subpoena during the 10-day period described in
subparagraph (B), the Inspector General may issue the subpoena.
``(4) Before requiring by subpoena under paragraph (1) the
attendance and testimony of a witness, the Inspector General shall, to
the degree practicable--
``(A) notify the witness of the intent of the Inspector
General to issue the subpoena; and
``(B) provide the witness an opportunity to attend and
testify voluntarily.
``(5) Whenever requiring by subpoena under paragraph (1) the
attendance and testimony of a witness, the Inspector General shall, to
the greatest extent practicable, travel to residence of the witness,
the principal place of business of the witness, or other similar
location that is in proximity to the residence of the witness.
``(6)(A) Along with each semiannual report submitted by the
Inspector General pursuant to section 5(b) of the Inspector General Act
of 1978 (5 U.S.C. App. 5(b)), the Inspector General shall include a
report on the exercise of the authority provided by paragraph (1).
``(B) Each report submitted under subparagraph (A) shall include,
for the most recently completed six-month period, the following:
``(i) The number of testimonial subpoenas issued and the
number of individuals interviewed pursuant to such subpoenas.
``(ii) The number of proposed testimonial subpoenas with
respect to which the Attorney General objected under paragraph
(3)(B).
``(iii) A discussion of any challenges or concerns that the
Inspector General has encountered exercising the authority
provided by paragraph (1).
``(iv) Such other matters as the Inspector General
considers appropriate.''.
(b) Effective Date.--
(1) In general.--Subsection (d) of section 312 of title 38,
United States Code, as added by subsection (a), shall take
effect on the date of the enactment of this Act.
(2) Semiannual report.--Paragraph (6) of subsection (d) of
such section, as so added, shall apply beginning on the date
that is seven months after the first day of the first fiscal
year beginning after the date of the enactment of this Act.
Calendar No. 304
117th CONGRESS
2d Session
S. 2687
_______________________________________________________________________
A BILL
To provide the Inspector General of the Department of Veterans Affairs
testimonial subpoena authority, and for other purposes.
_______________________________________________________________________
March 10 (legislative day, March 7), 2022
Reported without amendment