[Congressional Record Volume 167, Number 200 (Wednesday, November 17, 2021)]
[Senate]
[Pages S8390-S8392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4779. Mr. PETERS (for himself, Mr. Portman, and Mr. Grassley) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

                     DIVISION E--INSPECTORS GENERAL

     SEC. 5101. SHORT TITLE.

       This division may be cited as the ``Afghanistan Vetting 
     Review, the IG Testimonial Subpoena Authority, and Inspector 
     General Access Act of 2021''.

    TITLE LI--TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS GENERAL

     SEC. 5111. SHORT TITLE.

       This title may be cited as the ``IG Testimonial Subpoena 
     Authority Act''.

     SEC. 5112. 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) Definitions.--In this section--
       ``(1) the term `Chairperson' means the Chairperson of the 
     Council of the Inspectors General on Integrity and 
     Efficiency;
       ``(2) the term `Inspector General'--
       ``(A) means an Inspector General of an establishment or a 
     designated Federal entity (as defined in section 8G(a)); and
       ``(B) includes--
       ``(i) 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);
       ``(ii) the Inspector General of the Intelligence Community 
     established under section 103H of the National Security Act 
     of 1947 (50 U.S.C. 3033);
       ``(iii) 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);
       ``(iv) 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); and
       ``(v) the Special Inspector General for Pandemic Recovery 
     established under section 4018 of the CARES Act (15 U.S.C. 
     9053); and
       ``(3) the term `Subpoena Panel' means the panel to which 
     requests for approval to issue a subpoena are submitted under 
     subsection (e).
       ``(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 an 
     audit, inspection, evaluation, or investigation, which 
     subpoena, in the case of contumacy or refusal to obey, 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 a Federal employee 
     or employee of a designated Federal entity, but may use other 
     authorized procedures.
       ``(3) Determination by inspector general.--The 
     determination of whether a matter constitutes an audit, 
     inspection, evaluation, or investigation shall be at the 
     discretion of the applicable Inspector General.
       ``(c) Limitation on Delegation.--The authority to issue a 
     subpoena under subsection

[[Page S8391]]

     (b) may only be delegated to an official performing the 
     functions and duties of an Inspector General when the 
     Inspector General position is vacant or when the Inspector 
     General is unable to perform the functions and duties of the 
     Office of the Inspector General.
       ``(d) Notice to Attorney General.--
       ``(1) In general.--Not less than 10 days before submitting 
     a request for approval to issue a subpoena to the Subpoena 
     Panel under subsection (e), an Inspector General shall--
       ``(A) notify the Attorney General of the plan of the 
     Inspector General to issue the subpoena; and
       ``(B) take into consideration any information provided by 
     the Attorney General relating to the subpoena.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to prevent an Inspector General from submitting 
     to the Subpoena Panel under subsection (e) a request for 
     approval to issue a subpoena if 10 or more days have elapsed 
     since the date on which the Inspector General submits to the 
     Attorney General the notification required under paragraph 
     (1)(A) with respect to that subpoena.
       ``(e) Panel Review Before Issuance.--
       ``(1) Approval required.--
       ``(A) Request for approval by subpoena panel.--Before the 
     issuance of a subpoena described in subsection (b), an 
     Inspector General shall submit to a panel a request for 
     approval to issue the subpoena, which shall include a 
     determination by the Inspector General that--
       ``(i) the testimony is likely to be reasonably relevant to 
     the audit, inspection, evaluation, or investigation for which 
     the subpoena is sought; and
       ``(ii) the information to be sought cannot be reasonably 
     obtained through other means.
       ``(B) Composition of subpoena panel.--
       ``(i) In general.--Subject to clauses (ii) and (iii), a 
     Subpoena Panel shall be comprised of 3 inspectors general 
     appointed by the President and confirmed by the Senate, who 
     shall be randomly drawn by the Chairperson or a designee of 
     the Chairperson from a pool of all such inspectors general.
       ``(ii) Classified information.--If consideration of a 
     request for a subpoena submitted under subparagraph (A) would 
     require access to classified information, the Chairperson or 
     a designee of the Chairperson may limit the pool of 
     inspectors general described in clause (i) to appropriately 
     cleared inspectors general.
       ``(iii) Confirmation of availability.--If an inspector 
     general drawn from the pool described in clause (i) does not 
     confirm their availability to serve on the Subpoena Panel 
     within 24 hours of receiving a notification from the 
     Chairperson or a designee of the Chairperson regarding 
     selection for the Subpoena Panel, the Chairperson or a 
     designee of the Chairperson may randomly draw a new inspector 
     general from the pool to serve on the Subpoena Panel.
       ``(C) Contents of request.--The request described in 
     subparagraph (A) shall include any information provided by 
     the Attorney General related to the subpoena, which the 
     Attorney General requests that the Subpoena Panel consider.
       ``(D) Protection from disclosure.--
       ``(i) In general.--The information contained in a request 
     submitted by an Inspector General under subparagraph (A) and 
     the identification of a witness shall be protected from 
     disclosure to the extent permitted by law.
       ``(ii) Request for disclosure.--Any request for disclosure 
     of the information described in clause (i) shall be submitted 
     to the Inspector General requesting the subpoena.
       ``(2) Time to respond.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Subpoena Panel shall approve or deny a request for 
     approval to issue a subpoena submitted under paragraph (1) 
     not later than 10 days after the submission of the request.
       ``(B) Additional information for panel.--If the Subpoena 
     Panel determines that additional information is necessary to 
     approve or deny a request for approval to issue a subpoena 
     submitted by an Inspector General under paragraph (1), the 
     Subpoena Panel shall--
       ``(i) request that information; and
       ``(ii) approve or deny the request for approval submitted 
     by the Inspector General not later than 20 days after the 
     Subpoena Panel submits the request for information under 
     clause (i).
       ``(3) Approval by panel.--If all members of the Subpoena 
     Panel unanimously approve a request for approval to issue a 
     subpoena submitted by an Inspector General under paragraph 
     (1), the Inspector General may issue the subpoena.
       ``(4) Notice to council and attorney general.--Upon 
     issuance of a subpoena by an Inspector General under 
     subsection (b), the Inspector General shall provide 
     contemporaneous notice of such issuance to the Chairperson or 
     a designee of the Chairperson and to the Attorney General.
       ``(f) Semiannual Reporting.--On or before May 31, 2022, and 
     every 6 months thereafter, the Council of the Inspectors 
     General on Integrity and Efficiency shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on Oversight and Reform of the 
     House of Representatives, and the Comptroller General of the 
     United States a report on the use of subpoenas described in 
     subsection (b) in any audit, inspection, evaluation, or 
     investigation that concluded during the immediately preceding 
     6-month periods ending March 31 and September 30, which shall 
     include--
       ``(1) a list of each Inspector General that has submitted a 
     request for approval of a subpoena to the Subpoena Panel;
       ``(2) for each applicable Inspector General, the number of 
     subpoenas submitted to the Subpoena Panel, approved by the 
     Subpoena Panel, and disapproved by the Subpoena Panel;
       ``(3) for each subpoena submitted to the Subpoena Panel for 
     approval--
       ``(A) an anonymized description of the individual or 
     organization to whom the subpoena was directed;
       ``(B) the date on which the subpoena request was sent to 
     the Attorney General, the date on which the Attorney General 
     responded, and whether the Attorney General provided 
     information regarding the subpoena request, including whether 
     the Attorney General opposed issuance of the proposed 
     subpoena;
       ``(C) the members of the Subpoena Panel considering the 
     subpoena;
       ``(D) the date on which the subpoena request was sent to 
     the Subpoena Panel, the date on which the Subpoena Panel 
     approved or disapproved the subpoena request, and the 
     decision of the Subpoena Panel; and
       ``(E) the date on which the subpoena was issued, if 
     approved; and
       ``(4) any other information the Council of the Inspectors 
     General on Integrity and Efficiency considers appropriate to 
     include.
       ``(g) Training and Standards.--The Council of the 
     Inspectors General on Integrity and Efficiency, in 
     consultation with the Attorney General, 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.
       ``(h) 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.
       ``(i) Termination.--The authorities provided under 
     subsection (b) shall terminate on January 1, 2027, provided 
     that this subsection shall not affect the enforceability of a 
     subpoena issued on or before December 31, 2026.'';
       (2) in section 5(a), as amended by section 903 of this 
     Act--
       (A) in paragraph (16)(B), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (B) by adding at the end the following:
       ``(17) 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''.

     SEC. 5113. REVIEW BY THE COMPTROLLER GENERAL.

       Not later than January 1, 2026, the Comptroller General of 
     the United States shall submit to the appropriate 
     congressional committees a report reviewing the use of 
     testimonial subpoena authority, which shall include--
       (1) a summary of the information included in the semiannual 
     reports to Congress under section 6A(f) of the Inspector 
     General Act of 1978 (5 U.S.C. App.), as added by this title, 
     including an analysis of any patterns and trends identified 
     in the use of the authority during the reporting period;
       (2) a review of subpoenas issued by inspectors general on 
     and after the date of enactment of this Act to evaluate 
     compliance with this Act by the respective inspector general, 
     the Subpoena Panel, and the Council of the Inspectors General 
     on Integrity and Efficiency; and
       (3) any additional analysis, evaluation, or recommendation 
     based on observations or information gathered by the 
     Comptroller General of the United States during the course of 
     the review.

      TITLE LII--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL

     SEC. 5121. SHORT TITLE.

       This title may be cited as the ``Inspector General Access 
     Act of 2021''.

     SEC. 5122. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.

       Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``and paragraph (3)'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (D) in paragraph (4), as redesignated, by striking 
     ``paragraph (4)'' and inserting ``paragraph (3)''; and
       (2) in subsection (d), by striking ``, except with respect 
     to allegations described in subsection (b)(3),''.

  TITLE LIII--REVIEW RELATING TO AFGHANISTAN RESETTLEMENT AND SPECIAL 
                         IMMIGRANT VISA PROGRAM

     SEC. 5131. REVIEW RELATING TO VETTING, PROCESSING, AND 
                   RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND 
                   THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM.

       (a) In General.--In accordance with the Inspector General 
     Act of 1978 (5 U.S.C. App.), the Inspector General of the 
     Department of Homeland Security, jointly with the Inspector 
     General of the Department of State, and in coordination with 
     any appropriate inspector general established by that Act or 
     section 103H of the National Security Act of 1947

[[Page S8392]]

     (50 U.S.C. 3033), shall conduct a thorough review of efforts 
     to support and process evacuees from Afghanistan and the 
     Afghanistan special immigrant visa program.
       (b) Elements.--The review required by subsection (a) shall 
     include an assessment of the systems, staffing, policies, and 
     programs used--
       (1) to the screen and vet such evacuees, including--
       (A) an assessment of whether personnel conducting such 
     screening and vetting were appropriately authorized and 
     provided with training, including training in the detection 
     of fraudulent personal identification documents;
       (B) an analysis of the degree to which such screening and 
     vetting deviated from United States law, regulations, policy, 
     and best practices relating to--
       (i) the screening and vetting of parolees, refugees, and 
     applicants for United States visas that have been in use at 
     any time since January 1, 2016, particularly for individuals 
     from countries with active terrorist organizations; and
       (ii) the screening and vetting of parolees, refugees, and 
     applicants for United States visas pursuant to any mass 
     evacuation effort since 1975, particularly for individuals 
     from countries with active terrorist organizations;
       (C) an identification of any risk to the national security 
     of the United States posed by any such deviations;
       (D) an analysis of the processes used for evacuees 
     traveling without personal identification records, including 
     the creation or provision of any new identification records 
     to such evacuees; and
       (E) an analysis of the degree to which such screening and 
     vetting process was capable of detecting--
       (i) instances of human trafficking and domestic abuse;
       (ii) evacuees who are unaccompanied minors; and
       (iii) evacuees with a spouse that is a minor;
       (2) to admit and process such evacuees at United States 
     ports of entry;
       (3) to temporarily house such evacuees prior to 
     resettlement;
       (4) to account for the total number of individual evacuated 
     from Afghanistan in 2021 with support of the United States 
     Government, disaggregated by--
       (A) country of origin;
       (B) age;
       (C) gender;
       (D) eligibility for special immigrant visas under the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) or section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; 
     Public Law 109-163) at the time of evacuation;
       (E) eligibility for employment-based nonimmigrant visas at 
     the time of evacuation; and
       (F) familial relationship to evacuees who are eligible for 
     visas described in subparagraphs (D) and (E); and
       (5) to provide eligible individuals with special immigrant 
     visas under the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note; Public Law 111-8) and section 1059 of the 
     National Defense Authorization Act for Fiscal Year 2006 (8 
     U.S.C. 1101 note; Public Law 109-163) since the date of the 
     enactment of the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note; Public Law 111-8), including--
       (A) a detailed step-by-step description of the application 
     process for such special immigrant visas, including the 
     number of days allotted by the United States Government for 
     the completion of each step;
       (B) the number of such special immigrant visa applications 
     received, approved, and denied, disaggregated by fiscal year;
       (C) the number of such special immigrant visas issued, as 
     compared to the number available under law, disaggregated by 
     fiscal year;
       (D) an assessment of the average length of time taken to 
     process an application for such a special immigrant visa, 
     beginning on the date of submission of the application and 
     ending on the date of final disposition, disaggregated by 
     fiscal year;
       (E) an accounting of the number of applications for such 
     special immigrant visas that remained pending at the end of 
     each fiscal year;
       (F) an accounting of the number of interviews of applicants 
     for such special immigrant visas conducted during each fiscal 
     year;
       (G) the number of noncitizens who were admitted to the 
     United States pursuant to such a special immigrant visa 
     during each fiscal year;
       (H) an assessment of the extent to which each participating 
     department or agency of the United States Government, 
     including the Department of State and the Department of 
     Homeland Security, adjusted processing practices and 
     procedures for such special immigrant visas so as to vet 
     applicants and expand processing capacity since the February 
     29, 2020, Doha Agreement between the United States and the 
     Taliban;
       (I) a list of specific steps, if any, taken between 
     February 29, 2020, and August 31, 2021--
       (i) to streamline the processing of applications for such 
     special immigrant visas; and
       (ii) to address longstanding bureaucratic hurdles while 
     improving security protocols;
       (J) a description of the degree to which the Secretary of 
     State implemented recommendations made by the Department of 
     State Office of Inspector General in its June 2020 reports on 
     Review of the Afghan Special Immigrant Visa Program (AUD-
     MERO-20-35) and Management Assistance Report: Quarterly 
     Reporting on Afghan Special Immigrant Visa Program Needs 
     Improvement (AUD-MERO-20-34);
       (K) an assessment of the extent to which challenges in 
     verifying applicants' employment with the Department of 
     Defense contributed to delays in the processing of such 
     special immigrant visas, and an accounting of the specific 
     steps taken since February 29, 2020, to address issues 
     surrounding employment verification; and
       (L) recommendations to strengthen and streamline such 
     special immigrant visa process going forward.
       (c) Interim Reporting.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Homeland Security and the Inspector General of 
     the Department of State shall submit to the appropriate 
     congressional committees not fewer than one interim report on 
     the review conducted under this section.
       (2) Form.--Any report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (3) Definitions.--In this subsection:
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given the term in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.), as amended by this Act.
       (B) Screen; screening.--The terms ``screen'' and 
     ``screening'', with respect to an evacuee, mean the process 
     by which a Federal official determines--
       (i) the identity of the evacuee;
       (ii) whether the evacuee has a valid identification 
     documentation; and
       (iii) whether any database of the United States Government 
     contains derogatory information about the evacuee.
       (C) Vet; vetting.--The term ``vet'' and ``vetting'', with 
     respect to an evacuee, means the process by which a Federal 
     official interviews the evacuee to determine whether the 
     evacuee is who they purport to be, including whether the 
     evacuee poses a national security risk.
       (d) Discharge of Responsibilities.--The Inspector General 
     of the Department of Homeland Security and the Inspector 
     General of the Department of State shall discharge the 
     responsibilities under this section in a manner consistent 
     with the authorities and requirements of the Inspector 
     General Act of 1978 (5 U.S.C. App.) and the authorities and 
     requirements applicable to the Inspector General of the 
     Department of Homeland Security and the Inspector General of 
     the Department of State under that Act.
       (e) Coordination.--Upon request of an Inspector General for 
     information or assistance under subsection (a), the head of 
     any Federal agency involved shall, insofar as is practicable 
     and not in contravention of any existing statutory 
     restriction or regulation of the Federal agency from which 
     the information is requested, furnish to such Inspector 
     General, or to an authorized designee, such information or 
     assistance.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to limit the ability of the Inspector General of 
     the Department of Homeland Security or the Inspector General 
     of the Department of State to enter into agreements to 
     conduct joint audits, inspections, or investigations in the 
     exercise of the oversight responsibilities of the Inspector 
     General of the Department of Homeland Security and the 
     Inspector General of the Department of State, in accordance 
     with the Inspector General Act of 1978 (5 U.S.C. App.), with 
     respect to oversight of the evacuation from Afghanistan, the 
     selection, vetting, and processing of applicants for special 
     immigrant visas and asylum, and any resettlement in the 
     United States of such evacuees.
                                 ______