[Congressional Record Volume 168, Number 62 (Thursday, April 7, 2022)]
[Senate]
[Pages S2078-S2079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRENGTHENING OVERSIGHT FOR VETERANS ACT OF 2021
Mr. MURPHY. Mr. President, I ask unanimous consent that the Senate
[[Page S2079]]
proceed to the immediate consideration of Calendar No. 304, S. 2687.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2687) to provide the Inspector General of the
Department of Veterans Affairs testimonial subpoena
authority, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. MURPHY. Mr. President, I ask unanimous consent that the Tester
substitute amendment at the desk be considered and agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5024) in the nature of a substitute was agreed to,
as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
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.
``(7)(A) The authority provided by paragraph (1)(A) shall
terminate on May 31, 2025.
``(B) The termination of authority by subparagraph (A)
shall not affect the enforceability of a subpoena issued
under paragraph (1)(A) before the date of such
termination.''.
(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.
Mr. MURPHY. Mr. President, I ask unanimous consent that the bill, as
amended, be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. MURPHY. Mr. President, I know of no further debate on the bill,
as amended.
The PRESIDING OFFICER. Is there further debate?
Hearing none, the bill having been read the third time, the question
is, Shall the bill pass?
The bill (S. 2687), as amended, was passed.
Mr. MURPHY. Mr. President, I ask that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
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