[Congressional Record Volume 168, Number 62 (Thursday, April 7, 2022)]
[Senate]
[Pages S2101-S2102]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5024. Mr. MURPHY (for Mr. Tester (for himself, Mr. Boozman, and
Mr. Manchin)) proposed an amendment to the bill S. 2687, to provide the
Inspector General of the Department of Veterans Affairs testimonial
subpoena authority, and for other purposes; as follows:
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
[[Page S2102]]
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.
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