[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.
                                 ______