S.Amdt. 1691

1. Adds SEC. ___. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT TASK FORCE MODIFICATIONS wherever appropriate

   Adds a section

   Inserted: SEC. ___. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT TASK FORCE MODIFICATIONS.

   Inserted: (a) Hearings and Evidence.--

   Inserted: (1) In general.--Notwithstanding section 1113(b)(1), the Department of Homeland Security Border Oversight Task Force established under section 1113 (referred to in this section as the "DHS Task Force") or, on the authority of the DHS Task Force, any portion of the DHS Task Force, may, for the purpose of carrying out this section--

   Inserted: (A) hold hearings, sit and act, take testimony, receive evidence, administer oaths; and

   Inserted: (B) subject to subsection (b), require, by subpoena or otherwise provide for, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the DHS Task Force, or such portion thereof, may determine advisable.

   Inserted: (2) Open to the public.--Hearings and other activities conducted under paragraph (1) shall be open to the public unless the DHS Task Force, or, on the authority of the DHS Task Force, any portion of the DHS Task Force, determines that such is not appropriate, including for reasons relating to the disclosure of information or material regarding the national security interests of the United States or the disclosure of sensitive law enforcement data.

   Inserted: (b) Subpoenas.--

   Inserted: (1) Issuance.--

   Inserted: (A) In general.--A subpoena may be issued under this subsection only--

   Inserted: (i) by the agreement of the Chair and the Vice Chair; or

   Inserted: (ii) by the affirmative recorded vote of 16 members of the DHS Task Force.

   Inserted: (B) Signature.--Subpoenas issued under this subsection may be--

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   Inserted: (i) issued under the signature of the Chair and Vice Chair or any member designated by a majority of the DHS Task Force; and

   Inserted: (ii) served by any person designated by the Chair and Vice Chair or by any member designated by a majority of the DHS Task Force.

   Inserted: (2) Enforcement.--

   Inserted: (A) In general.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as contempt of that court.

   Inserted: (B) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena, the Task Force may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194).

   Inserted: (c) Sunset.--Notwithstanding section 1113(e), the DHS Task Force shall continue operations indefinitely.

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   Original wording

   At the appropriate place, insert the following:

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As printed