[Congressional Record Volume 168, Number 83 (Monday, May 16, 2022)]
[House]
[Pages H4999-H5000]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRENGTHENING OVERSIGHT FOR VETERANS ACT OF 2021
Mr. TRONE. Madam Speaker, I move to suspend the rules and pass the
bill (S. 2687) to provide the Inspector General of the Department of
Veterans Affairs testimonial subpoena authority, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2687
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.
The SPEAKER pro tempore (Ms. Garcia of Texas). Pursuant to the rule,
the gentleman from Maryland (Mr. Trone) and the gentleman from Illinois
(Mr. Bost) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. TRONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material on S. 2687.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. TRONE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of this bipartisan bill, S. 2687,
the Strengthening Oversight for Veterans Act, introduced by Senator
Tester. I thank Representative Rice and Delegate Radewagen for
introducing the House companion to this bill.
This bill seeks to strengthen the VA Office of the Inspector General
by granting the office testimonial subpoena authority, an essential
tool for conducting oversight.
Too often, individuals with important information relevant to an
investigation retire or move to a position in another agency, thereby
evading OIG investigations. Currently, the inspector general cannot
require testimony of these former employees. Questioning these
individuals could shed light on wrongdoing or mismanagement that puts
the care and safety of our veterans and their families at risk.
This bill has bipartisan support in Congress as well as from Veterans
of Foreign Wars, Iraq and Afghanistan Veterans of America, and the
Project on Government Oversight.
Again, Madam Speaker, I urge my colleagues to support the
legislation. I reserve the balance of my time.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of S. 2687, which would
provide the VA inspector general with limited subpoena power. In some
investigations, VA employees who may have important information have
left the Department. At that point, the inspector general has no
authority to compel their
[[Page H5000]]
testimony, which can leave investigations weak or incomplete. This bill
would give the inspector general the authority to subpoena those former
employees.
However, this authority is not without checks and balances. The bill
would require the IG to notify the Attorney General before using the
subpoena. The Attorney General may object and prevent the IG from
issuing the subpoena if doing so would interfere with an ongoing
investigation.
This authority would sunset in May of 2025 and would require Congress
to then evaluate the need for this authority and if it should be
continued. This is a good bill to expand oversight of the VA, and it
has my full support.
Madam Speaker, I encourage my colleagues to support this bill, and I
yield back the balance of my time.
Mr. TRONE. Madam Speaker, I ask all of my colleagues to join me in
passing S. 2687, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Trone) that the House suspend the rules
and pass the bill, S. 2687.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of North Carolina. Madam Speaker, on that I demand the
yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
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