[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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