117TH CONGRESS 

2D SESSION S. 2687 

AN ACT 

To provide the Inspector General of the Department of Veterans Affairs testimonial subpoena authority, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 2687 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening Over3 sight for Veterans Act of 2021’’. 

4 SEC. 2. TESTIMONIAL SUBPOENA AUTHORITY OF THE IN5 SPECTOR GENERAL OF THE DEPARTMENT OF 

6 VETERANS AFFAIRS. 

7 (a) IN GENERAL.—Section 312 of title 38, United 

8 States Code, is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(d)(1)(A) In addition to the authority otherwise pro11 vided by the Inspector General Act of 1978 (5 U.S.C. 

12 App.) and in accordance with the requirements of this sub13 section, the Inspector General, in carrying out the provi14 sions of this section, may require by subpoena the attend15 ance and testimony of witnesses as necessary in the per16 formance of the functions assigned to the Inspector Gen17 eral by the Inspector General Act of 1978 (5 U.S.C. App.) 

18 and this section, which in the case of contumacy or refusal 

19 to obey, such subpoena shall be enforceable by order of 

20 any appropriate district court of the United States. 

21 ‘‘(B) The Inspector General may not require by sub22 poena the attendance and testimony under subparagraph 

23 (A) of— 

24 ‘‘(i) any current Federal employee; or 

25 ‘‘(ii) any witness as part of any criminal pro26 ceeding. 
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1 ‘‘(2) The authority to issue a subpoena under para2 graph (1) may not be delegated. 

3 ‘‘(3)(A) The Inspector General shall notify the Attor4 ney General of the intent to issue a subpoena under para5 graph (1). 

6 ‘‘(B) Not later than 10 days after the date on which 

7 the Attorney General is notified pursuant to subparagraph 

8 (A), the Attorney General may object in writing to the 

9 issuance of the subpoena if the subpoena will interfere 

10 with an ongoing investigation and, if the Attorney General 

11 makes such an objection, the Inspector General may not 

12 issue the subpoena. 

13 ‘‘(C) If the Attorney General does not object in writ14 ing to the issuance of the subpoena during the 10-day pe15 riod described in subparagraph (B), the Inspector General 

16 may issue the subpoena. 

17 ‘‘(4) Before requiring by subpoena under paragraph 

18 (1) the attendance and testimony of a witness, the Inspec19 tor General shall, to the degree practicable— 

20 ‘‘(A) notify the witness of the intent of the In21 spector General to issue the subpoena; and 

22 ‘‘(B) provide the witness an opportunity to at23 tend and testify voluntarily. 

24 ‘‘(5) Whenever requiring by subpoena under para25 graph (1) the attendance and testimony of a witness, the 
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†S 2687 ES

1 Inspector General shall, to the greatest extent practicable, 

2 travel to residence of the witness, the principal place of 

3 business of the witness, or other similar location that is 

4 in proximity to the residence of the witness. 

5 ‘‘(6)(A) Along with each semiannual report submitted 

6 by the Inspector General pursuant to section 5(b) of the 

7 Inspector General Act of 1978 (5 U.S.C. App. 5(b)), the 

8 Inspector General shall include a report on the exercise 

9 of the authority provided by paragraph (1). 

10 ‘‘(B) Each report submitted under subparagraph (A) 

11 shall include, for the most recently completed six-month 

12 period, the following: 

13 ‘‘(i) The number of testimonial subpoenas 

14 issued and the number of individuals interviewed 

15 pursuant to such subpoenas. 

16 ‘‘(ii) The number of proposed testimonial sub17 poenas with respect to which the Attorney General 

18 objected under paragraph (3)(B). 

19 ‘‘(iii) A discussion of any challenges or concerns 

20 that the Inspector General has encountered exer21 cising the authority provided by paragraph (1). 

22 ‘‘(iv) Such other matters as the Inspector Gen23 eral considers appropriate. 

24 ‘‘(7)(A) The authority provided by paragraph (1)(A) 

25 shall terminate on May 31, 2025. 
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1 ‘‘(B) The termination of authority by subparagraph 

2 (A) shall not affect the enforceability of a subpoena issued 

3 under paragraph (1)(A) before the date of such termi4 nation.’’. 

5 (b) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—Subsection (d) of section 

7 312 of title 38, United States Code, as added by 

8 subsection (a), shall take effect on the date of the 

9 enactment of this Act. 

10 (2) SEMIANNUAL REPORT.—Paragraph (6) of 

11 subsection (d) of such section, as so added, shall 

12 apply beginning on the date that is seven months 

13 after the first day of the first fiscal year beginning 

14 after the date of the enactment of this Act. 

Passed the Senate April 7, 2022. 

Attest: 

Secretary. 
117TH CONGRESS 

2D SESSION S. 2687 

AN ACT 

To provide the Inspector General of the Departauthority, and for other purposes. ment of Veterans Affairs testimonial subpoena