S. 2687 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

An Act 

To provide the Inspector General of the Department of Veterans Affairs testimonial 

subpoena authority, and for other purposes. 

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— 
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‘‘(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)-
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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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.