II 

Calendar No. 304 

117TH CONGRESS 

2D SESSION S. 2687 

To provide the Inspector General of the Department of Veterans Affairs 

testimonial subpoena authority, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 10, 2021 

Mr. TESTER (for himself, Mr. BOOZMAN, and Mr. MANCHIN) introduced the 

following bill; which was read twice and referred to the Committee on 

Veterans’ Affairs 

MARCH 10 (legislative day, MARCH 7), 2022 

Reported by Mr. TESTER, without amendment 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Over5 sight for Veterans Act of 2021’’. 


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1 SEC. 2. TESTIMONIAL SUBPOENA AUTHORITY OF THE IN2 SPECTOR GENERAL OF THE DEPARTMENT OF 

3 VETERANS AFFAIRS. 

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

5 States Code, is amended by adding at the end the fol6 lowing new subsection: 

7 ‘‘(d)(1)(A) In addition to the authority otherwise pro8 vided by the Inspector General Act of 1978 (5 U.S.C. 

9 App.) and in accordance with the requirements of this sub10 section, the Inspector General, in carrying out the provi11 sions of this section, may require by subpoena the attend12 ance and testimony of witnesses as necessary in the per13 formance of the functions assigned to the Inspector Gen14 eral by the Inspector General Act of 1978 (5 U.S.C. App.) 

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

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

17 any appropriate district court of the United States. 

18 ‘‘(B) The Inspector General may not require by sub19 poena the attendance and testimony under subparagraph 

20 (A) of— 

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

22 ‘‘(ii) any witness as part of any criminal pro23 ceeding. 

24 ‘‘(2) The authority to issue a subpoena under para25 graph (1) may not be delegated. 


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1 ‘‘(3)(A) The Inspector General shall notify the Attor2 ney General of the intent to issue a subpoena under para3 graph (1). 

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

5 the Attorney General is notified pursuant to subparagraph 

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

7 issuance of the subpoena if the subpoena will interfere 

8 with an ongoing investigation and, if the Attorney General 

9 makes such an objection, the Inspector General may not 

10 issue the subpoena. 

11 ‘‘(C) If the Attorney General does not object in writ12 ing to the issuance of the subpoena during the 10-day pe13 riod described in subparagraph (B), the Inspector General 

14 may issue the subpoena. 

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

16 (1) the attendance and testimony of a witness, the Inspec17 tor General shall, to the degree practicable— 

18 ‘‘(A) notify the witness of the intent of the In19 spector General to issue the subpoena; and 

20 ‘‘(B) provide the witness an opportunity to at21 tend and testify voluntarily. 

22 ‘‘(5) Whenever requiring by subpoena under para23 graph (1) the attendance and testimony of a witness, the 

24 Inspector General shall, to the greatest extent practicable, 

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


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

2 in proximity to the residence of the witness. 

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

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

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

6 Inspector General shall include a report on the exercise 

7 of the authority provided by paragraph (1). 

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

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

10 period, the following: 

11 ‘‘(i) The number of testimonial subpoenas 

12 issued and the number of individuals interviewed 

13 pursuant to such subpoenas. 

14 ‘‘(ii) The number of proposed testimonial sub15 poenas with respect to which the Attorney General 

16 objected under paragraph (3)(B). 

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

18 that the Inspector General has encountered exer19 cising the authority provided by paragraph (1). 

20 ‘‘(iv) Such other matters as the Inspector Gen21 eral considers appropriate.’’. 

22 (b) EFFECTIVE DATE.— 

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

24 312 of title 38, United States Code, as added by 


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

2 enactment of this Act. 

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

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

5 apply beginning on the date that is seven months 

6 after the first day of the first fiscal year beginning 

7 after the date of the enactment of this Act. 


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Calendar No. 304 

117TH CONGRESS 

2D SESSION S. 2687 

A BILL 

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

MARCH 10 (legislative day, MARCH 7), 2022 

Reported without amendment 


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