Strengthening Oversight for Veterans Act of 2021
Bill: S.2687 | Sponsor: Sen. Tester, Jon (D-MT)
Policy area: Armed Forces and National Security

Summary:
Strengthening Oversight for Veterans Act of 2021
This bill gives the Department of Veterans Affairs Office of Inspector General (VA OIG) the authority to subpoena the attendance and testimony of witnesses as necessary to carry out the duties of the office. Such authority terminates on May 31, 2025, but subpoenas issued prior to that date shall be unaffected by the termination.
The bill prohibits the VA OIG from subpoenaing the attendance and testimony of current federal employees or witnesses as part of any criminal proceeding.
Under the bill, the VA OIG must notify the Department of Justice (DOJ) and the intended witness of the intent to issue a subpoena. If DOJ objects to the subpoena because it will interfere with an ongoing investigation, the VA OIG may not issue the subpoena.

[117th Congress Public Law 136]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 1251]]

Public Law 117-136
117th Congress

                                 An Act


 
 To provide the Inspector General of the Department of Veterans Affairs 
testimonial subpoena authority, and for other purposes. <<NOTE: June 7, 
                          2022 -  [S. 2687]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Strengthening 
Oversight for Veterans Act of 2021. 38 USC 101 note.>> 
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) <<NOTE: Notification.>>  The Inspector General shall notify 
the Attorney General of the intent to issue a subpoena under paragraph 
(1).

    ``(B) <<NOTE: Time period.>>  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--

[[Page 136 STAT. 1252]]

            ``(A) <<NOTE: Notification.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Termination date.>>  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) <<NOTE: 38 USC 312 note.>>  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) <<NOTE: Applicability.>>  Semiannual report.--Paragraph 
        (6) of subsection (d)

[[Page 136 STAT. 1253]]

        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.

    Approved June 7, 2022.

LEGISLATIVE HISTORY--S. 2687:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Apr. 7, considered and passed Senate.
            May 16, 17, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
            June 7, Presidential remarks.

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