[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:
---------------------------------------------------------------------------
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.
<all>