Public Law 117-136 passed June 7, 2022
Strengthening Oversight for Veterans Act of 2021
Testimonial Subpoena Authority of the Inspector General of the Department of Veterans Affairs
General
Section 312 title 38 United States Code amended by adding a new subsection-
“(d)(1)(A) In addition to the Inspector General Act of 1978 (5 USC App) and requirements of this subsection, the Inspector General may require by subpoena the attendance and testimony of witnesses in the performance of the functions assigned to the Inspector General, which in the case of contumacy or refusal to obey shall be enforceable by order of a district court of the United States.
The Inspector General may NOT require a subpoena of-
Any current Federal employee
Any witness part of any criminal proceeding
The authority to issue a subpoena may NOT be delegated.
The Inspector General will notify the Attorney General the intent of the subpoena no later than 10 days after notification. The Attorney General may object in writing to the issuance of the subpoena if it interferes with an ongoing investigation and if the Attorney General makes an objection then the Inspector General may NOT issue a subpoena.
If there is no objection then the Inspector General can issue the subpoena.
Before requiring the subpoena, the Inspector General shall, notify the witness of the internet of the subpoena and provide the witness the opportunity to attend and testify voluntarily.
When requiring a witness to attend and testify, the Inspector General shall travel to the residence of the witness, the business or a similar location in proximity to the residence of the witness.
Along with the semiannual report submitted by the Inspector General following section 5(b) of the Inspector General Act of 1978 (5 USC App. 5(b)), shall include:
The number of testimonial and number of individuals interviewed following subpoenas issued.
The number of subpoenas rejected by the Attorney General.
Discussion of any challenges or concerns the Inspector General has encountered exercising authority.
Other matters the Inspector General deems appropriate.
Authority provided will TERMINATE May 31, 2025. The termination of authority will NOT affect the enforceability of a subpoena issued before the date of such termination.
Effective Date
Subsection (d) section 312 title 38, USC, added by subsection (a) shall take effect on the date of the enactment of this Act.
Semiannual Report
Beginning on the date hat is 7 months after the first day of the first fiscal year beginning after the date of the enactment of this Act.