S. 2687Senate117th Congress (2021-2023)Enacted

Strengthening Oversight for Veterans Act of 2021

Sponsored by Jon TesterSen. Jon Tester (D-MT)
Introduced August 10, 2021

AI-Generated Summary

Updated February 8, 2026 at 6:16 AM UTC

The Strengthening Oversight for Veterans Act of 2021 gives the Inspector General (IG) of the Department of Veterans Affairs the power to issue testimonial subpoenas to compel witnesses to appear and testify. The law sets limits on who can be subpoenaed, requires coordination with the Attorney General, and mandates regular reporting on the use of this authority. It applies to the VA IG, any witnesses they may subpoena, and the Attorney General’s office, and the authority expires on May 31, 2025.

Key Provisions

  • Adds a new subsection to 38 U.S.C. §312 allowing the VA IG to issue subpoenas for testimony, enforceable by district courts.
  • Prohibits the IG from subpoenaing current federal employees or witnesses involved in criminal proceedings.
  • Bars delegation of the subpoena authority to anyone else.
  • Requires the IG to notify the Attorney General before issuing a subpoena; the Attorney General can object in writing within 10 days if it would interfere with an ongoing investigation, which stops the subpoena.
  • Mandates that the IG notify the witness of the intended subpoena, offer a chance to testify voluntarily, and travel to a location convenient for the witness when possible.
  • Requires the IG to include in semiannual reports the number of subpoenas issued, any Attorney General objections, challenges faced, and other relevant information.
  • Sets the subpoena authority to expire on May 31, 2025, while preserving enforceability of subpoenas issued before that date.

Legislative Activity

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21 earlier actions
Became Law Latest Action

Became Public Law No: 117-136.

June 7, 2022

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SenateIntro Referral

Introduced in Senate

August 10, 2021

SenateIntro Referral

Read twice and referred to the Committee on Veterans' Affairs.

August 10, 2021

SenateCommittee

Committee on Veterans' Affairs. Hearings held.

November 17, 2021

SenateCommittee

Committee on Veterans' Affairs. Ordered to be reported without amendment favorably.

December 15, 2021

SenateCommittee

Committee on Veterans' Affairs. Reported by Senator Tester without amendment. Without written report.

March 10, 2022

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 304.

March 10, 2022

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S2078-2079)

April 7, 2022

SenateFloor

Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S2079)

April 7, 2022

SenateFloor

Message on Senate action sent to the House.

April 8, 2022

HouseFloor

Received in the House.

April 11, 2022 • 10:32 AM

HouseFloor

Held at the desk.

April 11, 2022 • 10:41 AM

HouseFloor

Mr. Trone moved to suspend the rules and pass the bill.

May 16, 2022 • 4:05 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H4999-5000)

May 16, 2022 • 4:05 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 2687.

May 16, 2022 • 4:05 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

May 16, 2022 • 4:10 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5083-5084)

May 17, 2022 • 8:12 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 404 - 6 (Roll no. 204).

May 17, 2022 • 8:22 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 404 - 6 (Roll no. 204). (text: 05/16/2022 CR H4999)

May 17, 2022 • 8:22 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 17, 2022 • 8:22 PM

President

Presented to President.

June 6, 2022

Became Law

Signed by President.

June 7, 2022

Became Law

Became Public Law No: 117-136.

June 7, 2022

Floor Debate

4 members

What members said about S. 2687 on the floor

2 Republicans2 Democrats
David J. Trone
Rep. David J. TroneD-MD-6 · May 16, 2022

Madam Speaker, I move to suspend the rules and pass the bill (S. 2687) to provide the Inspector General of the Department of Veterans Affairs testimonial subpoena authority, and for other purposes.…

Mike Bost
Rep. Mike BostR-IL-12 · May 16, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in support of S. 2687, which would provide the VA inspector general with limited subpoena power. In some…

Christopher Murphy
Sen. Christopher MurphyD-CT · Apr 7, 2022

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 304, S. 2687. Mr. President, I ask unanimous consent that the Tester substitute amendment…

Dan Bishop
Rep. Dan BishopR-NC-9 · May 16, 2022

Madam Speaker, on that I demand the yeas and nays.

Bill Text

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One Hundred Seventeenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two

S. 2687

AN ACT

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

1.

Short title

This Act may be cited as the Strengthening Oversight for Veterans Act of 2021.

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—

(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)


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