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38 U.S.C. § 312 — Inspector General

submitted 35 years ago by Pub. L. 102-83 to r/title-38-VETERANS-BENEFITS · 901 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates a Senate-confirmed Inspector General for the Department of Veterans Affairs, with at least 40 extra staff positions beyond 1989 levels. It requires the Inspector General to send finished reports to Congress, the Secretary, and requesters, and to post them online within 3 days. It also gives the Inspector General limited subpoena power for witness testimony, subject to Justice Department review, through September 30, 2026.

(a) There's an Inspector General in the Department, appointed by the President with Senate confirmation, under chapter 4 of Title 5. The Inspector General does the job and has the powers that law gives.

(b) (1) The Secretary must provide at least 40 more full-time Inspector General positions than existed on March 15, 1989. (2) Each year's budget request to Congress must include enough money for at least that many positions - the March 15, 1989 count, plus 40.

(c) (1) Whenever the Inspector General finishes a "work product" under chapter 4 of Title 5, the Inspector General must: (A) send it to the Secretary; the Senate Veterans' Affairs, Homeland Security and Governmental Affairs, and Appropriations Committees; the House Veterans' Affairs, Oversight and Government Reform, and Appropriations Committees; whoever requested it, if someone other than the Inspector General asked for it; and any member of Congress who asks; (B) also send final work products to the requester (if any) and to any member of Congress who asks; and (C) post the final work product online within 3 days of sending it to the Secretary. (2) None of this allows publicly releasing information some other law says must stay private.

(d) (1)(A) On top of powers already in the Inspector General Act of 1978, and following the rules in this subsection, the Inspector General can subpoena witnesses to testify, as needed for the job - and a court can enforce that subpoena if someone refuses to comply. (B) But the Inspector General cannot subpoena testimony from a current federal employee, or from anyone as part of a criminal case. (2) This subpoena power can't be handed off to anyone else. (3)(A) The Inspector General must tell the Attorney General before issuing a subpoena. (B) Within 10 days, the Attorney General can object in writing if the subpoena would interfere with an ongoing investigation - and if so, the Inspector General can't issue it. (C) If the Attorney General doesn't object within those 10 days, the Inspector General can issue the subpoena. (4) Before subpoenaing a witness, the Inspector General must, as much as practical, tell the witness a subpoena is coming and give them a chance to testify voluntarily instead. (5) When a subpoena is issued, the Inspector General must, as much as practical, travel to the witness rather than making the witness travel. (6)(A) Every six months, alongside the regular report required under the Inspector General Act, the Inspector General must report on how this subpoena power was used. (B) That report must cover, for the past six months: how many subpoenas were issued and how many people were interviewed under them; how many proposed subpoenas the Attorney General objected to; any challenges or concerns with using this power; and anything else the Inspector General thinks is relevant. (7)(A) This subpoena power ends September 30, 2026. (B) But subpoenas issued before that date stay enforceable even after the power ends.

the actual law source: uscode.house.gov ↗public domain
(a)

There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in chapter 4 of title 5. The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.1

(b)
(1)

The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989.

(2)

The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to section 1105 of title 31 an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40.

(c)
(1)

Whenever the Inspector General, in carrying out the duties and responsibilities established under chapter 4 of title 5, issues a work product the Inspector General shall—

(A)

submit the work product to—

(i)

the Secretary;

(ii)

the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate;

(iii)

the Committee on Veterans’ Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives;

(iv)

if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and

(v)

any Member of Congress upon request; and

(B)

the Inspector General shall submit all final work products to—

(i)

if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and

(ii)

any Member of Congress upon request; and

(C)

not later than 3 days after the work product is submitted in final form to the Secretary, post the work product on the Internet website of the Inspector General.

(2)

Nothing in this subsection shall be construed to authorize the public disclosure of information that is specifically prohibited from disclosure by any other provision of law.

(d)
(1)
(A)

In addition to the authority otherwise provided by the Inspector General Act of 1978 (5 U.S.C. App.) 1 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.) 1 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 2 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)),1 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 September 30, 2026.

(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.

Source credit: (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 383; amended Pub. L. 103–446, title XII, § 1201(e)(3), (g)(1), Nov. 2, 1994, 108 Stat. 4685, 4687; Pub. L. 114–113, div. J, title II, § 239, Dec. 18, 2015, 129 Stat. 2700; Pub. L. 114–223, div. A, title II, § 244, Sept. 29, 2016, 130 Stat. 884; Pub. L. 117–136, § 2(a), June 7, 2022, 136 Stat. 1251; Pub. L. 117–286, § 4(b)(60), Dec. 27, 2022, 136 Stat. 4350; Pub. L. 118–83, div. B, title III, § 332, Sept. 26, 2024, 138 Stat. 1541; Pub. L. 119–37, div. G, title IV, § 7401, Nov. 12, 2025, 139 Stat. 654.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-83 · 105 Stat. 383
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4685, 4687
  • 2015Amended · Pub. L. 114-113 · 129 Stat. 2700
  • 2016Amended · Pub. L. 114-223 · 130 Stat. 884
  • 2022Amended · Pub. L. 117-136 · 136 Stat. 1251
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4350
  • 2024Amended · Pub. L. 118-83 · 138 Stat. 1541
  • 2025Amended · Pub. L. 119-37 · 139 Stat. 654

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-83 on 1991-08-06.

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