§312 — Title 38 Veterans' Benefits | U.S. Code

Summary

The President must appoint an Inspector General for the Department, with the Senate’s approval. That Inspector General acts under the Inspector General Act and must follow its duties. The Department must keep at least 40 more full-time jobs in the Inspector General’s office than it had on March 15, 1989. Each year the President’s budget must include enough money to pay for the number of full-time jobs that existed on March 15, 1989, plus 40. When the Inspector General produces a report or other work product, the IG must send it to the Secretary, to the following Senate committees: Veterans’ Affairs, Homeland Security and Governmental Affairs, and Appropriations; and to the following House committees: Veterans’ Affairs, Oversight and Government Reform, and Appropriations. If someone asked for the work, that person must get it. Any Member of Congress can ask for it and receive it. Final reports sent to the Secretary must be posted on the Inspector General’s website within 3 days. The IG may use subpoenas to require witness testimony for its duties, but not for current federal employees or for witnesses in criminal cases, and the IG cannot give that subpoena power to someone else. The IG must tell the Attorney General before issuing a subpoena. The Attorney General has 10 days to object in writing if the subpoena would hurt an ongoing investigation; if the Attorney General objects, the IG cannot issue it. The IG should try to notify witnesses first, give them a chance to testify voluntarily, and, when possible, go to the witness’s home or workplace to take testimony. Every six months the IG must report how many subpoenas were used, how many people were interviewed, how many proposed subpoenas the Attorney General objected to, and any problems the IG faced. The subpoena power ends on September 30, 2026, but subpoenas issued before then can still be enforced.

Title 38, §312

Veterans' Benefits — Source: USLM XML via OLRC

(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.11 See References in Text note below.

(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 22 So in original. Probably should be preceded by “the”. 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Inspector General Act of 1978 and that Act, referred to in subsecs. (a) and (d)(1)(A), (6)(A), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. section 5(b) of the Act was repealed and restated as section 405(c) of Title 5. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5.

Prior Provisions

Prior section 312 was renumbered section 1112 of this title. Provisions similar to those in this section were contained in section 9(b) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).

Amendments

2025—Subsec. (d)(7)(A). Pub. L. 119–37 substituted “

September 30, 2026” for “

September 30, 2025”. 2024—Subsec. (d)(7)(A). Pub. L. 118–83 substituted “

September 30, 2025” for “

May 31, 2025”. 2022—Subsec. (a). Pub. L. 117–286, § 4(b)(60)(A), substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (5 U.S.C. App.).” Subsec. (c)(1). Pub. L. 117–286, § 4(b)(60)(B), substituted “chapter 4 of title 5,” for “the Inspector General Act of 1978 (5 U.S.C. App.),”. Subsec. (d). Pub. L. 117–136 added subsec. (d). 2016—Subsec. (c)(1). Pub. L. 114–223, in introductory provisions, struck out “that makes a recommendation or otherwise suggests corrective action,” after “work product”. 2015—Subsec. (c). Pub. L. 114–113 added subsec. (c). 1994—Subsec. (a). Pub. L. 103–446, § 1201(e)(3), substituted “(5 U.S.C. App.)” for “(5 U.S.C. App. 3)”. Subsec. (b)(3). Pub. L. 103–446, § 1201(g)(1), struck out par. (3) which read as follows: “The Secretary shall provide the number of additional full-time positions in the Office of Inspector General required by paragraph (1) not later than

September 30, 1991.”

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Effective Date

of 2025 AmendmentAmendment by Pub. L. 119–37 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 119–37, set out as a note under section 111A of this title.

Effective Date

of 2022 Amendment Pub. L. 117–136, § 2(b),

June 7, 2022, 136 Stat. 1252, provided that: “(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 [

June 7, 2022]. “(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.” Department of Veterans Affairs Employee Training Regarding Office of Inspector General Pub. L. 118–210, title V, § 501, Jan. 2, 2025, 138 Stat. 2797, provided that: “(a) Training.—The Secretary of Veterans Affairs shall require each employee of the Department of Veterans Affairs who begins employment with the Department on or after the date of the enactment of this Act [Jan. 2, 2025] to receive training that the Inspector General of the Department shall develop on the reporting of wrongdoing to, responding to requests from, and the duty of cooperating with the Office of Inspector General of the Department. “(b) Timing of Training.—In carrying out subsection (a), the Secretary shall require each employee of the Department covered under such subsection to undergo the training required by such subsection not later than one year after the date on which the employee begins employment with the Department. “(c) Elements.—Training developed and required under subsection (a) shall include the following:“(1) Definition of the role, responsibilities, and legal authority of the Inspector General of the Department and the duties of employees of the Department for engaging with the Office of Inspector General. “(2) Identification of Federal whistleblower protection rights, including the right to report fraud, waste, abuse, and other wrongdoing to Congress. “(3) Identification of the circumstances and mechanisms for reporting fraud, waste, abuse, and other wrongdoing to the Inspector General, including making confidential complaints to the Inspector General. “(4) Identification of the prohibitions and remedies that help to protect employees of the Department from retaliation when reporting wrongdoing to the Inspector General. “(5) Recognition of opportunities to engage with staff of the Office of Inspector General to improve programs, operations, and services of the Department. “(6) Notification of the authority of the Inspector General to subpoena the attendance and testimony of witnesses, including former employees of the Department, as necessary to carry out the duties of the Office of Inspector General under section 312 of title 38, United States Code. “(d) Design and Update.—The Inspector General of the Department shall design, and update as the Inspector General considers appropriate, the training developed and required by subsection (a). “(e) System.—The Secretary shall provide, via the talent management system of the Department, or successor system, the training developed and required under subsection (a). “(f) Relation to Certain Training.—The Secretary shall ensure that training developed and required under subsection (a) is separate and distinct from training provided under section 733 of title 38, United States Code. “(g) Notice to Employees.—The Secretary shall ensure that the Inspector General is afforded the opportunity, not less frequently than twice each year and more frequently if the Inspector General considers appropriate under extraordinary circumstances, to use the electronic mail system of the Department to notify all authorized users of such system of the following:“(1) The roles and responsibilities of the employees of the Department when engaging with the Office of Inspector General. “(2) The availability of training provided under subsection (a). “(3) How to access training provided under subsection (a). “(4) Information about how to contact the Office of Inspector General, including a link to any website-based reporting form of the Office.”

§312 Inspector General

Summary

Title 38, §312

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Citations & Metadata