2019 US Code
Title 38 - Veterans' Benefits
Part IV - General Administrative Provisions
Chapter 57 - Records and Investigations
Subchapter II - Investigations
Sec. 5711 - Authority to issue subpoenas

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Citation 38 U.S.C. § 5711 (2019)
Section Name §5711. Authority to issue subpoenas
Section Text

(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to—

(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing;

(2) require the production of books, papers, documents, and other evidence;

(3) take affidavits and administer oaths and affirmations;

(4) aid claimants in the preparation and presentation of claims; and

(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department.


(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.

Source Credit

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, §3311; renumbered §5711, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, §14(d)(5)(A), June 13, 1991, 105 Stat. 286.)

Editorial Notes AMENDMENTS

1991—Pub. L. 102–40 renumbered section 3311 of this title as this section.

Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40 by substituting "subpoenas" for "subpenas" in section catchline and amending text generally. Prior to amendment, text read as follows: "For the purposes of the laws administered by the Veterans' Administration, the Administrator, and those employees to whom the Administrator may delegate such authority, to the extent of the authority so delegated, shall have the power to issue subpenas for and compel the attendance of witnesses within a radius of one hundred miles from the place of hearing, to require the production of books, papers, documents, and other evidence, to take affidavits, to administer oaths and affirmations, to aid claimants in the preparation and presentation of claims, and to make investigations and examine witnesses upon any matter within the jurisdiction of the Veterans' Administration. Any person required by such subpena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States."

Publication Title United States Code, 2018 Edition, Supplement 1, Title 38 - VETERANS' BENEFITS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 57 - RECORDS AND INVESTIGATIONS
SUBCHAPTER II - INVESTIGATIONS
Sec. 5711 - Authority to issue subpoenas
Contains section 5711
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 72 Stat. 1237
105 Stat. 238, 286
Public Law References Public Law 85-857, Public Law 102-40, Public Law 102-54
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