38 U.S.C. § 5712 — Validity of affidavits

Page 1093 TITLE 38—VETERANS’ BENEFITS § 5713 ing this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [July 20, 2015].’’ VETERANS IDENTIFICATION CARD; FINDINGS Pub. L. 114–31, § 2(a), July 20, 2015, 129 Stat. 428, pro- vided that: ‘‘Congress makes the following findings: ‘‘(1) Effective on the day before the date of the en- actment of this Act [July 20, 2015], veteran identifica- tion cards were issued to veterans who have either completed the statutory time-in-service requirement for retirement from the Armed Forces or who have received a medical-related discharge from the Armed Forces. ‘‘(2) Effective on the day before the date of the en- actment of this Act, a veteran who served a minimum obligated time in service, but who did not meet the criteria described in paragraph (1), did not receive a means of identifying the veteran’s status as a veteran other than using the Department of Defense form DD–214 discharge papers of the veteran. ‘‘(3) Goods, services, and promotional activities are often offered by public and private institutions to veterans who demonstrate proof of service in the military, but it is impractical for a veteran to always carry Department of Defense form DD–214 discharge papers to demonstrate such proof. ‘‘(4) A general purpose veteran identification card made available to veterans would be useful to dem- onstrate the status of the veterans without having to carry and use official Department of Defense form DD–214 discharge papers. ‘‘(5) On the day before the date of the enactment of this Act, the Department of Veterans Affairs had the infrastructure in place across the United States to produce photographic identification cards and accept a small payment to cover the cost of these cards.’’ SUBCHAPTER II—INVESTIGATIONS § 5711. Authority to issue subpoenas (a) For the purposes of the laws administered by the Secretary, the Secretary, and those em- ployees 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 at- tendance 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 wit- nesses 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. (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 imme- diately before the enactment of Pub. L. 102–40 by sub- stituting ‘‘subpoenas’’ for ‘‘subpenas’’ in section catch- line and amending text generally. Prior to amendment, text read as follows: ‘‘For the purposes of the laws ad- ministered by the Veterans’ Administration, the Ad- ministrator, and those employees to whom the Admin- istrator 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 wit- nesses within a radius of one hundred miles from the place of hearing, to require the production of books, pa- pers, 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’ Admin- istration. Any person required by such subpena to at- tend 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.’’ § 5712. Validity of affidavits Any such oath, affirmation, affidavit, or ex- amination, when certified under the hand of any such employee by whom it was administered or taken and authenticated by the seal of the De- partment, may be offered or used in any court of the United States and without further proof of the identity or authority of such employee shall have like force and effect as if administered or taken before a clerk of such court. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3312; renumbered § 5712, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 3312 of this title as this section. Pub. L. 102–83 substituted ‘‘Department’’ for ‘‘Vet- erans’ Administration’’. § 5713. Disobedience to subpoena In case of disobedience to any such subpoena, the aid of any district court of the United States may be invoked in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court within the jurisdiction of which the inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any officer, agent, or em- ployee of any corporation or to any other per- son, issue an order requiring such corporation or other person to appear or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3313; renumbered § 5713, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(d)(6)(A), (B), June 13, 1991, 105 Stat. 286.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 3313 of this title as this section. Pub. L. 102–54 amended section as in effect imme- diately before the enactment of Pub. L. 102–40 by sub- stituting ‘‘subpoena’’ for ‘‘subpena’’ in section catch- line and in two places in text.