38 U.S.C. § 5713 — Disobedience to subpoena

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. Page 1094 TITLE 38—VETERANS’ BENEFITS § 5721 SUBCHAPTER III—INFORMATION SECURITY § 5721. Purpose The purpose of the Information Security Pro- gram is to establish a program to provide secu- rity for Department information and informa- tion systems commensurate to the risk of harm, and to communicate the responsibilities of the Secretary, Under Secretaries, Assistant Secre- taries, other key officials, Assistant Secretary for Information and Technology, Associate Dep- uty Assistant Secretary for Cyber and Informa- tion Security, and Inspector General of the De- partment of Veterans Affairs as outlined in the provisions of subchapter III of chapter 35 of title 44 (also known as the ‘‘Federal Information Se- curity Management Act of 2002’’, which was en- acted as part of the E-Government Act of 2002 (Public Law 107–347)). (Added Pub. L. 109–461, title IX, § 902(a), Dec. 22, 2006, 120 Stat. 3450.) Editorial Notes REFERENCES IN TEXT The Federal Information Security Management Act of 2002, referred to in text, is the statutory short title for title III of Pub. L. 107–347, Dec. 17, 2002, 116 Stat. 2946, and for title X of Pub. L. 107–296, Nov. 25, 116 Stat. 2259. For complete classification of these Acts to the Code, see Short Title of 2002 Amendments note set out under section 101 of Title 44, Public Printing and Docu- ments, Short Title note set out under section 101 of Title 6, Domestic Security, and Tables. The E-Government Act of 2002, referred to in text, is Pub. L. 107–347, Dec. 17, 2002, 116 Stat. 2899. For com- plete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 109–461, title IX, § 902(c), Dec. 22, 2006, 120 Stat. 3460, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Dec. 22, 2006], the Secretary of Veterans Affairs shall prescribe regula- tions to carry out subchapter III of chapter 57 of title 38, United States Code, as added by subsection (a).’’ § 5722. Policy (a) IN GENERAL.—The security of Department information and information systems is vital to the success of the mission of the Department. To that end, the Secretary shall establish and maintain a comprehensive Department-wide in- formation security program to provide for the development and maintenance of cost-effective security controls needed to protect Department information, in any media or format, and De- partment information systems. (b) ELEMENTS.—The Secretary shall ensure that the Department information security pro- gram includes the following elements: (1) Periodic assessments of the risk and mag- nitude of harm that could result from the un- authorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the op- erations and assets of the Department. (2) Policies and procedures that— (A) are based on risk assessments; (B) cost-effectively reduce security risks to an acceptable level; and (C) ensure that information security is ad- dressed throughout the life cycle of each De- partment information system. (3) Selection and effective implementation of minimum, mandatory technical, oper- ational, and management security controls, or other compensating countermeasures, to pro- tect the confidentiality, integrity, and avail- ability of each Department system and its in- formation. (4) Subordinate plans for providing adequate security for networks, facilities, systems, or groups of information systems, as appropriate. (5) Annual security awareness training for all Department employees, contractors, and all other users of VA sensitive data and De- partment information systems that identifies the information security risks associated with the activities of such employees, contractors, and users and the responsibilities of such em- ployees, contractors, and users to comply with Department policies and procedures designed to reduce such risks. (6) Periodic testing and evaluation of the ef- fectiveness of security controls based on risk, including triennial certification testing of all management, operational, and technical con- trols, and annual testing of a subset of those controls for each Department system. (7) A process for planning, developing, imple- menting, evaluating, and documenting reme- dial actions to address deficiencies in informa- tion security policies, procedures, and prac- tices. (8) Procedures for detecting, immediately re- porting, and responding to security incidents, including mitigating risks before substantial damage is done as well as notifying and con- sulting with the US-Computer Emergency Readiness Team of the Department of Home- land Security, law enforcement agencies, the Inspector General of the Department, and other offices as appropriate. (9) Plans and procedures to ensure con- tinuity of operations for Department systems. (c) COMPLIANCE WITH CERTAIN REQUIRE- MENTS.—The Secretary shall comply with the provisions of subchapter III of chapter 35 of title 44 and other related information security re- quirements promulgated by the National Insti- tute of Standards and Technology and the Office of Management and Budget that define Depart- ment information system mandates. (Added Pub. L. 109–461, title IX, § 902(a), Dec. 22, 2006, 120 Stat. 3450.) § 5723. Responsibilities (a) SECRETARY OF VETERANS AFFAIRS.—In ac- cordance with the provisions of subchapter III of chapter 35 of title 44, the Secretary is respon- sible for the following: (1) Ensuring that the Department adopts a Department-wide information security pro- gram and otherwise complies with the provi- sions of subchapter III of chapter 35 of title 44 and other related information security re- quirements. (2) Ensuring that information security pro- tections are commensurate with the risk and