Title 38, Veterans' BenefitsRelease 119-102

§5711 Authority to Issue Subpoenas

Title 38 › PART IV — GENERAL ADMINISTRATIVE PROVISIONS › CHAPTER 57 — RECORDS AND INVESTIGATIONS › SUBCHAPTER II — INVESTIGATIONS › § 5711

Last updated Aug 21, 2026|Official source

Summary

The Secretary of Veterans Affairs and any staff given that power can force people to help with cases the Department handles. They can make witnesses attend hearings (if they live within 100 miles), demand papers and other evidence, take sworn written statements and oaths, help people prepare and present claims, and investigate and question witnesses. Anyone ordered by a subpoena to appear as a witness must receive the same fees and travel mileage that witnesses get in U.S. district courts.

Full Legal Text

Title 38, §5711

Veterans' Benefits, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

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.”

Reference

Citations & Metadata

Citation

38 U.S.C. § 5711

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102