§ 876. Subpenas

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Controlled Substances Act

   Pub. L. 91–513 title II § 506 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 876

   Pub. L. 91–513, title II, § 506, Oct. 27, 1970, 84 Stat. 1272

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 506, Oct. 27, 1970, 84 Stat. 1272

   Enacted provision · exact public law section
   Sec. 506. subpenas (a) In any investigation relating to his functions under this title with respect to controlled substances, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required Exception. to appear at any hearing more than 500 miles distant from the place where he was served with a subpena. Witnesses summoned under this Fees. section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (b) A subpena issued under this section may be served by any person Service, designated in the subpena to serve it. Service Upon a natural poison may be made by personal delivery of the subpena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it snail be proof of service. (c) In the case of contumacy by or refusal to obey a subpena issued Refusal to obey subpena. to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, or in which be carries on business or may be found, to compel compliance with the subpena. The court may issue an order requiring the subpenaed Order. person to appear before the Attorney General to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be Failure to obey order, penalty. Jurisdiction. punished by the court as a contempt thereof. All process in any such case may be served in any judicial district in which such person may be found.

2. 1988

   Chemical Diversion and Trafficking Act of 1988

   Pub. L. 100–690 title VI § 6058 · 102 Stat. 4181

   Inserted · 21 U.S.C. § 876(a)

   Pub. L. 100–690 inserted “listed chemicals, tableting machines, or encapsulating machines,” after “with respect to controlled substances,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–690 inserted “listed chemicals, tableting machines, or encapsulating machines,” after “with respect to controlled substances,”.

   Enacted provision · exact public law section
   SEC. 6058. SUBPOENA POWER. The first sentence of section 506(a) of the (Controlled Substances Act (21 U.S.C. 876(a)) is amended by inserting “listed chemicals, tableting machines, or encapsulating machines,” after “with respect to controlled substances,”.

   Effective date note
   Amendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title.

2 of 2 references resolved to an enrolled provision