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Title 21 — Food and Drugs

Chapter 13 — Drug Abuse Prevention and Control

§ 967. Smuggling of controlled substances; investigations; oaths; subpenas; witnesses; evidence; production of records; territorial limits; fees and mileage of witnesses

Statutory text

For the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title), the Secretary of the Treasury may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more than 100 miles from the place where he was served with subpena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affirmations may be made at any place subject to the jurisdiction of the United States.

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. Aug. 11, 1955, ch. 800, § 1, 69 Stat. 684 · 69 Stat. 684

    Enacted · 21 U.S.C. § 967

    Aug. 11, 1955, ch. 800, § 1, 69 Stat. 684

    Source evidence

    Code source credit
    Aug. 11, 1955, ch. 800, § 1, 69 Stat. 684

  2. Controlled Substances Import and Export Act

    Pub. L. 91–513 title III § 1102(t) · 84 Stat. 1236

    1. Substituted · 21 U.S.C. § 967

      Pub. L. 91–513 substituted “section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title)” for “the laws of the United States relating to narcotic drugs and marihuana”

    2. Substituted · 21 U.S.C. § 967

      Pub. L. 91–513 substituted the customs territory of the United States for any State or any territory or other place subject to the jurisdiction of the United States is the defined area from within which the attendance of witnesses and the production of records may be required

    3. Struck · 21 U.S.C. § 967

      Pub. L. 91–513 struck out provisions making the discretion of the Secretary of the Treasury the determinative factor as to what is relevant or material to the investigation

    Source evidence

    Code amendment note
    Pub. L. 91–513 substituted “section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title)” for “the laws of the United States relating to narcotic drugs and marihuana” and substituted the customs territory of the United States for any State or any territory or other place subject to the jurisdiction of the United States is the defined area from within which the attendance of witnesses and the production of records may be required, and struck out provisions making the discretion of the Secretary of the Treasury the determinative factor as to what is relevant or material to the investigation.

    Enacted provision · exact public law section
    (t) The first section of the Act of August 11, 1955 (21 U.S.C. 198a), is amended to read as follows: “That for the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of section 545 of title 18 of the 62 Stat. 716. United States Code (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 102 of the Controlled Substances Act), the Secretary of the Treasury may administer oaths and affirmations, sub pen a witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents, and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more than 100 miles from the place where he was Witnesses, travel expenses. served with subpena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, Oaths and affirmations may be made at any place subject to the jurisdiction of the United States”

    Effective date note
    Amendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as an Effective Date note under section 951 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

Section was not enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 which comprises this chapter.

Section was formerly classified to section 1034 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, , 96 Stat. 877.

Section was also formerly classified to section 198a of this title.

Amendments

1970—Pub. L. 91–513 substituted “section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title)” for “the laws of the United States relating to narcotic drugs and marihuana” and substituted the customs territory of the United States for any State or any territory or other place subject to the jurisdiction of the United States is the defined area from within which the attendance of witnesses and the production of records may be required, and struck out provisions making the discretion of the Secretary of the Treasury the determinative factor as to what is relevant or material to the investigation.

Statutory Notes and Related Subsidiaries

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after , see 1105(a) of Pub. L. 91–513, set out as an Effective Date note under section 951 of this title.

Savings Provision

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under sections 171 to 174 of this title.

Credits

1955–1970 · 2 acts
  1. 1955Aug. 11, 1955, ch. 800, § 1, 69 Stat. 684
  2. 1970Pub. L. 91–513, title III, § 1102(t), , 84 Stat. 1294.
Show as published

(Aug. 11, 1955, ch. 800, § 1, 69 Stat. 684; Pub. L. 91–513, title III, § 1102(t), , 84 Stat. 1294.)

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USLM identifier /us/usc/t21/s967