§ 2279f. Subpoena authority

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. 2000

   Agricultural Risk Protection Act of 2000

   Pub. L. 106–224 title V § 502 · 114 Stat. 358

   Enacted · 7 U.S.C. § 2279f

   Pub. L. 106–224, title V, § 502, June 20, 2000, 114 Stat. 455

   Source evidence

   Code source credit
   Pub. L. 106–224, title V, § 502, June 20, 2000, 114 Stat. 455

   Enacted provision · exact public law section
   SEC. 502. SUBPOENA AUTHORITY. (a) In General.— The Secretary shall have power to subpoena the attendance and testimony of any witness, and the production of all documentary evidence relating to the enforcement of section 501 or any matter under investigation in connection with this title. (b) Location of Production.— The attendance of any witness and the production of documentary evidence may be required from any place in the United States at any designated place of hearing. (c) Enforcement of Subpoena.— In the case of disobedience to a subpoena by any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States within the jurisdiction in which the investigation is conducted, or where the person resides, is found, transacts business, is licensed to do business, or is incorporated, in requiring the attendance and testimony of any witness and the production of documentary evidence. In case of a refusal to obey a subpoena issued to any person, a court may order the person to appear before the Secretary and give evidence concerning the matter in question or to produce documentary evidence. Any failure to obey the court’s order may be punished by the court as a contempt of the court. (d) Compensation.— Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid to witnesses in courts of the United States, and witnesses whose depositions are taken, and the persons taking the depositions shall be entitled to the same fees that are paid for similar services in the courts of the United States. (e) Procedures.— The Secretary shall publish procedures for the issuance of subpoenas under this section. Such procedures shall include a requirement that subpoenas be reviewed for legal sufficiency and signed by the Secretary. If the authority to sign a subpoena is delegated, the agency receiving the delegation shall seek review for legal sufficiency outside that agency. (f) Scope of Subpoena.— Subpoenas for witnesses to attend court in any judicial district or testify or produce evidence at an administrative hearing in any judicial district in any action or proceeding arising under section 501 may run to any other judicial district.

2. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title IV § 421(h)(2) · 116 Stat. 2135

   Substituted · 7 U.S.C. § 2279f(a)(c)(e)

   Pub. L. 107–296 substituted “Secretary concerned” for “Secretary” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (c) to (e). Pub. L. 107–296 substituted “Secretary concerned” for “Secretary” wherever appearing.

   Enacted provision · exact public law section
   (2) by striking “Secretary” each place it appears (other than in sections 501(a) and 501(e)) and inserting “Secretary concerned”; and

   Effective date note
   Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

2 of 2 references resolved to an enrolled provision