§ 2622. Investigations

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. 1971

   Potato Research and Promotion Act

   Pub. L. 91–670 title III § 313 · 84 Stat. 2040

   Enacted · 7 U.S.C. § 2622

   Pub. L. 91–670, title III, § 313, Jan. 11, 1971, 84 Stat. 2046

   Source evidence

   Code source credit
   Pub. L. 91–670, title III, § 313, Jan. 11, 1971, 84 Stat. 2046

   Enacted provision · exact public law section
   Sec. 313. investigation and cower to subpena (a) The Secretary may make such investigations as he deems necessary for the effective carrying out of his responsibilities under this title or to determine whether a handler or any other person has engaged or is engaging in any acts or practices which constitute a violation of any provision of this title, or of any plan, or rule or regulation issued under this title. For the purpose of any such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena issued to, any person, including a handler, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony Penalty. touching the matter under investigation. Any failure, to obey such order of the court may be punished by such court as contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be Hearings, jurisdiction. found. The site of any hearings held under this section shall be within the judicial district w here such handler or other person is an inhabitant or has his principal place of business. (b) No person shall be excused from attending and testifying or from producing books, papers, and documents before the Secretary, or in obedience to the subpena of the Secretary, or in any cause or proceeding, criminal or otherwise, based upon, or growing out of any alleged violation of this title, or of any plan, or rule or regulation issued thereunder on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or oil account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

2. 1990

   Potato Research and Promotion Act Amendments of 1990

   Pub. L. 101–624 title XIX § 1943 · 104 Stat. 3359

   1. Substituted · 7 U.S.C. § 2622(a)

      Pub. L. 101–624 substituted “any” for “a handler or any other” before “person has engaged” in first sentence

   2. Struck · 7 U.S.C. § 2622(a)

      Pub. L. 101–624 struck out “handler or other” after “judicial district where such” in last sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–624 substituted “any” for “a handler or any other” before “person has engaged” in first sentence, and struck out “handler or other” after “judicial district where such” in last sentence.

   Enacted provision · exact public law section
   SEC. 1943. INVESTIGATION AND POWER TO SUBPOENA. Section 313 of the Potato Research and Promotion Act (7 U.S.C. 2622) is amended in subsection (a)— (1) by striking in the first sentence “a handler or any other” and inserting “any”; and (2) in the last sentence by striking “handler or other”.

3 of 3 references resolved to an enrolled provision