§ 7733. 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

   Plant Protection Act

   Pub. L. 106–224 title IV § 423 · 114 Stat. 358

   Enacted · 7 U.S.C. § 7733

   Pub. L. 106–224, title IV, § 423, June 20, 2000, 114 Stat. 449

   Source evidence

   Code source credit
   Pub. L. 106–224, title IV, § 423, June 20, 2000, 114 Stat. 449

   Enacted provision · exact public law section
   SEC. 423. SUBPOENA AUTHORITY. (a) Authority To Issue.— The Secretary shall have power to subpoena the attendance and testimony of any witness, and the production of all documentary evidence relating to the administration or enforcement of this title or any matter under investigation in connection with this title. (b) Location of Production.— The attendance of any witness and 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 Publication. 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 to testify or produce evidence at an administrative hearing in any judicial district in any action or proceeding arising under this title may run to any other judicial district.

2. 2002

   Pub. L. 107–171 § 10418(b)(2)(A) · 116 Stat. 134

   1. Added · 7 U.S.C. § 7733(b)

      Pub. L. 107–171, § 10418(b)(2)(A), added subsec. (b)

   2. Struck · 7 U.S.C. § 7733(b)

      Pub. L. 107–171, § 10418(b)(2)(A), struck out heading and text of former subsec. (b). Text read as follows: “The attendance of any witness and production of documentary evidence may be required from any place in the United States at any designated place of hearing.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–171, § 10418(b)(2)(A), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “The attendance of any witness and production of documentary evidence may be required from any place in the United States at any designated place of hearing.”

   Enacted provision · exact public law section
   (A) by striking subsection (b) and inserting the following: “(b) Location of Production.— The attendance of any witness and production of documentary evidence relevant to the inquiry may be required from any place in the United States.”;

3. 2002

   Pub. L. 107–171 § 10418(b)(2)(B) · 116 Stat. 134

   Inserted · 7 U.S.C. § 7733(e)

   Pub. L. 107–171, § 10418(b)(2)(B), inserted “to an agency other than the Office of Administrative Law Judges” after “subpoena is delegated”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 107–171, § 10418(b)(2)(B), inserted “to an agency other than the Office of Administrative Law Judges” after “subpoena is delegated”.

   Enacted provision · exact public law section
   (B) in the third sentence of subsection (e), by inserting “to an agency other than the Office of Administrative Law Judges” after “is delegated”; and

4. 2002

   Pub. L. 107–171 § 10418(b)(2)(C) · 116 Stat. 134

   Struck · 7 U.S.C. § 7733(f)

   Pub. L. 107–171, § 10418(b)(2)(C), struck out heading and text of subsec. (f). Text read as follows: “Subpoenas for witnesses to attend court in any judicial district or to testify or produce evidence at an administrative hearing in any judicial district in any action or proceeding arising under this chapter may run to any other judicial district.”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 107–171, § 10418(b)(2)(C), struck out heading and text of subsec. (f). Text read as follows: “Subpoenas for witnesses to attend court in any judicial district or to testify or produce evidence at an administrative hearing in any judicial district in any action or proceeding arising under this chapter may run to any other judicial district.”

   Enacted provision · exact public law section
   (C) by striking subsection (f).

5. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 10203(c)(1) · 122 Stat. 1651

   1. Added · 7 U.S.C. § 7733(a)

      Pub. L. 110–246, § 10203(c)(1), added subsec. (a)

   2. Struck · 7 U.S.C. § 7733(a)

      Pub. L. 110–246, § 10203(c)(1), struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary shall have power to subpoena the attendance and testimony of any witness, and the production of all documentary evidence relating to the administration or enforcement of this chapter or any matter under investigation in connection with this chapter.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–246, § 10203(c)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary shall have power to subpoena the attendance and testimony of any witness, and the production of all documentary evidence relating to the administration or enforcement of this chapter or any matter under investigation in connection with this chapter.”

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following: “(a) Authority to Issue.— The Secretary shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the subpoena is directed to permit the inspection of premises relating to the administration or enforcement of this title or any matter under investigation in connection with this title.” ;

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

6. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 10203(c)(2) · 122 Stat. 1651

   Struck · 7 U.S.C. § 7733(b)

   Pub. L. 110–246, § 10203(c)(2), struck out “documentary” before “evidence”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–246, § 10203(c)(2), struck out “documentary” before “evidence”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “documentary”; and

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

7. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 10203(c)(3) · 122 Stat. 1651

   1. Substituted · 7 U.S.C. § 7733(c)

      Pub. L. 110–246, § 10203(c)(3), in first sentence substituted “testimony of any witness, the production of evidence, or the inspection of premises” for “testimony of any witness and the production of documentary evidence”

   2. Substituted · 7 U.S.C. § 7733(c)

      Pub. L. 110–246, § 10203(c)(3), in first sentence substituted “question, produce evidence, or permit the inspection of premises” for “question or to produce documentary evidence”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 110–246, § 10203(c)(3), in first sentence substituted “testimony of any witness, the production of evidence, or the inspection of premises” for “testimony of any witness and the production of documentary evidence” and in second sentence substituted “question, produce evidence, or permit the inspection of premises” for “question or to produce documentary evidence”.

   Enacted provision · exact public law section
   (3) in subsection (c)— (A) in the first sentence, by striking “testimony of any witness and the production of documentary evidence” and inserting “testimony of any witness, the production of evidence, or the inspection of premises”; and (B) in the second sentence, by striking “question or to produce documentary evidence” and inserting “question, produce evidence, or permit the inspection of premises”.

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

10 of 10 references resolved to an enrolled provision