7 U.S. Code § 7733 - Subpoena authority

(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 chapter or any matter under investigation in connection with this chapter.
(b) Location of production
The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States.
(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, the production of evidence, or the inspection of premises. 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, produce evidence, or permit the inspection of premises. 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 to an agency other than the Office of Administrative Law Judges, the agency receiving the delegation shall seek review for legal sufficiency outside that agency.

Source

(Pub. L. 106–224, title IV, § 423,June 20, 2000, 114 Stat. 449; Pub. L. 107–171, title X, § 10418(b)(2),May 13, 2002, 116 Stat. 508; Pub. L. 110–234, title X, § 10203(c),May 22, 2008, 122 Stat. 1343; Pub. L. 110–246, § 4(a), title X, § 10203(c),June 18, 2008, 122 Stat. 1664, 2104.)
References in Text

This chapter, referred to in subsec. (a), was in the original “this title”, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables.
Codification

Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
Amendments

2008—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.”
Subsec. (b). Pub. L. 110–246, § 10203(c)(2), struck out “documentary” before “evidence”.
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”.
2002—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.”
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”.
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.”
Effective Date of 2008 Amendment

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

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

7 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


7 CFR - Agriculture

7 CFR Part 300 - INCORPORATION BY REFERENCE

7 CFR Part 301 - DOMESTIC QUARANTINE NOTICES

7 CFR Part 302 - DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANT PRODUCTS

7 CFR Part 305 - PHYTOSANITARY TREATMENTS

7 CFR Part 318 - STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES

7 CFR Part 319 - FOREIGN QUARANTINE NOTICES

7 CFR Part 322 - BEES, BEEKEEPING BYPRODUCTS, AND BEEKEEPING EQUIPMENT

7 CFR Part 330 - FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE

7 CFR Part 340 - INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH THERE IS REASON TO BELIEVE ARE PLANT PESTS

7 CFR Part 351 - IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL

7 CFR Part 352 - PLANT QUARANTINE SAFEGUARD REGULATIONS

7 CFR Part 353 - EXPORT CERTIFICATION

7 CFR Part 354 - OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES

7 CFR Part 360 - NOXIOUS WEED REGULATIONS

7 CFR Part 380 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

9 CFR - Animals and Animal Products

9 CFR Part 94 - RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

 

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