§ 2279f. — Subpoena authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2279f]
TITLE 7--AGRICULTURE
CHAPTER 55--DEPARTMENT OF AGRICULTURE
Sec. 2279f. Subpoena authority
(a) In general
The Secretary concerned 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 2279e of this title or
any matter under investigation in connection with this section and
section 2279e of 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 concerned 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 concerned 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 concerned 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 concerned 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 concerned. 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 2279e of this
title may run to any other judicial district.
(Pub. L. 106-224, title V, Sec. 502, June 20, 2000, 114 Stat. 455; Pub.
L. 107-296, title IV, Sec. 421(h)(2), Nov. 25, 2002, 116 Stat. 2184.)
Amendments
2002--Subsecs. (a), (c) to (e). Pub. L. 107-296 substituted
``Secretary concerned'' for ``Secretary'' wherever appearing.
Effective Date of 2002 Amendment
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.
Section Referred to in Other Sections
This section is referred to in section 2279e of this title.
