§ 7733. — 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: 7USC7733]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER II--INSPECTION AND ENFORCEMENT
Sec. 7733. 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 chapter or any
matter under investigation in connection with this chapter.
(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.
(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 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.
(Pub. L. 106-224, title IV, Sec. 423, June 20, 2000, 114 Stat. 449; Pub.
L. 107-171, title X, Sec. 10418(b)(2), May 13, 2002, 116 Stat. 508.)
Amendments
2002--Subsec. (b). Pub. L. 107-171, Sec. 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, Sec. 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, Sec. 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.''
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.
Section Referred to in Other Sections
This section is referred to in section 8401 of this title.
