
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2354]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
              SUBCHAPTER I--PLANT VARIETY PROTECTION OFFICE
 
   Part B--Legal Provisions as to the Plant Variety Protection Office
 
Sec. 2354. Subpoenas; witnesses

    (a) The clerk of any United States court for the district wherein 
testimony is to be taken in accordance with regulations established by 
the Secretary for use in any contested case in the Plant Variety 
Protection Office shall, upon the application of any party thereof, 
issue a subpoena for any witness residing or being within such district 
or within one hundred miles of the stated place in such district, 
commanding the witness to appear and testify before an officer in such 
district authorized to take depositions and affidavits, at the time and 
place stated in the subpoena. The provisions of the Federal Rules of 
Civil Procedure relating to the attendance of witnesses and the 
production of documents and things shall apply to contested cases in the 
Plant Variety Protection Office insofar as consistent with such 
regulations.
    (b) Every witness subpoenaed or testifying shall be allowed the fees 
and traveling expenses allowed to witnesses attending the United States 
district courts.
    (c) A judge of a court whose clerk issued a subpoena may enforce 
obedience to the process or punish disobedience as in other like cases, 
on proof that a witness, served with such subpoena, neglected or refused 
to appear or to testify. No witness shall be deemed guilty of contempt 
for disobeying such subpoena unless the fees and traveling expenses of 
the witness in going to, and returning from, one day's attendance at the 
place of examination, are paid or tendered the witness at the time of 
the service of the subpoena; nor for refusing to disclose any secret 
matter except upon appropriate order of the court which issued the 
subpoena or of the Secretary.

(Pub. L. 91-577, title I, Sec. 24, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 
103-349, Sec. 13(d), Oct. 6, 1994, 108 Stat. 3143.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-349, Sec. 13(d)(1), substituted ``the 
witness'' for ``him'' in first sentence.
    Subsec. (c). Pub. L. 103-349, Sec. 13(d)(2)(B), substituted ``the 
witness'' for ``him'' after ``paid or tendered'' in second sentence.
    Pub. L. 103-349, Sec. 13(d)(2)(A), which directed that second 
sentence be amended by substituting ``the fees and traveling expenses of 
the witness'' for ``this fees and traveling expenses'', was executed by 
making the substitution for ``his fees and traveling expenses'', to 
reflect the probable intent of Congress.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-349 effective 180 days after Oct. 6, 1994, 
see section 15 of Pub. L. 103-349, set out as a note under section 2401 
of this title.
