
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: 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 
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 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 chapter 
may run to any other judicial district.

(Pub. L. 106-224, title IV, Sec. 423, June 20, 2000, 114 Stat. 449.)
