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7 U.S.C. § 87fEnforcement provisions

submitted 110 years ago by Pub. L. 90-487 to r/title-7-AGRICULTURE · 471 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can subpoena documents and witnesses to investigate matters under this chapter. Courts can enforce those subpoenas and punish anyone who ignores them. Federal courts across U.S. states and territories have jurisdiction over cases arising under this chapter.

(a) Subpoena power: For this chapter's purposes, the Secretary can, at reasonable times, examine and copy anyone's relevant documents. The Secretary can also subpoena witnesses to testify and demand documents related to any investigation, and can administer oaths, question witnesses, and receive evidence. (b) Disobeying a subpoena: Witnesses and documents can be required from anywhere in the United States, to be produced at a designated hearing location. If someone disobeys a subpoena, the Secretary can ask a court named in subsection (h) for help enforcing it. (c) Court order: A court with jurisdiction over the matter can, if someone refuses to comply with a subpoena, order that person to appear before the Secretary, produce documents, or give testimony. Ignoring that court order can be punished as contempt of court. (d) Witness fees: Witnesses called before the Secretary are paid the same fees and travel costs as witnesses in federal court. People who give depositions, and those who take them, get the same fees paid for similar work in federal court. (e) Penalty for ignoring a subpoena: Anyone who refuses to attend, testify, answer a lawful question, or produce documents they are able to produce, when required by a Secretary subpoena, is guilty of a misdemeanor, punishable by up to 1 year in prison, a fine of up to $10,000, or both. (f) Repealed by Public Law 91–452 in 1970. No longer in effect. (g) Repealed by Public Law 94–582 in 1976. No longer in effect. (h) Court jurisdiction: U.S. district courts, the District Court of Guam, the District Court of the Virgin Islands, American Samoa's highest court, and other U.S. territorial courts all have jurisdiction over cases arising under this chapter.
the actual law source: uscode.house.gov ↗public domain
(a) Subpena power

For the purposes of this chapter, the Secretary shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person with respect to whom such authority is exercised; and the Secretary shall have power to require by subpena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation by the Secretary, and may administer oaths and affirmations, examine witnesses, and receive evidence.

(b) Disobedience of subpena

Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. In case of disobedience to a subpena the Secretary may invoke the aid of any court designated in subsection (h) of this section in requiring the attendance and testimony of witnesses and the production of documentary evidence.

(c) Court order requiring attendance and testimony of witnesses

Any such court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Secretary or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(d) Fees and mileage costs of witnesses

Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses from whom depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

(e) Violation of subpena as misdemeanor

Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce documentary evidence, if in the power of the person to do so, in obedience to the subpena or lawful requirement of the Secretary, shall be guilty of a misdemeanor, and upon conviction thereof be subject to imprisonment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine.

(f) Repealed. Pub. L. 91–452, title II, § 203, Oct. 15, 1970, 84 Stat. 928

(g) Repealed. Pub. L. 94–582, § 19(d), Oct. 21, 1976, 90 Stat. 2886

(h) District court jurisdiction

The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories and possessions of the United States shall have jurisdiction in cases arising under this chapter.

Source credit: (Aug. 11, 1916, ch. 313, pt. B, § 17, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 91–452, title II, § 203, Oct. 15, 1970, 84 Stat. 928; Pub. L. 94–582, § 19, Oct. 21, 1976, 90 Stat. 2885; Pub. L. 103–156, §§ 10, 12(o), Nov. 24, 1993, 107 Stat. 1528, 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)

history & why it existsrecord from the source credit
  • 1916Enacted · Pub. L. 90-487 · 82 Stat. 768
  • 1970Amended · Pub. L. 91-452 · 84 Stat. 928
  • 1976Amended · Pub. L. 94-582 · 90 Stat. 2885
  • 1993Amended · Pub. L. 103-156 · 107 Stat. 1528, 1529
  • 1994Amended · Pub. L. 103-354 · 108 Stat. 3237

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-487 on 1916-08-11.

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