7 U.S.C. § 7733 — Subpoena authority

Page 2095 TITLE 7—AGRICULTURE § 7733 1 So in original. Probably should be ‘‘magistrate judges’s’’. (b) Warrantless inspections The Secretary may stop and inspect, without a warrant, any person or means of conveyance moving— (1) into the United States to determine whether the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter; (2) in interstate commerce, upon probable cause to believe that the person or means of conveyance is carrying any plant, plant prod- uct, biological control organism, plant pest, noxious weed, or article subject to this chap- ter; and (3) in intrastate commerce from or within any State, portion of a State, or premises quarantined as part of a extraordinary emer- gency declared under section 7715 of this title upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article regulated under that section or is moving subject to that section. (c) Inspections with a warrant (1) General authority The Secretary may enter, with a warrant, any premises in the United States for the pur- pose of conducting investigations or making inspections and seizures under this chapter. (2) Application and issuance of a warrant Upon proper oath or affirmation showing probable cause to believe that there is on cer- tain premises any plant, plant product, bio- logical control organism, plant pest, noxious weed, article, facility, or means of conveyance regulated under this chapter, a United States judge, a judge of a court of record in the United States, or a United States magistrate judge may, within the judge’s or magistrate’s 1 jurisdiction, issue a warrant for the entry upon the premises to conduct any investiga- tion or make any inspection or seizure under this chapter. The warrant may be applied for and executed by the Secretary or any United States Marshal. (Pub. L. 106–224, title IV, § 421, June 20, 2000, 114 Stat. 448.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1), (2) and (c), was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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. § 7732. Collection of information The Secretary may gather and compile infor- mation and conduct any investigations the Sec- retary considers necessary for the administra- tion and enforcement of this chapter. (Pub. L. 106–224, title IV, § 422, June 20, 2000, 114 Stat. 449.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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. § 7733. Subpoena authority (a) Authority to issue The Secretary shall have the power to sub- poena the attendance and testimony of any wit- ness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that con- stitute or contain evidence), or to require the person to whom the subpoena is directed to per- mit the inspection of premises 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 evidence relevant to the inquiry may be re- quired 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 At- torney 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, the production of evidence, or the in- spection of premises. 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, produce evidence, or permit the in- spection of premises. Any failure to obey the Page 2096 TITLE 7—AGRICULTURE § 7734 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 serv- ices 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 sub- poenas 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 re- view for legal sufficiency outside that agency. (Pub. L. 106–224, title IV, § 423, June 20, 2000, 114 Stat. 449; Pub. L. 107–171, title X, § 10418(b)(2), May 13, 2002, 116 Stat. 508; Pub. L. 110–234, title X, § 10203(c), May 22, 2008, 122 Stat. 1343; Pub. L. 110–246, § 4(a), title X, § 10203(c), June 18, 2008, 122 Stat. 1664, 2104.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–246, § 10203(c)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘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.’’ Subsec. (b). Pub. L. 110–246, § 10203(c)(2), struck out ‘‘documentary’’ before ‘‘evidence’’. Subsec. (c). Pub. L. 110–246, § 10203(c)(3), in first sen- tence substituted ‘‘testimony of any witness, the pro- duction of evidence, or the inspection of premises’’ for ‘‘testimony of any witness and the production of docu- mentary evidence’’ and in second sentence substituted ‘‘question, produce evidence, or permit the inspection of premises’’ for ‘‘question or to produce documentary evidence’’. 2002—Subsec. (b). Pub. L. 107–171, § 10418(b)(2)(A), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘The attend- ance of any witness and production of documentary evi- dence may be required from any place in the United States at any designated place of hearing.’’ Subsec. (e). Pub. L. 107–171, § 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, § 10418(b)(2)(C), struck out heading and text of subsec. (f). Text read as follows: ‘‘Subpoenas for witnesses to attend court in any judi- cial district or to testify or produce evidence at an ad- ministrative hearing in any judicial district in any ac- tion or proceeding arising under this chapter may run to any other judicial district.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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. § 7734. Penalties for violation (a) Criminal penalties (1) Offenses (A) In general A person that knowingly violates this chapter, or knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certifi- cate, permit, or other document provided for in this chapter shall be fined under title 18, imprisoned not more than 1 year, or both. (B) Movement A person that knowingly imports, enters, exports, or moves any plant, plant product, biological control organism, plant pest, nox- ious weed, or article, for distribution or sale, in violation of this chapter, shall be fined under title 18, imprisoned not more than 5 years, or both. (2) Multiple violations On the second and any subsequent convic- tion of a person of a violation of this chapter under paragraph (1), the person shall be fined under title 18, imprisoned not more than 10 years, or both. (b) Civil penalties (1) In general Any person that violates this chapter, or that forges, counterfeits, or, without author- ity from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of— (A) $50,000 in the case of any individual (except that the civil penalty may not ex- ceed $1,000 in the case of an initial violation of this chapter by an individual moving reg- ulated articles not for monetary gain), $250,000 in the case of any other person for each violation, $500,000 for all violations ad- judicated in a single proceeding if the viola-