Title 42 — The Public Health and WelfareRelease 119-73

§1997a–1 Subpoena authority

Title 42 › Chapter CHAPTER 21— - CIVIL RIGHTS › Subchapter SUBCHAPTER I–A— - INSTITUTIONALIZED PERSONS › § 1997a–1

Last updated Apr 6, 2026|Official source

Summary

Allows the Attorney General, or DOJ staff he directs, to use a legal order (a subpoena) to enter and inspect any institution under an investigation. The order can require access to people, buildings, and many kinds of materials — for example documents, records, policies, reports, investigations, and audio or video — to find out if people in the institution are being denied rights protected by the Constitution or federal law. The subpoena must be signed by the Attorney General or a DOJ official he names, and must be delivered by someone he or that official appoints. If the person or place refuses, the federal court for the area where the institution is can order them to comply, and failure to obey the court can be punished as contempt. Anything obtained under the order may only be used to protect residents’ federal rights, may only be shared inside the DOJ for that purpose, and must have personal identifiers removed before any public release.

Full Legal Text

Title 42, §1997a–1

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Attorney General, or at the direction of the Attorney General, any officer or employee of the Department of Justice may require by subpoena access to any institution that is the subject of an investigation under this subchapter and to any document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording, or quality assurance report relating to any institution that is the subject of an investigation under this subchapter to determine whether there are conditions which deprive persons residing in or confined to the institution of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.

(b)(1)Subpoenas issued under this section—

(A)shall bear the signature of the Attorney General or any officer or employee of the Department of Justice as designated by the Attorney General; and

(B)shall be served by any person or class of persons designated by the Attorney General or a designated officer or employee for that purpose.

(2)In the case of contumacy or failure to obey a subpoena issued under this section, the United States district court for the judicial district in which the institution is located may issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as a contempt that 11 So in original. Probably should be preceded by “of”. court.

(c)Any document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording, or quality assurance report or other information obtained under a subpoena issued under this section—

(1)may not be used for any purpose other than to protect the rights, privileges, or immunities secured or protected by the Constitution or laws of the United States of persons who reside, have resided, or will reside in an institution;

(2)may not be transmitted by or within the Department of Justice for any purpose other than to protect the rights, privileges, or immunities secured or protected by the Constitution or laws of the United States of persons who reside, have resided, or will reside in an institution; and

(3)shall be redacted, obscured, or otherwise altered if used in any publicly available manner so as to prevent the disclosure of any personally identifiable information.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1997a–1

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73