21 U.S.C. § 876: Subpenas

Summary

Gives the Attorney General the power to issue subpoenas in drug-related investigations to make people come to hearings, testify, or hand over records and other evidence. People anywhere in the United States or its territories can be called to a hearing, but no one must travel more than 500 miles from where they were served. Witnesses get the same pay and travel money as in federal courts. A subpoena can be delivered by whoever is named to serve it. An individual must get it in person. A company, partnership, or similar group can get it by giving it to an officer, a manager, or another authorized agent. The server’s sworn statement on a copy proves it was served. If someone refuses, the Attorney General can ask a federal court where the person is or where the investigation is to order compliance. The court can make the person appear, produce records, or testify, and can punish refusal as contempt.

Title 21, §876

Food and Drugs, Source: USLM XML via OLRC

(a)Authorization of use by Attorney General

In any investigation relating to his functions under this subchapter with respect to controlled substances, listed chemicals, tableting machines, or encapsulating machines, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpena. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

(b)Service

A subpena issued under this section may be served by any person designated in the subpena to serve it. Service upon a natural person may be made by personal delivery of the subpena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service.

(c)Enforcement

In the case of contumacy by or refusal to obey a subpena issued to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, or in which he carries on business or may be found, to compel compliance with the subpena. The court may issue an order requiring the subpenaed person to appear before the Attorney General to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any judicial district in which such person may be found.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (a). Pub. L. 100–690 inserted “listed chemicals, tableting machines, or encapsulating machines,” after “with respect to controlled substances,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title.

§876 Subpenas