§967 — Title 21 Food and Drugs | U.S. Code

Summary

The Secretary of the Treasury may investigate smuggling under 18 U.S.C. 545 when it involves a controlled substance (as defined in 21 U.S.C. 802). The Secretary can swear in witnesses, issue subpoenas, force people to attend, collect testimony and require records or other items from anywhere in the customs territory. A witness cannot be forced to appear at a hearing more than 100 miles from where they were served. Witnesses receive the same fees and mileage that federal court witnesses get, and oaths may be taken anywhere under U.S. jurisdiction.

Title 21, §967

Food and Drugs — Source: USLM XML via OLRC

For the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title), the Secretary of the Treasury may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more than 100 miles from the place where he was served with subpena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affirmations may be made at any place subject to the jurisdiction of the United States.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was not enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 which comprises this chapter. Section was formerly classified to section 1034 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. Section was also formerly classified to section 198a of this title.

Amendments

1970—Pub. L. 91–513 substituted “section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title)” for “the laws of the United States relating to narcotic drugs and marihuana” and substituted the customs territory of the United States for any State or any territory or other place subject to the jurisdiction of the United States is the defined area from within which the attendance of witnesses and the production of records may be required, and struck out provisions making the discretion of the Secretary of the Treasury the determinative factor as to what is relevant or material to the investigation.

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as an

Effective Date

note under section 951 of this title.

Savings Provision

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the

Effective Date

of amendment of this section by section 1102 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under sections 171 to 174 of this title.

§967 Smuggling of Controlled Substances; Investigations; Oaths; Subpenas; Witnesses; Evidence; Production of Records; Territorial Limits; Fees and Mileage of Witnesses

Summary

Title 21, §967

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Savings Provision

Effective Date

Citations & Metadata