Title 42, The Public Health and WelfareRelease 119-110

§1997a–1 Subpoena Authority

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

Last updated Sep 23, 2026|Official source

Summary

Allows the Attorney General or DOJ staff he or she picks to demand access to any institution under investigation and to take documents, records, files, reports, policies, videos, or other materials. They can do this to find out if people living or confined there are being denied rights protected by the Constitution or federal law. Subpoenas must be signed by the Attorney General or a person the Attorney General names and must be served by people the Attorney General chooses. If someone refuses to obey a subpoena, the U.S. district court where the institution is located can order compliance, and failing to follow that court order can be punished as contempt. Anything obtained this way can only be used to protect the rights of current, past, or future residents of the institution. The Department of Justice may only share the information for that same purpose. Information made public must have personal identifying details removed or hidden.

Full Legal Text

Title 42, §1997a–1

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

(a)Authority

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)Issuance and enforcement of subpoenas

(1)Issuance

Subpoenas issued under this section

(A)

(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)Enforcement

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 court.

(c)Protection of subpoenaed records and information

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)

(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

Sep 23, 2026

Release point: 119-110