Page:United States Statutes at Large Volume 114 Part 1.djvu/485

 PUBLIC LAW 106-224—JUNE 20, 2000 114 STAT. 449 emergency declared under section 415 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 purpose of conducting investigations or making inspections and seizures under this title. (2) APPLICATION AND ISSUANCE OF A WARRANT. — Upon proper oath or affirmation showing probable cause to believe that there is on certain premises any plant, plant product, biological control organism, plant pest, noxious weed, article, facility, or means of conveyance regulated under this title, 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 jurisdiction, issue a warrant for the entry upon the premises to conduct any investigation or make any inspection or seizure under this title. The warrant may be applied for and executed by the Secretary or any United States Marshal. SEC. 422. COLLECTION OF INFORMATION. 7 USC 7732. The Secretary may gather and compile information and conduct any investigations the Secretary considers necessary for the administration and enforcement of this title. SEC. 423. SUBPOENA AUTHORITY. 7 USC 7733. (a) AUTHORITY TO ISSUE. —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 title or any matter under investigation in connection with this title. (b) LOCATION OF PRODUCTION. —The attendance of any witness and production of docimientary evidence may be required from any place in the United States at any designated place of hearing. (c) ENFORCEMENT OF SUBPOENA.—In the case of disobedience to a subpoena by any person, the Secretary may request the Attorney 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 and the production of documentary evidence. 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 or to produce documentary evidence. Any failure to obey the court's order may be piinished 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 services in the courts of the United States. (e) PROCEDURES. —The Secretary shall publish procedures for Publication. the issuance of subpoenas under this section. Such procedures shall

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