S.Amdt. 2114
What it does: Adds SEC. 11__. SUBPOENA AUTHORITY at the end of title XI
Sen. Chuck Grassley (R-IA)What it changes
1 change to S. 3187 · shown in the bill's text
Adds SEC. 11__. SUBPOENA AUTHORITY at the end of title XI
Adds a sectionIn S. 3187 · Placed on Calendar Senate
"(b) Financial Interest.--In this section, the term 'financial interest' means a financial interest under section 208(a) of title 18, United States Code.".
Inserted: SEC. 11__. SUBPOENA AUTHORITY.
Inserted: Section 702 (21 U.S.C. 372) is amended by adding at the end the following:
Inserted: "(f)(1) The Secretary may conduct investigations as the Secretary deems necessary--
Inserted: "(A) to carry out the authority of the Secretary under this Act or section 351 of the Public Health Service Act; or
Inserted: "(B) to determine whether any person has engaged or is about to engage in any act that constitutes or will constitute a violation of this Act or such section 351.
Inserted: "(2) For the purpose of any investigation conducted under paragraph (1), the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of such witnesses, take evidence, and require the production of any books, papers, documents, or other materials that are relevant to the investigation.
Inserted: "(3)(A) In case of contumacy or refusal to obey a subpoena issued under paragraph (2), the district court of the United States for the judicial district in which such investigation or proceeding is conducted, or in which the subpoenaed person resides or conducts business, may issue an order requiring such person to appear before the Secretary, testify, or produce books, papers, documents, or other materials that are relevant to the investigation. All process in any such case may be served in the judicial district in which such person resides or may be found.
Inserted: "(B) Any failure to obey an order issued under subparagraph (A) may be punished by the court as contempt of court.".
Original wording
At the end of title XI, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2114. Mr. GRASSLEY (for himself and Mr. Whitehouse) submitted an amendment intended to be proposed by him to the bill S. 3187, to amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs and medical devices, to establish user-fee programs for generic drugs and biosimilars, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XI, add the following:
SEC. 11__. SUBPOENA AUTHORITY.
Section 702 (21 U.S.C. 372) is amended by adding at the end the following:
“(f)(1) The Secretary may conduct investigations as the Secretary deems necessary--
“(A) to carry out the authority of the Secretary under this Act or section 351 of the Public Health Service Act; or
“(B) to determine whether any person has engaged or is about to engage in any act that constitutes or will constitute a violation of this Act or such section 351.
“(2) For the purpose of any investigation conducted under paragraph (1), the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of such witnesses, take evidence, and require the production of any books, papers, documents, or other materials that are relevant to the investigation.
“(3)(A) In case of contumacy or refusal to obey a subpoena issued under paragraph (2), the district court of the United States for the judicial district in which such investigation or proceeding is conducted, or in which the subpoenaed person resides or conducts business, may issue an order requiring such person to appear before the Secretary, testify, or produce books, papers, documents, or other materials that are relevant to the investigation. All process in any such case may be served in the judicial district in which such person resides or may be found.
“(B) Any failure to obey an order issued under subparagraph (A) may be punished by the court as contempt of court.”.
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Senate amendment submitted
May 21, 2012