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Full Text of this Amendment

SA 1001. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1082, to amend the Federal Food, Drug, and Cosmetic Act to reauthorize and amend the prescription drug user fee provisions, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
SEC. __. SUBPOENA AUTHORITY OF THE COMMISSIONER OF FOOD AND DRUGS.
(a) In General.--Section 310 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 337) is amended by adding at the end the following:
``(c) For the purpose of--
``(1) any hearing, investigation, or other proceeding respecting a violation of this Act,
``(2) any hearing, investigation, or other proceeding to determine if a person is in compliance with a standard or other requirement under this Act, or
``(3) any hearing, investigation, or other proceeding to establish a standard or other requirement under this Act,
the Commissioner may issue subpoenas requiring the attendance and testimony of witnesses and the production of documentary evidence. Such attendance of witnesses and production of evidence at the designated place of such hearing, investigation, or other proceeding may be required from any place in the United States or in any territory or possession of the United States. Subpoenas of the Commissioner shall be served by a person authorized by the Commissioner by delivering a copy thereof to the
person named therein or by certified mail addressed to such person at such person's last known dwelling place or principal place of business. A verified return by the person so serving the subpoena setting forth the manner of service, or, in the case of
service by certified mail, the return post office receipt therefor signed by the person so served, shall be proof of service. Witnesses so subpoenaed shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States.
``(d) In case of a refusal to obey a subpoena duly served upon any person under subsection (c), any district court of the United States for the judicial district in which such person charged with refusal to obey is found, resides, or transacts business, upon application by the Commissioner, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce evidence, or both. The failure to obey such order of the court may be punished by the
court as contempt thereof.''.
(b) Enforcement.--Section 301 (21 U.S.C. 331) is amended by adding at the end the following:
``(jj) The failure or refusal to obey a subpoena issued by the Commissioner under section 310(c).''.


(As printed in the Congressional Record for the Senate on May 1, 2007.)