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republic-os/legal/us/code/title-42/chapter-21/section-1997a-1.md
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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 1997a1 Subpoena authority us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 21 CIVIL RIGHTS 1997a1 42 U.S.C. § 1997a1 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s1997a1 data/legal/raw/us/code/title-42/usc42.xml 5f482ce4d95efc4f124965e306415ef2522e8ea8deca6b878e88a8306b8d818e 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e cf96fb091f258c4b16acf531d53dfbd554b066d3a8521934c911471ab7a9fc1c 2026-07-04 official
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42 U.S.C. § 1997a1 - Subpoena authority

Text

(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) shall bear the signature of the Attorney General or any officer or employee of the Department of Justice as designated by the Attorney General; and

(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 11 So in original. Probably should be preceded by “of”. 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) may not be used 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;

(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.

(Pub. L. 96247, § 3A, as added Pub. L. 111148, title X, § 10606(d)(2), Mar. 23, 2010, 124 Stat. 1008.)