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7 U.S.C. § 8314 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Collection of information**
(1) **In general** — The Secretary may gather and compile information and conduct any inspection or investigation that the Secretary considers to be necessary for the administration or enforcement of this chapter.
(2) **Subpoenas**
(A) *In general* — The Secretary shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the subpoena is directed to permit the inspection of premises relating to the administration or enforcement of this chapter 11 See References in Text note below. or any matter under investigation in connection with this chapter.1
(B) *Location of production* — The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States.
(C) *Enforcement*
(i) *In general* — In 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, to require the attendance and testimony of any witness, the production of evidence, or the inspection of premises.
(ii) *Noncompliance* — 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, produce evidence, or permit the inspection of premises.
(iii) *Contempt* — Any failure to obey the order of the court may be pun
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Stable record: federal_law:legal_authorities:record_usc_4a1ec0b05135ceb7e67ce409
Source file: Laws/federal/codes/united-states-code/title-7/section-8314-enforcement--06b8490735.md
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Source location: Title 7, Chapter 109, § 8314; chapter-109-animal-health-protection.md
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**(a) Collection of information**
(1) **In general** — The Secretary may gather and compile information and conduct any inspection or investigation that the Secretary considers to be necessary for the administration or enforcement of this chapter.
(2) **Subpoenas**
(A) *In general* — The Secretary shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the subpoena is directed to permit the inspection of premises relating to the administration or enforcement of this chapter 11 See References in Text note below. or any matter under investigation in connection with this chapter.1
(B) *Location of production* — The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States.
(C) *Enforcement*
(i) *In general* — In 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, to require the attendance and testimony of any witness, the production of evidence, or the inspection of premises.
(ii) *Noncompliance* — 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, produce evidence, or permit the inspection of premises.
(iii) *Contempt* — Any failure to obey the order of the court may be punished by the court as contempt of the court.
(D) *Compensation*
(i) *Witnesses* — A witness summoned by the Secretary under this chapter shall be paid the same fees and mileage that are paid to a witness in a court of the United States.
(ii) *Depositions* — A witness whose deposition is taken, and the person taking the deposition, shall be entitled to the same fees that are paid for similar services in a court of the United States.
(E) *Procedures*
(i) *Publication* — The Secretary shall publish procedures for the issuance of subpoenas under this section.
(ii) *Review* — The procedures shall include a requirement that subpoenas be reviewed for legal sufficiency and, to be effective, be signed by the Secretary.
(iii) *Delegation* — If the authority to sign a subpoena is delegated to an agency other than the Office of Administrative Law Judges, the agency receiving the delegation shall seek review of the subpoena for legal sufficiency outside that agency.
**(b) Authority of Attorney General** The Attorney General may—
(1) prosecute, in the name of the United States, all criminal violations of this chapter that are referred to the Attorney General by the Secretary or are brought to the notice of the Attorney General by any person;
(2) bring an action to enjoin the violation of or to compel compliance with this chapter, or to enjoin any interference by any person with the Secretary in carrying out this chapter, in any case in which the Secretary has reason to believe that the person has violated, or is about to violate this chapter or has interfered, or is about to interfere, with the actions of the Secretary; or
(3) bring an action for the recovery of any unpaid civil penalty, funds under a reimbursable agreement, late payment penalty, or interest assessed under this chapter.
**(c) Court jurisdiction**
(1) **In general** — The United States district courts, the District Court of Guam, the District Court of the Northern Mariana Islands, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories and possessions are vested with jurisdiction in all cases arising under this chapter.
(2) **Venue** — Any action arising under this chapter may be brought, and process may be served, in the judicial district where a violation or interference occurred or is about to occur, or where the person charged with the violation, interference, impending violation, impending interference, or failure to pay resides, is found, transacts business, is licensed to do business, or is incorporated.
(3) **Exception** — Paragraphs (1) and (2) do not apply to sections 8309(c) and 8313(b) of this title.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report** The Secretary of Agriculture shall investigate and submit to Congress a report on—
(1) the scope of nonambulatory livestock;
(2) the causes that render livestock nonambulatory;
(3) the humane treatment of nonambulatory livestock; and
(4) the extent to which nonambulatory livestock may present handling and disposition problems for stockyards, market agencies, and dealers.
**(b) Authority** Based on the findings of the report, if the Secretary determines it necessary, the Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of nonambulatory livestock by stockyards, market agencies, and dealers.
**(c) Administration and enforcement** For the purpose of administering and enforcing any regulations promulgated under subsection (b), the authorities provided under sections 10414 [[7 U.S.C. 8313](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8313&num=0&edition=prelim)] and 10415 [[7 U.S.C. 8314](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8314&num=0&edition=prelim)] shall apply to the regulations in a similar manner as those sections apply to the Animal Health Protection Act [[7 U.S.C. 8301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8301&num=0&edition=prelim) et seq.]. Any person that violates regulations promulgated under subsection (b) shall be subject to penalties provided in section 10414.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2198
TITLE 7—AGRICULTURE
§ 8314
1 See References in Text note below.
unauthorized use, alteration, defacing or de-
struction of a certificate, permit, or other
document provided under this chapter that
results in the person’s deriving pecuniary
gain or causing pecuniary loss to another
person.
(2) Factors in determining civil penalty
In determining the amount of a civil pen-
alty, the Secretary shall take into account the
nature, circumstance, extent, and gravity of
the violation or violations and the Secretary
may consider, with respect to the violator—
(A) the ability to pay;
(B) the effect on ability to continue to do
business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) such other factors as the Secretary
considers to be appropriate.
(3) Settlement of civil penalties
The Secretary may compromise, modify, or
remit, with or without conditions, any civil
penalty that may be assessed under this sub-
section.
(4) Finality of orders
(A) Final order
The order of the Secretary assessing a
civil penalty shall be treated as a final order
reviewable under chapter 158 of title 28.
(B) Review
The validity of the order of the Secretary
may not be reviewed in an action to collect
the civil penalty.
(C) Interest
Any civil penalty not paid in full when due
under an order assessing the civil penalty
shall thereafter accrue interest until paid at
the rate of interest applicable to civil judg-
ments of the courts of the United States.
(c) Liability for acts of agents
In the construction and enforcement of this
chapter, the act, omission, or failure of any offi-
cer, agent, or person acting for or employed by
any other person within the scope of the em-
ployment or office of the officer, agent, or per-
son, shall
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