7 U.S.C. § 8314 — Enforcement

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 be deemed also to be the act, omis- sion, or failure of the other person. (d) Guidelines for civil penalties Subject to the approval of the Attorney Gen- eral, the Secretary shall establish guidelines to determine under what circumstances the Sec- retary may issue a civil penalty or suitable no- tice of warning in lieu of prosecution by the At- torney General of a violation of this chapter. (Pub. L. 107–171, title X, § 10414, May 13, 2002, 116 Stat. 504; Pub. L. 110–234, title XI, § 11012(a), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11012(a), June 18, 2008, 122 Stat. 1664, 2122.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For com- plete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (b)(1)(A)(iii). Pub. L. 110–246, § 11012(a), added cl. (iii) and struck out former cl. (iii) which read as follows: ‘‘$500,000 for all violations adjudicated in a single proceeding; or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8314. Enforcement (a) Collection of information (1) In general The Secretary may gather and compile in- formation and conduct any inspection or in- vestigation that the Secretary considers to be necessary for the administration or enforce- ment of this chapter. (2) Subpoenas (A) In general The Secretary shall have the power to sub- poena the attendance and testimony of any witness, the production of all evidence (in- cluding books, papers, documents, electroni- cally stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the sub- poena is directed to permit the inspection of premises relating to the administration or enforcement of this chapter 1 or any matter under investigation in connection with this chapter.1 (B) Location of production The attendance of any witness and produc- tion 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 ju- Page 2199 TITLE 7—AGRICULTURE § 8314 risdiction 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 inspec- tion 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 con- tempt 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 require- ment 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 Of- fice of Administrative Law Judges, the agency receiving the delegation shall seek review of the subpoena for legal suffi- ciency 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 reimburs- able agreement, late payment penalty, or in- terest assessed under this chapter. (c) Court jurisdiction (1) In general The United States district courts, the Dis- trict 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 inter- ference occurred or is about to occur, or where the person charged with the violation, inter- ference, impending violation, impending inter- ference, 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 sec- tions 8309(c) and 8313(b) of this title. (Pub. L. 107–171, title X, § 10415, May 13, 2002, 116 Stat. 505; Pub. L. 110–234, title XI, § 11012(b), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11012(b), June 18, 2008, 122 Stat. 1664, 2122.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2)(A), was in the original ‘‘this title’’, and was translated as reading ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, to reflect the probable intent of Congress. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (a)(2)(A). Pub. L. 110–246, § 11012(b)(1), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘The Sec- retary shall have power to issue a subpoena to compel the attendance and testimony of any witness and the production of any documentary evidence relating to the administration or enforcement of this chapter or any matter under investigation in connection with this chapter.’’ Subsec. (a)(2)(B). Pub. L. 110–246, § 11012(b)(2), struck out ‘‘documentary’’ before ‘‘evidence’’. Subsec. (a)(2)(C)(i). Pub. L. 110–246, § 11012(b)(3)(A), substituted ‘‘testimony of any witness, the production of evidence, or the inspection of premises’’ for ‘‘testi- mony of any witness and the production of documen- tary evidence’’. Subsec. (a)(2)(C)(ii). Pub. L. 110–246, § 11012(b)(3)(B), substituted ‘‘question, produce evidence, or permit the inspection of premises’’ for ‘‘question or to produce documentary evidence’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the Page 2200 TITLE 7—AGRICULTURE § 8315 date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8315. Regulations and orders The Secretary may promulgate such regula- tions, and issue such orders, as the Secretary de- termines necessary to carry out this chapter. (Pub. L. 107–171, title X, § 10416, May 13, 2002, 116 Stat. 507.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For com- plete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8316. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as are necessary to carry out this chapter. (b) Transfer of funds (1) In general In connection with an emergency under which a pest or disease of livestock threatens any segment of agricultural production in the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Depart- ment of Agriculture such funds as the Sec- retary determines are necessary for the arrest, control, eradication, or prevention of the spread of the pest or disease of livestock and for related expenses. (2) Availability Any funds transferred under this subsection shall remain available until expended, without fiscal year limitation. (3) Reviewability The action of any officer, employee, or agent of the Secretary in carrying out this section (including determining the amount of and making any payment authorized to be made under this chapter) shall not be subject to re- view by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary. (c) Use of funds In carrying out this chapter, the Secretary may use funds made available to carry out this chapter for— (1) the employment of civilian nationals in foreign countries; and (2) the construction and operation of re- search laboratories, quarantine stations, and other buildings and facilities for special pur- poses. (Pub. L. 107–171, title X, § 10417, May 13, 2002, 116 Stat. 507; Pub. L. 110–234, title XI, § 11011(3), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11011(3), June 18, 2008, 122 Stat. 1664, 2122.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For com- plete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (b)(3). Pub. L. 110–246, § 11011(3), struck out ‘‘of longer than 60 days’’ after ‘‘review’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8317. Effect on regulations A regulation issued under a provision of law repealed by subsection (a) shall remain in effect until the Secretary issues a regulation under section 8303(b) or 8315 of this title that super- sedes the earlier regulation. (Pub. L. 107–171, title X, § 10418(c), May 13, 2002, 116 Stat. 509.) Editorial Notes REFERENCES IN TEXT Subsection (a), referred to in text, means section 10418(a) of title X of Pub. L. 107–171, May 13, 2002, 116