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7 U.S.C. § 8314Enforcement

submitted 24 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 710 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can investigate and subpoena witnesses, records, or property to enforce this chapter. Courts can force compliance with a subpoena and punish refusal as contempt. The Attorney General can prosecute violations, sue to stop them, or collect unpaid penalties in federal court.

(a) Collection of information (1) In general: The Secretary may gather and compile information, and run any inspection or investigation the Secretary considers necessary to administer or enforce this chapter. (2) Subpoenas (A) In general: The Secretary can subpoena a witness's attendance and testimony, the production of evidence (including books, papers, documents, electronically stored information, and other tangible items), or require inspection of premises relating to enforcing this chapter or any matter under investigation in connection with it. (B) Location of production: A witness's attendance, and production of evidence relevant to the inquiry, can be required from anywhere in the United States. (C) Enforcement (i) In general: If someone disobeys a subpoena, the Secretary can ask the Attorney General to get the help of a U.S. court — in the district where the investigation is happening, or where the person lives, is found, does business, is licensed to do business, or is incorporated — to compel the witness's attendance and testimony, the production of evidence, or the inspection. (ii) Noncompliance: If someone refuses to obey a subpoena, a court can order them to appear before the Secretary and give evidence, produce evidence, or allow the inspection. (iii) Contempt: A court can punish any failure to obey its order as contempt of court. (D) Compensation (i) Witnesses: A witness the Secretary summons under this chapter gets the same fees and mileage pay as a witness in a U.S. court. (ii) Depositions: A witness giving a deposition, and the person taking it, get the same fees paid for similar services in a U.S. court. (E) Procedures (i) Publication: The Secretary must publish the procedures for issuing subpoenas under this section. (ii) Review: Those procedures must require every subpoena to be reviewed for legal sufficiency and, to be effective, 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, that agency must have the subpoena's legal sufficiency reviewed outside itself. (b) Authority of Attorney General: The Attorney General may (1) prosecute, in the name of the United States, all criminal violations of this chapter the Secretary refers, or that anyone brings to the Attorney General's notice; (2) sue to enjoin a violation of this chapter, compel compliance with it, or stop any interference with the Secretary carrying it out, whenever the Secretary has reason to believe a person has violated, is about to violate, has interfered with, or is about to interfere with the Secretary's actions; or (3) sue to recover any unpaid civil penalty, funds owed under a reimbursable agreement, late payment penalty, or interest owed under this chapter. (c) Court jurisdiction (1) In general: U.S. district courts, the District Courts of Guam, the Northern Mariana Islands, and the Virgin Islands, the highest court of American Samoa, and the U.S. courts of other territories and possessions all have jurisdiction over cases arising under this chapter. (2) Venue: A case under this chapter can be brought, and papers served, in the judicial district where a violation or interference happened or is about to happen, or where the person charged lives, is found, does business, is licensed to do business, or is incorporated. (3) Exception: Paragraphs (1) and (2) don't apply to sections 8309(c) and 8313(b) of this title.
the actual law source: uscode.house.gov ↗public domain
(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 1 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-171 · 116 Stat. 505
  • 2008Amended · Pub. L. 110-234 · 122 Stat. 1360
  • 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 2122

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-171 on 2002-05-13.

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