§ 8314. Enforcement

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–171 title X § 10415 · 116 Stat. 134

   Enacted · 7 U.S.C. § 8314

   Pub. L. 107–171, title X, § 10415, May 13, 2002, 116 Stat. 505

   Source evidence

   Code source credit
   Pub. L. 107–171, title X, § 10415, May 13, 2002, 116 Stat. 505

   Enacted provision · exact public law section
   SEC. 10415. ENFORCEMENT. (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 subtitle. (2) Subpoenas.— (A) In general.— The Secretary 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 subtitle or any matter under investigation in connection with this subtitle. (B) Location of production.— The attendance of any witness and production of documentary 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 and the production of documentary evidence. (ii) Noncompllance.— 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 or to produce documentary evidence. (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 subtitle 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 subtitle that are referred to tire 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 subtitle, or to enjoin any interference by any person with the Secretary in carrying out this subtitle, in any case in which the Secretary has reason to believe that the person has violated, or is about to violate this subtitle 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 subtitle. (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 subtitle. (2) Venue.— Any action arising under this subtitle 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 10410(c) and 10414(b).

2. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 11012(b)(1) · 122 Stat. 1651

   1. Added · 7 U.S.C. § 8314(a)(2)(A)

      Pub. L. 110–246, § 11012(b)(1), added subpar. (A)

   2. Struck · 7 U.S.C. § 8314(a)(2)(A)

      Pub. L. 110–246, § 11012(b)(1), struck out former subpar. (A). Prior to amendment, text read as follows: “The Secretary 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.”

   Source evidence

   Code amendment note
   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 Secretary 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.”

   Enacted provision · exact public law section
   (1) by striking subparagraph (A) and inserting the following: “(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 title or any matter under investigation in connection with this title.” ;

   Effective date note
   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.

3. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 11012(b)(2) · 122 Stat. 1651

   Struck · 7 U.S.C. § 8314(a)(2)(B)

   Pub. L. 110–246, § 11012(b)(2), struck out “documentary” before “evidence”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 110–246, § 11012(b)(2), struck out “documentary” before “evidence”.

   Enacted provision · exact public law section
   (2) in subparagraph (B), by striking “documentary”; and

   Effective date note
   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.

4. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 11012(b)(3)(A) · 122 Stat. 1651

   Substituted · 7 U.S.C. § 8314(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 “testimony of any witness and the production of documentary evidence”

   Source evidence

   Code amendment note
   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 “testimony of any witness and the production of documentary evidence”.

   Enacted provision · exact public law section
   (A) in clause (i), by striking “testimony of any witness and the production of documentary evidence” and inserting “testimony of any witness, the production of evidence, or the inspection of premises”; and

   Effective date note
   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.

5. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 11012(b)(3)(B) · 122 Stat. 1651

   Substituted · 7 U.S.C. § 8314(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) in clause (ii), by striking “question or to produce documentary evidence” and inserting “question, produce evidence, or permit the inspection of premises”.

   Effective date note
   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.

6 of 6 references resolved to an enrolled provision