Page:United States Statutes at Large Volume 116 Part 1.djvu/531

 PUBLIC LAW 107-171 —MAY 13, 2002 116 STAT. 505 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 subsection. (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, United States Code. (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 judgments of the courts of the United States. (c) LIABILITY FOR ACTS OF AGENTS. — In the construction and enforcement of this subtitle, the act, omission, or failure of any officer, agent, or person acting for or employed by any other person within the scope of the employment or office of the officer, agent, or person, shall be deemed also to be the act, omission, or failure of the other person. (d) GUIDELINES FOR CIVIL PENALTIES. —Subject to the approval of the Attorney General, the Secretary shall establish guidelines to determine under what circumstances the Secretary may issue a civil penalty or suitable notice of warning in lieu of prosecution by the Attorney General of a violation of this subtitle. SEC. 10415. ENFORCEMENT. 7 USC 8314. (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

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