producers for such product or service, pay the amount over
to the association or its assignee.’’.
SEC. 8. INVESTIGATIVE POWERS OF SECRETARY.
The Agricultural Fair Practices Act of 1967 (7
U.S.C. 2301 et seq.) is amended by inserting after section
7 (as added by section 7) the following new section:
‘‘SEC. 8. INVESTIGATIVE POWERS OF SECRETARY.
‘‘(a) INVESTIGATIVE POWERS.—The Secretary of Ag-
riculture shall have the following powers to carry out the
objectives of this Act, including the conduct of any inves-
tigations or hearings:
‘‘(1) The Secretary may require any person to
establish and maintain such records, make such re-
ports, and provide such other information as the
Secretary may reasonably require.
‘‘(2) The Secretary and any officer or employee
of the Department of Agriculture, upon presentation
of credentials and a warrant or such other order of
a court as may be required by the Constitution—
‘‘(A) shall have a right of entry to, upon,
or through any premises in which records re-
quired to be maintained under paragraph (1)
are located, and
‘‘(B) may at reasonable times have access
to and copy any records, which any person is
required to maintain or which relate to any
matter under investigation or in question.
‘‘(b) TREATMENT OF RECORDS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any records, reports, or information ob-
tained under this section shall be available to the
public.
‘‘(2) EXCEPTION.—Upon a showing satisfactory
to the Secretary of Agriculture that records, reports,
or information acquired under this section, if made
public, would divulge confidential business informa-
tion, the Secretary shall consider such record, re-
port, or information or particular portion thereof
confidential in accordance with section 1905 of title
18, United States Code, except that the Secretary
may disclose such record, report, or information to
other officers, employees, or authorized representa-
tives of the United States concerned with carrying
out this Act or when relevant in any proceeding
under this Act.
‘‘(c) POWERS RELATED TO HEARINGS.—
‘‘(1) ATTENDANCE OF WITNESSES.—In making
inspections and investigations under this Act, the
Secretary of Agriculture may require the attendance
and testimony of witnesses and the production of
evidence under oath.
‘‘(2) SUBPOENA POWER.—The Secretary, upon
application of any party to a hearing held under sec-
tion 9, shall forthwith issue to such party subpoenas
requiring the attendance and testimony of witnesses
or the production of evidence requested in such ap-
plication. Within five days after the service of a sub-
poena on any person requiring the production of any
evidence in the possession of the person or under the
control of the person, the person may petition the
Secretary to revoke such subpoena. The Secretary
shall revoke such subpoena if in the opinion of the
Secretary the evidence whose production is required
does not relate to any matter in question, or if such
subpoena does not describe with sufficient particu-
larity the evidence whose production is required.
‘‘(3) OATHS AND OTHER MATTERS.—The Sec-
retary, or any officer or employee of the Department
of Agriculture designated for such purpose, shall
have power to administer oaths, sign and issue sub-
poenas, examine witnesses, and receive evidence.
Witnesses shall be paid the same fees and mileage
allowance as are paid witnesses in the courts of the
United States.
‘‘(d) FAILURE TO COMPLY.—In the case of any fail-
ure or refusal of any person to obey a subpoena or order
of the Secretary of Agriculture under this section, any dis-
trict court of the United States, within the jurisdiction of
which such person is found or resides or transacts busi-
ness, upon the application by the Secretary shall have ju-
risdiction to issue to such person an order requiring such
person to appear to produce evidence if, as, and when so
ordered to give testimony relating to the matter under in-
vestigation or in question. Any failure to obey such order
of the court may be punished by the court as a contempt
of court.’’.
SEC. 9. ADMINISTRATIVE PROCEEDINGS TO PREVENT PRO-
HIBITED PRACTICES.
The Agricultural Fair Practices Act of 1967 (7
U.S.C. 2301 et seq.) is amended by inserting after section
8 (as added by section 8) the following new section:
‘‘SEC. 9. ADMINISTRATIVE PROCEEDINGS TO PREVENT
PROHIBITED PRACTICES.
‘‘(a) PETITION.—Any person complaining of any vio-
lation of section 4 or other provision of this Act may apply
to the Secretary of Agriculture by petition, which shall
briefly state the facts serving as the basis for the com-
plaint. If, in the opinion of the Secretary, the facts con-
tained in the petition warrant further action, the Secretary
shall forward a copy of the petition to the accredited asso-
ciation or handler named in the petition, who shall be
called upon to satisfy the complaint, or to answer it in
writing, within a reasonable time to be prescribed by the
Secretary.
‘‘(b) INVESTIGATION AND COMPLAINT.—If there ap-
pears to be, in the opinion of the Secretary, reasonable
grounds for investigating a complaint made under sub-
section (a), the Secretary of Agriculture shall investigate
such complaint or notification. In the opinion of the Sec-
retary, if the investigation substantiates the existence of
a violation of section 4 or other provision of this Act, the
Secretary may cause a complaint to be issued. The Sec-
retary shall have the complaint served by registered mail
or certified mail or otherwise on the person concerned and
afford such person an opportunity for a hearing thereon
before a duly authorized examiner of the Secretary in any
place in which the subject of the complaint is engaged in
business.
‘‘(c) HEARING.—The person complained of shall have
the right to file an answer to the original and any amend-
ed complaint and to appear in person or otherwise and
give testimony. The person who filed the charge shall also
have the right to appear in person or otherwise and give
testimony. Any such proceeding shall, as far as prac-
ticable, be conducted in accordance with the rules of evi-
dence and the rules of civil procedure applicable in the
district courts of the United States.
‘‘(d) ORDERS.—If, upon a preponderance of the evi-
dence, the Secretary of Agriculture is of the opinion that
the person subject to the complaint has violated section
4 or other provision of this Act, the Secretary shall issue
an order containing the Secretary’s findings of fact and
requiring the person to cease and desist from such viola-
tion. The Secretary may order such further affirmative ac-
tion, including an award of damages to compensate the
person filing the petition for the damages sustained, as
will effectuate the policies of this Act and make the person
filing the petition whole.
‘‘(e) COMPLAINTS INSTITUTED BY SECRETARY.—The
Secretary of Agriculture may at any time institute an in-
vestigation under subsection (b) if there appears to be,
in the opinion of the Secretary, reasonable grounds for
the investigation and the matter to be investigated is such
that a petition is authorized to be made to the Secretary.
The Secretary shall have the same power and authority
to proceed with any investigation instituted under this
subsection as though a petition had been filed under sub-
section (a), including the power to make and enforce any
order.