(2) FACTORS
IN
DETERMINING
CIVIL
PEN-
ALTY.—In determining the amount of a civil penalty,
the Secretary shall take into account the nature, cir-
cumstance, extent, and gravity of the violation or
violations and the Secretary may consider, with re-
spect to the violator, ability to pay, effect on ability
to continue to do business, any history of prior viola-
tions, the degree of culpability, and any other factors
the Secretary deems appropriate.
(3) SETTLEMENT OF CIVIL PENALTIES.—The
Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that may be as-
sessed under this subsection.
(4) FINALITY OF ORDERS.—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. The validity of the Sec-
retary’s order may not be reviewed in an action to
collect the civil penalty. Any civil penalty not paid in
full when due under an order assessing the civil pen-
alty shall thereafter accrue interest until paid at the
rate of interest applicable to civil judgments of the
courts of the United States.
(c) SUSPENSION OR REVOCATION OF ACCREDITA-
TION.—
(1) IN
GENERAL.—The Secretary may, after
notice and opportunity for a hearing on the record,
suspend or revoke the accreditation of any veteri-
narian accredited under this Act who violates this
Act. The order of the Secretary suspending or revok-
ing accreditation shall be treated as a final order re-
viewable under chapter 158 of title 28, United
States Code.
(2) SUMMARY SUSPENSION.—
(A) IN GENERAL.—Notwithstanding para-
graph (1), the Secretary may summarily sus-
pend the accreditation of a veterinarian, whom
the Secretary has reason to believe has violated
a provision of this Act, to protect the public
health, interest, or safety.
(B) HEARING.—The Secretary shall pro-
vide the accredited veterinarian with a subse-
quent notice and an opportunity for a prompt
post-suspension hearing on the record.
(d) LIABILITY FOR ACTS OF AN AGENT.—When con-
struing and enforcing this Act, the act, omission, or failure
of any officer, agent, or person acting for or employed by
any other person within the scope of his or her employ-
ment or office, shall be deemed also to be the act, omis-
sion, or failure of the other person.
(e) GUIDELINES FOR CIVIL PENALTIES.—The Sec-
retary shall coordinate with the Attorney General to estab-
lish 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 Act.
SEC. 16. ENFORCEMENT.
(a) COLLECTION OF INFORMATION.—
(1) IN GENERAL.—The Secretary may gather
and compile information and conduct any investiga-
tions the Secretary considers necessary for the ad-
ministration and enforcement of this Act.
(2) SUBPOENAS.—
(A) IN
GENERAL.—The Secretary shall
have power to subpoena the attendance and tes-
timony of any witness, and the production of all
documentary evidence relating to the adminis-
tration or enforcement of this Act or any mat-
ter under investigation in connection with this
Act.
(B) LOCATION OF PRODUCTION.—The at-
tendance of any witness and production of doc-
umentary evidence may be required from any
place in the United States at any designated
place of hearing.
(C) ENFORCEMENT
OF
SUBPOENA.—In
case of disobedience to a subpoena by any per-
son, 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 per-
son resides, is found, transacts business, is li-
censed to do business, or is incorporated in re-
quiring the attendance and testimony of any
witness and the production of documentary evi-
dence. 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. Any failure
to obey the court’s order may be punished by
the court as contempt of the court.
(D) 
COMPENSATION.—Witnesses 
sum-
moned by the Secretary shall be paid the same
fees and mileage that are paid to witnesses in
courts of the United States, and witnesses
whose depositions are taken and the persons
taking the depositions shall be entitled to the
same fees that are paid for similar services in
the courts of the United States.
(E) PROCEDURES.—The Secretary shall
publish procedures for the issuance of sub-
poenas under this section. Such procedures
shall include a requirement that subpoenas be
reviewed for legal sufficiency and signed by the
Secretary. If the authority to sign a subpoena
is delegated, the agency receiving the delegation
shall seek review for legal sufficiency outside
that agency.
(F) SCOPE OF SUBPOENA.—Subpoenas for
witnesses to attend court in any judicial district
or testify or produce evidence at an administra-
tive hearing in any judicial district in any ac-
tion or proceeding arising under this Act may
run to any other judicial district.
(b) AUTHORITY OF THE ATTORNEY GENERAL.—The
Attorney General may—
(1) prosecute, in the name of the United States,
all criminal violations of this Act 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 Act, or to enjoin any
interference by any person with the Secretary in car-
rying out this Act, whenever the Secretary has rea-
son to believe that the person has violated, or is
about to violate this Act, or has interfered, or is
about to interfere, with the Secretary; and
(3) bring an action for the recovery of any un-
paid civil penalty, funds under reimbursable agree-
ments, late payment penalty, or interest assessed
under this Act.
(c) COURT JURISDICTION.—
(1) IN GENERAL.—The United States district
courts, the District Court of Guam, 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 Act. Any
action arising under this Act 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 viola-
tion, interference, impending violation, impending in-
terference, or failure to pay resides, is found, trans-
acts business, is licensed to do business, or is incor-
porated.
(2) EXCEPTION.—Paragraph (1) does not apply
to subsections (b) and (c) of section 15.