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Full Text of this Amendment

SA 3547. Mr. ROBERTS (for himself and Mr. BROWNBACK) submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. HARKIN (for himself, Mr. CHAMBLISS, Mr. BAUCUS, and Mr. GRASSLEY) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

Strike sections 10103 and 10104 and insert the following:
The Agricultural Fair Practices Act of 1967 is amended--
(1) by striking section 6 (7 U.S.C. 2305);
(2) by redesignating sections 5 and 7 (7 U.S.C. 2304, 2306) as sections 7 and 8, respectively; and
(3) by inserting after section 4 the following:
``(a) Civil Actions by the Secretary Against Handlers.--In any case in which the Secretary has reasonable cause to believe that a handler or group of handlers has engaged in any act or practice that violates this Act, the Secretary may bring a civil action in United States district court by filing a complaint requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, against the handler.
``(b) Civil Actions Against Handlers.--
``(A) IN GENERAL.--In any case in which any handler has engaged, or there are reasonable grounds to believe that any handler is about to engage, in any act or practice prohibited by this Act, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved in United States district court.
``(B) SECURITY.--The court may provide that no restraining order or preliminary injunction shall issue unless security is provided by the applicant, in such sum as the court determines to be appropriate, for the payment of such costs and damages as may be incurred or suffered by any party that is found to have been wrongfully enjoined or restrained.
``(2) DAMAGES.--
``(A) IN GENERAL.--Any person injured in the business or property of the person by reason of any violation of, or combination or conspiracy to violate, this Act may bring a civil action in United States district court to recover--
``(i) damages sustained by the person as a result of the violation; and
``(ii) any additional penalty that the court may allow, but not more than $1,000 per violation.
``(B) LIMITATION ON ACTIONS.--A civil action under subparagraph (A) shall be barred unless commenced within 4 years after the cause of action accrues.
FEES.--In any action commenced under paragraph (1) or (2), any person that has violated this Act shall be liable to any person injured as a result of the violation for the full amount of the damages sustained as a result of the violation, including costs of the litigation and reasonable attorneys' fees.

``(c) Jurisdiction of District Courts.--The district courts of the United States shall--
``(1) have jurisdiction of proceedings instituted pursuant to this section; and
``(2) exercise that jurisdiction without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.
``(d) Liability for Acts of Agents.--In the construction and enforcement of 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 the employment or office of the officer, agent, or person, shall be considered to be the act, omission, or failure of the other person.
``(e) Relationship to State Law.--Nothing in this Act--
``(1) changes or modifies State law in effect on the date of enactment of this subsection; or
``(2) deprives a State court of jurisdiction.''.
The Agricultural Fair Practices Act of 1967 is amended by inserting after section 5 (as amended by section 10103) the following:
``The Secretary may promulgate such rules and regulations as are necessary to carry out this Act, including rules or regulations necessary to clarify what constitutes fair and normal dealing for purposes of the selection of customers by handlers.''.

(As printed in the Congressional Record for the Senate on Nov 7, 2007.)