TITLE V--AGRICULTURAL PROMOTION

            Subtitle A--Commodity Promotion and Evaluation

Sec. 501. Commodity promotion and evaluation.

    Subtitle B--Issuance of Orders for Promotion, Research, and Information
                 Activities Regarding Agricultural Commodities

Sec. 511. Short title.
Sec. 512. Findings and purpose.
Sec. 513. Definitions.
Sec. 514. Issuance of orders.
Sec. 515. Required terms in orders.
Sec. 516. Permissive terms in orders.
Sec. 517. Assessments.
Sec. 518. Referenda.
Sec. 519. Petition and review of orders.
Sec. 520. Enforcement.
Sec. 521. Investigations and power to subpoena.
Sec. 522. Suspension or termination.
Sec. 523. Amendments to orders.
Sec. 524. Effect on other laws.
Sec. 525. Regulations.
Sec. 526. Authorization of appropriations.

                    Subtitle C--Canola and Rapeseed

Sec. 531. Short title.
Sec. 532. Findings and declaration of policy.
Sec. 533. Definitions.
Sec. 534. Issuance and amendment of orders.
Sec. 535. Required terms in orders.
Sec. 536. Assessments.
Sec. 537. Referenda.
Sec. 538. Petition and review.
Sec. 539. Enforcement.
Sec. 540. Investigations and power to subpoena.
Sec. 541. Suspension or termination.
Sec. 542. Regulations.
Sec. 543. Authorization of appropriations.

                         Subtitle D--Kiwifruit

Sec. 551. Short title.
Sec. 552. Findings and purposes.
Sec. 553. Definitions.
Sec. 554. Issuance of orders.
Sec. 555. National Kiwifruit Board.
Sec. 556. Required terms in order.
Sec. 557. Permissive terms in order.
Sec. 558. Petition and review.
Sec. 559. Enforcement.
Sec. 560. Investigations and power to subpoena.
Sec. 561. Referenda.
Sec. 562. Suspension or termination.
Sec. 563. Regulations.
Sec. 564. Authorization of appropriations.

                          Subtitle E--Popcorn

Sec. 571. Short title.
Sec. 572. Findings and declaration of policy.
Sec. 573. Definitions.
Sec. 574. Issuance of orders.
Sec. 575. Required terms in orders.
Sec. 576. Referenda.
Sec. 577. Petition and review.
Sec. 578. Enforcement.
Sec. 579. Investigations and power to subpoena.
Sec. 580. Relation to other programs.
Sec. 581. Regulations.
Sec. 582. Authorization of appropriations.

                       Subtitle F--Miscellaneous

Sec. 591. Maintenance of records for honey promotion program.
 


TITLE V--AGRICULTURAL PROMOTION

Subtitle A--Commodity Promotion and Evaluation

SEC. 501. <<NOTE: 7 USC 7401.>> COMMODITY PROMOTION AND EVALUATION.

    (a) Commodity Promotion Law Defined.--In this section, the term
``commodity promotion law'' means a Federal law that provides for the
establishment and operation of a promotion program regarding an
agricultural commodity that includes a combination of promotion,
research, industry information, or consumer information activities, is
funded by mandatory assessments on producers or processors, and is
designed to maintain or expand markets and uses for the commodity (as
determined by the Secretary). The term includes--
            (1) the marketing promotion provisions under section
        8c(6)(I) of the Agricultural Adjustment Act (7 U.S.C.
        608c(6)(I)), reenacted with amendments by the Agricultural
        Marketing Agreement Act of 1937;
            (2) Public Law 89-502 (7 U.S.C. 2101 et seq.);
            (3) title III of Public Law 91-670 (7 U.S.C. 2611 et seq.);
            (4) Public Law 93-428 (7 U.S.C. 2701 et seq.);
            (5) Public Law 94-294 (7 U.S.C. 2901 et seq.);
            (6) subtitle B of title I of Public Law 98-180 (7 U.S.C.
        4501 et seq.);
            (7) Public Law 98-590 (7 U.S.C. 4601 et seq.);
            (8) subtitle B of title XVI of Public Law 99-198 (7 U.S.C.
        4801 et seq.);
            (9) subtitle C of title XVI of Public Law 99-198 (7 U.S.C.
        4901 et seq.);
            (10) subtitle B of title XIX of Public Law 101-624 (7 U.S.C.
        6101 et seq.);
            (11) subtitle E of title XIX of Public Law 101-624 (7 U.S.C.
        6301 et seq.);
            (12) subtitle H of title XIX of Public Law 101-624 (7 U.S.C.
        6401 et seq.);
            (13) Public Law 103-190 (7 U.S.C. 6801 et seq.);
            (14) Public Law 103-407 (7 U.S.C. 7101 et seq.);
            (15) subtitle B;
            (16) subtitle C;
            (17) subtitle D; or
            (18) subtitle E.

    (b) Findings.--Congress finds the following:
            (1) It is in the national public interest and vital to the
        welfare of the agricultural economy of the United States to
        maintain and expand existing markets and develop new markets and
        uses for agricultural commodities through industry-funded,
        Government-supervised, generic commodity promotion programs
        established under commodity promotion laws.
            (2) These generic commodity promotion programs, funded by
        the agricultural producers or processors who most directly reap
        the benefits of the programs and supervised by the Secretary of
        Agriculture, provide a unique opportunity for producers and
        processors to inform consumers about their products.
            (3) The central congressional purpose underlying each
        commodity promotion law has always been to maintain and expand
        markets for the agricultural commodity covered by the law,
        rather than to maintain or expand the share of those markets
        held by any individual producer or processor.
            (4) The commodity promotion laws were neither designed nor
        intended to prohibit or restrict, and the promotion programs
        established and funded pursuant to these laws do not prohibit or
        restrict, individual advertising or promotion of the covered
        commodities by any producer, processor, or group of producers or
        processors.
            (5) It has never been the intent of Congress for the generic
        commodity promotion programs established and funded by the
        commodity promotion laws to replace the individual advertising
        and promotion efforts of producers or processors.
            (6) An individual producer's or processor's own advertising
        initiatives are typically designed to increase the share of the
        market held by that producer or processor rather than to
        increase or expand the overall size of the market.
            (7) In contrast, a generic commodity promotion program is
        intended and designed to maintain or increase the overall demand
        for the agricultural commodity covered by the program
        and increase the size of the market for that commodity, often by
        utilizing promotion methods and techniques that individual
        producers and processors typically are unable, or have no
        incentive, to employ.
            (8) The commodity promotion laws establish promotion
        programs that operate as ``self-help'' mechanisms for producers
        and processors to fund generic promotions for covered
        commodities which, under the required supervision and oversight
        of the Secretary of Agriculture--
                    (A) further specific national governmental goals, as
                established by Congress; and
                    (B) produce nonideological and commercial
                communication the purpose of which is to further the
                governmental policy and objective of maintaining and
                expanding the markets for the covered commodities.
            (9) While some commodity promotion laws grant a producer or
        processor the option of crediting individual advertising
        conducted by the producer or processor for all or a portion of
        the producer's or processor's marketing promotion assessments,
        all promotion programs established under the commodity promotion
        laws, both those programs that permit credit for individual
        advertising and those programs that do not contain such
        provisions, are very narrowly tailored to fulfill the
        congressional purposes of the commodity promotion laws without
        impairing or infringing the legal or constitutional rights of
        any individual producer or processor.
            (10) These generic commodity promotion programs are of
        particular benefit to small producers who often lack the
        resources or market power to advertise on their own and who are
        otherwise often unable to benefit from the economies of scale
        available in promotion and advertising.
            (11) Periodic independent evaluation of the effectiveness of
        these generic commodity promotion programs will assist Congress
        and the Secretary of Agriculture in ensuring that the objectives
        of the programs are met.

    (c) Independent Evaluation of Promotion Program Effectiveness.--
Except as otherwise provided by law, each commodity board established
under the supervision and oversight of the Secretary of Agriculture
pursuant to a commodity promotion law shall, not less often than every 5
years, authorize and fund, from funds otherwise available to the board,
an independent evaluation of the effectiveness of the generic commodity
promotion programs and other programs conducted by the board pursuant to
a commodity promotion law. <<NOTE: Public information.>> The board shall
submit to the Secretary, and make available to the public, the results
of each periodic independent evaluation conducted under this subsection.

    (d) Administrative Costs.--The Secretary shall annually provide to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
information on administrative expenses on programs established under
commodity promotion laws.
 

Subtitle B <<NOTE: Commodity Promotion, Research, and Information Act of
     1996.>> --Issuance of Orders for Promotion, Research, and Information
    Activities Regarding Agricultural Commodities

SEC. 511. <<NOTE: 7 USC 7401 note.>> SHORT TITLE.

    This subtitle may be cited as the ``Commodity Promotion, Research,
and Information Act of 1996''.

SEC. 512. <<NOTE: 7 USC 7411.>> FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The production of agricultural commodities plays a
        significant role in the economy of the United States. Thousands
        of producers in the United States are involved in the production
        of agricultural commodities, and such commodities are consumed
        by millions of people throughout the United States and foreign
        countries.
            (2) Agricultural commodities must be of high quality,
        readily available, handled properly, and marketed efficiently to
        ensure that consumers have an adequate supply.
            (3) The maintenance and expansion of existing markets and
        the development of new markets for agricultural commodities
        through generic commodity promotion, research, and information
        programs are vital to the welfare of persons engaged in the
        production, marketing, and consumption of such commodities, as
        well as to the general economy of the United States.
            (4) Generic promotion, research, and information activities
        for agricultural commodities play a unique role in advancing the
        demand for such commodities, since such activities increase the
        total market for a product to the benefit of consumers and all
        producers. These generic activities complement branded
        advertising initiatives, which are aimed at increasing the
        market share of individual competitors, and are of particular
        benefit to small producers who lack the resources or market
        power to advertise on their own. These generic activities do not
        impede the branded advertising efforts of individual firms, but
        instead increase general market demand for an agricultural
        commodity using methods that individual companies do not have
        the incentive to employ.
            (5) Generic promotion, research, and information activities
        for agricultural commodities, paid by the producers and others
        in the industry who reap the benefits of such activities,
        provide a unique opportunity for producers to inform consumers
        about a particular agricultural commodity.
            (6) It is important to ensure that generic promotion,
        research, and information activities for agricultural
        commodities be carried out in an effective and coordinated
        manner designed to strengthen the position of the commodities in
        the marketplace and to maintain and expand their markets and
        uses. Independent evaluation of the effectiveness of the generic
        promotion activities of these programs will assist the Secretary
        of Agriculture and Congress in ensuring that these objectives
        are met.
            (7) The cooperative development, financing, and
        implementation of a coordinated national program of research,
        promotion, and information regarding agricultural commodities
        are necessary to maintain and expand existing markets and to
        develop new markets for these commodities.
            (8) Agricultural commodities move in interstate and foreign
        commerce, and agricultural commodities and their products that
        do not move in such channels of commerce directly burden or
        affect interstate commerce in agricultural commodities and their
        products.
            (9) Commodity promotion programs have the ability to provide
        significant conservation benefits to producers and the public.

    (b) Purpose.--The purpose of this subtitle is to authorize the
establishment, through the exercise by the Secretary of Agriculture of
the authority provided in this subtitle, of an orderly program for
developing, financing, and carrying out an effective, continuous, and
coordinated program of generic promotion, research, and information
regarding agricultural commodities designed to--
            (1) strengthen the position of agricultural commodity
        industries in the marketplace;
            (2) maintain and expand existing domestic and foreign
        markets and uses for agricultural commodities;
            (3) develop new markets and uses for agricultural
        commodities; or
            (4) assist producers in meeting their conservation
        objectives.

    (c) Rule of Construction.--Nothing in this subtitle provides for the
control of production or otherwise limits the right of any person to
produce, handle, or import an agricultural commodity.

SEC. 513. <<NOTE: 7 USC 7412.>> DEFINITIONS.

    In this subtitle (unless the context otherwise requires):
            (1) Agricultural commodity.--The term ``agricultural
        commodity'' means--
                    (A) agricultural, horticultural, viticultural, and
                dairy products;
                    (B) livestock and the products of livestock;
                    (C) the products of poultry and bee raising;
                    (D) the products of forestry;
                    (E) other commodities raised or produced on farms,
                as determined appropriate by the Secretary; and
                    (F) products processed or manufactured from products
                specified in the preceding subparagraphs, as determined
                appropriate by the Secretary.
            (2) Board.--The term ``board'' means a board established
        under an order issued under section 514.
            (3) Conflict of interest.--The term ``conflict of interest''
        means a situation in which a member or employee of a board has a
        direct or indirect financial interest in a person that performs
        a service for, or enters into a contract with, a board for
        anything of economic value.
            (4) Department.--The term ``Department'' means the
        Department of Agriculture.
            (5) First handler.--The term ``first handler'' means the
        first person who buys or takes possession of an agricultural
        commodity from a producer for marketing. If a producer markets
        the agricultural commodity directly to consumers, the
        producer shall be considered to be the first handler with
        respect to the agricultural commodity produced by the producer.
            (6) Importer.--The term ``importer'' means any person who
        imports an agricultural commodity from outside the United States
        for sale in the United States as a principal or as an agent,
        broker, or consignee of any person.
            (7) Information.--The term ``information'' means information
        and programs that are designed to increase--
                    (A) efficiency in processing; and
                    (B) the development of new markets, marketing
                strategies, increased marketing efficiency, and
                activities to enhance the image of agricultural
                commodities on a national or international basis.
            (8) Market.--The term ``market'' means to sell or to
        otherwise dispose of an agricultural commodity in interstate,
        foreign, or intrastate commerce.
            (9) Order.--The term ``order'' means an order issued by the
        Secretary under section 514 that provides for a program of
        generic promotion, research, and information regarding
        agricultural commodities designed to--
                    (A) strengthen the position of agricultural
                commodity industries in the marketplace;
                    (B) maintain and expand existing domestic and
                foreign markets and uses for agricultural commodities;
                    (C) develop new markets and uses for agricultural
                commodities; or
                    (D) assist producers in meeting their conservation
                objectives.
            (10) Person.--The term ``person'' means any individual,
        group of individuals, partnership, corporation, association,
        cooperative, or any other legal entity.
            (11) Producer.--The term ``producer'' means any person who
        is engaged in the production and sale of an agricultural
        commodity in the United States and who owns, or shares the
        ownership and risk of loss of, the agricultural commodity.
            (12) Promotion.--The term ``promotion'' means any action
        taken by a board under an order, including paid advertising, to
        present a favorable image of an agricultural commodity to the
        public to improve the competitive position of the agricultural
        commodity in the marketplace and to stimulate sales of the
        agricultural commodity.
            (13) Research.--The term ``research'' means any type of
        test, study, or analysis designed to advance the image,
        desirability, use, marketability, production, product
        development, or quality of an agricultural commodity.
            (14) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (15) State.--The term ``State'' means any of the States, the
        District of Columbia, the Commonwealth of Puerto Rico, or any
        territory or possession of the United States.
            (16) Suspend.--The term ``suspend'' means to issue a rule
        under section 553 of title 5, United States Code, to temporarily
        prevent the operation of an order during a particular period of
        time specified in the rule.
            (17) Terminate.--The term ``terminate'' means to issue a
        rule under section 553 of title 5, United States Code, to
        cancel permanently the operation of an order beginning on a date
        certain specified in the rule.
            (18) United states.--The term ``United States'' means
        collectively the 50 States, the District of Columbia, the
        Commonwealth of Puerto Rico and the territories and possessions
        of the United States.

SEC. 514. <<NOTE: 7 USC 7413.>> ISSUANCE OF ORDERS.

    (a) Issuance Authorized.--
            (1) In general.--To effectuate the purpose of this subtitle,
        the Secretary may issue, and amend from time to time, orders
        applicable to--
                    (A) the producers of an agricultural commodity;
                    (B) the first handlers of the agricultural commodity
                and other persons in the marketing chain as appropriate;
                and
                    (C) the importers of the agricultural commodity, if
                imports of the agricultural commodity are subject to
                assessment under section 516(f).
            (2) National scope.--Each order issued under this section
        shall be national in scope.

    (b) Procedure for Issuance.--
            (1) Development or receipt of proposed order.--A proposed
        order with respect to an agricultural commodity may be--
                    (A) prepared by the Secretary at any time; or
                    (B) submitted to the Secretary by--
                          (i) an association of producers of the
                      agricultural commodity; or
                          (ii) any other person that may be affected by
                      the issuance of an order with respect to the
                      agricultural commodity.
            (2) <<NOTE: Federal Register, publication.>> Consideration
        of proposed order.--If the Secretary determines that a proposed
        order is consistent with and will effectuate the purpose of this
        subtitle, the Secretary shall publish the proposed order in the
        Federal Register and give due notice and opportunity for public
        comment on the proposed order.
            (3) Existence of other orders.--In deciding whether a
        proposal for an order is consistent with and will effectuate the
        purpose of this subtitle, the Secretary may consider the
        existence of other Federal promotion, research, and information
        programs or orders issued or developed pursuant to any other
        law.
            (4) Preparation of final order.--After notice and
        opportunity for public comment under paragraph (2) regarding a
        proposed order, the Secretary shall take into consideration the
        comments received in preparing a final order. The Secretary
        shall ensure that the final order is in conformity with the
        terms, conditions, and requirements of this subtitle.

    (c) Issuance and Effective Date.--If the Secretary determines that
the final order developed with respect to an agricultural commodity is
consistent with and will effectuate the purpose of this subtitle, the
Secretary shall issue the final order. Except in the case of an order
for which an initial referendum is conducted under section 518(a), the
final order shall be issued and become effective not later than 270 days
after the date of publication of the proposed order that was the basis for
the final order.
    (d) Amendments.--From time to time the Secretary may amend any
order, consistent with the requirements of section 523.

SEC. 515. <<NOTE: 7 USC 7414.>> REQUIRED TERMS IN ORDERS.

    (a) In General.--Each order shall contain the terms and conditions
specified in this section.
    (b) Board.--
            (1) Establishment.--Each order shall establish a board to
        carry out a program of generic promotion, research, and
        information regarding the agricultural commodity covered by the
        order and intended to effectuate the purpose of this subtitle.
            (2) Board membership.--
                    (A) Number of members.--Each board shall consist of
                the number of members considered by the Secretary, in
                consultation with the agricultural commodity industry
                involved, to be appropriate to administer the order. In
                addition to members, the Secretary may also provide for
                alternates on the board.
                    (B) Appointment.--The Secretary shall appoint the
                members and any alternates of a board from among
                producers of the agricultural commodity and first
                handlers and others in the marketing chain as
                appropriate. If imports of the agricultural commodity
                covered by an order are subject to assessment under
                section 516(f), the Secretary shall also appoint
                importers as members of the board and as alternates if
                alternates are included on the board. The Secretary may
                appoint 1 or more members of the general public to each
                board.
                    (C) Nominations.--The Secretary may make
                appointments from nominations made pursuant to the
                method set forth in the order.
                    (D) Geographical representation.--To ensure fair and
                equitable representation of the agricultural commodity
                industry covered by an order, the composition of each
                board shall reflect the geographical distribution of the
                production of the agricultural commodity involved in the
                United States and the quantity or value of the
                agricultural commodity imported into the United States.
            (3) Reapportionment of board membership.--In accordance with
        rules issued by the Secretary, at least once in each 5-year
        period, but not more frequently than once in each 3-year period,
        each board shall--
                    (A) review the geographical distribution in the
                United States of the production of the agricultural
                commodity covered by the order involved and the quantity
                or value of the agricultural commodity imported into the
                United States; and
                    (B) if warranted, recommend to the Secretary the
                reapportionment of the board membership to reflect
                changes in the geographical distribution of the
                production of the agricultural commodity and the
                quantity or value of the imported agricultural
                commodity.
            (4) Notice.--
                    (A) Vacancies.--Each order shall provide for notice
                of board vacancies to the agricultural commodity
                industry involved.
                    (B) Meetings.--Each board shall provide the
                Secretary with prior notice of meetings of the board to
                permit the Secretary, or a designated representative of
                the Secretary, to attend the meetings.
            (5) Term of office.--
                    (A) In general.--The members and any alternates of a
                board shall each serve for a term of 3 years, except
                that the members and any alternates initially appointed
                to a board shall serve for terms of not more than 2, 3,
                and 4 years, as specified by the order.
                    (B) Limitation on consecutive terms.--A member or
                alternate may serve not more than 2 consecutive terms.
                    (C) Continuation of term.--Notwithstanding
                subparagraph (B), each member or alternate shall
                continue to serve until a successor is appointed by the
                Secretary.
                    (D) Vacancies.--A vacancy arising before the
                expiration of a term of office of an incumbent member or
                alternate of a board shall be filled in a manner
                provided for in the order.
            (6) Compensation.--
                    (A) In general.--Members and any alternates of a
                board shall serve without compensation.
                    (B) Travel expenses.--If approved by a board,
                members or alternates shall be reimbursed for reasonable
                travel expenses, which may include a per diem allowance
                or actual subsistence incurred while away from their
                homes or regular places of business in the performance
                of services for the board.

    (c) Powers and Duties of a Board.--Each order shall specify the
powers and duties of the board established under the order, which shall
include the power and duty--
            (1) to administer the order in accordance with its terms and
        conditions and to collect assessments;
            (2) to develop and recommend to the Secretary for approval
        such bylaws as may be necessary for the functioning of the board
        and such rules as may be necessary to administer the order,
        including activities authorized to be carried out under the
        order;
            (3) to meet, organize, and select from among the members of
        the board a chairperson, other officers, and committees and
        subcommittees, as the board determines to be appropriate;
            (4) to employ persons, other than the members, as the board
        considers necessary to assist the board in carrying out its
        duties, and to determine the compensation and specify the duties
        of the persons;
            (5) subject to subsection (e), to develop and carry out
        generic promotion, research, and information activities relating
        to the agricultural commodity covered by the order;
            (6) to prepare and submit for the approval of the Secretary,
        before the beginning of each fiscal year, rates of assessment
        under section 517 and an annual budget of the anticipated
        expenses to be incurred in the administration of the order,
        including the probable cost of each promotion, research, and
        information activity proposed to be developed or carried out by
        the board;
            (7) to borrow funds necessary for the startup expenses of
        the order;
            (8) subject to subsection (f), to enter into contracts or
        agreements to develop and carry out generic promotion, research,
        and information activities relating to the agricultural
        commodity covered by the order;
            (9) to pay the cost of the activities with assessments
        collected under section 517, earnings from invested assessments,
        and other funds;
            (10) <<NOTE: Records.>>  to keep records that accurately
        reflect the actions and transactions of the board, to keep and
        report minutes of each meeting of the board to the Secretary,
        and to furnish the Secretary with any information or records the
        Secretary requests;
            (11) to receive, investigate, and report to the Secretary
        complaints of violations of the order; and
            (12) to recommend to the Secretary such amendments to the
        order as the board considers appropriate.

    (d) Prohibited Activities.--A board may not engage in, and shall
prohibit the employees and agents of the board from engaging in--
            (1) any action that would be a conflict of interest;
            (2) using funds collected by the board under the order, any
        action undertaken for the purpose of influencing any legislation
        or governmental action or policy other than recommending to the
        Secretary amendments to the order; and
            (3) any advertising, including promotion, research, and
        information activities authorized to be carried out under the
        order, that may be false or misleading or disparaging to another
        agricultural commodity.

    (e) Activities and Budgets.--
            (1) Activities.--Each order shall require the board
        established under the order to submit to the Secretary for
        approval plans and projects for promotion, research, or
        information relating to the agricultural commodity covered by
        the order.
            (2) Budgets.--
                    (A) Submission to secretary.--Each order shall
                require the board established under the order to submit
                to the Secretary for approval a budget of its
                anticipated annual expenses and disbursements to be paid
                to administer the order. The budget shall be submitted
                before the beginning of a fiscal year and as frequently
                as may be necessary after the beginning of the fiscal
                year.
                    (B) Reimbursement of secretary.--Each order shall
                require that the Secretary be reimbursed for all
                expenses incurred by the Secretary in the
                implementation, administration, and supervision of the
                order, including all referenda costs incurred in
                connection with the order.
            (3) Incurring expenses.--A board may incur the expenses
        described in paragraph (2) and other expenses for the
        administration, maintenance, and functioning of the board as
        authorized by the Secretary.
            (4) Payment of expenses.--Expenses incurred under paragraph
        (3) shall be paid by a board using assessments collected under
        section 517, earnings obtained from assessments, and
        other income of the board. Any funds borrowed by the board shall
        be expended only for startup costs and capital outlays.
            (5) Limitation on spending.--For fiscal years beginning 3 or
        more years after the date of the establishment of a board, the
        board may not expend for administration (except for
        reimbursements to the Secretary required under paragraph
        (2)(B)), maintenance, and functioning of the board in a fiscal
        year an amount that exceeds 15 percent of the assessment and
        other income received by the board for the fiscal year.

    (f) Contracts and Agreements.--
            (1) In general.--Each order shall provide that, with the
        approval of the Secretary, the board established under the order
        may--
                    (A) enter into contracts and agreements to carry out
                generic promotion, research, and information activities
                relating to the agricultural commodity covered by the
                order, including contracts and agreements with producer
                associations or other entities as considered appropriate
                by the Secretary; and
                    (B) pay the cost of approved generic promotion,
                research, and information activities using assessments
                collected under section 517, earnings obtained from
                assessments, and other income of the board.
            (2) Requirements.--Each contract or agreement shall provide
        that any person who enters into the contract or agreement with
        the board shall--
                    (A) develop and submit to the board a proposed
                activity together with a budget that specifies the cost
                to be incurred to carry out the activity;
                    (B) <<NOTE: Records.>>  keep accurate records of all
                of its transactions relating to the contract or
                agreement;
                    (C) account for funds received and expended in
                connection with the contract or agreement;
                    (D) make periodic reports to the board of activities
                conducted under the contract or agreement; and
                    (E) make such other reports as the board or the
                Secretary considers relevant.

    (g) Records of Board.--
            (1) In general.--Each order shall require the board
        established under the order--
                    (A) to maintain such records as the Secretary may
                require and to make the records available to the
                Secretary for inspection and audit;
                    (B) to collect and submit to the Secretary, at any
                time the Secretary may specify, any information the
                Secretary may request; and
                    (C) to account for the receipt and disbursement of
                all funds in the possession, or under the control, of
                the board.
            (2) Audits.--Each order shall require the board established
        under the order to have--
                    (A) its records audited by an independent auditor at
                the end of each fiscal year; and
                    (B) <<NOTE: Reports.>>  a report of the audit
                submitted directly to the Secretary.

    (h) Periodic Evaluation.--In accordance with section 501(c), each
order shall require the board established under the order
to provide for the independent evaluation of all generic promotion,
research, and information activities undertaken under the order.
    (i) Books and Records of Persons Covered by Order.--
            (1) In general.--Each order shall require that producers,
        first handlers and other persons in the marketing chain as
        appropriate, and importers covered by the order shall--
                    (A) maintain records sufficient to ensure compliance
                with the order and regulations;
                    (B) submit to the board established under the order
                any information required by the board to carry out its
                responsibilities under the order; and
                    (C) make the records described in subparagraph (A)
                available, during normal business hours, for inspection
                by employees or agents of the board or the Department,
                including any records necessary to verify information
                required under subparagraph (B).
            (2) Time requirement.--Any record required to be maintained
        under paragraph (1) shall be maintained for such time period as
        the Secretary may prescribe.
            (3) Other information.--The Secretary may use, and may
        authorize the board to use under this subtitle, information
        regarding persons subject to an order that is collected by the
        Department under any other law.
            (4) Confidentiality of information.--
                    (A) In general.--Except as otherwise provided in
                this subtitle, all information obtained under paragraph
                (1) or as part of a referendum under section 518 shall
                be kept confidential by all officers, employees, and
                agents of the Department and of the board.
                    (B) Disclosure.--Information referred to in
                subparagraph (A) may be disclosed only if--
                          (i) the Secretary considers the information
                      relevant; and
                          (ii) the information is revealed in a judicial
                      proceeding or administrative hearing brought at
                      the direction or on the request of the Secretary
                      or to which the Secretary or any officer of the
                      Department is a party.
                    (C) Other exceptions.--This paragraph shall not
                prohibit--
                          (i) the issuance of general statements based
                      on reports or on information relating to a number
                      of persons subject to an order if the statements
                      do not identify the information furnished by any
                      person; or
                          (ii) the publication, by direction of the
                      Secretary, of the name of any person violating any
                      order and a statement of the particular provisions
                      of the order violated by the person.
                    (D) Penalty.--Any person who willfully violates this
                subsection shall be subject, on conviction, to a fine of
                not more than $1,000 or to imprisonment for not more
                than 1 year, or both.
            (5) Withholding information.--This subsection shall not
        authorize the withholding of information from Congress.

SEC. 516. <<NOTE: 7 USC 7415.>>  PERMISSIVE TERMS IN ORDERS.

    (a) Exemptions.--An order issued under this subtitle may contain--
            (1) authority for the Secretary to exempt from the order any
        de minimis quantity of an agricultural commodity otherwise
        covered by the order; and
            (2) authority for the board established under the order to
        require satisfactory safeguards against improper use of the
        exemption.

    (b) Different Payment and Reporting Schedules.--An order issued
under this subtitle may contain authority for the board established
under the order to designate different payment and reporting schedules
to recognize differences in agricultural commodity industry marketing
practices and procedures used in different production and importing
areas.
    (c) Activities.--An order issued under this subtitle may contain
authority to develop and carry out research, promotion, and information
activities designed to expand, improve, or make more efficient the
marketing or use of the agricultural commodity covered by the order in
domestic and foreign markets. Section 515(e) shall apply with respect to
activities authorized under this subsection.
    (d) Reserve Funds.--An order issued under this subtitle may contain
authority to reserve funds from assessments collected under section 517
to permit an effective and continuous coordinated program of research,
promotion, and information in years when the yield from assessments may
be reduced, except that the amount of funds reserved may not exceed the
greatest aggregate amount of the anticipated disbursements specified in
budgets approved under section 515(e) by the Secretary for any 2 fiscal
years.
    (e) Credits.--
            (1) Generic activities.--An order issued under this subtitle
        may contain authority to provide credits of assessments for
        those individuals who contribute to other similar generic
        research, promotion, and information programs at the State,
        regional, or local level.
            (2) Branded activities.--
                    (A) In general.--The Secretary may permit a farmer
                cooperative that engages in branded activities relating
                to the marketing of the products of members of the
                cooperative to receive an annual credit for the
                activities and related expenditures in the form of a
                deduction of the total cost of the activities and
                related expenditures from the amount of any assessment
                that would otherwise be required to be paid by the
                producer members of the cooperative under an order
                issued under this subtitle.
                    (B) Election by cooperative.--A farmer cooperative
                may elect to voluntarily waive the application of
                subparagraph (A) to the cooperative.

    (f) Assessment of Imports.--An order issued under this subtitle may
contain authority for the board established under the order to assess
under section 517 an imported agricultural commodity, or products of
such an agricultural commodity, at a rate comparable to the rate
determined by the appropriate board for the domestic agricultural
commodity covered by the order.
    (g) Other Authority.--An order issued under this subtitle may
contain authority to take any other action that--
            (1) is not inconsistent with the purpose of this subtitle,
        any term or condition specified in section 515, or any rule
        issued to carry out this subtitle; and
            (2) is necessary to administer the order.

SEC. 517. <<NOTE: 7 USC 7416.>>  ASSESSMENTS.

    (a) Assessments Authorized.--While an order issued under this
subtitle is in effect with respect to an agricultural commodity,
assessments shall be--
            (1) paid by first handlers with respect to the agricultural
        commodity produced and marketed in the United States; and
            (2) paid by importers with respect to the agricultural
        commodity imported into the United States, if the imported
        agricultural commodity is covered by the order pursuant to
        section 516(f).

    (b) Collection.--Assessments required under an order shall be
remitted to the board established under the order at the time and in the
manner prescribed by the order.
    (c) Limitation on Assessments.--Not more than 1 assessment may be
levied on a first handler or importer under subsection (a) with respect
to any agricultural commodity.
    (d) Assessment Rates.--The board shall recommend to the Secretary 1
or more rates of assessment to be levied under subsection (a). If
approved by the Secretary, the rates shall take effect. An order may
provide that an assessment rate may not be increased unless approved by
a referendum conducted pursuant to section 518.
    (e) Late-Payment and Interest Charges.--
            (1) In general.--Late-payment and interest charges may be
        levied on each person subject to an order who fails to remit an
        assessment in accordance with subsection (b).
            (2) Rate.--The rate for the charges shall be specified by
        the Secretary.

    (f) Investment of Assessments.--Pending disbursement of assessments
under a budget approved by the Secretary, a board may invest assessments
collected under this section in--
            (1) obligations of the United States or any agency of the
        United States;
            (2) general obligations of any State or any political
        subdivision of a State;
            (3) interest-bearing accounts or certificates of deposit of
        financial institutions that are members of the Federal Reserve
        System; or
            (4) obligations fully guaranteed as to principal and
        interest by the United States.

    (g) Refund of Assessments From Escrow Account.--
            (1) Escrow account.--During the period beginning on the
        effective date of an order and ending on the date the Secretary
        announces the results of a referendum that is conducted under
        section 518(b)(1) with respect to the order, the board
        established under the order shall--
                    (A) establish and maintain an escrow account of the
                kind described in subsection (f)(3) to be used to refund
                assessments; and
                    (B) deposit funds in the account in accordance with
                paragraph (2).
            (2) Amount to be deposited.--The board shall deposit in the
        account an amount equal to 10 percent of the assessments
        collected during the period referred to in paragraph (1).
            (3) Right to receive refund.--Subject to paragraphs (4),
        (5), and (6), persons subject to an order shall be eligible to
        demand a refund of assessments collected during the period
        referred to in paragraph (1) if--
                    (A) the assessments were remitted on behalf of the
                person; and
                    (B) the order is not approved in the referendum.
            (4) Form of demand.--The demand for a refund shall be made
        at such time and in such form as specified by the order.
            (5) Payment of refund.--A person entitled to a refund shall
        be paid promptly after the board receives satisfactory proof
        that the assessment for which the refund is demanded was paid on
        behalf of the person who makes the demand.
            (6) Proration.--If the funds in the escrow account required
        by paragraph (1) are insufficient to pay the amount of all
        refunds that persons subject to an order otherwise would have a
        right to receive under this subsection, the board shall prorate
        the amount of the funds among all the persons.
            (7) Closing of escrow account.--If the order is approved in
        a referendum conducted under section 518(b)(1)--
                    (A) the escrow account shall be closed; and
                    (B) the funds shall be available to the board for
                disbursement as authorized in the order.

SEC. 518. <<NOTE: 7 USC 7417.>>  REFERENDA.

    (a) Initial Referendum.--
            (1) Optional referendum.--For the purpose of ascertaining
        whether the persons to be covered by an order favor the order
        going into effect, the order may provide for the Secretary to
        conduct an initial referendum among persons to be subject to an
        assessment under section 517 who, during a representative period
        determined by the Secretary, engaged in--
                    (A) the production or handling of the agricultural
                commodity covered by the order; or
                    (B) the importation of the agricultural commodity.
            (2) Procedure.--The results of the referendum shall be
        determined in accordance with subsection (e). The Secretary may
        require that the agricultural commodity industry involved post a
        bond or other collateral to cover the cost of the referendum.

    (b) Required Referenda.--
            (1) In general.--For the purpose of ascertaining whether the
        persons covered by an order favor the continuation, suspension,
        or termination of the order, the Secretary shall conduct a
        referendum among persons subject to assessments under section
        517 who, during a representative period determined by the
        Secretary, have engaged in--
                    (A) the production or handling of the agricultural
                commodity covered by the order; or
                    (B) the importation of the agricultural commodity.
            (2) Time for referendum.--The referendum shall be conducted
        not later than 3 years after assessments first begin under the
        order.
            (3) Exception.--This subsection shall not apply if an
        initial referendum was conducted under subsection (a).

    (c) Subsequent Referenda.--The Secretary shall conduct a subsequent
referendum--
            (1) not later than 7 years after assessments first begin
        under the order;
            (2) at the request of the board established under the order;
        or
            (3) at the request of 10 percent or more of the number of
        persons eligible to vote under subsection (b)(1);

to determine if the persons favor the continuation, suspension, or
termination of the order.
    (d) Other Referenda.--The Secretary may conduct a referendum at any
time to determine whether the continuation, suspension, or termination
of the order or a provision of the order is favored by persons eligible
to vote under subsection (b)(1).
    (e) Approval of Order.--An order may provide for its approval in a
referendum--
            (1) by a majority of those persons voting;
            (2) by persons voting for approval who represent a majority
        of the volume of the agricultural commodity; or
            (3) by a majority of those persons voting for approval who
        also represent a majority of the volume of the agricultural
        commodity.

    (f) Costs of Referenda.--The board established under an order with
respect to which a referendum is conducted under this section shall
reimburse the Secretary for any expenses incurred by the Secretary to
conduct the referendum.
    (g) Manner of Conducting Referenda.--
            (1) In general.--A referendum conducted under this section
        shall be conducted in the manner determined by the Secretary to
        be appropriate.
            (2) Advance registration.--If the Secretary determines that
        an advance registration of eligible voters in a referendum is
        necessary before the voting period in order to facilitate the
        conduct of the referendum, the Secretary may institute the
        advance registration procedures by mail, or in person through
        the use of national and local offices of the Department.
            (3) Voting.--Eligible voters may vote by mail ballot in the
        referendum or in person if so prescribed by the Secretary.
            (4) Notice.--Not later than 30 days before a referendum is
        conducted under this section with respect to an order, the
        Secretary shall notify the agricultural commodity industry
        involved, in such manner as determined by the Secretary, of the
        period during which voting in the referendum will occur. The
        notice shall explain any registration and voting procedures
        established under this subsection.

SEC. 519. <<NOTE: 7 USC 7418.>>  PETITION AND REVIEW OF ORDERS.

    (a) Petition.--
            (1) In general.--A person subject to an order issued under
        this subtitle may file with the Secretary a petition--
                    (A) stating that the order, any provision of the
                order, or any obligation imposed in connection with the
                order, is not established in accordance with law; and
                    (B) requesting a modification of the order or an
                exemption from the order.
            (2) Hearing.--The Secretary shall give the petitioner an
        opportunity for a hearing on the petition, in accordance with
        regulations issued by the Secretary.
            (3) Ruling.--After the hearing, the Secretary shall make a
        ruling on the petition. The ruling shall be final, subject to
        review as set forth in subsection (b).
            (4) Limitation on petition.--Any petition filed under this
        subsection challenging an order, any provision of the order, or
        any obligation imposed in connection with the order, shall be
        filed within 2 years after the effective date of the order,
        provision, or obligation subject to challenge in the petition.

    (b) Review.--
            (1) <<NOTE: Courts.>>  Commencement of action.--The district
        court of the United States for any district in which a person
        who is a petitioner under subsection (a) resides or carries on
        business shall have jurisdiction to review the final ruling on
        the petition of the person, if a complaint for that purpose is
        filed not later than 20 days after the date of the entry of the
        final ruling by the Secretary under subsection (a)(3).
            (2) Process.--Service of process in a proceeding may be made
        on the Secretary by delivering a copy of the complaint to the
        Secretary.
            (3) Remands.--If the court determines that the ruling is not
        in accordance with law, the court shall remand the matter to the
        Secretary with directions--
                    (A) to make such ruling as the court determines to
                be in accordance with law; or
                    (B) to take such further action as, in the opinion
                of the court, the law requires.

    (c) Effect on Enforcement Proceedings.--The pendency of a petition
filed under subsection (a) or an action commenced under subsection (b)
shall not operate as a stay of any action authorized by section 520 to
be taken to enforce this subtitle, including any rule, order, or penalty
in effect under this subtitle.

SEC. 520. <<NOTE: 7 USC 7419.>>  ENFORCEMENT.

    (a) <<NOTE: Courts.>>  Jurisdiction.--The district courts of the
United States shall have jurisdiction specifically to enforce, and to
prevent and restrain a person from violating, an order or regulation
issued under this subtitle.

    (b) Referral to Attorney General.--A civil action authorized to be
brought under this section shall be referred to the Attorney General for
appropriate action, except that the Secretary shall not be required to
refer to the Attorney General a violation of this subtitle if the
Secretary believes that the administration and enforcement of this
subtitle would be adequately served by providing a suitable written
notice or warning to the person who committed the violation or by an
administrative action under this section.
    (c) Civil Penalties and Orders.--
            (1) Civil penalties.--A person who willfully violates an
        order or regulation issued by the Secretary under this Act
        may be assessed by the Secretary a civil penalty of not less
        than $1,000 and not more than $10,000 for each violation.
            (2) Separate offense.--Each violation and each day during
        which there is a failure to comply with an order or regulation
        issued by the Secretary shall be considered to be a separate
        offense.
            (3) Cease-and-desist orders.--In addition to, or in lieu of,
        a civil penalty, the Secretary may issue an order requiring a
        person to cease and desist from violating the order or
        regulation.
            (4) Notice and hearing.--No order assessing a penalty or
        cease-and-desist order may be issued by the Secretary under this
        subsection unless the Secretary provides notice and an
        opportunity for a hearing on the record with respect to the
        violation.
            (5) Finality.--An order assessing a penalty or a cease-and-
        desist order issued under this subsection by the Secretary shall
        be final and conclusive unless the person against whom the order
        is issued files an appeal from the order with the United States
        court of appeals, as provided in subsection (d).

    (d) Review by Court of Appeals.--
            (1) In general.--A person against whom an order is issued
        under subsection (c) may obtain review of the order by--
                    (A) filing, not later than 30 days after the person
                receives notice of the order, a notice of appeal in--
                          (i) the United States court of appeals for the
                      circuit in which the person resides or carries on
                      business; or
                          (ii) the United States Court of Appeals for
                      the District of Columbia Circuit; and
                    (B) simultaneously sending a copy of the notice of
                appeal by certified mail to the Secretary.
            (2) Record.--The Secretary shall file with the court a
        certified copy of the record on which the Secretary has
        determined that the person has committed a violation.
            (3) Standard of review.--A finding of the Secretary under
        this section shall be set aside only if the finding is found to
        be unsupported by substantial evidence on the record.

    (e) Failure To Obey Cease-and-Desist Orders.--A person who fails to
obey a valid cease-and-desist order issued by the Secretary under this
section, after an opportunity for a hearing, shall be subject to a civil
penalty assessed by the Secretary of not less than $1,000 and not more
than $10,000 for each offense. Each day during which the failure
continues shall be considered to be a separate violation of the cease-
and-desist order.
    (f) Failure To Pay Penalties.--If a person fails to pay a civil
penalty imposed under this section by the Secretary, the Secretary shall
refer the matter to the Attorney General for recovery of the amount
assessed in the district court of the United States for any district in
which the person resides or carries on business. In the action, the
validity and appropriateness of the order imposing the civil penalty
shall not be subject to review.
    (g) Additional Remedies.--The remedies provided in this section
shall be in addition to, and not exclusive of, other remedies that may
be available.

SEC. 521. <<NOTE: 7 USC 7420.>>  INVESTIGATIONS AND POWER TO SUBPOENA.

    (a) Investigations.--The Secretary may make such investigations as
the Secretary considers necessary--
            (1) for the effective administration of this subtitle; or
            (2) to determine whether any person subject to this subtitle
        has engaged, or is about to engage, in any action that
        constitutes or will constitute a violation of this subtitle or
        any order or regulation issued under this subtitle.

    (b) Subpoenas, Oaths, and Affirmations.--For the purpose of any
investigation under subsection (a), the Secretary may administer oaths
and affirmations, subpoena witnesses, compel the attendance of
witnesses, take evidence, and require the production of any records or
documents that are relevant to the inquiry. The attendance of witnesses
and the production of records or documents may be required from any
place in the United States.
    (c) Aid of Courts.--In the case of contumacy by, or refusal to obey
a subpoena issued to, any person, the Secretary may invoke the aid of
any court of the United States within the jurisdiction of which the
investigation or proceeding is carried on, or where the person resides
or carries on business, in order to require the attendance and testimony
of the person or the production of records or documents. The court may
issue an order requiring the person to appear before the Secretary to
produce records or documents or to give testimony regarding the matter
under investigation.
    (d) Contempt.--Any failure to obey the order of the court may be
punished by the court as a contempt of the court.
    (e) Process.--Process in any case under this section may be served
in the judicial district in which the person resides or carries on
business or wherever the person may be found.

SEC. 522. <<NOTE: 7 USC 7421.>>  SUSPENSION OR TERMINATION.

    (a) Mandatory Suspension or Termination.--The Secretary shall
suspend or terminate an order or a provision of an order if the
Secretary finds that an order or a provision of an order obstructs or
does not tend to effectuate the purpose of this subtitle, or if the
Secretary determines that the order or a provision of an order is not
favored by persons voting in a referendum conducted under section 518.
    (b) Implementation of Suspension or Termination.--If, as a result of
a referendum conducted under section 518, the Secretary determines that
an order is not approved, the Secretary shall--
            (1) not later than 180 days after making the determination,
        suspend or terminate, as the case may be, collection of
        assessments under the order; and
            (2) as soon as practicable, suspend or terminate, as the
        case may be, activities under the order in an orderly manner.

SEC. 523. <<NOTE: 7 USC 7422.>>  AMENDMENTS TO ORDERS.

    The provisions of this subtitle applicable to an order shall be
applicable to any amendment to an order, except that section 518 shall
not apply to an amendment.

SEC. 524. <<NOTE: 7 USC 7423.>>  EFFECT ON OTHER LAWS.

    This subtitle shall not affect or preempt any other Federal or State
law authorizing promotion or research relating to an agricultural
commodity.

SEC. 525. <<NOTE: 7 USC 7424.>>  REGULATIONS.

    The Secretary may issue such regulations as may be necessary to
carry out this subtitle and the power vested in the Secretary under this
subtitle.

SEC. 526. <<NOTE: 7 USC 7425.>>  AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this subtitle.
    (b) Limitation on Expenditures for Administrative Expenses.--Funds
appropriated to carry out this subtitle may not be expended for the
payment of expenses incurred by a board to administer an order.

   Subtitle C-- <<NOTE: Canola and Rapeseed Research, Promotion, and
    Consumer Information Act.>> Canola and Rapeseed

SEC. 531. <<NOTE: 7 USC 7401 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Canola and Rapeseed Research,
Promotion, and Consumer Information Act''.

SEC. 532. <<NOTE: 7 USC 7441.>>  FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds that--
            (1) canola and rapeseed products are an important and
        nutritious part of the human diet;
            (2) the production of canola and rapeseed products plays a
        significant role in the economy of the United States in that--
                    (A) canola and rapeseed products are produced by
                thousands of canola and rapeseed producers and processed
                by numerous processing entities; and
                    (B) canola and rapeseed products produced in the
                United States are consumed by people throughout the
                United States and foreign countries;
            (3) canola, rapeseed, and canola and rapeseed products
        should be readily available and marketed efficiently to ensure
        that consumers have an adequate supply of canola and rapeseed
        products at a reasonable price;
            (4) the maintenance and expansion of existing markets and
        development of new markets for canola, rapeseed, and canola and
        rapeseed products are vital to the welfare of canola and
        rapeseed producers and processors and those persons concerned
        with marketing canola, rapeseed, and canola and rapeseed
        products, as well as to the general economy of the United
        States, and are necessary to ensure the ready availability and
        efficient marketing of canola, rapeseed, and canola and rapeseed
        products;
            (5) there exist established State and national organizations
        conducting canola and rapeseed research, promotion, and consumer
        education programs that are valuable to the efforts of promoting
        the consumption of canola, rapeseed, and canola and rapeseed
        products;
            (6) the cooperative development, financing, and
        implementation of a coordinated national program of canola and
        rapeseed research, promotion, consumer information, and industry
        information is necessary to maintain and expand existing markets
        and develop new markets for canola, rapeseed, and canola and
        rapeseed products; and
            (7) canola, rapeseed, and canola and rapeseed products move
        in interstate and foreign commerce, and canola, rapeseed,
        and canola and rapeseed products that do not move in interstate
        or foreign commerce directly burden or affect interstate
        commerce in canola, rapeseed, and canola and rapeseed products.

    (b) Policy.--It is the policy of this subtitle to establish an
orderly procedure for developing, financing through assessments on
domestically produced canola and rapeseed, and implementing a program of
research, promotion, consumer information, and industry information
designed to strengthen the position in the marketplace of the canola and
rapeseed industry, to maintain and expand existing domestic and foreign
markets and uses for canola, rapeseed, and canola and rapeseed products,
and to develop new markets and uses for canola, rapeseed, and canola and
rapeseed products.
    (c) Construction.--Nothing in this subtitle provides for the control
of production or otherwise limits the right of individual producers to
produce canola, rapeseed, or canola or rapeseed products.

SEC. 533. <<NOTE: 7 USC 7442.>>  DEFINITIONS.

    In this subtitle (unless the context otherwise requires):
            (1) Board.--The term ``Board'' means the National Canola and
        Rapeseed Board established under section 535(b).
            (2) Canola; rapeseed.--The terms ``canola'' and ``rapeseed''
        mean any brassica plant grown in the United States for the
        production of an oilseed, the oil of which is used for a food or
        nonfood use.
            (3) Canola or rapeseed product.--The term ``canola or
        rapeseed product'' means a product produced, in whole or in
        part, from canola or rapeseed.
            (4) Commerce.--The term ``commerce'' includes interstate,
        foreign, and intrastate commerce.
            (5) Conflict of interest.--The term ``conflict of interest''
        means a situation in which a member of the Board has a direct or
        indirect financial interest in a corporation, partnership, sole
        proprietorship, joint venture, or other business entity dealing
        directly or indirectly with the Board.
            (6) Consumer information.--The term ``consumer information''
        means information that will assist consumers and other persons
        in making evaluations and decisions regarding the purchase,
        preparation, and use of canola, rapeseed, or canola or rapeseed
        products.
            (7) Department.--The term ``Department'' means the
        Department of Agriculture.
            (8) First purchaser.--The term ``first purchaser'' means--
                    (A) except as provided in subparagraph (B), a person
                who buys or otherwise acquires canola, rapeseed, or
                canola or rapeseed products produced by a producer; or
                    (B) the Commodity Credit Corporation, in a case in
                which canola or rapeseed is forfeited to the Commodity
                Credit Corporation as collateral for a loan issued under
                a price support loan program administered by the
                Commodity Credit Corporation.
            (9) Industry information.--The term ``industry information''
        means information or a program that will lead to the development
        of new markets, new marketing strategies, or increased
        efficiency for the canola and rapeseed industry, or an activity
        to enhance the image of the canola or rapeseed industry.
            (10) Industry member.--The term ``industry member'' means a
        member of the canola and rapeseed industry who represents--
                    (A) manufacturers of canola or rapeseed products; or
                    (B) persons who commercially buy or sell canola or
                rapeseed.
            (11) Marketing.--The term ``marketing'' means the sale or
        other disposition of canola, rapeseed, or canola or rapeseed
        products in a channel of commerce.
            (12) Order.--The term ``order'' means an order issued under
        section 534.
            (13) Person.--The term ``person'' means an individual,
        partnership, corporation, association, cooperative, or any other
        legal entity.
            (14) Producer.--The term ``producer'' means a person engaged
        in the growing of canola or rapeseed in the United States who
        owns, or who shares the ownership and risk of loss of, the
        canola or rapeseed.
            (15) Promotion.--The term ``promotion'' means an action,
        including paid advertising, technical assistance, or a trade
        servicing activity, to enhance the image or desirability of
        canola, rapeseed, or canola or rapeseed products in domestic and
        foreign markets, or an activity designed to communicate to
        consumers, processors, wholesalers, retailers, government
        officials, or other persons information relating to the positive
        attributes of canola, rapeseed, or canola or rapeseed products
        or the benefits of use or distribution of canola, rapeseed, or
        canola or rapeseed products.
            (16) Research.--The term ``research'' means any type of
        test, study, or analysis to advance the image, desirability,
        marketability, production, product development, quality, or
        functional or nutritional value of canola, rapeseed, or canola
        or rapeseed products, including research activity designed to
        identify and analyze barriers to export sales of canola or
        rapeseed produced in the United States.
            (17) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (18)  State.--The term ``State'' means any of the 50 States,
        the District of Columbia and the Commonwealth of Puerto Rico.
            (19)  United states.--The term ``United States'' means
        collectively the 50 States, the District of Columbia, and the
        Commonwealth of Puerto Rico.

SEC. 534. <<NOTE: 7 USC 7443.>>  ISSUANCE AND AMENDMENT OF ORDERS.

    (a) In General.--Subject to subsection (b), the Secretary shall
issue 1 or more orders under this subtitle applicable to producers and
first purchasers of canola, rapeseed, or canola or rapeseed products.
The order shall be national in scope. Not more than 1 order shall be in
effect under this subtitle at any 1 time.
    (b) Procedure.--
            (1) Proposal or request for issuance.--The Secretary may
        propose the issuance of an order under this subtitle, or an
        association of canola and rapeseed producers or any other person
        that would be affected by an order issued pursuant to this
        subtitle may request the issuance of, and submit a proposal for,
        an order.
            (2) <<NOTE: Publication.>>  Notice and comment concerning
        proposed order.--Not later than 60 days after the receipt of a
        request and proposal for an order pursuant to paragraph (1), or
        whenever the Secretary determines to propose an order, the
        Secretary shall publish a proposed order and give due notice and
        opportunity for public comment on the proposed order.
            (3) Issuance of order.--After notice and opportunity for
        public comment are given as provided in paragraph (2), the
        Secretary shall issue an order, taking into consideration the
        comments received and including in the order provisions
        necessary to ensure that the order is in conformity with the
        requirements of this subtitle. <<NOTE: Effective date.>>  The
        order shall be issued and become effective not later than 180
        days following publication of the proposed order.

    (c) Amendments.--The Secretary may amend an order issued under this
section.

SEC. 535. <<NOTE: 7 USC 7444.>>  REQUIRED TERMS IN ORDERS.

    (a) In General.--An order issued under this subtitle shall contain
the terms and conditions specified in this section.
    (b) Establishment and Membership of the National Canola and Rapeseed
Board.--
            (1) In general.--The order shall provide for the
        establishment of, and appointment of members to, a National
        Canola and Rapeseed Board to administer the order.
            (2) Service to entire industry.--The Board shall carry out
        programs and projects that will provide maximum benefit to the
        canola and rapeseed industry in all parts of the United States
        and only promote canola, rapeseed, or canola or rapeseed
        products.
            (3) Board membership.--The Board shall consist of 15
        members, including--
                    (A) 11 members who are producers, including--
                          (i) 1 member from each of the 6 geographic
                      regions comprised of States where canola or
                      rapeseed is produced, as determined by the
                      Secretary; and
                          (ii) 5 members from the geographic regions
                      referred to in clause (i), allocated according to
                      the production in each region; and
                    (B) 4 members who are industry members, including at
                least--
                          (i) 1 member who represents manufacturers of
                      canola or rapeseed end products; and
                          (ii) 1 member who represents persons who
                      commercially buy or sell canola or rapeseed.
            (4) Limitation on state residence.--There shall be no more
        than 4 producer members of the Board from any 1 State.
            (5) Modifying board membership.--In accordance with
        regulations approved by the Secretary, at least once each 3
        years and not more than once each 2 years, the Board shall
        review the geographic distribution of canola and rapeseed
        production throughout the United States and, if warranted,
        recommend to the Secretary that the Secretary--
                    (A) reapportion regions in order to reflect the
                geographic distribution of canola and rapeseed
                production; and
                    (B) reapportion the seats on the Board to reflect
                the production in each region.
            (6) Certification of organizations.--
                    (A) In general.--For the purposes of section 536,
                the eligibility of any State organization to represent
                producers shall be certified by the Secretary.
                    (B) Criteria.--The Secretary shall certify any State
                organization that the Secretary determines has a history
                of stability and permanency and meets at least 1 of the
                following criteria:
                          (i) Majority representation.--The total paid
                      membership of the organization--
                                    (I) is comprised of at least a
                                majority of canola or rapeseed
                                producers; or
                                    (II) represents at least a majority
                                of the canola or rapeseed producers in
                                the State.
                          (ii) Substantial number of producers
                      represented.--The organization represents a
                      substantial number of producers that produce a
                      substantial quantity of canola or rapeseed in the
                      State.
                          (iii) Purpose.--The organization is a general
                      farm or agricultural organization that has as a
                      stated objective the promotion and development of
                      the United States canola or rapeseed industry and
                      the economic welfare of United States canola or
                      rapeseed producers.
                    (C) Report.--The Secretary shall make a
                certification under this paragraph on the basis of a
                factual report submitted by the State organization.
            (7) Terms of office.--
                    (A) In general.--A member of the Board shall serve
                for a term of 3 years, except that the members appointed
                to the initial Board shall serve, proportionately, for
                terms of 1, 2, and 3 years, as determined by the
                Secretary.
                    (B) Limitation on terms.--No individual may serve
                more than 2 consecutive 3-year terms as a member.
                    (C) Termination of terms.--Notwithstanding
                subparagraph (B), each member shall continue to serve
                until a successor is appointed by the Secretary.
            (8) Compensation.--A member of the Board shall serve without
        compensation, but shall be reimbursed for necessary and
        reasonable expenses incurred in the performance of duties for
        and approved by the Board.

    (c) Powers and Duties of the Board.--The order shall define the
powers and duties of the Board, which shall include the power and duty--
            (1) to administer the order in accordance with the terms and
        conditions of the order;
            (2) to issue regulations to effectuate the terms and
        conditions of the order;
            (3) to meet, organize, and select from among members of the
        Board a chairperson, other officers, and committees and
        subcommittees, as the Board determines appropriate;
            (4) to establish working committees of persons other than
        Board members;
            (5) to employ such persons, other than Board members, as the
        Board considers necessary, and to determine the compensation and
        define the duties of the persons;
            (6) to prepare and submit for the approval of the Secretary,
        when appropriate or necessary, a recommended rate of assessment
        under section 536, and a fiscal period budget of the anticipated
        expenses in the administration of the order, including the
        probable costs of all programs and projects;
            (7) to develop programs and projects, subject to subsection
        (d);
            (8) to enter into contracts or agreements, subject to
        subsection (e), to develop and carry out programs or projects of
        research, promotion, industry information, and consumer
        information;
            (9) to carry out research, promotion, industry information,
        and consumer information projects, and to pay the costs of the
        projects with assessments collected under section 536;
            (10) to keep minutes, books, and records that reflect the
        actions and transactions of the Board, and promptly report
        minutes of each Board meeting to the Secretary;
            (11) to appoint and convene, from time to time, working
        committees comprised of producers, industry members, and the
        public to assist in the development of research, promotion,
        industry information, and consumer information programs for
        canola, rapeseed, and canola and rapeseed products;
            (12) to invest, pending disbursement under a program or
        project, funds collected through assessments authorized under
        section 536, or funds earned from investments, only in--
                    (A) obligations of the United States or an agency of
                the United States;
                    (B) general obligations of a State or a political
                subdivision of a State;
                    (C) an interest-bearing account or certificate of
                deposit of a bank that is a member of the Federal
                Reserve System; or
                    (D) obligations fully guaranteed as to principal and
                interest by the United States;
            (13) to receive, investigate, and report to the Secretary
        complaints of violations of the order;
            (14) to furnish the Secretary with such information as the
        Secretary may request;
            (15) to recommend to the Secretary amendments to the order;
            (16) to develop and recommend to the Secretary for approval
        such regulations as may be necessary for the development and
        execution of programs or projects, or as may otherwise be
        necessary, to carry out the order; and
            (17) to provide the Secretary with advance notice of
        meetings.

    (d) Programs and Budgets.--
            (1) Submission to secretary.--The order shall provide that
        the Board shall submit to the Secretary for approval any program
        or project of research, promotion, consumer information, or
        industry information. No program or project shall be implemented
        prior to approval by the Secretary.
            (2) Budgets.--The order shall require the Board, prior to
        the beginning of each fiscal year, or as may be necessary after
        the beginning of a fiscal year, to submit to the Secretary for
        approval budgets of anticipated expenses and disbursements in
        the implementation of the order, including projected costs
        of research, promotion, consumer information, and industry
        information programs and projects.
            (3) Incurring expenses.--The Board may incur such expenses
        for programs or projects of research, promotion, consumer
        information, or industry information, and other expenses for the
        administration, maintenance, and functioning of the Board as may
        be authorized by the Secretary, including any implementation,
        administrative, and referendum costs incurred by the Department.
            (4) Paying expenses.--The funds to cover the expenses
        referred to in paragraph (3) shall be paid by the Board from
        assessments collected under section 536 or funds borrowed
        pursuant to paragraph (5).
            (5) Authority to borrow.--To meet the expenses referred to
        in paragraph (3), the Board shall have the authority to borrow
        funds, as approved by the Secretary, for capital outlays and
        startup costs.

    (e) Contracts and Agreements.--
            (1) In general.--To ensure efficient use of funds, the order
        shall provide that the Board may enter into a contract or
        agreement for the implementation and carrying out of a program
        or project of canola, rapeseed, or canola or rapeseed products
        research, promotion, consumer information, or industry
        information, including a contract with a producer organization,
        and for the payment of the costs with funds received by the
        Board under the order.
            (2) Requirements.--A contract or agreement under paragraph
        (1) shall provide that--
                    (A) the contracting party shall develop and submit
                to the Board a program or project together with a budget
                that shall show the estimated costs to be incurred for
                the program or project;
                    (B) <<NOTE: Effective date.>>  the program or
                project shall become effective on the approval of the
                Secretary; and
                    (C) <<NOTE: Records. Reports.>>  the contracting
                party shall keep accurate records of all transactions,
                account for funds received and expended, make periodic
                reports to the Board of activities conducted, and make
                such other reports as the Board or the Secretary may
                require.
            (3) Producer organizations.--The order shall provide that
        the Board may contract with a producer organization for any
        services required in addition to the services described in
        paragraph (1). The contract shall include provisions comparable
        to the provisions required by paragraph (2).

    (f) Books and Records of the Board.--
            (1) In general.--The order shall require the Board to--
                    (A) maintain such books and records (which shall be
                available to the Secretary for inspection and audit) as
                the Secretary may prescribe;
                    (B) <<NOTE: Reports.>>  prepare and submit to the
                Secretary, from time to time, such reports as the
                Secretary may prescribe; and
                    (C) account for the receipt and disbursement of all
                funds entrusted to the Board.
            (2) <<NOTE: Reports.>>  Audits.--The Board shall cause the
        books and records of the Board to be audited by an independent
        auditor at the end of each fiscal year, and a report of the
        audit to be submitted to the Secretary.
    (g) Prohibition.--
            (1) In general.--Subject to paragraph (2), the Board shall
        not engage in any action to, nor shall any funds received by the
        Board under this subtitle be used to--
                    (A) influence legislation or governmental action;
                    (B) engage in an action that would be a conflict of
                interest;
                    (C) engage in advertising that is false or
                misleading; or
                    (D) engage in promotion that would disparage other
                commodities.
            (2) Action permitted.--Paragraph (1) does not preclude--
                    (A) the development and recommendation of amendments
                to the order;
                    (B) the communication to appropriate government
                officials of information relating to the conduct,
                implementation, or results of promotion, research,
                consumer information, or industry information activities
                under the order; or
                    (C) any action designed to market canola or rapeseed
                products directly to a foreign government or political
                subdivision of a foreign government.

    (h) Books and Records.--
            (1) In general.--The order shall require that each producer,
        first purchaser, or industry member shall--
                    (A) maintain and submit to the Board any reports
                considered necessary by the Secretary to ensure
                compliance with this subtitle; and
                    (B) make available during normal business hours, for
                inspection by employees of the Board or Secretary, such
                books and records as are necessary to carry out this
                subtitle, including such records as are necessary to
                verify any required reports.
            (2) Confidentiality.--
                    (A) In general.--Except as otherwise provided in
                this subtitle, all information obtained from books,
                records, or reports required to be maintained under
                paragraph (1) shall be kept confidential, and shall not
                be disclosed to the public by any person.
                    (B) Disclosure.--Information referred to in
                subparagraph (A) may be disclosed to the public if--
                          (i) the Secretary considers the information
                      relevant;
                          (ii) the information is revealed in a suit or
                      administrative hearing brought at the direction or
                      on the request of the Secretary or to which the
                      Secretary or any officer of the Department is a
                      party; and
                          (iii) the information relates to this
                      subtitle.
                    (C) Misconduct.--A knowing disclosure of
                confidential information in violation of subparagraph
                (A) by an officer or employee of the Board or
                Department, except as required by other law or allowed
                under subparagraph (B) or (D), shall be considered a
                violation of this subtitle.
                    (D) General statements.--Nothing in this paragraph
                prohibits--
                          (i) the issuance of general statements based
                      on the reports of a number of persons subject to
                      an order or statistical data collected from the reports, if
                      the statements do not identify the information
                      furnished by any person; or
                          (ii) the publication, by direction of the
                      Secretary, of the name of a person violating the
                      order, together with a statement of the particular
                      provisions of the order violated by the person.
            (3) Availability of information for law enforcement.--
        Information obtained under this subtitle may be made available
        to another agency of the Federal Government for a civil or
        criminal law enforcement activity if the activity is authorized
        by law and if the head of the agency has made a written request
        to the Secretary specifying the particular information desired
        and the law enforcement activity for which the information is
        sought.
            (4) Penalty.--Any person knowingly violating this
        subsection, on conviction, shall be subject to a fine of not
        more than $1,000 or to imprisonment for not more than 1 year, or
        both, and if an officer or employee of the Board or the
        Department, shall be removed from office or terminated from
        employment, as applicable.
            (5) Withholding of information.--Nothing in this subtitle
        authorizes the withholding of information from Congress.

    (i) Use of Assessments.--The order shall provide that the
assessments collected under section 536 shall be used for payment of the
expenses in implementing and administering this subtitle, with provision
for a reasonable reserve, and to cover administrative costs incurred by
the Secretary in implementing and administering this subtitle.
    (j) Other Terms and Conditions.--The order shall contain such other
terms and conditions, not inconsistent with this subtitle, as are
determined necessary by the Secretary to effectuate this subtitle.

SEC. 536. <<NOTE: 7 USC 7445.>>  ASSESSMENTS.

    (a) In General.--
            (1) First purchasers.--During the effective period of an
        order issued pursuant to this subtitle, assessments shall be--
                    (A) levied on all canola or rapeseed produced in the
                United States and marketed; and
                    (B) deducted from the payment made to a producer for
                all canola or rapeseed sold to a first purchaser.
            (2) Direct processing.--The order shall provide that any
        person processing canola or rapeseed of that person's own
        production and marketing the canola or rapeseed, or canola or
        rapeseed products, shall remit to the Board or a State
        organization certified to represent producers under section
        535(b)(6), in the manner prescribed by the order, an assessment
        established at a rate equivalent to the rate provided for under
        subsection (d).

    (b) Limitation on Assessments.--No more than 1 assessment may be
assessed under subsection (a) on any canola or rapeseed produced (as
remitted by a first purchaser).
    (c) Remitting of Assessments.--
            (1) In general.--Assessments required under subsection (a)
        shall be remitted to the Board by a first purchaser. The Board
        shall use State organizations certified to represent
        producers under section 535(b)(6) to collect the assessments. If
        an appropriate certified State organization does not exist to
        collect an assessment, the assessment shall be collected by the
        Board. There shall be only 1 certified State organization in
        each State.
            (2) Times to remit assessment.--Each first purchaser shall
        remit the assessment to the Board as provided for in the order.

    (d) Assessment Rate.--
            (1) Initial rate.--The initial assessment rate shall be 4
        cents per hundredweight of canola or rapeseed produced and
        marketed.
            (2) Increase.--The assessment rate may be increased on
        recommendation by the Board to a rate not exceeding 10 cents per
        hundredweight of canola or rapeseed produced and marketed in a
        State, unless--
                    (A) after the initial referendum is held under
                section 537(a), the Board recommends an increase above
                10 cents per hundredweight; and
                    (B) the increase is approved in a referendum under
                section 537(b).
            (3) Credit.--A producer who demonstrates to the Board that
        the producer is participating in a program of a State
        organization certified to represent producers under section
        535(b)(6) shall receive credit, in determining the assessment
        due from the producer, for contributions to the program of up to
        2 cents per hundredweight of canola or rapeseed marketed.

    (e) Late Payment Charge.--
            (1) In general.--There shall be a late payment charge
        imposed on any person who fails to remit, on or before the date
        provided for in the order, to the Board the total amount for
        which the person is liable.
            (2) Amount of charge.--The amount of the late payment charge
        imposed under paragraph (1) shall be prescribed by the Board
        with the approval of the Secretary.

    (f) Refund of Assessments From Escrow Account.--
            (1) Establishment of escrow account.--During the period
        beginning on the date on which an order is first issued under
        section 534(b)(3) and ending on the date on which a referendum
        is conducted under section 537(a), the Board shall--
                    (A) establish and maintain an escrow account to be
                used for assessment refunds; and
                    (B) place funds in the account in accordance with
                paragraph (2).
            (2) Placement of funds in account.--The Board shall place in
        the account, from assessments collected during the period
        referred to in paragraph (1), an amount equal to the product
        obtained by multiplying the total amount of assessments
        collected during the period by 10 percent.
            (3) Right to receive refund.--The Board shall refund to a
        producer the assessments paid by or on behalf of the producer
        if--
                    (A) the producer is required to pay the assessment;
                    (B) the producer does not support the program
                established under this subtitle; and
                    (C) the producer demands the refund prior to the
                conduct of the referendum under section 537(a).
            (4) Form of demand.--The demand shall be made in accordance
        with such regulations, in such form, and within such time period
        as prescribed by the Board.
            (5) Making of refund.--The refund shall be made on
        submission of proof satisfactory to the Board that the producer
        paid the assessment for which the refund is demanded.
            (6) Proration.--If--
                    (A) the amount in the escrow account required by
                paragraph (1) is not sufficient to refund the total
                amount of assessments demanded by eligible producers;
                and
                    (B) the order is not approved pursuant to the
                referendum conducted under section 537(a);
        the Board shall prorate the amount of the refunds among all
        eligible producers who demand a refund.
            (7) Program approved.--If the plan is approved pursuant to
        the referendum conducted under section 537(a), all funds in the
        escrow account shall be returned to the Board for use by the
        Board in accordance with this subtitle.

SEC. 537. <<NOTE: 7 USC 7446.>>  REFERENDA.

    (a) Initial Referendum.--
            (1) Requirement.--During the period ending 30 months after
        the date on which an order is first issued under section
        534(b)(3), the Secretary shall conduct a referendum among
        producers who, during a representative period as determined by
        the Secretary, have been engaged in the production of canola or
        rapeseed for the purpose of ascertaining whether the order then
        in effect shall be continued.
            (2) Advance notice.--The Secretary shall, to the extent
        practicable, provide broad public notice in advance of any
        referendum. The notice shall be provided, without advertising
        expenses, by means of newspapers, county newsletters, the
        electronic media, and press releases, through the use of notices
        posted in State and county Cooperative State Research,
        Education, and Extension Service offices and county Consolidated
        Farm Service Agency offices, and by other appropriate means
        specified in the order. The notice shall contain information on
        when the referendum will be held, registration and voting
        requirements, rules regarding absentee voting, and other
        pertinent information.
            (3) Approval of order.--The order shall be continued only if
        the Secretary determines that the order has been approved by not
        less than a majority of the producers voting in the referendum.
            (4) <<NOTE: Termination date.>>  Disapproval of order.--If
        continuation of the order is not approved by a majority of the
        producers voting in the referendum, the Secretary shall
        terminate collection of assessments under the order within 180
        days after the referendum and shall terminate the order in an
        orderly manner as soon as practicable.

    (b) Additional Referenda.--
            (1) In general.--
                    (A) Requirement.--After the initial referendum on an
                order, the Secretary shall conduct additional referenda,
                as described in subparagraph (C), if requested by a rep
                resentative group of producers, as described in
                subparagraph (B).
                    (B) Representative group of producers.--An
                additional referendum on an order shall be conducted if
                requested by 10 percent or more of the producers who,
                during a representative period as determined by the
                Secretary, have been engaged in the production of canola
                or rapeseed.
                    (C) Eligible producers.--Each additional referendum
                shall be conducted among all producers who, during a
                representative period as determined by the Secretary,
                have been engaged in the production of canola or
                rapeseed to determine whether the producers favor the
                termination or suspension of the order.
            (2) <<NOTE: Termination date.>>  Disapproval of order.--If
        the Secretary determines, in a referendum conducted under
        paragraph (1), that suspension or termination of the order is
        favored by a majority of the producers voting in the referendum,
        the Secretary shall suspend or terminate, as appropriate,
        collection of assessments under the order within 180 days after
        the determination, and shall suspend or terminate the order, as
        appropriate, in an orderly manner as soon as practicable after
        the determination.
            (3) Opportunity to request additional referenda.--
                    (A) In general.--Beginning on the date that is 5
                years after the conduct of a referendum under this
                subtitle, and every 5 years thereafter, the Secretary
                shall provide canola and rapeseed producers an
                opportunity to request an additional referendum.
                    (B) Method of making request.--
                          (i) In-person requests.--To carry out
                      subparagraph (A), the Secretary shall establish a
                      procedure under which a producer may make a
                      request for a reconfirmation referendum in person
                      at a county Cooperative State Research, Education,
                      and Extension Service office or a county
                      Consolidated Farm Service Agency office during a
                      period established by the Secretary, or as
                      provided in clause (ii).
                          (ii) Mail-in requests.--In lieu of making a
                      request in person, a producer may make a request
                      by mail. To facilitate the submission of requests
                      by mail, the Secretary may make mail-in request
                      forms available to producers.
                    (C) <<NOTE: Federal Register, publication.>>
                Notifications.--The Secretary shall publish a notice in
                the Federal Register, and the Board shall provide
                written notification to producers, not later than 60
                days prior to the end of the period established under
                subparagraph (B)(i) for an in-person request, of the
                opportunity of producers to request an additional
                referendum. The notification shall explain the right of
                producers to an additional referendum, the procedure for
                a referendum, the purpose of a referendum, and the date
                and method by which producers may act to request an
                additional referendum under this paragraph. The
                Secretary shall take such other action as the Secretary
                determines is necessary to ensure that producers are
                made aware of the opportunity to request an additional
                referendum.
                    (D) Action by secretary.--As soon as practicable
                following the submission of a request for an additional
                referendum, the Secretary shall determine whether a
                sufficient number of producers have requested the
                referendum, and take such steps as are necessary to
                conduct the referendum, as required under paragraph (1).
                    (E) Time limit.--An additional referendum requested
                under the procedures provided in this paragraph shall be
                conducted not later than 1 year after the Secretary
                determines that a representative group of producers, as
                described in paragraph (1)(B), have requested the
                conduct of the referendum.

    (c) Procedures.--
            (1) Reimbursement of secretary.--The Secretary shall be
        reimbursed from assessments collected by the Board for any
        expenses incurred by the Secretary in connection with the
        conduct of an activity required under this section.
            (2) Date.--Each referendum shall be conducted for a
        reasonable period of time not to exceed 3 days, established by
        the Secretary, under a procedure under which producers intending
        to vote in the referendum shall certify that the producers were
        engaged in the production of canola, rapeseed, or canola or
        rapeseed products during the representative period and, at the
        same time, shall be provided an opportunity to vote in the
        referendum.
            (3) Place.--Referenda under this section shall be conducted
        at locations determined by the Secretary. On request, absentee
        mail ballots shall be furnished by the Secretary in a manner
        prescribed by the Secretary.

SEC. 538. <<NOTE: 7 USC 7447.>>  PETITION AND REVIEW.

    (a) Petition.--
            (1) In general.--A person subject to an order issued under
        this subtitle may file with the Secretary a petition--
                    (A) stating that the order, a provision of the
                order, or an obligation imposed in connection with the
                order is not established in accordance with law; and
                    (B) requesting a modification of the order or an
                exemption from the order.
            (2) Hearings.--The petitioner shall be given the opportunity
        for a hearing on a petition filed under paragraph (1), in
        accordance with regulations issued by the Secretary.
            (3) Ruling.--After a hearing under paragraph (2), the
        Secretary shall issue a ruling on the petition that is the
        subject of the hearing, which shall be final if the ruling is in
        accordance with applicable law.
            (4) Limitation on petition.--Any petition filed under this
        subtitle challenging an order, or any obligation imposed in
        connection with an order, shall be filed not later than 2 years
        after the effective date of the order or imposition of the
        obligation.

    (b) Review.--
            (1) <<NOTE: Courts.>>  Commencement of action.--The district
        court of the United States for any district in which the person
        who is a petitioner under subsection (a) resides or carries on
        business shall have jurisdiction to review a ruling on the
        petition, if a complaint is filed by the person not later than
        20 days after the date of the entry of a ruling by the Secretary
        under subsection (a)(3).
            (2) Process.--Service of process in a proceeding under
        paragraph (1) shall be conducted in accordance with the Federal
        Rules of Civil Procedure.
            (3) Remands.--If the court determines, under paragraph (1),
        that a ruling issued under subsection (a)(3) is not in
        accordance with applicable law, the court shall remand the
        matter to the Secretary with directions either--
                    (A) to make such ruling as the court shall determine
                to be in accordance with law; or
                    (B) to take such further proceedings as, in the
                opinion of the court, the law requires.
            (4) Enforcement.--The pendency of proceedings instituted
        under subsection (a) shall not impede, hinder, or delay the
        Attorney General or the Secretary from taking any action under
        section 539.

SEC. 539. <<NOTE: Courts. 7 USC 7448.>>  ENFORCEMENT.

    (a) Jurisdiction.--The district courts of the United States are
vested with jurisdiction specifically to enforce, and to prevent and
restrain any person from violating, an order or regulation made or
issued under this subtitle.
    (b) Referral to Attorney General.--A civil action authorized to be
commenced under this section shall be referred to the Attorney General
for appropriate action, except that the Secretary shall not be required
to refer to the Attorney General a violation of this subtitle if the
Secretary believes that the administration and enforcement of this
subtitle would be adequately served by providing a suitable written
notice or warning to the person committing the violation or by
administrative action under subsection (c).
    (c) Civil Penalties and Orders.--
            (1) Civil penalties.--
                    (A) In general.--Any person who willfully violates
                any provision of an order or regulation issued by the
                Secretary under this subtitle, or who fails or refuses
                to pay, collect, or remit an assessment or fee required
                of the person under an order or regulation, may be
                assessed--
                          (i) a civil penalty by the Secretary of not
                      more than $1,000 for each violation; and
                          (ii) in the case of a willful failure to pay,
                      collect, or remit an assessment as required by an
                      order or regulation, an additional penalty equal
                      to the amount of the assessment.
                    (B) Separate offense.--Each violation under
                subparagraph (A) shall be a separate offense.
            (2) Cease-and-desist orders.--In addition to, or in lieu of,
        a civil penalty under paragraph (1), the Secretary may issue an
        order requiring a person to cease and desist from continuing a
        violation.
            (3) Notice and hearing.--No penalty shall be assessed, or
        cease-and-desist order issued, by the Secretary under this
        subsection unless the person against whom the penalty is
        assessed or the cease-and-desist order is issued is given notice
        and opportunity for a hearing before the Secretary with respect
        to the violation.
            (4) Finality.--The order of the Secretary assessing a
        penalty or imposing a cease-and-desist order under this
        subsection shall be final and conclusive unless the affected
        person files an appeal of the order in the appropriate district
        court of the United States in accordance with subsection (d).

    (d) Review by District Court.--
            (1) Commencement of action.--Any person who has been
        determined to be in violation of this subtitle, or against whom
        a civil penalty has been assessed or a cease-and-desist order
        issued under subsection (c), may obtain review of the penalty or
        cease-and-desist order by--
                    (A) filing, within the 30-day period beginning on
                the date the penalty is assessed or cease-and-desist
                order issued, a notice of appeal in--
                          (i) the district court of the United States
                      for the district in which the person resides or
                      carries on business; or
                          (ii) the United States District Court for the
                      District of Columbia; and
                    (B) simultaneously sending a copy of the notice by
                certified mail to the Secretary.
            (2) Record.--The Secretary shall file promptly, in the
        appropriate court referred to in paragraph (1), a certified copy
        of the record on which the Secretary determined that the person
        committed the violation.
            (3) Standard of review.--A finding of the Secretary under
        this section shall be set aside only if the finding is found to
        be unsupported by substantial evidence.

    (e) Failure To Obey Cease-and-Desist Orders.--Any person who fails
to obey a cease-and-desist order issued under this section after the
cease-and-desist order has become final and unappealable, or after the
appropriate United States district court has entered a final judgment in
favor of the Secretary, shall be subject to a civil penalty assessed by
the Secretary, after opportunity for a hearing and for judicial review
under the procedures specified in subsections (c) and (d), of not more
than $5,000 for each offense. Each day during which the failure
continues shall be considered as a separate violation of the cease-and-
desist order.
    (f) Failure To Pay Penalties.--If a person fails to pay an
assessment of a civil penalty under this section after the assessment
has become a final and unappealable order, or after the appropriate
United States district court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney General
for recovery of the amount assessed in the district court of the United
States for any district in which the person resides or carries on
business. In an action for recovery, the validity and appropriateness of
the final order imposing the civil penalty shall not be subject to
review.
    (g) Additional Remedies.--The remedies provided in this subtitle
shall be in addition to, and not exclusive of, other remedies that may
be available.

SEC. 540. <<NOTE: 7 USC 7449.>>  INVESTIGATIONS AND POWER TO SUBPOENA.

    (a) Investigations.--The Secretary may make such investigations as
the Secretary considers necessary--
            (1) for the effective administration of this subtitle; and
            (2) to determine whether any person has engaged or is
        engaging in an act that constitutes a violation of this
        subtitle, or an order, rule, or regulation issued under this
        subtitle.

    (b) Subpoenas, Oaths, and Affirmations.--
            (1) In general.--For the purpose of an investigation under
        subsection (a), the Secretary may administer oaths and
        affirmations, subpoena witnesses, take evidence, and issue
        subpoenas to require the production of any records that are
        relevant to the inquiry. The attendance of witnesses and the
        production of records may be required from any place in the
        United States.
            (2) Administrative hearings.--For the purpose of an
        administrative hearing held under section 538 or 539, the
        presiding officer is authorized to administer oaths and
        affirmations, subpoena and compel the attendance of witnesses,
        take evidence, and require the production of any records that
        are relevant to the inquiry. The attendance of witnesses and the
        production of records may be required from any place in the
        United States.

    (c) Aid of Courts.--In the case of contumacy by, or refusal to obey
a subpoena issued to, any person, the Secretary may invoke the aid of
any court of the United States within the jurisdiction of which the
investigation or proceeding is carried on, or where the person resides
or carries on business, in order to enforce a subpoena issued by the
Secretary under subsection (b). The court may issue an order requiring
the person to comply with the subpoena.
    (d) Contempt.--A failure to obey an order of the court under this
section may be punished by the court as contempt of the court.
    (e) Process.--Process may be served on a person in the judicial
district in which the person resides or carries on business or wherever
the person may be found.
    (f) Hearing Site.--The site of a hearing held under section 538 or
539 shall be in the judicial district where the person affected by the
hearing resides or has a principal place of business.

SEC. 541. <<NOTE: 7 USC 7450.>>  SUSPENSION OR TERMINATION.

    The Secretary shall, whenever the Secretary finds that an order or a
provision of an order obstructs or does not tend to effectuate the
declared policy of this subtitle, suspend or terminate the operation of
the order or provision. The suspension or termination of an order shall
not be considered an order within the meaning of this subtitle.

SEC. 542. <<NOTE: 7 USC 7451.>>  REGULATIONS.

    The Secretary may issue such regulations as are necessary to carry
out this subtitle.

SEC. 543. <<NOTE: 7 USC 7452.>>  AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each
fiscal year such sums as are necessary to carry out this subtitle.
    (b) Administrative Expenses.--Funds appropriated under subsection
(a) shall not be available for payment of the expenses or expenditures
of the Board in administering a provision of an order issued under this
subtitle.

        Subtitle D <<NOTE: National Kiwifruit Research, Promotion, and Consumer
            Information Act.>> --Kiwifruit

SEC. 551. <<NOTE: 7 USC 7401 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``National Kiwifruit Research,
Promotion, and Consumer Information Act''.

SEC. 552. <<NOTE: 7 USC 7461.>>  FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) domestically produced kiwifruit are grown by many
        individual producers;
            (2) virtually all domestically produced kiwifruit are grown
        in the State of California, although there is potential for
        production in many other areas of the United States;
            (3) kiwifruit move in interstate and foreign commerce, and
        kiwifruit that do not move in channels of commerce directly
        burden or affect interstate commerce;
            (4) in recent years, large quantities of kiwifruit have been
        imported into the United States;
            (5) the maintenance and expansion of existing domestic and
        foreign markets for kiwifruit, and the development of additional
        and improved markets for kiwifruit, are vital to the welfare of
        kiwifruit producers and other persons concerned with producing,
        marketing, and processing kiwifruit;
            (6) a coordinated program of research, promotion, and
        consumer information regarding kiwifruit is necessary for the
        maintenance and development of the markets; and
            (7) kiwifruit producers, handlers, and importers are unable
        to implement and finance such a program without cooperative
        action.

    (b) Purposes.--The purposes of this subtitle are--
            (1) to authorize the establishment of an orderly procedure
        for the development and financing (through an assessment) of an
        effective and coordinated program of research, promotion, and
        consumer information regarding kiwifruit;
            (2) to use the program to strengthen the position of the
        kiwifruit industry in domestic and foreign markets and maintain,
        develop, and expand markets for kiwifruit; and
            (3) to treat domestically produced kiwifruit and imported
        kiwifruit equitably.

SEC. 553. <<NOTE: 7 USC 7462.>>  DEFINITIONS.

    In this subtitle (unless the context otherwise requires):
            (1) Board.--The term ``Board'' means the National Kiwifruit
        Board established under section 555.
            (2) Consumer information.--The term ``consumer information''
        means any action taken to provide information to, and broaden
        the understanding of, the general public regarding the
        consumption, use, nutritional attributes, and care of kiwifruit.
            (3) Exporter.--The term ``exporter'' means any person from
        outside the United States who exports kiwifruit into the United
        States.
            (4) Handler.--The term ``handler'' means any person,
        excluding a common carrier, engaged in the business of buying
        and selling, packing, marketing, or distributing kiwifruit as
        specified in the order.
            (5) Importer.--The term ``importer'' means any person who
        imports kiwifruit into the United States.
            (6) Kiwifruit.--The term ``kiwifruit'' means all varieties
        of fresh kiwifruit grown in or imported into the United States.
            (7) Marketing.--The term ``marketing'' means the sale or
        other disposition of kiwifruit into interstate, foreign, or
        intrastate commerce by buying, marketing, distribution, or
        otherwise placing kiwifruit into commerce.
            (8) Order.--The term ``order'' means a kiwifruit research,
        promotion, and consumer information order issued by the
        Secretary under section 554.
            (9) Person.--The term ``person'' means any individual, group
        of individuals, partnership, corporation, association,
        cooperative, or other legal entity.
            (10) Processing.--The term ``processing'' means canning,
        fermenting, distilling, extracting, preserving, grinding,
        crushing, or in any manner changing the form of kiwifruit for
        the purpose of preparing the kiwifruit for market or marketing
        the kiwifruit.
            (11) Producer.--The term ``producer'' means any person who
        grows kiwifruit in the United States for sale in commerce.
            (12) Promotion.--The term ``promotion'' means any action
        taken under this subtitle (including paid advertising) to
        present a favorable image of kiwifruit to the general public for
        the purpose of improving the competitive position of kiwifruit
        and stimulating the sale of kiwifruit.
            (13) Research.--The term ``research'' means any type of
        research relating to the use, nutritional value, and marketing
        of kiwifruit conducted for the purpose of advancing the image,
        desirability, marketability, or quality of kiwifruit.
            (14) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (15) United states.--The term ``United States'' means the 50
        States of the United States, the District of Columbia, and the
        Commonwealth of Puerto Rico.

SEC. 554. <<NOTE: 7 USC 7463.>>  ISSUANCE OF ORDERS.

    (a) Issuance.--To effectuate the purposes of this subtitle specified
in section 552(b), the Secretary shall issue an order applicable to
producers, handlers, and importers of kiwifruit. Any such order shall be
national in scope. Not more than 1 order shall be in effect under this
subtitle at any 1 time.
    (b) Procedure.--
            (1) Proposal for issuance of order.--Any person that will be
        affected by this subtitle may request the issuance of, and
        submit a proposal for, an order under this subtitle.
            (2) <<NOTE: Publication.>>  Proposed order.--Not later than
        90 days after the receipt of a request and proposal for an
        order, the Secretary shall publish a proposed order and give due
        notice and opportunity for public comment on the proposed order.
            (3) Issuance of order.--After notice and opportunity for
        public comment are provided under paragraph (2), the Secretary
        shall issue an order, taking into consideration the comments
        received and including in the order provisions necessary to
        ensure that the order is in conformity with this subtitle.
    (c) Amendments.--The Secretary may amend any order issued under this
section. The provisions of this subtitle applicable to an order shall be
applicable to an amendment to an order.

SEC. 555. <<NOTE: 7 USC 7464.>>  NATIONAL KIWIFRUIT BOARD.

    (a) Membership.--An order issued by the Secretary under section 554
shall provide for the establishment of a National Kiwifruit Board that
consists of the following 11 members:
            (1) 6 members who are producers (or representatives of
        producers) and who are not exempt from an assessment under
        section 556(b).
            (2) 4 members who are importers (or representatives of
        importers) and who are not exempt from an assessment under
        section 556(b) or are exporters (or representatives of
        exporters).
            (3) 1 member appointed from the general public.

    (b) Adjustment of Membership.--
            (1) In general.--Subject to the 11-member limit and to
        paragraph (2), the Secretary may adjust membership on the Board
        to accommodate changes in production and import levels of
        kiwifruit.
            (2) Number of producer members.--Producers shall comprise
        not less than 51 percent of the membership of the Board.

    (c) Appointment and Nomination.--
            (1) Appointment.--The Secretary shall appoint the members of
        the Board from nominations submitted in accordance with this
        subsection.
            (2) Producers.--The members referred to in subsection (a)(1)
        shall be appointed from individuals nominated by producers.
            (3) Importers and exporters.--The members referred to in
        subsection (a)(2) shall be appointed from individuals nominated
        by importers or exporters.
            (4) Public representative.--The public representative shall
        be appointed from nominations submitted by other members of the
        Board.
            (5) Failure to nominate.--If producers, importers, and
        exporters fail to nominate individuals for appointment, the
        Secretary may appoint members and alternates on a basis provided
        for in the order. If the Board fails to nominate a public
        representative, the member may be appointed by the Secretary
        without a nomination.

    (d) Alternates.--The Secretary shall appoint an alternate for each
member of the Board. An alternate shall--
            (1) be appointed in the same manner as the member for whom
        the individual is an alternate; and
            (2) serve on the Board if the member is absent from a
        meeting or is disqualified under subsection (f).

    (e) Terms.--A member of the Board shall be appointed for a term of 3
years. No member may serve more than 2 consecutive 3-year terms, except
that of the members first appointed--
            (1) 5 members shall be appointed for a term of 2 years; and
            (2) 6 members shall be appointed for a term of 3 years.

    (f) Disqualification.--If a member or alternate of the Board who was
appointed as a producer, importer, exporter, or public representative
member ceases to belong to the group for which
the member was appointed, the member or alternate shall be disqualified
from serving on the Board.
    (g) Compensation.--A member or alternate of the Board shall serve
without pay.
    (h) General Powers and Duties.--The Board shall--
            (1) administer an order issued by the Secretary under
        section 554, and an amendment to the order, in accordance with
        the order and amendment and this subtitle;
            (2) <<NOTE: Regulations.>>  prescribe rules and regulations
        to carry out the order;
            (3) meet, organize, and select from among members of the
        Board a chairperson, other officers, and committees and
        subcommittees, as the Board determines appropriate;
            (4) receive, investigate, and report to the Secretary
        accounts of violations of the order;
            (5) make recommendations to the Secretary with respect to an
        amendment that should be made to the order; and
            (6) employ or contract with a manager and staff to assist in
        administering the order, except that, to reduce administrative
        costs and increase efficiency, the Board shall seek, to the
        extent practicable, to employ or contract with personnel who are
        already associated with organizations involved in promoting
        kiwifruit that are chartered by a State, the District of
        Columbia, or the Commonwealth of Puerto Rico.

SEC. 556. <<NOTE: 7 USC 7465.>>  REQUIRED TERMS IN ORDER.

    (a) Budgets and Plans.--
            (1) In general.--An order issued under section 554 shall
        provide for periodic budgets and plans in accordance with this
        subsection.
            (2) Budgets.--The Board shall prepare and submit to the
        Secretary a budget prior to the beginning of the fiscal year of
        the anticipated expenses and disbursements of the Board in the
        administration of the order, including probable costs of
        research, promotion, and consumer information. A budget shall
        become effective on a \2/3\-vote of a quorum of the Board and
        approval by the Secretary.
            (3) Plans.--Each budget shall include a plan for research,
        promotion, and consumer information regarding kiwifruit. A plan
        under this paragraph shall become effective on approval by the
        Secretary. The Board may enter into contracts and agreements, on
        approval by the Secretary, for--
                    (A) the development and carrying out of the plan;
                and
                    (B) the payment of the cost of the plan, with funds
                collected pursuant to this subtitle.

    (b) Assessments.--
            (1) In general.--The order shall provide for the imposition
        and collection of assessments with regard to the production and
        importation of kiwifruit in accordance with this subsection.
            (2) Rate.--The assessment rate shall be the rate that is
        recommended by a \2/3\-vote of a quorum of the Board and
        approved by the Secretary, except that the rate shall not exceed
        $0.10 per 7-pound tray of kiwifruit or an equivalent rate.
            (3) Collection by first handlers.--Except as provided in
        paragraph (5), the first handler of kiwifruit shall--
                    (A) be responsible for the collection from the
                producer, and payment to the Board, of assessments
                required under this subsection; and
                    (B) maintain a separate record of the kiwifruit of
                each producer whose kiwifruit are so handled, including
                the kiwifruit owned by the handler.
            (4) Importers.--The assessment on imported kiwifruit shall
        be paid by the importer to the United States Customs Service at
        the time of entry into the United States and shall be remitted
        to the Board.
            (5) Exemption from assessment.--The following persons or
        activities are exempt from an assessment under this subsection:
                    (A) A producer who produces less than 500 pounds of
                kiwifruit per year.
                    (B) An importer who imports less than 10,000 pounds
                of kiwifruit per year.
                    (C) A sale of kiwifruit made directly from the
                producer to a consumer for a purpose other than resale.
                    (D) The production or importation of kiwifruit for
                processing.
            (6) Claim of exemption.--To claim an exemption under
        paragraph (5) for a particular year, a person shall--
                    (A) submit an application to the Board stating the
                basis for the exemption and certifying that the quantity
                of kiwifruit produced, imported, or sold by the person
                will not exceed any poundage limitation required for the
                exemption in the year; or
                    (B) be on a list of approved processors developed by
                the Board.

    (c) Use of Assessments.--
            (1) Authorized uses.--The order shall provide that funds
        paid to the Board as assessments under subsection (b) may be
        used by the Board--
                    (A) to pay for research, promotion, and consumer
                information described in the budget of the Board under
                subsection (a) and for other expenses incurred by the
                Board in the administration of an order;
                    (B) to pay such other expenses for the
                administration, maintenance, and functioning of the
                Board (including any enforcement efforts for the
                collection of assessments) as may be authorized by the
                Secretary, including interest and penalties for late
                payments; and
                    (C) to fund a reserve established under section
                557(d).
            (2) Required uses.--The order shall provide that funds paid
        to the Board as assessments under subsection (b) shall be used
        by the Board--
                    (A) to pay the expenses incurred by the Secretary,
                including salaries and expenses of Federal Government
                employees, in implementing and administering the order;
                and
                    (B) to reimburse the Secretary for any expenses
                incurred by the Secretary in conducting referenda under
                this subtitle.
            (3) Limitation on use of assessments.--Except for the first
        year of operation of the Board, expenses for the administration,
        maintenance, and functioning of the Board may not exceed
        30 percent of the budget for a year.

    (d) False Claims.--The order shall provide that any promotion funded
with assessments collected under subsection (b) may not make--
            (1) any false claims on behalf of kiwifruit; and
            (2) any false statements with respect to the attributes or
        use of any product that competes with kiwifruit for sale in
        commerce.

    (e) Prohibition on Use of Funds.--The order shall provide that funds
collected by the Board under this subtitle through assessments may not,
in any manner, be used for the purpose of influencing legislation or
governmental policy or action, except for making recommendations to the
Secretary as provided for under this subtitle.
    (f) Books, Records, and Reports.--
            (1) Board.--The order shall require the Board--
                    (A) to maintain books and records with respect to
                the receipt and disbursement of funds received by the
                Board;
                    (B) to submit to the Secretary from time to time
                such reports as the Secretary may require for
                appropriate accounting; and
                    (C) to submit to the Secretary at the end of each
                fiscal year a complete audit report by an independent
                auditor regarding the activities of the Board during the
                fiscal year.
            (2) Others.--To make information and data available to the
        Board and the Secretary that is appropriate or necessary for the
        effectuation, administration, or enforcement of this subtitle
        (or any order or regulation issued under this subtitle), the
        order shall require handlers and importers who are responsible
        for the collection, payment, or remittance of assessments under
        subsection (b)--
                    (A) to maintain and make available for inspection by
                the employees and agents of the Board and the Secretary
                such books and records as may be required by the order;
                and
                    (B) to file, at the times and in the manner and
                content prescribed by the order, reports regarding the
                collection, payment, or remittance of the assessments.

    (g) Confidentiality.--
            (1) In general.--The order shall require that all
        information obtained pursuant to subsection (f)(2) be kept
        confidential by all officers, employees, and agents of the
        Department of Agriculture and of the Board. Only such
        information as the Secretary considers relevant shall be
        disclosed to the public and only in a suit or administrative
        hearing, brought at the request of the Secretary or to which the
        Secretary or any officer of the United States is a party,
        involving the order with respect to which the information was
        furnished or acquired.
            (2) Limitations.--Nothing in this subsection prohibits--
                    (A) the issuance of general statements based on the
                reports of a number of handlers and importers subject to
                an order, if the statements do not identify the
                information furnished by any person; or
                    (B) the publication, by direction of the Secretary,
                of the name of any person violating an order issued
                under section 554(a), together with a statement of the
                particular provisions of the order violated by the
                person.
            (3) Penalty.--Any person who willfully violates this
        subsection, on conviction, shall be subject to a fine of not
        more than $1,000 or to imprisonment for not more than 1 year, or
        both, and, if the person is a member, officer, or agent of the
        Board or an employee of the Department of Agriculture, shall be
        removed from office.

    (h) Withholding of Information.--Nothing in this subtitle authorizes
the withholding of information from Congress.

SEC. 557. <<NOTE: 7 USC 7466.>>  PERMISSIVE TERMS IN ORDER.

    (a) Permissive Terms.--On the recommendation of the Board and with
the approval of the Secretary, an order issued under section 554 may
include the terms and conditions specified in this section and such
additional terms and conditions as the Secretary considers necessary to
effectuate the other provisions of the order and are incidental to, and
not inconsistent with, this subtitle.
    (b) Alternative Payment and Reporting Schedules.--The order may
authorize the Board to designate different handler payment and reporting
schedules to recognize differences in marketing practices and
procedures.
    (c) Working Groups.--The order may authorize the Board to convene
working groups drawn from producers, handlers, importers, exporters, or
the general public and utilize the expertise of the groups to assist in
the development of research and marketing programs for kiwifruit.
    (d) Reserve Funds.--The order may authorize the Board to accumulate
reserve funds from assessments collected pursuant to section 556(b) to
permit an effective and continuous coordinated program of research,
promotion, and consumer information in years in which production and
assessment income may be reduced, except that any reserve fund may not
exceed the amount budgeted for operation of this subtitle for 1 year.
    (e) Promotion Activities Outside United States.--The order may
authorize the Board to use, with the approval of the Secretary, funds
collected under section 556(b) and funds from other sources for the
development and expansion of sales in foreign markets of kiwifruit
produced in the United States.

SEC. 558. <<NOTE: 7 USC 7467.>>  PETITION AND REVIEW.

    (a) Petition.--
            (1) In general.--A person subject to an order may file with
        the Secretary a petition--
                    (A) stating that the order, a provision of the
                order, or an obligation imposed in connection with the
                order is not in accordance with law; and
                    (B) requesting a modification of the order or an
                exemption from the order.
            (2) Hearings.--A person submitting a petition under
        paragraph (1) shall be given an opportunity for a hearing on the
        petition, in accordance with regulations issued by the
        Secretary.
            (3) Ruling.--After the hearing, the Secretary shall issue a
        ruling on the petition which shall be final if the petition is
        in accordance with law.
            (4) Limitation on petition.--Any petition filed under this
        subtitle challenging an order, or any obligation imposed in
        connection with an order, shall be filed not later than 2 years
        after the effective date of the order or imposition of the
        obligation.

    (b) <<NOTE: Courts.>>  Review.--
            (1) Commencement of action.--The district court of the
        United States for any district in which the person who is a
        petitioner under subsection (a) resides or carries on business
        is vested with jurisdiction to review the ruling on the petition
        of the person, if a complaint for that purpose is filed not
        later than 20 days after the date of the entry of a ruling by
        the Secretary under subsection (a).
            (2) Process.--Service of process in the proceedings shall be
        conducted in accordance with the Federal Rules of Civil
        Procedure.
            (3) Remands.--If the court determines that the ruling is not
        in accordance with law, the court shall remand the matter to the
        Secretary with directions--
                    (A) to make such ruling as the court shall determine
                to be in accordance with law; or
                    (B) to take such further action as, in the opinion
                of the court, the law requires.
            (4) Enforcement.--The pendency of a proceeding instituted
        pursuant to subsection (a) shall not impede, hinder, or delay
        the Attorney General or the Secretary from obtaining relief
        pursuant to section 559.

SEC. 559. <<NOTE: Courts. 7 USC 7468.>>  ENFORCEMENT.

    (a) Jurisdiction.--A district court of the United States shall have
jurisdiction specifically to enforce, and to prevent and restrain any
person from violating, any order or regulation made or issued by the
Secretary under this subtitle.
    (b) Referral to Attorney General.--A civil action authorized to be
brought under this section shall be referred to the Attorney General for
appropriate action, except that the Secretary is not required to refer
to the Attorney General a violation of this subtitle, or any order or
regulation issued under this subtitle, if the Secretary believes that
the administration and enforcement of this subtitle would be adequately
served by administrative action under subsection (c) or suitable written
notice or warning to the person committing the violation.
    (c) Civil Penalties and Orders.--
            (1) Civil penalties.--Any person who willfully violates any
        provision of any order or regulation issued by the Secretary
        under this subtitle, or who fails or refuses to pay, collect, or
        remit any assessment or fee duly required of the person under
        the order or regulation, may be assessed a civil penalty by the
        Secretary of not less than $500 nor more than $5,000 for each
        such violation. Each violation shall be a separate offense.
            (2) Cease-and-desist orders.--In addition to or in lieu of
        the civil penalty, the Secretary may issue an order requiring
        the person to cease and desist from continuing the violation.
            (3) Notice and hearing.--No order assessing a civil penalty
        or cease-and-desist order may be issued by the Secretary under
        this subsection unless the Secretary gives the person
        against whom the order is issued notice and opportunity for a
        hearing on the record before the Secretary with respect to the
        violation.
            (4) Finality.--The order of the Secretary assessing a
        penalty or imposing a cease-and-desist order shall be final and
        conclusive unless the person against whom the order is issued
        files an appeal of the order in the appropriate district court
        of the United States, in accordance with subsection (d).

    (d) Review by United States District Court.--
            (1) Commencement of action.--Any person against whom a
        violation is found and a civil penalty assessed or cease-and-
        desist order issued under subsection (c) may obtain review of
        the penalty or cease-and-desist order in the district court of
        the United States for the district in which the person resides
        or carries on business, or the United States District Court for
        the District of Columbia, by--
                    (A) filing a notice of appeal in the court not later
                than 30 days after the date on which the penalty is
                assessed or cease-and-desist order issued; and
                    (B) simultaneously sending a copy of the notice by
                certified mail to the Secretary.
            (2) Record.--The Secretary shall promptly file in the court
        a certified copy of the record on which the Secretary found that
        the person committed the violation.
            (3) Standard of review.--A finding of the Secretary shall be
        set aside only if the finding is found to be unsupported by
        substantial evidence.

    (e) Failure To Obey Cease-and-Desist Orders.--Any person who fails
to obey a cease-and-desist order issued by the Secretary after the
cease-and-desist order has become final and unappealable, or after the
appropriate United States district court has entered a final judgment in
favor of the Secretary, shall be subject to a civil penalty assessed by
the Secretary, after opportunity for a hearing and for judicial review
under the procedures specified in subsections (c) and (d), of not more
than $500 for each offense. Each day during which the failure continues
shall be considered a separate violation of the cease-and-desist order.
    (f) Failure To Pay Penalties.--If a person fails to pay an
assessment of a civil penalty after the assessment has become a final
and unappealable order issued by the Secretary, or after the appropriate
United States district court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney General
for recovery of the amount assessed in the district court of the United
States for any district in which the person resides or carries on
business. In an action for recovery, the validity and appropriateness of
the final order imposing the civil penalty shall not be subject to
review.

SEC. 560. <<NOTE: 7 USC 7469.>>  INVESTIGATIONS AND POWER TO SUBPOENA.

    (a) In General.--The Secretary may make such investigations as the
Secretary considers necessary--
            (1) for the effective carrying out of the responsibilities
        of the Secretary under this subtitle; or
            (2) to determine whether a person subject to this subtitle
        has engaged or is engaging in any act that constitutes a
        violation of this subtitle, or any order, rule, or regulation
        issued under this subtitle.
    (b) Power to Subpoena.--
            (1) Investigations.--For the purpose of an investigation
        made under subsection (a), the Secretary may administer oaths
        and affirmations and may issue subpoenas to require the
        production of any records that are relevant to the inquiry. The
        production of any such records may be required from any place in
        the United States.
            (2) Administrative hearings.--For the purpose of an
        administrative hearing held under section 558 or 559, the
        presiding officer is authorized to administer oaths and
        affirmations, subpoena witnesses, compel the attendance of
        witnesses, take evidence, and require the production of any
        records that are relevant to the inquiry. The attendance of
        witnesses and the production of any such records may be required
        from any place in the United States.

    (c) Aid of Courts.--In the case of contumacy by, or refusal to obey
a subpoena to, any person, the Secretary may invoke the aid of any court
of the United States within the jurisdiction of which the investigation
or proceeding is carried on, or where the person resides or carries on
business, to enforce a subpoena issued by the Secretary under subsection
(b). The court may issue an order requiring the person to comply with
the subpoena.
    (d) Contempt.--Any failure to obey the order of the court may be
punished by the court as a contempt of the court.
    (e) Process.--Process in any such case may be served in the judicial
district in which the person resides or carries on business or wherever
the person may be found.
    (f) Hearing Site.--The site of any hearing held under section 558 or
559 shall be in the judicial district where the person affected by the
hearing resides or has a principal place of business.

SEC. 561. <<NOTE: 7 USC 7470.>>  REFERENDA.

    (a) Initial Referendum.--
            (1) Referendum required.--During the 60-day period
        immediately preceding the proposed effective date of an order
        issued under section 554, the Secretary shall conduct a
        referendum among kiwifruit producers and importers who will be
        subject to assessments under the order, to ascertain whether
        producers and importers approve the implementation of the order.
            (2) Approval of order.--The order shall become effective, as
        provided in section 554, if the Secretary determines that--
                    (A) the order has been approved by a majority of the
                producers and importers voting in the referendum; and
                    (B) the producers and importers favoring approval
                produce and import more than 50 percent of the total
                volume of kiwifruit produced and imported by persons
                voting in the referendum.

    (b) Subsequent Referenda.--The Secretary may periodically conduct a
referendum to determine if kiwifruit producers and importers favor the
continuation, termination, or suspension of any order issued under
section 554 that is in effect at the time of the referendum.
    (c) Required Referenda.--The Secretary shall hold a referendum under
subsection (b)--
            (1) at the end of the 6-year period beginning on the
        effective date of the order and at the end of each subsequent 6-
        year period;
            (2) at the request of the Board; or
            (3) if not less than 30 percent of the kiwifruit producers
        and importers subject to assessments under the order submit a
        petition requesting the referendum.

    (d) Vote.--On completion of a referendum under subsection (b), the
Secretary shall suspend or terminate the order that was subject to the
referendum at the end of the marketing year if--
            (1) the suspension or termination of the order is favored by
        not less than a majority of the producers and importers voting
        in the referendum; and
            (2) the producers and importers produce and import more than
        50 percent of the total volume of kiwifruit produced and
        imported by persons voting in the referendum.

    (e) Confidentiality.--The ballots and other information or reports
that reveal, or tend to reveal, the vote of any person under this
subtitle and the voting list shall be held strictly confidential and
shall not be disclosed.

SEC. 562. <<NOTE: 7 USC 7471.>>  SUSPENSION OR TERMINATION.

    (a) In General.--If the Secretary finds that an order issued under
section 554, or a provision of the order, obstructs or does not tend to
effectuate the purposes of this subtitle, the Secretary shall suspend or
terminate the operation of the order or provision.
    (b) Limitation.--The suspension or termination of any order, or any
provision of an order, shall not be considered an order under this
subtitle.

SEC. 563. <<NOTE: 7 USC 7472.>>  REGULATIONS.

    The Secretary may issue such regulations as are necessary to carry
out this subtitle.

SEC. 564. <<NOTE: 7 USC 7473.>>  AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each fiscal year such
sums as are necessary to carry out this subtitle.

         Subtitle <<NOTE: Popcorn Promotion, Research, and Consumer Information
            Act.>>  E--Popcorn

SEC. 571. <<NOTE: 7 USC 7401 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Popcorn Promotion, Research, and
Consumer Information Act''.

SEC. 572. <<NOTE: 7 USC 7481.>>  FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds that--
            (1) popcorn is an important food that is a valuable part of
        the human diet;
            (2) the production and processing of popcorn plays a
        significant role in the economy of the United States in that
        popcorn is processed by several popcorn processors, distributed
        through wholesale and retail outlets, and consumed by millions
        of people throughout the United States and foreign countries;
            (3) popcorn must be of high quality, readily available,
        handled properly, and marketed efficiently to ensure that the
        benefits of popcorn are available to the people of the United
        States;
            (4) the maintenance and expansion of existing markets and
        uses and the development of new markets and uses for popcorn are
        vital to the welfare of processors and persons concerned with
        marketing, using, and producing popcorn for the market, as well
        as to the agricultural economy of the United States;
            (5) the cooperative development, financing, and
        implementation of a coordinated program of popcorn promotion,
        research, consumer information, and industry information is
        necessary to maintain and expand markets for popcorn; and
            (6) popcorn moves in interstate and foreign commerce, and
        popcorn that does not move in those channels of commerce
        directly burdens or affects interstate commerce in popcorn.

    (b) Policy.--It is the policy of Congress that it is in the public
interest to authorize the establishment, through the exercise of the
powers provided in this subtitle, of an orderly procedure for
developing, financing (through adequate assessments on unpopped popcorn
processed domestically), and carrying out an effective, continuous, and
coordinated program of promotion, research, consumer information, and
industry information designed to--
            (1) strengthen the position of the popcorn industry in the
        marketplace; and
            (2) maintain and expand domestic and foreign markets and
        uses for popcorn.

    (c) Purposes.--The purposes of this subtitle are to--
            (1) maintain and expand the markets for all popcorn products
        in a manner that--
                    (A) is not designed to maintain or expand any
                individual share of a producer or processor of the
                market;
                    (B) does not compete with or replace individual
                advertising or promotion efforts designed to promote
                individual brand name or trade name popcorn products;
                and
                    (C) authorizes and funds programs that result in
                government speech promoting government objectives; and
            (2) establish a nationally coordinated program for popcorn
        promotion, research, consumer information, and industry
        information.

    (d) Statutory Construction.--This subtitle treats processors
equitably. Nothing in this subtitle--
            (1) provides for the imposition of a trade barrier to the
        entry into the United States of imported popcorn for the
        domestic market; or
            (2) provides for the control of production or otherwise
        limits the right of any individual processor to produce popcorn.

SEC. 573. <<NOTE: 7 USC 7482.>>  DEFINITIONS.

    In this subtitle (unless the context otherwise requires):
            (1) Board.--The term ``Board'' means the Popcorn Board
        established under section 575(b).
            (2) Commerce.--The term ``commerce'' means interstate,
        foreign, or intrastate commerce.
            (3) Consumer information.--The term ``consumer information''
        means information and programs that will assist consumers and
        other persons in making evaluations and decisions regarding the
        purchase, preparation, and use of popcorn.
            (4) Department.--The term ``Department'' means the
        Department of Agriculture.
            (5) Industry information.--The term ``industry information''
        means information or a program that will lead to the development
        of--
                    (A) new markets, new marketing strategies, or
                increased efficiency for the popcorn industry; or
                    (B) activities to enhance the image of the popcorn
                industry.
            (6) Marketing.--The term ``marketing'' means the sale or
        other disposition of unpopped popcorn for human consumption in a
        channel of commerce, but does not include a sale or disposition
        to or between processors.
            (7) Order.--The term ``order'' means an order issued under
        section 574.
            (8) Person.--The term ``person'' means an individual, group
        of individuals, partnership, corporation, association, or
        cooperative, or any other legal entity.
            (9) Popcorn.--The term ``popcorn'' means unpopped popcorn
        (Zea Mays L) that is--
                    (A) commercially grown;
                    (B) processed in the United States by shelling,
                cleaning, or drying; and
                    (C) introduced into a channel of commerce.
            (10) Process.--The term ``process'' means to shell, clean,
        dry, and prepare popcorn for the market, but does not include
        packaging popcorn for the market without also engaging in
        another activity described in this paragraph.
            (11) Processor.--The term ``processor'' means a person
        engaged in the preparation of unpopped popcorn for the market
        who owns or shares the ownership and risk of loss of the popcorn
        and who processes and distributes over 4,000,000 pounds of
        popcorn in the market per year.
            (12) Promotion.--The term ``promotion'' means an action,
        including paid advertising, to enhance the image or desirability
        of popcorn.
            (13) Research.--The term ``research'' means any type of
        study to advance the image, desirability, marketability,
        production, product development, quality, or nutritional value
        of popcorn.
            (14) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (15) State.--The term ``State'' means each of the 50 States
        and the District of Columbia.
            (16) United states.--The term ``United States'' means all of
        the States.

SEC. 574. <<NOTE: 7 USC 7483.>>  ISSUANCE OF ORDERS.

    (a) In General.--To effectuate the policy described in section
572(b), the Secretary, subject to subsection (b), shall issue 1 or more
orders applicable to processors. An order shall be applicable to all
popcorn production and marketing areas in the United States. Not more
than 1 order shall be in effect under this subtitle at any 1 time.
    (b) Procedure.--
            (1) Proposal or request for issuance.--The Secretary may
        propose the issuance of an order, or an association of
        processors or any other person that would be affected by an
        order may request the issuance of, and submit a proposal for, an
        order.
            (2) <<NOTE: Publication.>>  Notice and comment concerning
        proposed order.--Not later than 60 days after the receipt of a
        request and proposal for an order under paragraph (1), or at
        such time as the Secretary determines to propose an order, the
        Secretary shall publish a proposed order and give due notice and
        opportunity for public comment on the proposed order.
            (3) Issuance of order.--After notice and opportunity for
        public comment under paragraph (2), the Secretary shall issue an
        order, taking into consideration the comments received and
        including in the order such provisions as are necessary to
        ensure that the order conforms to this subtitle. The order shall
        be issued and become effective not later than 150 days after the
        date of publication of the proposed order.

    (c) Amendments.--The Secretary, as appropriate, may amend an order.
The provisions of this subtitle applicable to an order shall be
applicable to any amendment to an order, except that an amendment to an
order may not require a referendum to become effective.

SEC. 575. <<NOTE: 7 USC 7484.>>  REQUIRED TERMS IN ORDERS.

    (a) In General.--An order shall contain the terms and conditions
specified in this section.
    (b) Establishment and Membership of Popcorn Board.--
            (1) In general.--The order shall provide for the
        establishment of, and appointment of members to, a Popcorn Board
        that shall consist of not fewer than 4 members and not more than
        9 members.
            (2) Nominations.--The members of the Board shall be
        processors appointed by the Secretary from nominations submitted
        by processors in a manner authorized by the Secretary, subject
        to paragraph (3). Not more than 1 member may be appointed to the
        Board from nominations submitted by any 1 processor.
            (3) Geographical diversity.--In making appointments, the
        Secretary shall take into account, to the extent practicable,
        the geographical distribution of popcorn production throughout
        the United States.
            (4) Terms.--The term of appointment of each member of the
        Board shall be 3 years, except that the members appointed to the
        initial Board shall serve, proportionately, for terms of 2, 3,
        and 4 years, as determined by the Secretary.
            (5) Compensation and expenses.--A member of the Board shall
        serve without compensation, but shall be reimbursed for the
        expenses of the member incurred in the performance of duties for
        the Board.

    (c) Powers and Duties of Board.--The order shall define the powers
and duties of the Board, which shall include the power and duty--
            (1) to administer the order in accordance with the terms and
        provisions of the order;
            (2) to issue regulations to effectuate the terms and
        provisions of the order;
            (3) to appoint members of the Board to serve on an executive
        committee;
            (4) to propose, receive, evaluate, and approve budgets,
        plans, and projects of promotion, research, consumer
        information, and industry information, and to contract with
        appropriate persons to implement the plans or projects;
            (5) to accept and receive voluntary contributions, gifts,
        and market promotion or similar funds;
            (6) to invest, pending disbursement under a plan or project,
        funds collected through assessments authorized under subsection
        (f), only in--
                    (A) obligations of the United States or an agency of
                the United States;
                    (B) general obligations of a State or a political
                subdivision of a State;
                    (C) an interest-bearing account or certificate of
                deposit of a bank that is a member of the Federal
                Reserve System; or
                    (D) obligations fully guaranteed as to principal and
                interest by the United States;
            (7) to receive, investigate, and report to the Secretary
        complaints of violations of the order; and
            (8) to recommend to the Secretary amendments to the order.

    (d) Plans and Budgets.--
            (1) In general.--The order shall provide that the Board
        shall submit to the Secretary for approval any plan or project
        of promotion, research, consumer information, or industry
        information.
            (2) Budgets.--The order shall require the Board to submit to
        the Secretary for approval budgets on a fiscal year basis of the
        anticipated expenses and disbursements of the Board in the
        implementation of the order, including projected costs of plans
        and projects of promotion, research, consumer information, and
        industry information.

    (e) Contracts and Agreements.--
            (1) In general.--The order shall provide that the Board may
        enter into contracts or agreements for the implementation and
        carrying out of plans or projects of promotion, research,
        consumer information, or industry information, including
        contracts with a processor organization, and for the payment of
        the cost of the plans or projects with funds collected by the
        Board under the order.
            (2) Requirements.--A contract or agreement under paragraph
        (1) shall provide that--
                    (A) the contracting party shall develop and submit
                to the Board a plan or project, together with a budget
                that shows the estimated costs to be incurred for the
                plan or project;
                    (B) <<NOTE: Effective date.>>  the plan or project
                shall become effective on the approval of the Secretary;
                and
                    (C) <<NOTE: Records. Reports.>>  the contracting
                party shall keep accurate records of each transaction of
                the party, account for funds received and expended, make
                periodic reports to the Board of activities conducted,
                and make such other reports as the Board or the
                Secretary may require.
            (3) Processor organizations.--The order shall provide that
        the Board may contract with processor organizations for any
        services required in addition to the services described in
        paragraph (1). The contract shall include provisions comparable
        to the provisions required by paragraph (2).

    (f) Assessments.--
            (1) Processors.--The order shall provide that each processor
        marketing popcorn in the United States or for export shall, in
        the manner prescribed in the order, pay assessments and remit
        the assessments to the Board.
            (2) Direct marketers.--A processor that markets popcorn
        produced by the processor directly to consumers shall pay and
        remit the assessments on the popcorn directly to the Board in
        the manner prescribed in the order.
            (3) Rate.--
                    (A) In general.--The rate of assessment prescribed
                in the order shall be a rate established by the Board
                but not more than $.08 per hundredweight of popcorn.
                    (B) Adjustment of rate.--The order shall provide
                that the Board, with the approval of the Secretary, may
                raise or lower the rate of assessment annually up to a
                maximum of $.08 per hundredweight of popcorn.
            (4) Use of assessments.--
                    (A) In general.--Subject to subparagraphs (B) and
                (C) and subsection (c)(5), the order shall provide that
                the assessments collected shall be used by the Board--
                          (i) to pay expenses incurred in implementing
                      and administering the order, with provision for a
                      reasonable reserve; and
                          (ii) to cover such administrative costs as are
                      incurred by the Secretary, except that the
                      administrative costs incurred by the Secretary
                      (other than any legal expenses incurred to defend
                      and enforce the order) that may be reimbursed by
                      the Board may not exceed 15 percent of the
                      projected annual revenues of the Board.
                    (B) Expenditures based on source of assessments.--In
                implementing plans and projects of promotion, research,
                consumer information, and industry information, the
                Board shall expend funds on--
                          (i) plans and projects for popcorn marketed in
                      the United States or Canada in proportion to the
                      amount of assessments collected on domestically
                      marketed popcorn; and
                          (ii) plans and projects for exported popcorn
                      in proportion to the amount of assessments
                      collected on exported popcorn.
                    (C) Notification.--If the administrative costs
                incurred by the Secretary that are reimbursed by the
                Board exceed 10 percent of the projected annual revenues
                of the Board, the Secretary shall notify as soon as
                practicable the Committee on Agriculture of the House of
                Representatives and the Committee on Agriculture,
                Nutrition, and Forestry of the Senate.

    (g) Prohibition on Use of Funds.--The order shall prohibit any funds
collected by the Board under the order from being used to influence
government action or policy, other than the use of funds by the Board
for the development and recommendation to the Secretary of amendments to
the order.
    (h) Books and Records of the Board.--The order shall require the
Board to--
            (1) maintain such books and records (which shall be
        available to the Secretary for inspection and audit) as the
        Secretary may prescribe;
            (2) <<NOTE: Reports.>>  prepare and submit to the Secretary,
        from time to time, such reports as the Secretary may prescribe;
        and
            (3) account for the receipt and disbursement of all funds
        entrusted to the Board.

    (i) Books and Records of Processors.--
            (1) Maintenance and reporting of information.--The order
        shall require that each processor of popcorn for the market
        shall--
                    (A) maintain, and make available for inspection,
                such books and records as are required by the order; and
                    (B) <<NOTE: Reports.>>  file reports at such time,
                in such manner, and having such content as is prescribed
                in the order.
            (2) Use of information.--The Secretary shall authorize the
        use of information regarding processors that may be accumulated
        under a law or regulation other than this subtitle or a
        regulation issued under this subtitle. The information shall be
        made available to the Secretary as appropriate for the
        administration or enforcement of this subtitle, the order, or
        any regulation issued under this subtitle.
            (3) Confidentiality.--
                    (A) In general.--Subject to subparagraphs (B), (C),
                and (D), all information obtained by the Secretary under
                paragraphs (1) and (2) shall be kept confidential by all
                officers, employees, and agents of the Board and the
                Department.
                    (B) Disclosure by secretary.--Information referred
                to in subparagraph (A) may be disclosed if--
                          (i) the Secretary considers the information
                      relevant;
                          (ii) the information is revealed in a suit or
                      administrative hearing brought at the request of
                      the Secretary, or to which the Secretary or any
                      officer of the United States is a party; and
                          (iii) the information relates to the order.
                    (C) Disclosure to other agency of federal
                government.--
                          (i) In general.--No information obtained under
                      the authority of this subtitle may be made
                      available to another agency or officer of the
                      Federal Government for any purpose other than the
                      implementation of this subtitle and any
                      investigatory or enforcement activity necessary
                      for the implementation of this subtitle.
                          (ii) Penalty.--A person who knowingly violates
                      this subparagraph shall, on conviction, be subject
                      to a fine of not more than $1,000 or to
                      imprisonment for not more than 1 year, or both,
                      and if an officer, employee, or agent of the Board
                      or the Department, shall be removed from office or
                      terminated from employment, as applicable.
                    (D) General statements.--Nothing in this paragraph
                prohibits--
                          (i) the issuance of general statements based
                      on the reports of a number of persons subject to
                      an order or statistical data collected from the
                      reports, if the statements do not identify the
                      information provided by any person; or
                          (ii) the publication, by direction of the
                      Secretary, of the name of a person violating the
                      order, together with a statement of the particular
                      provisions of the order violated by the person.

    (j) Other Terms and Conditions.--The order shall contain such other
terms and conditions, consistent with this subtitle, as are necessary to
effectuate this subtitle, including regulations relating to the
assessment of late payment charges.

SEC. 576. <<NOTE: 7 USC 7485.>>  REFERENDA.

    (a) Initial Referendum.--
            (1) In general.--Within the 60-day period immediately
        preceding the effective date of an order, as provided in section
        574(b)(3), the Secretary shall conduct a referendum among
        processors who, during a representative period as determined by
        the Secretary, have been engaged in processing, for the purpose
        of ascertaining whether the order shall go into effect.
            (2) Approval of order.--The order shall become effective, as
        provided in section 574(b), only if the Secretary determines
        that the order has been approved by not less than a majority of
        the processors voting in the referendum and if the majority
        processed more than 50 percent of the popcorn certified as
        having been processed, during the representative period, by the
        processors voting.

    (b) Additional Referenda.--
            (1) In general.--Not earlier than 3 years after the
        effective date of an order approved under subsection (a), on the
        request of the Board or a representative group of processors, as
        described in paragraph (2), the Secretary may conduct additional
        referenda to determine whether processors favor the suspension
        or termination of the order.
            (2) Representative group of processors.--An additional
        referendum on an order shall be conducted if the referendum is
        requested by 30 percent or more of the number of processors who,
        during a representative period as determined by the Secretary,
        have been engaged in processing.
            (3) <<NOTE: Termination date.>>  Disapproval of order.--If
        the Secretary determines, in a referendum conducted under
        paragraph (1), that suspension or termination of the order is
        favored by at least \2/3\ of the processors voting in the
        referendum, the Secretary shall--
                    (A) suspend or terminate, as appropriate, collection
                of assessments under the order not later than 180 days
                after the date of determination; and
                    (B) suspend or terminate the order, as appropriate,
                in an orderly manner as soon as practicable after the
                date of determination.

    (c) Costs of Referendum.--The Secretary shall be reimbursed from
assessments collected by the Board for any expenses incurred by the
Secretary in connection with the conduct of any referendum under this
section.
    (d) Method of Conducting Referendum.--Subject to this section, a
referendum conducted under this section shall be conducted in such
manner as is determined by the Secretary.
    (e) Confidentiality of Ballots and Other Information.--
            (1) In general.--The ballots and other information or
        reports that reveal or tend to reveal the vote of any processor,
        or any business operation of a processor, shall be considered to
        be strictly confidential and shall not be disclosed.
            (2) Penalty for violations.--An officer or employee of the
        Department who knowingly violates paragraph (1) shall be subject
        to the penalties described in section 575(i)(3)(C)(ii).

SEC. 577. <<NOTE: 7 USC 7486.>>  PETITION AND REVIEW.

    (a) Petition.--
            (1) In general.--A person subject to an order may file with
        the Secretary a petition--
                    (A) stating that the order, a provision of the
                order, or an obligation imposed in connection with the
                order is not established in accordance with law; and
                    (B) requesting a modification of the order or
                obligation or an exemption from the order or obligation.
            (2) Statute of limitations.--A petition under paragraph (1)
        concerning an obligation may be filed not later than 2 years
        after the date of imposition of the obligation.
            (3) Hearings.--The petitioner shall be given the opportunity
        for a hearing on a petition filed under paragraph (1), in
        accordance with regulations issued by the Secretary.
            (4) Ruling.--After a hearing under paragraph (3), the
        Secretary shall issue a ruling on the petition that is the
        subject of the hearing, which shall be final if the ruling is in
        accordance with applicable law.

    (b) <<NOTE: Courts.>>  Review.--
            (1) Commencement of action.--The district court of the
        United States for any district in which a person who is a
        petitioner under subsection (a) resides or carries on business
        shall have jurisdiction to review a ruling on the petition, if
        the person files a complaint not later than 20 days after the
        date of issuance of the ruling under subsection (a)(4).
            (2) Process.--Service of process in a proceeding under
        paragraph (1) may be made on the Secretary by delivering a copy
        of the complaint to the Secretary.
            (3) Remands.--If the court determines, under paragraph (1),
        that a ruling issued under subsection (a)(4) is not in
        accordance with applicable law, the court shall remand the
        matter to the Secretary with directions--
                    (A) to make such ruling as the court shall determine
                to be in accordance with law; or
                    (B) to take such further proceedings as, in the
                opinion of the court, the law requires.

    (c) Enforcement.--The pendency of proceedings instituted under
subsection (a) may not impede, hinder, or delay the Secretary or the
Attorney General from taking action under section 578.

SEC. 578. <<NOTE: 7 USC 7487.>>  ENFORCEMENT.

    (a) In General.--The Secretary may issue an enforcement order to
restrain or prevent any person from violating an order or regulation
issued under this subtitle and may assess a civil penalty of not more
than $1,000 for each violation of the enforcement order, after an
opportunity for an administrative hearing, if the Secretary determines
that the administration and enforcement of the order and this subtitle
would be adequately served by such a procedure.
    (b) <<NOTE: Courts.>>  Jurisdiction.--The district courts of the
United States are vested with jurisdiction specifically to enforce, and
to prevent and restrain any person from violating, an order or
regulation issued under this subtitle.

    (c) Referral to Attorney General.--A civil action authorized to be
brought under this section shall be referred to the Attorney General for
appropriate action.

SEC. 579. <<NOTE: 7 USC 7488.>>  INVESTIGATIONS AND POWER TO SUBPOENA.

    (a) Investigations.--The Secretary may make such investigations as
the Secretary considers necessary--
            (1) for the effective administration of this subtitle; and
            (2) to determine whether any person subject to this subtitle
        has engaged, or is about to engage, in an act that constitutes
        or will constitute a violation of this subtitle or of an order
        or regulation issued under this subtitle.

    (b) Oaths, Affirmations, and Subpoenas.--For the purpose of an
investigation under subsection (a), the Secretary may administer oaths
and affirmations, subpoena witnesses, compel the attendance of
witnesses, take evidence, and require the production of any records that
are relevant to the inquiry. The attendance of witnesses and the
production of records may be required from any place in the United
States.
    (c) Aid of Courts.--
            (1) Request.--In the case of contumacy by, or refusal to
        obey a subpoena issued to, any person, the Secretary may request
        the aid of any court of the United States within the
        jurisdiction of which the investigation or proceeding is carried
        on, or where the person resides or carries on business, in
        requiring the attendance and testimony of the person and the
        production of records.
            (2) Enforcement order of the court.--The court may issue an
        enforcement order requiring the person to appear before the
        Secretary to produce records or to give testimony concerning the
        matter under investigation.
            (3) Contempt.--A failure to obey an enforcement order of the
        court under paragraph (2) may be punished by the court as a
        contempt of the court.
            (4) Process.--Process in a case under this subsection may be
        served in the judicial district in which the person resides or
        carries on business or wherever the person may be found.

SEC. 580. <<NOTE: 7 USC 7489.>>  RELATION TO OTHER PROGRAMS.

    Nothing in this subtitle preempts or supersedes any other program
relating to popcorn promotion organized and operated under the laws of
the United States or any State.

SEC. 581. <<NOTE: 7 USC 7490.>>  REGULATIONS.

    The Secretary may issue such regulations as are necessary to carry
out this subtitle.

SEC. 582. <<NOTE: 7 USC 7491.>>  AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this subtitle. Amounts made available under
this section or otherwise made available to the Department, and amounts
made available under any other marketing or promotion order, may not be
used to pay any administrative expense of the Board.

                        Subtitle F--Miscellaneous

SEC. 591. MAINTENANCE OF RECORDS FOR HONEY PROMOTION PROGRAM.

    Section 9(f) of the Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4608(f)) is amended by inserting
``producers,'' after ``importers,''.