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shall include provisions comparable to those 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) prepare and submit to the Secretary,
from time to time, such reports as the Secretary
may prescribe; and
(C) account for the receipt and disburse-
ment of all funds entrusted to the Board.
(2) AUDITS.—The Board shall cause the books
and records of the Board to be audited by an inde-
pendent 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;
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(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 dispar-
age 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 gov-
ernment officials of information relating to the
conduct, implementation, or results of pro-
motion, research, consumer information, or in-
dustry information activities under the order; or
(C) any action designed to market canola or
rapeseed products directly to a foreign govern-
ment or political subdivision of a foreign govern-
ment.
(h) BOOKS AND RECORDS.—
(1) IN GENERAL.—The order shall require that
each producer, first purchaser, or industry member
shall—
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(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 nec-
essary to carry out this subtitle, including such
records as are necessary to verify any required
reports.
(2) CONFIDENTIALITY.—
(A) IN GENERAL.—Except as otherwise pro-
vided 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 informa-
tion relevant;
(ii) the information is revealed in a
suit or administrative hearing brought at
the direction or on the request of the Sec-
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retary or to which the Secretary or any offi-
cer 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 subpara-
graph (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 the number of per-
sons subject to the 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.—
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(A) EXCEPTION.—Except as provided in
this subtitle, information obtained under this
subtitle may be made available to another agen-
cy 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 agen-
cy has made a written request to the Secretary
specifying the particular information desired
and the law enforcement activity for which the
information is sought.
(B) PENALTY.—Any person knowingly vio-
lating 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 ter-
minated from employment, as applicable.
(5) WITHHOLDING
INFORMATION.—Nothing in
this subtitle authorizes withholding information from
Congress.
(i) USE OF ASSESSMENTS.—The order shall provide
that the assessments collected under section 926 shall be
used for payment of the expenses in implementing and ad-
ministering this subtitle, with provision for a reasonable
reserve, and to cover those administrative costs incurred by
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the Secretary in implementing and administering this sub-
title.
(j) OTHER TERMS AND CONDITIONS.—The order also
shall contain such terms and conditions, not inconsistent
with this subtitle, as determined necessary by the Secretary
to effectuate this subtitle.
SEC. 926. ASSESSMENTS.
(a) IN GENERAL.—
(1) FIRST
PURCHASERS.—During the effective
period of an order issued pursuant to this subtitle, as-
sessments shall be—
(A) levied on all canola or rapeseed pro-
duced 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 pro-
vide 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 qualified State canola
and rapeseed board, in the manner prescribed by the
order, an assessment established at a rate equivalent
to the rate provided for under subsection (d).
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(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 pur-
chaser).
(c) REMITTING ASSESSMENTS.—
(1) IN
GENERAL.—Assessments required under
subsection (a) shall be remitted to the Board by a
first purchaser. The Board shall use qualified State
canola and rapeseed boards to collect the assessments.
If an appropriate qualified State canola and rapeseed
board does not exist to collect an assessment, the as-
sessment shall be collected by the Board. There shall
be only 1 qualified State canola or rapeseed Board 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 in-
creased 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—
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(A) after the initial referendum is held
under section 927(a), the Board recommends an
increase above 10 cents per hundredweight; and
(B) the increase is approved in a referen-
dum under section 927(b).
(3) CREDIT.—A producer who demonstrates to
the Board that the producer is participating in a pro-
gram of an established qualified State canola and
rapeseed board 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 AC-
COUNT.—
(1) ESTABLISHMENT
OF
ESCROW
ACCOUNT.—
During the period beginning on the date on which an
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order is first issued under section 924(b)(3) and end-
ing on the date on which a referendum is conducted
under section 927(a), the Board shall—
(A) establish an escrow account to be used
for assessment refunds; and
(B) place funds in such account in accord-
ance with paragraph (2).
(2) PLACEMENT OF FUNDS IN ACCOUNT.—The
Board shall place in such account, from assessments
collected during the period referred to in paragraph
(1), an amount equal to the product obtained by mul-
tiplying the total amount of assessments collected dur-
ing 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 as-
sessment;
(B) the producer does not support the pro-
gram established under this subtitle; and
(C) the producer demands the refund prior
to the conduct of the referendum under section
927(a).
(4) FORM OF DEMAND.—The demand shall be
made in accordance with such regulations, in such
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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 re-
quired by paragraph (1) is not sufficient to re-
fund the total amount of assessments demanded
by eligible producers; and
(B) the order is not approved pursuant to
the referendum conducted under section 927(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 ap-
proved pursuant to the referendum conducted under
section 927(a), all funds in the escrow account shall
be returned to the Board for use by the Board in ac-
cordance with this subtitle.
SEC. 927. REFERENDA.
(a) INITIAL REFERENDUM.—
(1) REQUIREMENT.—During the period ending
30 months after the date of the first issuance of an
order under section 924, the Secretary shall conduct
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a referendum among producers who, during a rep-
resentative 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 pro-
vided, 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 include information on when the referen-
dum will be held, registration and voting require-
ments, rules regarding absentee voting, and other per-
tinent 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) DISAPPROVAL OF ORDER.—If continuation of
the order is not approved by a majority of those vot-
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ing in the referendum, the Secretary shall terminate
collection of assessments under the order within 6
months 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 ref-
erendum on an order, the Secretary shall conduct
additional referenda, as described in subpara-
graph (C), if requested by a representative group
of producers, as described in subparagraph (B).
(B) REPRESENTATIVE GROUP OF PRODUC-
ERS.—An additional referendum on an order
shall be conducted if requested by 10 percent or
more of the producers who during a representa-
tive period have been engaged in the production
of canola or rapeseed.
(C) ELIGIBLE
PRODUCERS.—Each addi-
tional referendum shall be conducted among all
producers who, during a representative period,
as determined by the Secretary, have been en-
gaged in the production of canola or rapeseed to
determine whether the producers favor the termi-
nation or suspension of the order.
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(2) DISAPPROVAL OF ORDER.—If the Secretary
determines, in a referendum conducted under para-
graph (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 termi-
nate, as appropriate, collection of assessments under
the order within 6 months after the determination,
and shall suspend or terminate the order, as appro-
priate, 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 addi-
tional referendum.
(B) METHOD OF MAKING REQUEST.—
(i) IN-PERSON
REQUESTS.—To carry
out subparagraph (A), the Secretary shall
establish a procedure under which a pro-
ducer may request a reconfirmation referen-
dum in-person at a county Cooperative
State Research, Education, and Extension
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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 Sec-
retary may make mail-in request forms
available to producers.
(C) NOTIFICATIONS.—The Secretary shall
publish a notice in the Federal Register, and the
Board shall provide written notification to pro-
ducers, not later than 60 days prior to the end
of the period established under subparagraph
(B)(i) for an in-person request, of the oppor-
tunity of producers to request an additional ref-
erendum. The notification shall explain the right
of producers to an additional referendum, the
procedure for a referendum, the purpose of a ref-
erendum, and the date and method by which
producers may act to request an additional ref-
erendum under this paragraph. The Secretary
shall take such other action as the Secretary de-
termines is necessary to ensure that producers
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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 produc-
ers 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 referen-
dum requested under the procedures provided in
this paragraph shall be conducted not later than
1 year after the Secretary determines that a rep-
resentative group of producers, as described in
paragraph (1)(B), have requested the conduct of
the referendum.
(c) PROCEDURES.—
(1) REIMBURSEMENT OF SECRETARY.—The Sec-
retary shall be reimbursed from assessments collected
by the Board for any expenses incurred by the Sec-
retary 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
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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 Sec-
retary.
SEC. 928. 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
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paragraph (1), in accordance with regulations issued
by the Secretary.
(3) RULING.—After a hearing under paragraph
(2), the Secretary shall make 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 connected with an order, shall
be filed not later than 2 years after the effective date
of the order or obligation.
(b) REVIEW.—
(1) COMMENCEMENT
OF
ACTION.—The district
court of the United States in any district in which
the person who is a petitioner under subsection (a) re-
sides 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 sub-
section (a)(3).
(2) PROCESS.—Service of process in a proceed-
ing under paragraph (1) shall be conducted in ac-
cordance with the Federal Rules of Civil Procedure.
(3) REMANDS.—If the court determines, under
paragraph (1), that a ruling issued under subsection
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(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 proceed-
ings instituted under subsection (a) shall not impede,
hinder, or delay the Attorney General or the Sec-
retary from taking any action under section 929.
SEC. 929. 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 ac-
tion 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 Sec-
retary believes that the administration and enforcement of
this subtitle would be adequately served by providing a suit-
able written notice or warning to the person who committed
the violation or by administrative action under section 928.