H. R. 2854—168
(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 amend-
ments to the order;
(B) the communication to appropriate government offi-
cials of information relating to the conduct, implementa-
tion, or results of promotion, research, consumer informa-
tion, 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 sub-
division of a foreign government.
(h) BOOKS AND RECORDS.—
(1) IN GENERAL.—The order shall require that each pro-
ducer, 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 sub-
title, 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 subpara-
graph (A) may be disclosed to the public if—
(i) the Secretary considers the information rel-
evant;
(ii) the information is revealed in a suit or adminis-
trative 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
H. R. 2854—169
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
ENFORCE-
MENT.—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 sub-
section, 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 sub-
title 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. 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
H. R. 2854—170
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 mar-
keted 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 mar-
keted.
(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 para-
graph (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 assess-
ments 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 estab-
lished under this subtitle; and
H. R. 2854—171
(C) the producer demands the refund prior to the con-
duct 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 referen-
dum 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. 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 ref-
erendum. 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, Edu-
cation, 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 perti-
nent 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 the producers voting in the
referendum, the Secretary shall terminate collection of assess-
ments 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-