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‘‘(B) AVAILABILITY.—Funds made available
under subparagraph (A) shall be available for
obligation for a period of 2 years from the begin-
ning of the fiscal year for which the funds are
made available.’’.
SEC. 867. COTTON CROP REPORTS.
The Act of May 3, 1924 (43 Stat. 115, chapter 149;
7 U.S.C. 475), is repealed.
SEC. 868. RURAL DEVELOPMENT RESEARCH AND EDU-
CATION.
Section 502 of the Rural Development Act of 1972 (7
U.S.C. 2662) is amended—
(1) in subsection (a), by inserting after the first
sentence the following: ‘‘The rural development exten-
sion programs shall also promote coordinated and in-
tegrated rural community initiatives that advance
and empower capacity building through leadership
development, entrepreneurship, business development
and management training and strategic planning to
increase jobs, income, and quality of life in rural
communities.’’;
(2) by striking subsections (g) and (j); and
(3) by redesignating subsections (h) and (i) as
subsections (g) and (h) respectively.
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SEC. 869. HUMAN NUTRITION RESEARCH.
Section 1452 of the National Agricultural Research,
Extension, and Teaching Policy Act Amendments of 1985
(Public Law 99–198; 7 U.S.C. 3173 note) is repealed.
SEC. 870. DAIRY GOAT RESEARCH PROGRAM.
Section 1432 of the National Agricultural Research,
Extension, and Teaching Policy Act Amendments of 1981
(Public Law 97–98; 7 U.S.C. 3222 note) is amended—
(1) in subsection (a), by striking ‘‘(a)’’; and
(2) by striking subsection (b).
SEC. 871. GRANTS TO UPGRADE 1890 LAND-GRANT COLLEGE
EXTENSION FACILITIES.
(a) IN GENERAL.—Section 1416 of the Food Security
Act of 1985 (7 U.S.C. 3224) is repealed.
(b) TECHNICAL AMENDMENT.—The table of contents of
the Food Security Act of 1985 (Public Law 99–198; 99 Stat.
1354) is amended by striking the item relating to section
1416.
SEC. 872. STUTTGART NATIONAL AQUACULTURE RESEARCH
CENTER.
(a) TRANSFER OF FUNCTIONS TO THE SECRETARY OF
AGRICULTURE.—
(1) TITLE OF PUBLIC LAW 85–342.—The title of
Public Law 85–342 (16 U.S.C. 778 et seq.) is amend-
ed by striking ‘‘Secretary of the Interior’’ and insert-
ing ‘‘Secretary of Agriculture’’.
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(2) AUTHORIZATION.—The first section of Public
Law 85–342 (16 U.S.C. 778) is amended—
(A) by striking ‘‘Secretary of the Interior’’
and all that follows through ‘‘directed to’’ and
inserting ‘‘Secretary of Agriculture shall’’;
(B) by striking ‘‘station and stations’’ and
inserting ‘‘1 or more centers’’; and
(C) in paragraph (5), by striking ‘‘Depart-
ment of Agriculture’’ and inserting ‘‘Secretary of
the Interior’’.
(3) AUTHORITY.—Section 2 of Public Law 85–
342 (16 U.S.C. 778a) is amended by striking ‘‘, the
Secretary’’ and all that follows through ‘‘authorized’’
and inserting ‘‘, the Secretary of Agriculture is au-
thorized’’.
(4) ASSISTANCE.—Section 3 of Public Law 85–
342 (16 U.S.C. 778b) is amended—
(A) by striking ‘‘Secretary of the Interior’’
and inserting ‘‘Secretary of Agriculture’’; and
(B) by striking ‘‘Department of Agri-
culture’’ and inserting ‘‘Secretary of the Inte-
rior’’.
(b) TRANSFER
OF FISH FARMING EXPERIMENTAL
LABORATORY TO DEPARTMENT OF AGRICULTURE.—
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(1) DESIGNATION
OF
STUTTGART
NATIONAL
AQUACULTURE RESEARCH CENTER.—
(A) IN GENERAL.—The Fish Farming Ex-
perimental Laboratory in Stuttgart, Arkansas
(including the facilities in Kelso, Arkansas),
shall be known and designated as the ‘‘Stuttgart
National Aquaculture Research Center’’.
(B) REFERENCES.—Any reference in a law,
map, regulation, document, paper, or other
record of the United States to the laboratory re-
ferred to in subparagraph (A) shall be deemed to
be a reference to the ‘‘Stuttgart National Aqua-
culture Research Center’’.
(2) TRANSFER OF LABORATORY TO THE DEPART-
MENT OF AGRICULTURE.—Subject to section 1531 of
title 31, United States Code, not later than 90 days
after the effective date of this title, there are trans-
ferred to the Department of Agriculture—
(A) the personnel employed in connection
with the laboratory referred to in paragraph (1);
(B) the assets, liabilities, contracts, and real
and personal property of the laboratory;
(C) the records of the laboratory; and
(D) the unexpended balance of appropria-
tions, authorizations, allocations and other funds
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employed, held, arising from, available to, or to
be made available in connection with the labora-
tory.
(3) NONDUPLICATION.—The research center re-
ferred to in paragraph (1)(A) shall be complementary
to, and not duplicative of, facilities of colleges, univer-
sities, and nonprofit institutions, and facilities of the
Agricultural Research Service, within the State and
region, as determined by the Administrator of the
Service.
SEC. 873. NATIONAL AQUACULTURE POLICY, PLANNING,
AND DEVELOPMENT.
(a) DEFINITIONS.—Section 3 of the National Aqua-
culture Act of 1980 (16 U.S.C. 2802) is amended—
(1) in paragraph (1), by striking ‘‘the propaga-
tion’’ and all that follows through the period at the
end and inserting the following: ‘‘the commercially
controlled cultivation of aquatic plants, animals, and
microorganisms, but does not include private for-prof-
it ocean ranching of Pacific salmon in a State in
which the ranching is prohibited by law.’’;
(2) in paragraph (3), by striking ‘‘or aquatic
plant’’ and inserting ‘‘aquatic plant, or microorga-
nism’’;
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(3) by redesignating paragraphs (7) through (9)
as paragraphs (8) through (10), respectively; and
(4) by inserting after paragraph (6) the follow-
ing:
‘‘(7) The term ‘private aquaculture’ means the
commercially controlled cultivation of aquatic plants,
animals, and microorganisms other than cultivation
carried out by the Federal Government, any State or
local government, or an Indian tribe recognized by
the Bureau of Indian Affairs.’’.
(b) NATIONAL AQUACULTURE DEVELOPMENT PLAN.—
Section 4 of the National Aquaculture Act of 1980 (16
U.S.C. 2803) is amended—
(1) in subsection (c)—
(A) in subparagraph (A), by adding ‘‘and’’
at the end;
(B) in subparagraph (B), by striking ‘‘;
and’’ and inserting a period; and
(C) by striking subparagraph (C);
(2) in the second sentence of subsection (d), by
striking ‘‘Secretaries determine that’’ and inserting
‘‘Secretary, in consultation with the Secretary of
Commerce, the Secretary of the Interior, and the
heads of such other agencies as the Secretary deter-
mines are appropriate, determines that’’; and
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(3) in subsection (e), by striking ‘‘Secretaries’’
and inserting ‘‘Secretary, in consultation with the
Secretary of Commerce, the Secretary of the Interior,
and the heads of such other agencies as the Secretary
determines are appropriate,’’.
(c) FUNCTIONS AND POWERS OF SECRETARIES.—Sec-
tion 5(b)(3) of the National Aquaculture Act of 1980 (16
U.S.C. 2804(b)(3)) is amended by striking ‘‘Secretaries
deem’’ and inserting ‘‘Secretary, in consultation with the
Secretary of Commerce, the Secretary of the Interior, and
the heads of such other agencies as the Secretary determines
are appropriate, consider’’.
(d) COORDINATION OF NATIONAL ACTIVITIES REGARD-
ING AQUACULTURE.—The first sentence of section 6(a) of
the National Aquaculture Act of 1980 (16 U.S.C. 2805(a))
is amended by striking ‘‘(f)’’ and inserting ‘‘(e)’’.
(e) NATIONAL POLICY FOR PRIVATE AQUACULTURE.—
The National Aquaculture Act of 1980 (16 U.S.C. 2801 et
seq.) is amended—
(1) by redesignating sections 7, 8, 9, 10, and 11
as sections 8, 9, 10, 11, and 12, respectively; and
(2) by inserting after section 6 (16 U.S.C. 2805)
the following:
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‘‘SEC. 7. NATIONAL POLICY FOR PRIVATE AQUACULTURE.
‘‘(a) IN GENERAL.—In consultation with the Secretary
of Commerce and the Secretary of the Interior, the Sec-
retary shall coordinate and implement a national policy
for private aquaculture in accordance with this section. In
developing the policy, the Secretary may consult with other
agencies and organizations.
‘‘(b) DEPARTMENT OF AGRICULTURE AQUACULTURE
PLAN.—
‘‘(1) IN GENERAL.—The Secretary shall develop
and implement a Department of Agriculture Aqua-
culture Plan (referred to in this section as the ‘De-
partment plan’) for a unified aquaculture program of
the Department of Agriculture (referred to in this sec-
tion as the ‘Department’) to support the development
of private aquaculture.
‘‘(2) ELEMENTS
OF
DEPARTMENT
PLAN.—The
Department plan shall address—
‘‘(A) programs of individual agencies of the
Department related to aquaculture that are con-
sistent with Department programs related to
other areas of agriculture, including livestock,
crops, products, and commodities under the ju-
risdiction of agencies of the Department;
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‘‘(B) the treatment of cultivated aquatic
animals as livestock and cultivated aquatic
plants as agricultural crops; and
‘‘(C) means for effective coordination and
implementation of aquaculture activities and
programs within the Department, including in-
dividual agency commitments of personnel and
resources.
‘‘(c) NATIONAL AQUACULTURE INFORMATION CEN-
TER.—In carrying out section 5, the Secretary may main-
tain and support a National Aquaculture Information Cen-
ter at the National Agricultural Library as a repository
for information on national and international aquaculture.
‘‘(d) TREATMENT OF AQUACULTURE.—The Secretary
shall treat—
‘‘(1) private aquaculture as agriculture; and
‘‘(2) commercially cultivated aquatic animals,
plants, and microorganisms, and products of the ani-
mals, plants, and microorganisms, produced by pri-
vate persons and transported or moved in standard
commodity channels as agricultural livestock, crops,
and commodities.
‘‘(e) PRIVATE AQUACULTURE POLICY COORDINATION,
DEVELOPMENT, AND IMPLEMENTATION.—
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‘‘(1) RESPONSIBILITY.—The Secretary shall have
responsibility for coordinating, developing, and carry-
ing out policies and programs for private aqua-
culture.
‘‘(2) DUTIES.—The Secretary shall—
‘‘(A) coordinate all intradepartmental func-
tions and activities relating to private aqua-
culture; and
‘‘(B) establish procedures for the coordina-
tion of functions, and consultation with, the co-
ordinating group.
‘‘(f) LIAISON WITH DEPARTMENTS OF COMMERCE AND
THE INTERIOR.—The Secretary of Commerce and the Sec-
retary of the Interior shall each designate an officer or em-
ployee of the Department of the Secretary to be the liaison
of the Department to the Secretary of Agriculture.’’.
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 11
of the National Aquaculture Act of 1980 (as redesignated
by subsection (e)(1)) is amended by striking ‘‘the fiscal
years 1991, 1992, and 1993’’ each place it appears and in-
serting ‘‘fiscal years 1991 through 2002’’.
SEC. 874. EXPANSION OF AUTHORITIES RELATED TO THE
NATIONAL ARBORETUM.
(a) SOLICITATION
OF GIFTS, BENEFITS, AND DE-
VISES.—The first sentence of section 5 of the Act of March
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4, 1927 (89 Stat. 683; 20 U.S.C. 195), is amended by insert-
ing ‘‘solicit,’’ after ‘‘authorized to’’.
(b) CONCESSIONS, FEES, AND VOLUNTARY SERV-
ICES.—The Act of March 4, 1927 (44 Stat. 1422, chapter
505; 20 U.S.C. 191 et seq.), is amended by adding at the
end the following:
‘‘SEC. 6. CONCESSIONS, FEES, AND VOLUNTARY SERVICES.
‘‘(a) IN
GENERAL.—Notwithstanding the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) and section 321 of the Act of June 30,
1932 (47 Stat. 412, chapter 314; 40 U.S.C. 303b), the Sec-
retary of Agriculture, in furtherance of the mission of the
National Arboretum, may—
‘‘(1) negotiate agreements granting concessions
at the National Arboretum to nonprofit scientific or
educational organizations the interests of which are
complementary to the mission of the National Arbore-
tum, except that the net proceeds of the organizations
from the concessions shall be used exclusively for re-
search and educational work for the benefit of the Na-
tional Arboretum;
‘‘(2) provide by concession, on such terms as the
Secretary of Agriculture considers appropriate and
necessary, for commercial services for food, drink, and
nursery sales, if an agreement for a permanent con-
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cession under this paragraph is negotiated with a
qualified person submitting a proposal after due con-
sideration of all proposals received after the Secretary
of Agriculture provides reasonable public notice of the
intent of the Secretary to enter into such an agree-
ment;
‘‘(3) dispose of excess property, including excess
plants and fish, in a manner designed to maximize
revenue from any sale of the property, including by
way of public auction, except that this paragraph
shall not apply to the free dissemination of new vari-
eties of seeds and germ plasm in accordance with sec-
tion 520 of the Revised Statutes (commonly known as
the ‘Department of Agriculture Organic Act of 1862’)
(7 U.S.C. 2201);
‘‘(4) charge such fees as the Secretary of Agri-
culture considers reasonable for temporary use by in-
dividuals or groups of National Arboretum facilities
and grounds for any purpose consistent with the mis-
sion of the National Arboretum;
‘‘(5) charge such fees as the Secretary of Agri-
culture considers reasonable for the use of the Na-
tional Arboretum for commercial photography or
cinematography;
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‘‘(6) publish, in print and electronically and
without regard to laws relating to printing by the
Federal Government, informational brochures, books,
and other publications concerning the National Arbo-
retum or the collections of the Arboretum; and
‘‘(7) license use of the National Arboretum name
and logo for public service or commercial uses.
‘‘(b) USE OF FUNDS.—Any funds received or collected
by the Secretary of Agriculture as a result of activities de-
scribed in subsection (a) shall be retained in a special fund
in the Treasury for the use and benefit of the National Arbo-
retum as the Secretary of Agriculture considers appro-
priate.
‘‘(c) ACCEPTANCE
OF VOLUNTARY SERVICES.—The
Secretary of Agriculture may accept the voluntary services
of organizations described in subsection (a)(1), and the vol-
untary services of individuals (including employees of the
National Arboretum), for the benefit of the National Arbore-
tum.’’.
SEC. 875. STUDY OF AGRICULTURAL RESEARCH SERVICE.
(a) STUDY.—The Secretary of Agriculture shall request
the National Academy of Sciences to conduct a study of the
role and mission of the Agricultural Research Service. The
study shall—
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(1) evaluate the strength of science of the Service
and the relevance of the science to national priorities;
(2) examine how the work of the Service relates
to the capacity of the United States agricultural re-
search, education, and extension system overall; and
(3) include recommendations, as appropriate.
(b) REPORT.—Not later than 18 months after the effec-
tive date of this title, the Secretary shall prepare a report
that describes the results of the study conducted under sub-
section (a) and submit the report to the Committee on Agri-
culture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate.
(c) FUNDING.—The Secretary shall use to carry out
this section not more than $500,000 of funds made available
to the Agricultural Research Service for research.
SEC. 876. LABELING OF DOMESTIC AND IMPORTED LAMB
AND MUTTON.
Section 7 of the Federal Meat Inspection Act (21
U.S.C. 607) is amended by adding at the end the following:
‘‘(f) LAMB AND MUTTON.—
‘‘(1) STANDARDS.—The Secretary, consistent
with United States international obligations, shall es-
tablish standards for the labeling of sheep carcasses,
parts of carcasses, meat, and meat food products as
‘lamb’ or ‘mutton’.
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‘‘(2) METHOD.—The standards under paragraph
(1) shall be based on the use of the break or spool
joint method to differentiate lamb from mutton by the
degree of calcification of bone to reflect maturity.’’.
SEC. 877. SENSE OF SENATE.
It is the sense of the Senate that the Department of
Agriculture should continue to make methyl bromide alter-
native research and extension activities a high priority of
the Department: Provided, That it is the sense of the Senate
that the Department of Agriculture, the Environmental
Protection Agency, producer and processor organizations,
environmental organizations, and State agencies continue
their dialogue on the risks and benefits of extending the
2001 phaseout deadline.
TITLE IX—AGRICULTURAL
PROMOTION
Subtitle A—Popcorn
SEC. 901. SHORT TITLE.
This subtitle may be cited as the ‘‘Popcorn Promotion,
Research, and Consumer Information Act’’.
SEC. 902. FINDINGS AND DECLARATION OF POLICY.
(a) FINDINGS.—Congress finds that—
(1) popcorn is an important food that is a valu-
able part of the human diet;
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(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 through-
out 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 proc-
essors 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 in-
dustry information is necessary to maintain and ex-
pand markets for popcorn; and
(6) popcorn moves in interstate and foreign com-
merce, and popcorn that does not move in those chan-
nels of commerce directly burdens or affects interstate
commerce in popcorn.
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(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 ade-
quate assessments on unpopped popcorn processed domesti-
cally), and carrying out an effective, continuous, and co-
ordinated program of promotion, research, consumer infor-
mation, and industry information designed to—
(1) strengthen the position of the popcorn indus-
try 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 indi-
vidual advertising or promotion efforts designed
to promote individual brand name or trade
name popcorn products; and
(C) authorizes and funds programs that re-
sult in government speech promoting government
objectives; and
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(2) establish a nationally coordinated program
for popcorn promotion, research, consumer informa-
tion, 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 pop-
corn for the domestic market; or
(2) provides for the control of production or oth-
erwise limits the right of any individual processor to
produce popcorn.
SEC. 903. DEFINITIONS.
In this subtitle (except as otherwise specifically pro-
vided):
(1) BOARD.—The term ‘‘Board’’ means the Pop-
corn Board established under section 905(b).
(2) COMMERCE.—The term ‘‘commerce’’ means
interstate, foreign, or intrastate commerce.
(3) 
CONSUMER
INFORMATION.—The 
term
‘‘consumer information’’ means information and pro-
grams that will assist consumers and other persons in
making evaluations and decisions regarding the pur-
chase, preparation, and use of popcorn.
(4) DEPARTMENT.—The term ‘‘Department’’
means the Department of Agriculture.
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(5) INDUSTRY INFORMATION.—The term ‘‘indus-
try information’’ means information and programs
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 904.
(8) PERSON.—The term ‘‘person’’ means an in-
dividual, group of individuals, partnership, corpora-
tion, 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 shell-
ing, cleaning, or drying; and
(C) introduced into a channel of commerce.
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(10) PROCESS.—The term ‘‘process’’ means to
shell, clean, dry, and prepare popcorn for the market,
but does not include packaging popcorn for the mar-
ket without also engaging in another activity de-
scribed 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 owner-
ship 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, qual-
ity, 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.
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SEC. 904. ISSUANCE OF ORDERS.
(a) IN GENERAL.—To effectuate the policy described
in section 902(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 is-
suance of, and submit a proposal for, an order.
(2) NOTICE
AND
COMMENT
CONCERNING
PRO-
POSED ORDER.—Not later than 60 days after the re-
ceipt of a request and proposal for an order under
paragraph (1), or at such time as the Secretary deter-
mines 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 op-
portunity for public comment under paragraph (2),
the Secretary shall issue an order, taking into consid-
eration 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
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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 appli-
cable 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. 905. 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 au-
thorized by the Secretary, subject to paragraph (3).
Not more than 1 member may be appointed to the
Board from nominations submitted by any 1 proc-
essor.
(3) GEOGRAPHICAL DIVERSITY.—In making ap-
pointments, the Secretary shall take into account, to
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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 de-
termined 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 in-
curred 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 in-
clude the power and duty—
(1) to administer the order in accordance with
the terms and provisions of the order;
(2) to make 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 imple-
ment the plans or projects;
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(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 author-
ized 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 polit-
ical subdivision of a State;
(C) an interest-bearing account or certifi-
cate of deposit of a bank that is a member of the
Federal Reserve System; or
(D) obligations fully guaranteed as to prin-
cipal and interest by the United States;
(7) to receive, investigate, and report to the Sec-
retary 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
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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 informa-
tion, 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 informa-
tion, 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) the plan or project shall become effective
on the approval of the Secretary; and
(C) the contracting party shall keep accu-
rate records of each transaction of the party, ac-
count for funds received and expended, make
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periodic reports to the Board of activities con-
ducted, 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 proc-
essor organizations for any other services. The con-
tract shall include provisions comparable to the provi-
sions 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 assess-
ments to the Board.
(2) DIRECT MARKETERS.—A processor that mar-
kets popcorn produced by the processor directly to
consumers shall pay and remit the assessments on the
popcorn directly to the Board in the manner pre-
scribed 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 hun-
dredweight of popcorn.
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(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 subpara-
graphs (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 imple-
menting 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 an-
nual revenues of the Board.
(B) EXPENDITURES BASED ON SOURCE OF
ASSESSMENTS.—In implementing plans and
projects of promotion, research, consumer infor-
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mation, 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 as-
sessments collected on exported popcorn.
(C) NOTIFICATION.—If the administrative
costs incurred by the Secretary that are reim-
bursed by the Board exceed 10 percent of the pro-
jected annual revenues of the Board, the Sec-
retary shall notify as soon as practicable the
Committee on Agriculture of the House of Rep-
resentatives 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.
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(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) prepare and submit to the Secretary, from
time to time, such reports as the Secretary may pre-
scribe; 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 INFORMA-
TION.—The order shall require that each processor of
popcorn for the market shall—
(A) maintain, and make available for in-
spection, such books and records as are required
by the order; and
(B) file reports at such time, in such man-
ner, 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
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to the Secretary as appropriate for the administra-
tion or enforcement of this subtitle, the order, or any
regulation issued under this subtitle.
(3) CONFIDENTIALITY.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B), (C), and (D), all information ob-
tained by the Secretary under paragraphs (1)
and (2) shall be kept confidential by all officers,
employees, and agents of the Board and the De-
partment.
(B) DISCLOSURE BY SECRETARY.—Informa-
tion referred to in subparagraph (A) may be dis-
closed if—
(i) the Secretary considers the informa-
tion 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.—
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(i) IN GENERAL.—No information ob-
tained 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 en-
forcement activity necessary for the imple-
mentation of this subtitle.
(ii) PENALTY.—A person who know-
ingly 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 De-
partment, 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 the number of per-
sons subject to the order or statistical data
collected from the reports, if the statements
do not identify the information provided by
any person; or
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(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 terms and conditions, consistent with this sub-
title, as are necessary to effectuate this subtitle, including
regulations relating to the assessment of late payment
charges.
SEC. 906. REFERENDA.
(a) INITIAL REFERENDUM.—
(1) IN GENERAL.—Within the 60-day period im-
mediately preceding the effective date of an order, as
provided in section 904(b)(3), the Secretary shall con-
duct 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 be-
come effective, as provided in section 904(b), only if
the Secretary determines that the order has been ap-
proved by not less than a majority of the processors
voting in the referendum and if the majority proc-
essed more than 50 percent of the popcorn certified as
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having been processed, during the representative pe-
riod, by the processors voting.
(b) ADDITIONAL REFERENDA.—
(1) IN GENERAL.—Not earlier than 3 years after
the effective date of an order approved under sub-
section (a), on the request of the Board or a represent-
ative group of processors, as described in paragraph
(2), the Secretary may conduct additional referenda
to determine whether processors favor the termination
or suspension of the order.
(2) REPRESENTATIVE GROUP OF PROCESSORS.—
An additional referendum on an order shall be con-
ducted if the referendum is requested by 30 percent or
more of the number of processors who, during a rep-
resentative period as determined by the Secretary,
have been engaged in processing.
(3) 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 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 determina-
tion; and
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(B) suspend or terminate the order, as ap-
propriate, 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 INFOR-
MATION.—
(1) IN GENERAL.—The ballots and other infor-
mation 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 confiden-
tial 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 de-
scribed in section 905(i)(3)(C)(ii).
SEC. 907. PETITION AND REVIEW.
(a) PETITION.—
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(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) 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) re-
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sides 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 is-
suance of the ruling under subsection (a)(4).
(2) PROCESS.—Service of process in a proceed-
ing under paragraph (1) may be made on the Sec-
retary 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 in-
stituted under subsection (a) may not impede, hinder, or
delay the Secretary or the Attorney General from taking
action under section 908.
SEC. 908. ENFORCEMENT.
(a) IN GENERAL.—The Secretary may issue an en-
forcement order to restrain or prevent any person from vio-
lating an order or regulation issued under this subtitle and
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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) 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 ac-
tion authorized to be brought under this section shall be
referred to the Attorney General for appropriate action.
SEC. 909. 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 sub-
title; 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 Sec-
retary may administer oaths and affirmations, subpoena
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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 produc-
tion of records may be required from any place in the Unit-
ed 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 in-
vestigation 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 pro-
duction 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 enforce-
ment 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 sub-
section may be served in the judicial district in which
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the person resides or conducts business or wherever
the person may be found.
SEC. 910. 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. 911. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this subtitle.
SEC. 912. 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 B—Canola and Rapeseed
SEC. 921. SHORT TITLE.
This subtitle may be cited as the ‘‘Canola and
Rapeseed Research, Promotion, and Consumer Information
Act’’.
SEC. 922. FINDINGS AND DECLARATION OF POLICY.
(a) FINDINGS.—Congress finds that—
(1) canola and rapeseed products are an impor-
tant and nutritious part of the human diet;
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(2) the production of canola and rapeseed prod-
ucts plays a significant role in the economy of the
United States in that canola and rapeseed products
are produced by thousands of canola and rapeseed
producers, processed by numerous processing entities,
and 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 ef-
ficiently to ensure that consumers have an adequate
supply of canola and rapeseed products at a reason-
able 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 market-
ing canola, rapeseed, and canola and rapeseed prod-
ucts, as well as to the general economy of the United
States, and are necessary to ensure the ready avail-
ability and efficient marketing of canola, rapeseed,
and canola and rapeseed products;
(5) there exist established State and national or-
ganizations conducting canola and rapeseed research,
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and canola and rapeseed products, and to develop new mar-
kets 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. 923. DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) BOARD.—The term ‘‘Board’’ means the Na-
tional Canola and Rapeseed Board established under
section 925(b).
(2) CANOLA; RAPESEED.—The terms ‘‘canola’’
and ‘‘rapeseed’’ means 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
PRODUCTS.—The
term ‘‘canola or rapeseed products’’ means products
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
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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 evalua-
tions and decisions regarding the purchase, prepara-
tion, 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 pur-
chaser’’ means—
(A) except as provided in subparagraph
(B), a person buying or otherwise acquiring
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 pro-
gram administered by the Commodity Credit
Corporation.
(9) INDUSTRY INFORMATION.—The term ‘‘indus-
try information’’ means information or programs
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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 en-
hance 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 com-
merce.
(12) ORDER.—The term ‘‘order’’ means an order
issued under section 924.
(13) PERSON.—The term ‘‘person’’ means an in-
dividual, partnership, corporation, association, coop-
erative, 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.
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(15) PROMOTION.—The term ‘‘promotion’’ means
an action, including paid advertising, technical as-
sistance, or 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 others information relating to the positive at-
tributes of canola, rapeseed, or canola or rapeseed
products or the benefits of use or distribution of
canola, rapeseed, or canola or rapeseed products.
(16) QUALIFIED STATE CANOLA AND RAPESEED
BOARD.—The term ‘‘qualified State canola and
rapeseed board’’ means a State canola and rapeseed
promotion entity that is authorized and functioning
under State law.
(17) RESEARCH.—The term ‘‘research’’ means
any type of test, study, or analysis to advance the
image, desirability, marketability, production, prod-
uct development, quality, or functional or nutritional
value of canola, rapeseed, or canola or rapeseed prod-
ucts, including research activity designed to identify
and analyze barriers to export sales of canola or
rapeseed produced in the United States.
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(18) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(19) STATE.—The term ‘‘State’’ means any of
the 50 States, the District of Columbia and the Com-
monwealth of Puerto Rico.
(20) 
UNITED
STATES.—The 
term 
‘‘United
States’’ means collectively the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico.
SEC. 924. ISSUANCE AND AMENDMENT OF ORDERS.
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary shall issue 1 or more orders under this subtitle appli-
cable 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) NOTICE
AND
COMMENT
CONCERNING
PRO-
POSED ORDER.—Not later than 60 days after the re-
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ceipt of a request and proposal for an order pursuant
to paragraph (1), or whenever the Secretary deter-
mines 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 op-
portunity 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. The order shall be issued and become
effective not later than 180 days following publication
of the proposed order.
(c) AMENDMENTS.—The Secretary, from time to time,
may amend an order issued under this section.
SEC. 925. REQUIRED TERMS IN ORDERS.
(a) IN GENERAL.—An order issued under this subtitle
shall contain the terms and conditions specified in this sec-
tion.
(b) ESTABLISHMENT AND MEMBERSHIP OF THE NA-
TIONAL CANOLA AND RAPESEED BOARD.—
(1) IN GENERAL.—The order shall provide for
the establishment of, and appointment of members to,
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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 pro-
vide maximum benefit to the canola and rapeseed in-
dustry in all parts of the United States and only pro-
mote canola, rapeseed, or canola or rapeseed products.
(3) BOARD MEMBERSHIP.—The Board shall con-
sist of 15 members, including—
(A) 11 members who are producers, includ-
ing—
(i) 1 member from each of 6 geographic
regions comprised of States where canola or
rapeseed is produced, as determined by the
Secretary; and
(ii) 5 members from the geographic re-
gions referred to in clause (i), allocated ac-
cording to the production in each region;
and
(B) 4 members who are industry members,
including at least—
(i) 1 member who represents manufac-
turers of canola or rapeseed end products;
and
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(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 State.
(5) MODIFYING
BOARD
MEMBERSHIP.—In ac-
cordance 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, rec-
ommend 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.—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 deter-