166
(c)(1) The entire amount necessary to carry out this
section shall be available only to the extent an official
budget request for the entire amount, that includes des-
ignation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
(2) The entire amount is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
TITLE IX—TRADE SANCTIONS REFORM AND
EXPORT ENHANCEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Trade Sanctions Re-
form and Export Enhancement Act of 2000’’.
SEC. 902. DEFINITIONS.
In this title:
(1) AGRICULTURAL
COMMODITY.—The term
‘‘agricultural commodity’’ has the meaning given the
term in section 102 of the Agricultural Trade Act of
1978 (7 U.S.C. 5602).
(2) AGRICULTURAL PROGRAM.—The term ‘‘ag-
ricultural program’’ means—
167
(A) any program administered under the
Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1691 et seq.);
(B) any program administered under sec-
tion 416 of the Agricultural Act of 1949 (7
U.S.C. 1431);
(C) any program administered under the
Agricultural Trade Act of 1978 (7 U.S.C. 5601
et seq.);
(D) the dairy export incentive program ad-
ministered under section 153 of the Food Secu-
rity Act of 1985 (15 U.S.C. 713a–14);
(E) any commercial export sale of agricul-
tural commodities; or
(F) any export financing (including credits
or credit guarantees) provided by the United
States Government for agricultural commod-
ities.
(3) JOINT RESOLUTION.—The term ‘‘joint reso-
lution’’ means—
(A) in the case of section 903(a)(1), only
a joint resolution introduced within 10 session
days of Congress after the date on which the
report of the President under section 903(a)(1)
is received by Congress, the matter after the re-
168
solving clause of which is as follows: ‘‘That
Congress approves the report of the President
pursuant to section 903(a)(1) of the Trade
Sanctions Reform and Export Enhancement
Act of 2000, transmitted on lllllll.’’,
with the blank completed with the appropriate
date; and
(B) in the case of section 906(1), only a
joint resolution introduced within 10 session
days of Congress after the date on which the
report of the President under section 906(2) is
received by Congress, the matter after the re-
solving clause of which is as follows: ‘‘That
Congress approves the report of the President
pursuant to section 906(1) of the Trade Sanc-
tions Reform and Export Enhancement Act of
2000, transmitted on lllllll.’’, with
the blank completed with the appropriate date.
(4) MEDICAL DEVICE.—The term ‘‘medical de-
vice’’ has the meaning given the term ‘‘device’’ in
section 201 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 321).
(5) MEDICINE.—The term ‘‘medicine’’ has the
meaning given the term ‘‘drug’’ in section 201 of the
169
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(6) UNILATERAL AGRICULTURAL SANCTION.—
The term ‘‘unilateral agricultural sanction’’ means
any prohibition, restriction, or condition on carrying
out an agricultural program with respect to a for-
eign country or foreign entity that is imposed by the
United States for reasons of foreign policy or na-
tional security, except in a case in which the United
States imposes the measure pursuant to—
(A) a multilateral regime and the other
member countries of that regime have agreed to
impose substantially equivalent measures; or
(B) a mandatory decision of the United
Nations Security Council.
(7) UNILATERAL
MEDICAL
SANCTION.—The
term ‘‘unilateral medical sanction’’ means any prohi-
bition, restriction, or condition on exports of, or the
provision of assistance consisting of, medicine or a
medical device with respect to a foreign country or
foreign entity that is imposed by the United States
for reasons of foreign policy or national security, ex-
cept in a case in which the United States imposes
the measure pursuant to—
170
(A) a multilateral regime and the other
member countries of that regime have agreed to
impose substantially equivalent measures; or
(B) a mandatory decision of the United
Nations Security Council.
SEC. 903. RESTRICTION.
(a) NEW SANCTIONS.—Except as provided in sections
904 and 905 and notwithstanding any other provision of
law, the President may not impose a unilateral agricul-
tural sanction or unilateral medical sanction against a for-
eign country or foreign entity, unless—
(1) not later than 60 days before the sanction
is proposed to be imposed, the President submits a
report to Congress that—
(A) describes the activity proposed to be
prohibited, restricted, or conditioned; and
(B) describes the actions by the foreign
country or foreign entity that justify the sanc-
tion; and
(2) there is enacted into law a joint resolution
stating the approval of Congress for the report sub-
mitted under paragraph (1).
(b) EXISTING SANCTIONS.—The President shall ter-
minate any unilateral agricultural sanction or unilateral
171
medical sanction that is in effect as of the date of enact-
ment of this Act.
SEC. 904. EXCEPTIONS.
Section 903 shall not affect any authority or require-
ment to impose (or continue to impose) a sanction referred
to in section 903—
(1) against a foreign country or foreign
entity—
(A) pursuant to a declaration of war
against the country or entity;
(B) pursuant to specific statutory author-
ization for the use of the Armed Forces of the
United States against the country or entity;
(C) against which the Armed Forces of the
United States are involved in hostilities; or
(D) where imminent involvement by the
Armed Forces of the United States in hostilities
against the country or entity is clearly indicated
by the circumstances; or
(2) to the extent that the sanction would pro-
hibit, restrict, or condition the provision or use of
any agricultural commodity, medicine, or medical de-
vice that is—
172
(A) controlled on the United States Muni-
tions List established under section 38 of the
Arms Export Control Act (22 U.S.C. 2778);
(B) controlled on any control list estab-
lished under the Export Administration Act of
1979 or any successor statute (50 U.S.C. App.
2401 et seq.); or
(C) used to facilitate the development or
production of a chemical or biological weapon or
weapon of mass destruction.
SEC. 905. TERMINATION OF SANCTIONS.
Any unilateral agricultural sanction or unilateral
medical sanction that is imposed pursuant to the proce-
dures described in section 903(a) shall terminate not later
than 2 years after the date on which the sanction became
effective unless—
(1) not later than 60 days before the date of
termination of the sanction, the President submits to
Congress a report containing—
(A) the recommendation of the President
for the continuation of the sanction for an addi-
tional period of not to exceed 2 years; and
(B) the request of the President for ap-
proval by Congress of the recommendation; and
173
(2) there is enacted into law a joint resolution
stating the approval of Congress for the report sub-
mitted under paragraph (1).
SEC. 906. STATE SPONSORS OF INTERNATIONAL TER-
RORISM.
(a) REQUIREMENT.—
(1) IN GENERAL.—Notwithstanding any other
provision of this title (other than section 904), the
export of agricultural commodities, medicine, or
medical devices to Cuba or to the government of a
country that has been determined by the Secretary
of State to have repeatedly provided support for acts
of international terrorism under section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371),
section 6(j)(1) of the Export Administration Act of
1979 (50 U.S.C. app. 2405(j)(1)), or section 40(d)
of the Arms Export Control Act (22 U.S.C.
2780(d)), or to any other entity in such a country,
shall only be made pursuant to one-year licenses
issued by the United States Government for con-
tracts entered into during the one-year period of the
license and shipped within the 12-month period be-
ginning on the date of the signing of the contract,
except that the requirements of such one-year li-
censes shall be no more restrictive than license ex-
174
ceptions administered by the Department of Com-
merce or general licenses administered by the De-
partment of the Treasury, except that procedures
shall be in place to deny licenses for exports to any
entity within such country promoting international
terrorism.
(2) EXCEPTION.—Paragraph (1) shall not
apply with respect to the export of agricultural com-
modities, medicine, or medical devices to the Govern-
ment of Syria or to the Government of North Korea.
(b) QUARTERLY REPORTS.—The applicable depart-
ment or agency of the Federal Government shall submit
to the appropriate congressional committees on a quar-
terly basis a report on any activities undertaken under
subsection (a)(1) during the preceding calendar quarter.
(c) BIENNIAL REPORTS.—Not later than two years
after the date of enactment of this Act, and every two
years thereafter, the applicable department or agency of
the Federal Government shall submit a report to the ap-
propriate congressional committees on the operation of the
licensing system under this section for the preceding two-
year period, including—
(1) the number and types of licenses applied
for;
(2) the number and types of licenses approved;
175
(3) the average amount of time elapsed from
the date of filing of a license application until the
date of its approval;
(4) the extent to which the licensing procedures
were effectively implemented; and
(5) a description of comments received from in-
terested parties about the extent to which the licens-
ing procedures were effective, after the applicable
department or agency holds a public 30-day com-
ment period.
SEC. 907. CONGRESSIONAL PROCEDURES.
(a) REFERRAL OF REPORT.—A report described in
section 903(a)(1) or 905(1) shall be referred to the appro-
priate committee or committees of the House of Rep-
resentatives and to the appropriate committee or commit-
tees of the Senate.
(b) REFERRAL OF JOINT RESOLUTION.—
(1) IN GENERAL.—A joint resolution introduced
in the Senate shall be referred to the Committee on
Foreign Relations, and a joint resolution introduced
in the House of Representatives shall be referred to
the Committee on International Relations.
(2) REPORTING DATE.—A joint resolution re-
ferred to in paragraph (1) may not be reported be-
176
fore the eighth session day of Congress after the in-
troduction of the joint resolution.
SEC. 908. PROHIBITION ON UNITED STATES ASSISTANCE
AND FINANCING.
(a) PROHIBITION
ON
UNITED
STATES
ASSIST-
ANCE.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, no United States Government as-
sistance, including United States foreign assistance,
United States export assistance, and any United
States credit or guarantees shall be available for ex-
ports to Cuba or for commercial exports to Iran,
Libya, North Korea, or Sudan.
(2) RULE
OF
CONSTRUCTION.—Nothing in
paragraph (1) shall be construed to alter, modify, or
otherwise affect the provisions of section 109 of the
Cuban 
Liberty 
and 
Democratic 
Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6039) or any
other provision of law relating to Cuba in effect on
the day before the date of the enactment of this Act.
(3) WAIVER.—The President may waive the ap-
plication of paragraph (1) with respect to Iran,
Libya, North Korea, and Sudan to the degree the
President determines that it is in the national secu-
177
rity interest of the United States to do so, or for hu-
manitarian reasons.
(b) PROHIBITION ON FINANCING OF AGRICULTURAL
SALES TO CUBA.—
(1) IN
GENERAL.—No United States person
may provide payment or financing terms for sales of
agricultural commodities or products to Cuba or any
person in Cuba, except in accordance with the fol-
lowing terms (notwithstanding part 515 of title 31,
Code of Federal Regulations, or any other provision
of law):
(A) Payment of cash in advance.
(B) Financing by third country financial
institutions (excluding United States persons or
Government of Cuba entities), except that such
financing may be confirmed or advised by a
United States financial institution.
Nothing in this paragraph authorizes payment terms
or trade financing involving a debit or credit to an
account of a person located in Cuba or of the Gov-
ernment of Cuba maintained on the books of a
United States depository institution.
(2) PENALTIES.—Any private person or entity
that violates paragraph (1) shall be subject to the
178
penalties provided in the Trading With the Enemy
Act for violations under that Act.
(3) ADMINISTRATION
AND
ENFORCEMENT.—
The President shall issue such regulations as are
necessary to carry out this section, except that the
President, in lieu of issuing new regulations, may
apply any regulations in effect on the date of the en-
actment of this Act, pursuant to the Trading With
the Enemy Act, with respect to the conduct prohib-
ited in paragraph (1).
(4) DEFINITIONS.—In this subsection—
(A) the term ‘‘financing’’ includes any loan
or extension of credit;
(B) the term ‘‘United States depository in-
stitution’’ means any entity (including its for-
eign branches or subsidiaries) organized under
the laws of any jurisdiction within the United
States, or any agency, office or branch located
in the United States of a foreign entity, that is
engaged primarily in the business of banking
(including a bank, savings bank, savings asso-
ciation, credit union, trust company, or United
States bank holding company); and
(C) the term ‘‘United States person’’
means the Federal Government, any State or
179
local government, or any private person or enti-
ty of the United States.
SEC. 909. PROHIBITION ON ADDITIONAL IMPORTS FROM
CUBA.
Nothing in this title shall be construed to alter, mod-
ify, or otherwise affect the provisions of section 515.204
of title 31, Code of Federal Regulations, relating to the
prohibition on the entry into the United States of mer-
chandise that (1) is of Cuban origin, (2) is or has been
located in or transported from or through Cuba, or (3)
is made or derived in whole or in part of any article which
is the growth, produce, or manufacture of Cuba.
SEC. 910. REQUIREMENTS RELATING TO CERTAIN TRAVEL-
RELATED TRANSACTIONS WITH CUBA.
(a) AUTHORIZATION OF TRAVEL RELATING TO COM-
MERCIAL SALE OF AGRICULTURAL COMMODITIES.—The
Secretary of the Treasury shall promulgate regulations
under which the travel-related transactions listed in para-
graph (c) of section 515.560 of title 31, Code of Federal
Regulations, may be authorized on a case-by-case basis by
a specific license for travel to, from, or within Cuba for
the commercial export sale of agricultural commodities
pursuant to the provisions of this title.
(b) PROHIBITION ON TRAVEL RELATING TO TOURIST
ACTIVITIES.—
180
(1) IN GENERAL.—Notwithstanding any other
provision of law or regulation, the Secretary of the
Treasury, or any other Federal official, may not au-
thorize the travel-related transactions listed in para-
graph (c) of section 515.560 of title 31, Code of
Federal Regulations, either by a general license or
on a case-by-case basis by a specific license for trav-
el to, from, or within Cuba for tourist activities.
(2) DEFINITION.—In this subsection, the term
‘‘tourist activities’’ means any activity with respect
to travel to, from, or within Cuba that is not ex-
pressly authorized in subsection (a) of this section,
in any of paragraphs (1) through (12) of section
515.560 of title 31, Code of Federal Regulations, or
in any section referred to in any of such paragraphs
(1) through (12) (as such sections were in effect on
June 1, 2000).
SEC. 911. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this title shall take effect on the date of enactment
of this Act, and shall apply thereafter in any fiscal year.
(b) EXISTING SANCTIONS.—In the case of any unilat-
eral agricultural sanction or unilateral medical sanction
that is in effect as of the date of enactment of this Act,
this title shall take effect 120 days after the date of enact-
181
ment of this Act, and shall apply thereafter in any fiscal
year.
TITLE X—CONTINUED DUMPING AND SUBSIDY
OFFSET
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘Continued Dumping
and Subsidy Offset Act of 2000’’.
SEC. 1002. FINDINGS OF CONGRESS.
Congress makes the following findings:
(1) Consistent with the rights of the United
States under the World Trade Organization, inju-
rious dumping is to be condemned and actionable
subsidies which cause injury to domestic industries
must be effectively neutralized.
(2) United States unfair trade laws have as
their purpose the restoration of conditions of fair
trade so that jobs and investment that should be in
the United States are not lost through the false
market signals.
(3) The continued dumping or subsidization of
imported products after the issuance of antidumping
orders or findings or countervailing duty orders can
frustrate the remedial purpose of the laws by pre-
venting market prices from returning to fair levels.
182
(4) Where dumping or subsidization continues,
domestic producers will be reluctant to reinvest or
rehire and may be unable to maintain pension and
health care benefits that conditions of fair trade
would permit. Similarly, small businesses and Amer-
ican farmers and ranchers may be unable to pay
down accumulated debt, to obtain working capital,
or to otherwise remain viable.
(5) United States trade laws should be
strengthened to see that the remedial purpose of
those laws is achieved.
SEC. 1003. AMENDMENTS TO THE TARIFF ACT OF 1930.
(a) IN GENERAL.—Title VII of the Tariff Act of
1930 (19 U.S.C. 1671 et seq.) is amended by inserting
after section 753 following new section:
‘‘SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.
‘‘(a) IN GENERAL.—Duties assessed pursuant to a
countervailing duty order, an antidumping duty order, or
a finding under the Antidumping Act of 1921 shall be dis-
tributed on an annual basis under this section to the af-
fected domestic producers for qualifying expenditures.
Such distribution shall be known as the ‘continued dump-
ing and subsidy offset’.
‘‘(b) DEFINITIONS.—As used in this section:
183
‘‘(1) AFFECTED
DOMESTIC
PRODUCER.—The
term ‘affected domestic producer’ means any manu-
facturer, producer, farmer, rancher, or worker rep-
resentative (including associations of such persons)
that—
‘‘(A) was a petitioner or interested party in
support of the petition with respect to which an
antidumping duty order, a finding under the
Antidumping Act of 1921, or a countervailing
duty order has been entered, and
‘‘(B) remains in operation.
Companies, businesses, or persons that have ceased
the production of the product covered by the order
or finding or who have been acquired by a company
or business that is related to a company that op-
posed the investigation shall not be an affected do-
mestic producer.
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of Customs.
‘‘(3) COMMISSION.—The term ‘Commission’
means the United States International Trade Com-
mission.
‘‘(4) QUALIFYING
EXPENDITURE.—The term
‘qualifying expenditure’ means an expenditure in-
curred after the issuance of the antidumping duty
184
finding or order or countervailing duty order in any
of the following categories:
‘‘(A) Manufacturing facilities.
‘‘(B) Equipment.
‘‘(C) Research and development.
‘‘(D) Personnel training.
‘‘(E) Acquisition of technology.
‘‘(F) Health care benefits to employees
paid for by the employer.
‘‘(G) Pension benefits to employees paid
for by the employer.
‘‘(H) Environmental equipment, training,
or technology.
‘‘(I) Acquisition of raw materials and other
inputs.
‘‘(J) Working capital or other funds need-
ed to maintain production.
‘‘(5) RELATED TO.—A company, business, or
person shall be considered to be ‘related to’ another
company, business, or person if—
‘‘(A) the company, business, or person di-
rectly or indirectly controls or is controlled by
the other company, business, or person,
‘‘(B) a third party directly or indirectly
controls both companies, businesses, or persons,
185
‘‘(C) both companies, businesses, or per-
sons directly or indirectly control a third party
and there is reason to believe that the relation-
ship causes the first company, business, or per-
sons to act differently than a nonrelated party.
For purposes of this paragraph, a party shall be
considered to directly or indirectly control another
party if the party is legally or operationally in a po-
sition to exercise restraint or direction over the other
party.
‘‘(c) DISTRIBUTION PROCEDURES.—The Commis-
sioner shall prescribe procedures for distribution of the
continued dumping or subsidies offset required by this sec-
tion. Such distribution shall be made not later than 60
days after the first day of a fiscal year from duties as-
sessed during the preceding fiscal year.
‘‘(d) PARTIES ELIGIBLE
FOR DISTRIBUTION
OF
ANTIDUMPING
AND
COUNTERVAILING
DUTIES
AS-
SESSED.—
‘‘(1) LIST
OF
AFFECTED
DOMESTIC
PRO-
DUCERS.—The Commission shall forward to the
Commissioner within 60 days after the effective date
of this section in the case of orders or findings in
effect on January 1, 1999, or thereafter, or in any
other case, within 60 days after the date an anti-
186
dumping or countervailing duty order or finding is
issued, a list of petitioners and persons with respect
to each order and finding and a list of persons that
indicate support of the petition by letter or through
questionnaire response. In those cases in which a de-
termination of injury was not required or the Com-
mission’s records do not permit an identification of
those in support of a petition, the Commission shall
consult with the administering authority to deter-
mine the identity of the petitioner and those domes-
tic parties who have entered appearances during ad-
ministrative reviews conducted by the administering
authority under section 751.
‘‘(2) PUBLICATION OF LIST; CERTIFICATION.—
The Commissioner shall publish in the Federal Reg-
ister at least 30 days before the distribution of a
continued dumping and subsidy offset, a notice of
intention to distribute the offset and the list of af-
fected domestic producers potentially eligible for the
distribution based on the list obtained from the
Commission under paragraph (1). The Commis-
sioner shall request a certification from each poten-
tially eligible affected domestic producer—
‘‘(A) that the producer desires to receive a
distribution;
187
‘‘(B) that the producer is eligible to receive
the distribution as an affected domestic pro-
ducer; and
‘‘(C) the qualifying expenditures incurred
by the producer since the issuance of the order
or finding for which distribution under this sec-
tion has not previously been made.
‘‘(3) DISTRIBUTION OF FUNDS.—The Commis-
sioner shall distribute all funds (including all inter-
est earned on the funds) from assessed duties re-
ceived in the preceding fiscal year to affected domes-
tic producers based on the certifications described in
paragraph (2). The distributions shall be made on a
pro rata basis based on new and remaining quali-
fying expenditures.
‘‘(e) SPECIAL ACCOUNTS.—
‘‘(1) ESTABLISHMENTS.—Within 14 days after
the effective date of this section, with respect to
antidumping duty orders and findings and counter-
vailing duty orders notified under subsection (d)(1),
and within 14 days after the date an antidumping
duty order or finding or countervailing duty order
issued after the effective date takes effect, the Com-
missioner shall establish in the Treasury of the
188
United States a special account with respect to each
such order or finding.
‘‘(2) DEPOSITS INTO ACCOUNTS.—The Commis-
sioner shall deposit into the special accounts, all
antidumping or countervailing duties (including in-
terest earned on such duties) that are assessed after
the effective date of this section under the anti-
dumping order or finding or the countervailing duty
order with respect to which the account was estab-
lished.
‘‘(3) TIME AND MANNER OF DISTRIBUTIONS.—
Consistent with the requirements of subsections (c)
and (d), the Commissioner shall by regulation pre-
scribe the time and manner in which distribution of
the funds in a special account shall made.
‘‘(4) TERMINATION.—A special account shall
terminate after—
‘‘(a) the order or finding with respect to
which the account was established has termi-
nated;
‘‘(B) all entries relating to the order or
finding are liquidated and duties assessed col-
lected;
189
‘‘(C) the Commissioner has provided notice
and a final opportunity to obtain distribution
pursuant to subsection (c); and
‘‘(D) 90 days has elapsed from the date of
the notice described in subparagraph (C).
Amounts not claimed within 90 days of the date of
the notice described in subparagraph (C), shall be
deposited into the general fund of the Treasury.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII of the Tariff Act of 1930 is amended
by inserting the following new item after the item relating
to section 753:
‘‘Sec. 754. Continued dumping and subsidy offset.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to all antidumping
and countervailing duty assessments made on or after Oc-
tober 1, 2000.
TITLE XI—CONSERVATION OF FARMABLE
WETLAND
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Conservation of
Farmable Wetland Act of 2000’’.
190
SEC. 1102. PILOT PROGRAM FOR ENROLLMENT OF WET-
LAND AND BUFFER ACREAGE IN CONSERVA-
TION RESERVE.
(a) IN GENERAL.—Section 1231 of the Food Security
Act of 1985 (16 U.S.C. 3831) is amended by adding at
the end the following:
‘‘(h) PILOT PROGRAM FOR ENROLLMENT OF WET-
LAND
AND BUFFER ACREAGE
IN CONSERVATION RE-
SERVE.—
‘‘(1) IN GENERAL.—During the 2001 and 2002
calendar years, the Secretary shall carry out a pilot
program in the States of Iowa, Minnesota, Montana,
Nebraska, North Dakota, and South Dakota under
which the Secretary shall include eligible acreage de-
scribed in paragraph (3) in the program established
under this subchapter.
‘‘(2) PARTICIPATION
AMONG
STATES.—The
Secretary shall ensure, to the maximum extent prac-
ticable, that owners and operators in each of the
States referred to in paragraph (1) have an equi-
table opportunity to participate in the pilot program
established under this subsection.
‘‘(3) ELIGIBLE ACREAGE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) through (D), an owner or operator
191
may enroll in the conservation reserve under
this subsection—
‘‘(i) a wetland (including a converted
wetland 
described 
in 
section
1222(b)(1)(A)) that was cropped during at
least 3 of the immediately preceding 10
crop years; and
‘‘(ii) buffer acreage that—
‘‘(I) is contiguous to the wetland
described in clause (i);
‘‘(II) is used to protect the wet-
land; and
‘‘(III) is of such width as the
Secretary determines is necessary to
protect the wetland, taking into con-
sideration and accommodating the
farming 
practices 
(including 
the
straightening of boundaries to accom-
modate machinery) used with respect
to the cropland that surrounds the
wetland.
‘‘(B) EXCLUSIONS.—An owner or operator
may not enroll in the conservation reserve
under this subsection—
192
‘‘(i) any wetland, or land on a flood-
plain, that is, or is adjacent to, a perennial
riverine system wetland identified on the
final national wetland inventory map of the
Secretary of the Interior; or
‘‘(ii) in the case of an area that is not
covered by the final national inventory
map, any wetland, or land on a floodplain,
that is adjacent to a perennial stream iden-
tified on a 1-24,000 scale map of the
United States Geological Survey.
‘‘(C) PROGRAM LIMITATIONS.—
‘‘(i) IN
GENERAL.—The Secretary
may enroll in the conservation reserve
under this subsection—
‘‘(I) not more than 500,000 acres
in all States referred to in paragraph
(1); and
‘‘(II) not more than 150,000
acres in any 1 State referred to in
paragraph (1).
‘‘(ii) RELATIONSHIP
TO
PROGRAM
MAXIMUM.—Subject to clause (iii), for the
purposes of subsection (d), any acreage en-
rolled in the conservation reserve under
193
this subsection shall be considered acres
maintained in the conservation reserve.
‘‘(iii) RELATIONSHIP TO OTHER EN-
ROLLED
ACREAGE.—Acreage 
enrolled
under this subsection shall not affect for
any fiscal year the quantity of—
‘‘(I) acreage enrolled to establish
conservation buffers as part of the
program announced on March 24,
1998 (63 Fed. Reg. 14109); or
‘‘(II) acreage enrolled into the
conservation reserve enhancement pro-
gram announced on May 27, 1998 (63
Fed. Reg. 28965).
‘‘(D) 
OWNER
OR
OPERATOR
LIMITA-
TIONS.—
‘‘(i) WETLAND.—The maximum size
of any wetland described in subparagraph
(A)(i) of an owner or operator enrolled in
the conservation reserve under this sub-
section shall be 5 contiguous acres.
‘‘(ii) BUFFER
ACREAGE.—The max-
imum size of any buffer acreage described
in subparagraph (A)(ii) of an owner or op-
erator enrolled in the conservation reserve
194
under this subsection shall be the greater
of—
‘‘(I) 3 times the size of any wet-
land described in subparagraph (A)(i)
to which the buffer acreage is contig-
uous; or
‘‘(II) 150 feet on either side of
the wetland.
‘‘(iii) TRACTS.—The maximum size of
any eligible acreage described in subpara-
graph (A) in a tract (as determined by the
Secretary) of an owner or operator enrolled
in the conservation reserve under this sub-
section shall be 40 acres.
‘‘(4) DUTIES OF OWNERS AND OPERATORS.—
Under a contract entered into under this subsection,
during the term of the contract, an owner or oper-
ator of a farm or ranch must agree—
‘‘(A) to restore the hydrology of the wet-
land within the eligible acreage to the maximum
extent practicable, as determined by the Sec-
retary;
‘‘(B) to establish vegetative cover on the
eligible acreage, as determined by the Sec-
retary; and
195
‘‘(C) to carry out other duties described in
section 1232.
‘‘(5) DUTIES OF THE SECRETARY.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), in return for a con-
tract entered into by an owner or operator
under this subsection, the Secretary shall make
payments and provide assistance to the owner
or operator in accordance with sections 1233
and 1234.
‘‘(B) CONTINUOUS
SIGNUP.—The Sec-
retary shall use continuous signup under sec-
tion 1234(c)(2)(B) to determine the accept-
ability of contract offers and the amount of
rental payments under this subsection.
‘‘(C) INCENTIVES.—The amounts payable
to owners and operators in the form of rental
payments under contracts entered into under
this subsection shall reflect incentives that are
provided to owners and operators to enroll
filterstrips in the conservation reserve under
section 1234.’’.
SEC. 1103. INCIDENTAL GRAZING.
Section 1232(a)(7)(A) of the Food Security Act of
1985 (16 U.S.C. 3832(a)(7)(A)) is amended—
196
(1) by striking ‘‘occurs during’’ and
inserting ‘‘occurs—
‘‘(I) in the case of land other
than eligible acreage enrolled under
section 1231(h), during’’; and
(2) by adding at the end the following:
‘‘(II) in the case of eligible acre-
age enrolled under section 1231(h), at
any time other than during the period
beginning May 1 and ending August 1
of each year for a reduction in rental
payment commensurate with the lim-
ited economic value of such incidental
grazing; and’’.
SEC. 1104. STUDY OF IMPACT OF PILOT PROGRAM.
(a) IN GENERAL.—The Secretary of Agriculture shall
conduct a study of the impact of the pilot program estab-
lished under section 1231(h) of the Food Security Act of
1985 (16 U.S.C. 3831(h)) (as added by section 1102(a))
on—
(1) enrollment of owners and operators in—
(A) the conservation reserve program es-
tablished under subchapter B of chapter 1 of
subtitle D of title XII of that Act (16 U.S.C.
3831 et seq.);
197
(B) the wetlands reserve program estab-
lished under subchapter C of chapter 1 of sub-
title D of title XII of that Act (16 U.S.C. 3837
et seq.); and
(C) other Federal and State conservation
programs;
(2) types of environmentally sensitive acreage
that have not been enrolled in the wetlands reserve
program; and
(3) conservation of soil, water, and related nat-
ural resources, including grazing land, wetland, and
wildlife habitat.
(b) REPORTS.—Not later than March 1, 2003, the
Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a re-
port on the results of the study.
SEC. 1105. REGULATIONS.
(a) IN GENERAL.—As soon as practicable after the
date of enactment of this Act, the Secretary of Agriculture
shall promulgate such regulations as are necessary to im-
plement the amendments made by this Act.
(b) PROCEDURE.—The promulgation of the regula-
tions and administration of the amendments made by this
Act shall be made without regard to—
198
(1) the notice and comment provisions of sec-
tion 553 of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ‘‘Paperwork Reduction
Act’’).
(c) CONGRESSIONAL REVIEW
OF AGENCY RULE-
MAKING.—In carrying out this section, the Secretary shall
use the authority provided under section 808 of title 5,
United States Code.
TITLE XII—HASS AVOCADO PROMOTION,
RESEARCH, AND INFORMATION
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Hass Avocado Pro-
motion, Research, and Information Act of 2000’’.
SEC. 1202. FINDINGS AND DECLARATION OF POLICY.
(a) FINDINGS.—Congress finds the following:
(1) Hass avocados are an integral food source
in the United States that are a valuable and healthy
part of the human diet and are enjoyed by millions
of persons every year for a multitude of everyday
and special occasions.
199
(2) Hass avocados are a significant tree fruit
crop grown by many individual producers, but vir-
tually all domestically produced Hass avocados for
the commercial market are grown in the State of
California.
(3) Hass avocados move in interstate and for-
eign commerce, and Hass avocados that do not move
in interstate or foreign channels of commerce but
only in intrastate commerce directly affect interstate
commerce in Hass avocados.
(4) In recent years, large quantities of Hass av-
ocados have been imported into the United States
from other countries.
(5) The maintenance and expansion of markets
in existence on the date of enactment of this title,
and the development of new or improved markets or
uses for Hass avocados are needed to preserve and
strengthen the economic viability of the domestic
Hass avocado industry for the benefit of producers
and other persons associated with the producing,
marketing, processing, and consuming of Hass avo-
cados.
(6) An effective and coordinated program of
promotion, research, industry information, and con-
sumer information regarding Hass avocados is nec-
200
essary for the maintenance, expansion, and develop-
ment of domestic markets for Hass avocados.
(b) PURPOSE.—It is the purpose of this title to au-
thorize the establishment, through the exercise of the pow-
ers provided in this title, of an orderly procedure for the
development and financing (through an adequate assess-
ment on Hass avocados sold by producers and importers
in the United States) of an effective and coordinated pro-
gram of promotion, research, industry information, and
consumer information, including funds for marketing and
market research activities, that is designed to—
(1) strengthen the position of the Hass avocado
industry in the domestic marketplace; and
(2) maintain, develop, and expand markets and
uses for Hass avocados in the domestic marketplace.
(c) LIMITATION.—Nothing in this title may be con-
strued to provide for the control of production or otherwise
limit the right of any person to produce, handle, or import
Hass avocados.
SEC. 1203. DEFINITIONS.
As used in this title:
(1) BOARD.—The terms ‘‘Avocado Board’’ and
‘‘Board’’ mean the Hass Avocado Board established
under section 1205.
201
(2) CONFLICT OF INTEREST.—The term ‘‘con-
flict of interest’’ means a situation in which a mem-
ber or employee of the Board has a direct or indirect
financial interest in a person that performs a service
for, or enters into a contract with, the Board for
anything of economic value.
(3) CONSUMER INFORMATION.—The term ‘‘con-
sumer information’’ means any action or program
that provides information to consumers and other
persons on the use, nutritional attributes, and other
information that will assist consumers and other
persons in making evaluations and decisions regard-
ing the purchase, preparation, and use of Hass avo-
cados.
(4) CUSTOMS.—The term ‘‘Customs’’ means
the United States Customs Service.
(5) DEPARTMENT.—The term ‘‘Department’’
means the United States Department of Agriculture.
(6) HASS AVOCADO.—
(A) IN GENERAL.—The term ‘‘Hass avo-
cado’’ includes—
(i) the fruit of any Hass variety avo-
cado tree; and
(ii) any other type of avocado fruit
that the Board, with the approval of the
202
Secretary, determines is so similar to the
Hass variety avocado as to be indistin-
guishable to consumers in fresh form.
(B) FORM OF FRUIT.—Except as provided
in subparagraph (C), the term includes avocado
fruit described in subparagraph (A) whether in
fresh, frozen, or any other processed form.
(C) EXCEPTIONS.—In any case in which a
handler further processes avocados described in
subparagraph (A), or products of such avoca-
dos, for sale to a retailer, the Board, with the
approval of the Secretary, may determine that
such further processed products do not con-
stitute a substantial value of the product and
that, based on its determination, the product
shall not be treated as a product of Hass avoca-
dos subject to assessment under the order. In
addition, the Board, with the approval of the
Secretary, may exempt certain frozen avocado
products from assessment under the order.
(7) HANDLER.—
(A) FIRST
HANDLER.—The term ‘‘first
handler’’ means a person operating in the Hass
avocados marketing system that sells domestic
or imported Hass avocados for United States
203
domestic consumption, and who is responsible
for remitting assessments to the Board. The
term includes an importer or producer who sells
directly to consumers Hass avocados that the
importer or producer has imported into the
United States or produced, respectively.
(B) EXEMPT
HANDLER.—The term ‘‘ex-
empt handler’’ means a person who would oth-
erwise be considered a first handler, except that
all avocados purchased by the person have al-
ready been subject to the assessment under sec-
tion 1205(h).
(8) IMPORTER.—The term ‘‘importer’’ means
any person who imports Hass avocados into the
United States.
(9) INDUSTRY INFORMATION.—The term ‘‘in-
dustry information’’ means information and pro-
grams that are designed to increase efficiency in
processing, enhance the development of new markets
and marketing strategies, increase marketing effi-
ciency, and activities to enhance the image of Hass
avocados and the Hass avocado industry domesti-
cally.
204
(10) ORDER.—The term ‘‘order’’ means the
Hass avocado promotion, research, and information
order issued under this title.
(11) PERSON.—The term ‘‘person’’ means any
individual, group of individuals, firm, partnership,
corporation, joint stock company, association, coop-
erative, or other legal entity.
(12) PRODUCER.—The term ‘‘producer’’ means
any person who—
(A) is engaged in the domestic production
of Hass avocados for commercial use; and
(B) owns, or shares the ownership and risk
of loss, of such Hass avocados.
(13) 
PROMOTION.—The 
term 
‘‘promotion’’
means any action to advance the image, desirability,
or marketability of Hass avocados, including paid
advertising, sales promotion, and publicity, in order
to improve the competitive position and stimulate
sales of Hass avocados in the domestic marketplace.
(14) RESEARCH.—The term ‘‘research’’ means
any type of test, study, or analysis relating to mar-
ket research, market development, and marketing ef-
forts, or relating to the use, quality, or nutritional
value of Hass avocados, other related food science
205
research, or research designed to advance the image,
desirability, and marketability of Hass avocados.
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture.
(16) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
the United States Virgin Islands, Guam, American
Samoa, the Republic of the Marshall Islands, and
the Federated States of Micronesia.
(17) UNITED
STATES.—The term ‘‘United
States’’ means the United States collectively.
SEC. 1204. ISSUANCE OF ORDERS.
(a) IN GENERAL.—
(1) ISSUANCE.—To effectuate the policy of this
title specified in section 1202(b), the Secretary, sub-
ject to the procedures provided in subsection (b),
shall issue orders under this title applicable to pro-
ducers, importers, and first handlers of Hass avoca-
dos.
(2) SCOPE.—Any order shall be national in
scope.
(3) ONE
ORDER.—Not more than one order
shall be in effect at any one time.
206
(b) PROCEDURES.—
(1) PROPOSAL FOR AN ORDER.—An existing or-
ganization of avocado producers established pursu-
ant to a State statute, or any other person who will
be affected by this title, may request the issuance of,
and submit a proposal for an order.
(2) PUBLICATION
OF
PROPOSAL.—The Sec-
retary shall publish a proposed order and give notice
and opportunity for public comment on the proposed
order not later than 60 days after receipt by the
Secretary of a proposal for an order from an exist-
ing organization of avocado producers established
pursuant to a State statute, as provided in para-
graph (1).
(3) ISSUANCE OF ORDER.—
(A) IN GENERAL.—After notice and oppor-
tunity for public comment are provided in ac-
cordance with paragraph (2), the Secretary
shall issue the order, taking into consideration
the comments received and including in the
order such provisions as are necessary to ensure
that the order is in conformity with this title.
(B) EFFECTIVE DATE.—The order shall be
issued and become effective only after an af-
firmative vote in a referendum as provided in
207
section 1206, but not later than 180 days after
publication of the proposed order.
(c) AMENDMENTS.—The Secretary, from time to
time, may amend an order. The provisions of this title ap-
plicable to an order shall be applicable to any amendment
to an order.
SEC. 1205. REQUIRED TERMS IN ORDERS.
(a) IN GENERAL.—An order shall contain the terms
and provisions specified in this section.
(b) HASS AVOCADO BOARD.—
(1) ESTABLISHMENT AND MEMBERSHIP.—
(A) ESTABLISHMENT.—The order shall
provide for the establishment of a Hass Avo-
cado Board, consisting of 12 members, to ad-
minister the order.
(B) MEMBERSHIP.—
(i) APPOINTMENT.—The order shall
provide that members of the Board shall
be appointed by the Secretary from nomi-
nations submitted as provided in this sub-
section.
(ii) COMPOSITION.—The Board shall
consist of participating domestic producers
and importers.
208
(C) SPECIAL DEFINITION OF IMPORTER.—
In this subsection, the term ‘‘importer’’ means
a person who is involved in, as a substantial ac-
tivity, the importation, sale, and marketing of
Hass avocados in the United States (either di-
rectly or as an agent, broker, or consignee of
any person or nation that produces or handles
Hass avocados outside the United States for
sale in the United States), and who is subject
to assessments under the order.
(2) DISTRIBUTION OF APPOINTMENTS.—
(A) IN GENERAL.—The order shall provide
that the membership of the Board shall consist
of the following:
(i) Seven members who are domestic
producers of Hass avocados and are sub-
ject to assessments under the order.
(ii) Two members who represent im-
porters of Hass avocados and are subject
to assessments under the order.
(iii) Three members who are domestic
producers of Hass avocados and are sub-
ject to assessments under the order, or are
importers of Hass avocados and are sub-
ject to assessments under the order, to re-
209
flect the proportion of domestic production
and imports supplying the United States
market, which shall be based on the Sec-
retary’s determination of the average vol-
ume of domestic production of Hass avoca-
dos proportionate to the average volume of
imports of Hass avocados in the United
States over the previous three years.
(B) ADJUSTMENT IN BOARD REPRESENTA-
TION.—Three years after the assessment of
Hass avocados commences pursuant to an
order, and at the end of each three-year period
thereafter, the Avocado Board shall adjust the
proportion of producer representatives to im-
porter representatives on the Board under sub-
paragraph (A)(iii) on the basis of the amount
of assessments collected from producers and im-
porters over the immediately preceding three-
year period. Any adjustment under this sub-
paragraph shall be subject to the review and
approval of the Secretary.
(3) NOMINATION
PROCESS.—The order shall
provide that—
(A) 2 nominees shall be submitted for each
appointment to the Board;
210
(B) nominations for each appointment of a
producer or an importer shall be made by do-
mestic producers or importers, respectively—
(i) in the case of producers, through
an election process which utilizes existing
organizations of avocado producers estab-
lished pursuant to a State statute, with ap-
proval by the Secretary; and
(ii) in the case of importers, nomina-
tions are submitted by importers under
such procedures as the Secretary deter-
mines appropriate; and
(C) in any case in which producers or im-
porters fail to nominate individuals for an ap-
pointment to the Board, the Secretary may ap-
point an individual to fill the vacancy on a basis
provided in the order or other regulations of the
Secretary.
(4) ALTERNATES.—The order shall provide for
the selection of alternate members of the Board by
the Secretary in accordance with procedures speci-
fied in the order.
(5) TERMS.—The order shall provide that—
(A) each term of appointment to the Board
shall be for 3 years, except that, of the initial
211
appointments, 4 of the appointments shall be
for 2-year terms, 4 of the appointments shall be
for 3-year terms, and 4 of the appointments
shall be for 4-year terms; and
(B) no member of the Board may serve
more than 2 consecutive terms of three years,
except that any member serving an initial term
of 4 years may serve an additional term of 3
years.
(6) REPLACEMENT.—
(A) 
DISQUALIFICATION
FROM
BOARD
SERVICE.—The order shall provide that if a
member or alternate of the Board who was ap-
pointed as a domestic producer or importer
ceases to belong to the group for which such
member was appointed, such member or alter-
nate shall be disqualified from serving on the
Board.
(B) MANNER
OF
FILLING
VACANCY.—A
vacancy arising as a result of disqualification or
any other reason before the expiration of the
term of office of an incumbent member or alter-
nate of the Board shall be filled in a manner
provided in the order.
212
(7) COMPENSATION.—The order shall provide
that members and alternates of the Board shall
serve without compensation, but shall be reimbursed
for the reasonable expenses incurred in performing
duties as members or alternates of the Board.
(c) GENERAL RESPONSIBILITIES OF THE AVOCADO
BOARD.—The order shall define the general responsibil-
ities of the Avocado Board, which shall include the respon-
sibility to—
(1) administer the order in accordance with the
terms and provisions of the order;
(2) 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;
(3) recommend to the Secretary rules and regu-
lations to effectuate the terms and provisions of the
order;
(4) employ such persons as the Board deter-
mines are necessary, and set the compensation and
define the duties of the persons;
(5)(A) develop budgets for the implementation
of the order and submit the budgets to the Secretary
for approval under subsection (d); and
213
(B) propose and develop (or receive and evalu-
ate), approve, and submit to the Secretary for ap-
proval under subsection (d) plans or projects for
Hass avocado promotion, industry information, con-
sumer information, or related research;
(6)(A) implement plans and projects for Hass
avocado promotion, industry information, consumer
information, or related research, as provided in sub-
section (d); or
(B) contract or enter into agreements with ap-
propriate persons to implement the plans and
projects, as provided in subsection (e), and pay the
costs of the implementation, or contracts and agree-
ment, with funds received under the order;
(7) evaluate on-going and completed plans and
projects for Hass avocado promotion, industry infor-
mation, consumer information, or related research
and comply with the independent evaluation provi-
sions of the Commodity Promotion, Research, and
Information Act of 1996 (subtitle B of title V of
Public Law 104–127; 7 U.S.C. 7401 et seq.);
(8) receive, investigate, and report to the Sec-
retary complaints of violations of the order;
(9) recommend to the Secretary amendments to
the order;
214
(10) invest, pending disbursement under a plan
or project, funds collected through assessments au-
thorized under this title only in—
(A) obligations of the United States or any
agency of the United States;
(B) general obligations of any State or any
political subdivision of a State;
(C) any 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, except
that income from any such invested funds may
be used only for a purpose for which the in-
vested funds may be used;
(11) borrow funds necessary for the startup ex-
penses of the order; and
(12) provide the Secretary such information as
the Secretary may require.
(d) BUDGETS; PLANS AND PROJECTS.—
(1) SUBMISSION OF BUDGETS.—The order shall
require the Board to submit to the Secretary for ap-
proval budgets, on a fiscal year basis, of the antici-
pated expenses and disbursements of the Board in
the implementation of the order, including the pro-
215
jected costs of Hass avocado promotion, industry in-
formation, consumer information, and related re-
search plans and projects.
(2) PLANS AND PROJECTS.—
(A) PROMOTION AND CONSUMER INFORMA-
TION.—The order shall provide—
(i) for the establishment, implementa-
tion, administration, and evaluation of ap-
propriate plans and projects for adver-
tising, sales promotion, other promotion,
and consumer information with respect to
Hass avocados, and for the disbursement
of necessary funds for the purposes de-
scribed in this clause; and
(ii) that any plan or project referred
to in clause (i) shall be directed toward in-
creasing the general demand for Hass avo-
cados in the domestic marketplace.
(B) INDUSTRY INFORMATION.—The order
shall provide for the establishment, implementa-
tion, administration, and evaluation of appro-
priate plans and projects that will lead to the
development of new markets, maintain and ex-
pand existing markets, lead to the development
of new marketing strategies, or increase the ef-
216
ficiency of the Hass avocado industry, and ac-
tivities to enhance the image of the Hass avo-
cado industry, and for the disbursement of nec-
essary funds for the purposes described in this
subparagraph.
(C) RESEARCH.—The order shall provide
for—
(i) the establishment, implementation,
administration, and evaluation of plans
and projects for market development re-
search, research with respect to the sale,
distribution, marketing, use, quality, or
nutritional value of Hass avocados, and
other research with respect to Hass avo-
cado marketing, promotion, industry infor-
mation or consumer information;
(ii) the dissemination of the informa-
tion acquired through the plans and
projects; and
(iii) the disbursement of such funds as
are necessary to carry out this subpara-
graph.
(D) SUBMISSION
TO
SECRETARY.—The
order shall provide that the Board shall submit
to the Secretary for approval a proposed plan
217
or project for Hass avocados promotion, indus-
try information, consumer information, or re-
lated research, as described in subparagraphs
(A), (B), and (C).
(3) APPROVAL
BY
SECRETARY.—A budget,
plan, or project for Hass avocados promotion, indus-
try information, consumer information, or related re-
search may not be implemented prior to approval of
the budget, plan, or project by the Secretary. Not
later than 45 days after receipt of such a budget,
plan, or project, the Secretary shall notify the Board
whether the Secretary approves or disapproves the
budget, plan, or project. If the Secretary fails to
provide such notice before the end of the 45-day pe-
riod, the budget, plan, or project shall be deemed to
be approved and may be implemented by the Board.
(e) CONTRACTS AND AGREEMENTS.—
(1) PROMOTION, CONSUMER INFORMATION, IN-
DUSTRY
INFORMATION
AND
RELATED
RESEARCH
PLANS AND PROJECTS.—
(A) IN GENERAL.—To ensure the efficient
use of funds, the order shall provide that the
Board, with the approval of the Secretary, shall
enter into a contract or an agreement with an
avocado organization established by State stat-
218
ute in a State with the majority of Hass avo-
cado production in the United States, for the
implementation of a plan or project for pro-
motion, industry information, consumer infor-
mation, or related research with respect to
Hass avocados, and for the payment of the cost
of the contract or agreement with funds re-
ceived by the Board under the order.
(B) REQUIREMENTS.—The order shall pro-
vide that any contract or agreement entered
into under this paragraph shall provide that—
(i) the contracting or agreeing party
shall develop and submit to the Board a
plan or project, together with a budget
that includes the estimated costs to be in-
curred for the plan or project;
(ii) the plan or project shall become
effective on the approval of the Secretary;
and
(iii) the contracting party or agreeing
party shall—
(I) keep accurate records of all
transactions of the party;
(II) account for funds received
and expended;
219
(III) make periodic reports to the
Board of activities conducted; and
(IV) make such other reports as
the Board or the Secretary shall re-
quire.
(2) OTHER CONTRACTS AND AGREEMENTS.—
The order shall provide that the Board, with the ap-
proval of the Secretary, may enter into a contract or
agreement for administrative services. Any contract
or agreement entered into under this paragraph
shall include provisions comparable to the provisions
described in paragraph (1)(B).
(f) BOOKS AND RECORDS OF 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 in-
spection and audit) as the Secretary may re-
quire;
(B) prepare and submit to the Secretary,
from time to time, such reports as the Sec-
retary may require; and
(C) account for the receipt and disburse-
ment of all the funds entrusted to the Board,
including all assessment funds disbursed by the
220
Board to a State organization of avocado pro-
ducers established pursuant to State law.
(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. A re-
port of each audit shall be submitted to the Sec-
retary.
(g) CONTROL OF ADMINISTRATIVE COSTS.—
(1) SYSTEM OF COST CONTROLS.—The order
shall provide that the Board shall, as soon as prac-
ticable after the order becomes effective and after
consultation with the Secretary and other appro-
priate persons, implement a system of cost controls
based on normally accepted business practices
that—
(A) will ensure that the costs incurred by
the Board in administering the order in any fis-
cal year shall not exceed 10 percent of the pro-
jected level of assessments to be collected by the
Board for that fiscal year; and
(B) cover the minimum administrative ac-
tivities and personnel needed to properly admin-
ister and enforce the order, and conduct, super-
vise, and evaluate plans and projects under the
order.
221
(2) USE OF EXISTING PERSONNEL AND FACILI-
TIES.—The Board shall use, to the extent possible,
the resources, staffs, and facilities of existing organi-
zations, as provided in subsection (e)(1)(A).
(h) ASSESSMENTS.—
(1) AUTHORITY.—
(A) IN GENERAL.—The order shall provide
that each first handler shall remit to the Board,
in the manner provided in the order, an assess-
ment collected from the producer, except to the
extent that the sale is excluded from assess-
ments under paragraph (6). In the case of im-
ports, the assessment shall be levied upon im-
ports and remitted to the Board by Customs.
(B) PUBLISHED LISTS.—To facilitate the
payment of assessments under this paragraph,
the Board shall publish lists of first handlers
required to remit assessments under the order
and exempt handlers.
(C) MAKING DETERMINATIONS.—
(i) FIRST
HANDLER
STATUS.—The
order shall contain provisions regarding
the determination of the status of a person
as a first handler or exempt handler.
223
(2) ASSESSMENT RATES.—With respect to as-
sessment rates, the order shall contain the following
terms:
(A) INITIAL
RATE.—The rate of assess-
ment on Hass avocados shall be $.025 per
pound on fresh avocados or the equivalent rate
for processed avocados on which an assessment
has not been paid.
(B) CHANGES IN THE RATE.—
(i) IN GENERAL.—Once the order in
is effect, the uniform assessment rate may
be increased or decreased not more than
once annually, but in no event shall the
rate of assessment be in excess of $.05 per
pound.
(ii) REQUIREMENTS.—Any change in
the 
rate 
of 
assessment 
under 
this
subparagraph—
(I) may be made only if adopted
by the Board by an affirmative vote of
at least seven members of the Board
and approved by the Secretary as nec-
essary to achieve the objectives of this
title (after public notice and oppor-
tunity for comment in accordance
224
with section 553 of title 5, United
States Code, and without regard to
sections 556 and 557 of such title);
(II) shall be announced by the
Board not less than 30 days prior to
going into effect; and
(III) shall not be subject to a
vote in a referendum conducted under
section 1206.
(3) COLLECTION BY FIRST HANDLERS.—Except
as provided in paragraph (1)(C)(iii), the first han-
dler of Hass avocados shall be responsible for the
collection of assessments from the producer under
this subsection. As part of the collection of assess-
ments, the first handler shall maintain a separate
record of the Hass avocados of each producer whose
Hass avocados are so handled, including the Hass
avocados produced by the first handler.
(4) TIMING OF SUBMITTING ASSESSMENTS.—
The order shall provide that each person required to
remit assessments under this subsection shall remit
to the Board the assessment due from each sale of
Hass avocados that is subject to an assessment with-
in such time period after the sale (not to exceed 60
225
days after the end of the month in which the sale
took place) as is specified in the order.
(5) CLAIMING
AN
EXEMPTION
FROM
COL-
LECTING
ASSESSMENTS.—To claim an exemption
under section 1203(6) as an exempt handler for a
particular fiscal year, a person shall submit an appli-
cation to the Board—
(A) stating the basis for such exemption;
and
(B) certifying such person will not pur-
chase Hass avocados in the United States on
which an assessment has not been paid for the
current fiscal year.
(6) EXCLUSION.—An order shall exclude from
assessments under the order any sale of Hass avoca-
dos for export from the United States.
(7) USE OF ASSESSMENT FUNDS.—The order
shall provide that assessment funds shall be used for
payment of costs incurred in implementing and ad-
ministering the order, with provision for a reason-
able reserve, and to cover the administrative costs
incurred by the Secretary in implementing and ad-
ministering this title, including any expenses in-
curred by the Secretary in conducting referenda
under this title, subject to subsection (i).
226
(8) ASSESSMENT FUNDS FOR STATE ASSOCIA-
TION.—The order shall provide that a State organi-
zation of avocado producers established pursuant to
State law shall receive an amount equal to the prod-
uct obtained by multiplying the aggregate amount of
assessments attributable to the pounds of Hass avo-
cados produced in such State by 85 percent. The
State organization shall use such funds and any pro-
ceeds from the investment of such funds for financ-
ing domestic promotion, research, consumer infor-
mation, and industry information plans and projects,
except that no such funds shall be used for the ad-
ministrative expenses of such State organization.
(9) ASSESSMENT FUNDS FOR IMPORTERS ASSO-
CIATIONS.—
(A) IN GENERAL.—The order shall provide
that any importers association shall receive a
credit described in subparagraph (B) if such as-
sociation is—
(i) established pursuant to State law
that requires detailed State regulation
comparable to that applicable to the State
organization of United States avocado pro-
ducers, as determined by the Secretary; or
227
(ii) certified by the Secretary as meet-
ing the requirements applicable to the
Board as to budgets, plans, projects, au-
dits, conflicts of interest, and reimburse-
ments for administrative costs incurred by
the Secretary.
(B) CREDIT.—An importers association
described in subparagraph (A) shall receive 85
percent of the assessments paid on Hass avoca-
dos imported by the members of such associa-
tion.
(C) USE OF FUNDS.—
(i) IN GENERAL.—Importers associa-
tions described in subparagraph (A) shall
use the funds described in subparagraph
(B) and proceeds from the investment of
such funds for financing promotion, re-
search, consumer information, and indus-
try information plans and projects in the
United States.
(ii) ADMINISTRATIVE EXPENSES.—No
funds described in subparagraph (C) shall
be used for the administrative expenses of
such importers association.
228
(i) REIMBURSEMENT OF SECRETARY EXPENSES.—
The order shall provide for reimbursing the Secretary—
(1) for expenses not to exceed $25,000 incurred
by the Secretary in connection with any referendum
conducted under section 1206;
(2) for administrative costs incurred by the Sec-
retary for supervisory work of up to 2 employee
years annually after an order or amendment to any
order has been issued and made effective; and
(3) for costs incurred by the Secretary in imple-
mentation of the order issued under section 1204,
for enforcement of the title and the order, for subse-
quent referenda conducted under section 1206, and
in defending the Board in litigation arising out of
action taken by the Board.
(j) PROHIBITION ON BRAND ADVERTISING AND CER-
TAIN CLAIMS.—
(1) PROHIBITIONS.—Except as provided in
paragraph (2), a program or project conducted
under this title shall not—
(A) make any reference to private brand
names;
(B) make false, misleading, or disparaging
claims on behalf of Hass avocados; or
229
(C) make false, misleading, or disparaging
statements with respect to the attributes or use
of any competing products.
(2) EXCEPTIONS.—Paragraph (1) does not pre-
clude the Board from offering its programs and
projects for use by commercial parties, under such
terms and conditions as the Board may prescribe as
approved by the Secretary. For the purposes of this
subsection, a reference to State of origin does not
constitute a reference to a private brand name with
regard to any funds credited to, or disbursed by the
Board to, a State organization of avocado producers
established pursuant to State law. Furthermore, for
the purposes of this section, a reference to either
State of origin or country of origin does not con-
stitute a reference to a private brand name with re-
gard to any funds credited to, or disbursed by the
Board to, any importers association established or
certified in accordance with subsection (h)(9)(A).
(k) PROHIBITION ON USE OF FUNDS TO INFLUENCE
GOVERNMENTAL ACTION.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in paragraph (2), the order shall prohibit any
funds collected by the Board under the order from
230
being used in any manner for the purpose of influ-
encing legislation or government action or policy.
(2) EXCEPTION.—Paragraph (1) shall not
apply to the development or recommendation of
amendments to the order.
(l) PROHIBITION OF CONFLICT OF INTEREST.—The
Board may not engage in, and shall prohibit the employees
and agents of the Board from engaging in, any action that
would be a conflict of interest.
(m) BOOKS AND RECORDS; REPORTS.—
(1) IN GENERAL.—The order shall provide that
each first handler, producer, and importer subject to
the order shall maintain, and make available for in-
spection, such books and records as are required by
the order and file reports at the time, in the man-
ner, and having the content required by the order,
to the end that such information is made available
to the Secretary and the Board as is appropriate for
the administration or enforcement of this title, the
order, or any regulation issued under this title.
(2) CONFIDENTIALITY REQUIREMENT.—
(A) IN
GENERAL.—Information obtained
from books, records, or reports under para-
graph (1) shall be kept confidential by all offi-
cers and employees of the Department of Agri-
231
culture and by the staff and agents of the
Board.
(B) SUITS
AND
HEARINGS.—Information
described in subparagraph (A) may be disclosed
to the public only—
(i) 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; and
(ii) to the extent the Secretary con-
siders the information relevant to the suit
or hearing.
(C) GENERAL STATEMENTS AND PUBLICA-
TIONS.—Nothing in this paragraph may be con-
strued to prohibit—
(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 state-
ments do not identify the information fur-
nished by any person; or
(ii) the publication, by direction of the
Secretary, of the name of any person who
violates the order, together with a state-
232
ment of the particular provisions of the
order violated by the person.
(3) LISTS OF IMPORTERS.—
(A) REVIEW.—The order shall provide that
the staff of the Board shall periodically review
lists of importers of Hass avocados to deter-
mine whether persons on the lists are subject to
the order.
(B) CUSTOMS SERVICE.—On the request of
the Secretary or the Board, the Commissioner
of the United States Customs Service shall pro-
vide to the Secretary or the Board lists of im-
porters of Hass avocados.
(n) CONSULTATIONS WITH INDUSTRY EXPERTS.—
(1) IN GENERAL.—The order shall provide that
the Board may seek advice from and consult with
experts from the production, import, wholesale, and
retail segments of the Hass avocado industry to as-
sist in the development of promotion, industry infor-
mation, consumer information, and related research
plans and projects.
(2) SPECIAL COMMITTEES.—
(A) IN GENERAL.—For the purposes de-
scribed in paragraph (1), the order shall au-
thorize the appointment of special committees
233
composed of persons other than Board mem-
bers.
(B) CONSULTATION.—A committee ap-
pointed under subparagraph (A) shall consult
directly with the Board.
(o) OTHER TERMS OF THE ORDER.—The order shall
contain such other terms and provisions, consistent with
this title, as are necessary to carry out this title (including
provision for the assessment of interest and a charge for
each late payment of assessments under subsection (h)).
SEC. 1206. REFERENDA.
(a) REQUIREMENTS FOR INITIAL REFERENDUM.—
(1) REFERENDUM REQUIRED.—During the 60-
day period immediately preceding the proposed effec-
tive date of an order issued under section
1204(b)(3), the Secretary shall conduct a ref-
erendum among producers and importers required to
pay assessments under the order, as provided in sec-
tion 1205(h)(1).
(2) APPROVAL OF ORDER NEEDED.—The order
shall become effective only if the Secretary deter-
mines that the order has been approved by a simple
majority of all votes cast in the referendum.
(b) VOTES PERMITTED.—
234
(1) IN GENERAL.—Each producer and importer
eligible to vote in a referendum conducted under this
section shall be entitled to cast 1 vote if they satisfy
the eligibility requirements as defined in paragraph
(2).
(2) ELIGIBILITY.—For purposes of paragraph
(1), producers and importers, as these terms are de-
fined in section 1203, shall be considered to be eligi-
ble to vote if they have been producers or importers
with sales of Hass avocados during a period of at
least 1 year prior to the referendum.
(c) MANNER OF CONDUCTING REFERENDA.—
(1) IN GENERAL.—Referenda conducted pursu-
ant to this title shall be conducted in a manner de-
termined by the Secretary.
(2) ADVANCE REGISTRATION.—A producer or
importer of Hass avocados who chooses to vote in
any referendum conducted under this title shall reg-
ister with the Secretary prior to the voting period,
after receiving notice from the Secretary concerning
the referendum under paragraph (4).
(3) VOTING.—A producer or importer of Hass
avocados who chooses to vote in any referendum
conducted under this title shall vote in accordance
with procedures established by the Secretary. The
235
ballots and other information or reports that reveal
or tend to reveal the identity or vote of voters shall
be strictly confidential.
(4) NOTICE.—The Secretary shall notify all
producers and importers at least 30 days prior to
the referendum conducted under this title. The no-
tice shall explain the procedure established under
this subsection.
(d) SUBSEQUENT REFERENDA.—If an order is ap-
proved in a referendum conducted under subsection (a),
effective beginning on the date that is 3 years after the
date of the approval, the Secretary—
(1) at the discretion of the Secretary, may con-
duct at any time a referendum of producers and im-
porters required to pay assessments under the order,
as provided in section 1205(h)(1), subject to the vot-
ing requirements of subsections (b) and (c), to ascer-
tain whether eligible producers and importers favor
suspension, termination, or continuance of the order;
or
(2) shall conduct a referendum of eligible pro-
ducers and importers if requested by the Board or
by a representative group comprising 30 percent or
more of all producers and importers required to pay
assessments under the order, as provided in section
237
(2) HEARING.—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. Any such hearing shall be
conducted in accordance with section 1209(b)(2) and
be held within the United States judicial district in
which the residence or principal place of business of
the person is located.
(3) RULING.—After a hearing under paragraph
(2), the Secretary shall make a ruling on the peti-
tion, which shall be final if in accordance with law.
(4) LIMITATION.—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 ef-
fective date of the order, provision, or obligation
subject to challenge in the petition.
(b) REVIEW.—
(1) COMMENCEMENT OF ACTION.—The district
courts of the United States in any district in which
a person who is a petitioner under subsection (a) re-
sides or conducts business shall have jurisdiction to
review the ruling of the Secretary on the petition of
the person, if a complaint requesting the review is
238
filed no later than 20 days after the date of the
entry of the ruling by the Secretary.
(2) PROCESS.—Service of process in pro-
ceedings under this subsection shall be conducted in
accordance with the Federal Rules of Civil Proce-
dure.
(3) REMAND.—If the court in a proceeding
under this subsection determines that the ruling of
the Secretary on the petition of the person 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 the court, the law requires.
(c) ENFORCEMENT.—The pendency of proceedings
instituted under this section shall not impede, hinder, or
delay the Attorney General or the Secretary from obtain-
ing relief under section 1208.
SEC. 1208. ENFORCEMENT.
(a) JURISDICTION.—A district court of the United
States shall have jurisdiction to enforce, and to prevent
and restrain any person from violating, this title or an
order or regulation issued by the Secretary under this
title.
239
(b) REFERRAL TO ATTORNEY GENERAL.—A civil ac-
tion brought under subsection (a) 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 title, or an order or regulation issued
under this title, if the Secretary believes that the adminis-
tration and enforcement of this title would be adequately
served by administrative action under subsection (c) or
suitable written notice or warning to the person who com-
mitted or is committing the violation.
(c) CIVIL PENALTIES AND ORDERS.—
(1) CIVIL PENALTIES.—
(A) IN GENERAL.—A person who violates a
provision of this title, or an order or regulation
issued by the Secretary under this title, or who
fails or refuses to pay, collect, or remit any as-
sessment or fee required of the person under an
order or regulation issued under this title, may
be assessed by the Secretary—
(i) a civil penalty of not less than
$1,000 nor more than $10,000 for each
violation; and
(ii) in the case of a willful failure to
remit an assessment as required by an
240
order or regulation, an additional penalty
equal to the amount of the assessment.
(B) SEPARATE OFFENSES.—Each violation
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 of
this title, or an order or regulation issued under this
title.
(3) NOTICE AND HEARING.—No penalty shall
be assessed, or cease and desist order issued, by the
Secretary under this subsection unless the Secretary
gives the person against whom the penalty is as-
sessed or the order is issued notice and opportunity
for a hearing before the Secretary with respect to
the violation. Any such hearing shall be conducted in
accordance with section 1209(b)(2) and shall be held
within the United States judicial district in which
the residence or principal place of business of the
person is located.
(4) FINALITY.—The penalty assessed or cease
and desist order issued under this subsection shall
be final and conclusive unless the person against
whom the penalty is assessed or the order is issued
241
files an appeal with the appropriate district court of
the United States in accordance with subsection (d).
(d) REVIEW BY DISTRICT COURT.—
(1) COMMENCEMENT OF ACTION.—
(A) IN
GENERAL.—Any person against
whom a violation is found and a civil penalty is
assessed or a cease and desist order is issued
under subsection (c) may obtain review of the
penalty or order by, within the 30-day period
beginning on the date the penalty is assessed or
the order is issued—
(i) filing a notice of appeal in the dis-
trict court of the United States for the dis-
trict in which the person resides or con-
ducts business, or in the United States
District Court for the District of Colum-
bia; and
(ii) sending a copy of the notice by
certified mail to the Secretary.
(B) COPY
OF
RECORD.—The Secretary
shall promptly file in the court a certified copy
of the record on which the Secretary found that
the person had committed a violation.
(2) STANDARD OF REVIEW.—A finding of the
Secretary shall be set aside under this subsection
242
only if the finding is found to be unsupported by
substantial evidence.
(e) FAILURE TO OBEY AN ORDER.—
(1) IN GENERAL.—A person who fails to obey
a cease and desist order issued under subsection (c)
after the order has become final and unappealable,
or after the appropriate United States district court
had entered a final judgment in favor of the Sec-
retary of not more than $10,000 for each offense,
after opportunity for a hearing and for judicial re-
view under the procedures specified in subsections
(c) and (d).
(2) SEPARATE VIOLATIONS.—Each day during
which the person fails to obey an order described in
paragraph (1) shall be considered as a separate vio-
lation of the order.
(f) FAILURE TO PAY A PENALTY.—
(1) IN GENERAL.—If a person fails to pay a
civil penalty assessed under subsection (c) or (e)
after the penalty has become final and unappealable,
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 any
243
United States district court in which the person re-
sides or conducts business.
(2) SCOPE OF REVIEW.—In an action by the
Attorney General under paragraph (1), the validity
and appropriateness of a civil penalty shall not be
subject to review.
(g) ADDITIONAL REMEDIES.—The remedies provided
in this title shall be in addition to, and not exclusive of,
other remedies that may be available.
SEC. 1209. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) INVESTIGATIONS.—The Secretary may conduct
such investigations as the Secretary considers necessary
for the effective administration of this title, or to deter-
mine whether any person has engaged or is engaging in
any act that constitutes a violation of this title or any
order or regulation issued under this title.
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—
(1) INVESTIGATIONS.—For the purpose of con-
ducting an investigation under subsection (a), the
Secretary may administer oaths and affirmations,
subpoena witnesses, compel the attendance of wit-
nesses, take evidence, and require the production of
any records that are relevant to the inquiry. The
production of the records may be required from any
place in the United States.
244
(2) ADMINISTRATIVE HEARINGS.—For the pur-
pose of an administrative hearing held under section
1207(a)(2) or 1208(c)(3), the presiding officer may
administer oaths and affirmations, subpoena wit-
nesses, compel the attendance of witnesses, take evi-
dence, and require the production of any records
that are relevant to the inquiry. The attendance of
witnesses and the production of the records may be
required from any place in the United States.
(c) AID OF COURTS.—
(1) IN GENERAL.—In the case of contumacy by,
or refusal to obey a subpoena issued under sub-
section (b) 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 conducted, or where the person resides or con-
ducts business, in order to enforce a subpoena issued
under subsection (b).
(2) ORDER.—The court may issue an order re-
quiring the person referred to in a paragraph (1) to
comply with a subpoena referred to in paragraph
(1).
(3) FAILURE TO OBEY.—Any failure to obey
the order of the court may be punished by the court
as a contempt of court.
245
(4) PROCESS.—Process in any proceeding
under this subsection may be served in the United
States judicial district in which the person being
proceeded against resides or conducts business, or
wherever the person may be found.
SEC. 1210. CONFIDENTIALITY.
(a) PROHIBITION.—No information regarding names
of voters or how a person voted in a referendum conducted
under this title shall be made public.
(b) PENALTY.—Any person who knowingly violates
subsection (a) or the confidentiality terms of an order, as
described in section 1205(m)(2), shall be subject to a fine
of not less that $1,000 nor more than $10,000 or to im-
prisonment for not more than 1 year, or both. If the per-
son is an officer or employee of the Department of Agri-
culture or the Board, the person shall be removed from
office.
(c) ADDITIONAL PROHIBITION.—No information ob-
tained under this title may be made available to any agen-
cy or officer of the Federal Government for any purpose
other than the implementation of this title or an investiga-
tory or enforcement action necessary for the implementa-
tion of this title.
246
(d) WITHHOLDING INFORMATION FROM CONGRESS
PROHIBITED.—Nothing in this title shall be construed to
authorize the withholding of information from Congress.
SEC. 1211. AUTHORITY FOR SECRETARY TO SUSPEND OR
TERMINATE ORDER.
(a) GROUNDS FOR SUSPENSION OR TERMINATION.—
If the Secretary finds that an order, or any provision of
the order, obstructs or does not tend to effectuate the pol-
icy of this title specified in section 1202(b), the Secretary
shall terminate or suspend the operation of the order or
provision under such terms as the Secretary determines
are appropriate.
(b) EFFECT OF LACK OF APPROVAL OF ORDER.—
If, as a result of a referendum, the Secretary determines
that the order is not approved, the Secretary shall, within
180 days after making the determination, suspend, or ter-
minate, as appropriate, collection of assessments under
the order, and suspend or terminate, as appropriate, ac-
tivities under the order in an orderly manner as soon as
possible.
SEC. 1212. RULES OF CONSTRUCTION.
(a) 
TERMINATION
OR
SUSPENSION
NOT
AN
ORDER.—The termination or suspension of an order, or
a provision of an order, shall not be considered an order
under the meaning of this title.
247
(b) RIGHTS.—This title—
(1) may not be construed to provide for control
of production or otherwise limit the right of indi-
vidual Hass avocado growers, handlers and import-
ers to produce, handle, or import Hass avocados;
and
(2) shall be construed to treat all persons pro-
ducing, handling, and importing Hass avocados fair-
ly and to implement any order in an equitable man-
ner.
(c) OTHER PROGRAMS.—Nothing in this title may be
construed to preempt or supersede any other program re-
lating to Hass avocado promotion, research, industry in-
formation, and consumer information organized and oper-
ated under the laws of the United States or of a State.
SEC. 1213. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this title and the powers vested in the
Secretary by this title, including regulations relating to the
assessment of late payment charges and interest.
SEC. 1214. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for each fiscal year such sums as are necessary
to carry out this title.
248
(b) ADMINISTRATIVE
EXPENSES.—Funds appro-
priated under subsection (a) may not be used for the pay-
ment of the expenses or expenditures of the Board in ad-
ministering a provision of an order.
TITLE XIII—DEBT REDUCTION
DEPARTMENT OF THE TREASURY
BUREAU OF THE PUBLIC DEBT
GIFTS TO THE UNITED STATES FOR REDUCTION OF THE
PUBLIC DEBT
For deposit of an additional amount for fiscal year
2001 into the account established under section 3113(d)
of title 31, United States Code, to reduce the public debt,
$5,000,000,000.
This Act may be cited as the ‘‘Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001’’.
Æ