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unappealable, or after the appropriate United States dis-
trict court has entered a final judgment in favor of the
Secretary, shall be subject to a civil penalty assessed by
the Secretary of not more than $5,000 for each offense,
after opportunity for a hearing and for judicial review
under the procedures specified in subsections (c) and (d).
Each day during which such failure continues shall be con-
sidered as a separate violation of such order.
(f) FAILURE TO PAY A PENALTY.—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 en-
tered final judgment in favor of the Secretary, the Sec-
retary shall refer the matter to the Attorney General for
recovery of the amount assessed in any United States dis-
trict court in which the person resides or carries on busi-
ness. In such action, the validity and appropriateness of
the civil penalty shall not be subject to review.
(g) ADDITIONAL REMEDIES.—The remedies provided
in this Act shall be in addition to, and not exclusive of,
other remedies that may be available.
SEC. 10. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) INVESTIGATIONS.—The Secretary may make such
investigations as the Secretary considers necessary for the
effective administration of this Act, or to determine wheth-
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er any person has engaged or is engaging in any act that
constitutes a violation of this Act, or any order or regula-
tion issued under this Act.
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—
(1) IN GENERAL.—For the purpose of an inves-
tigation under subsection (a), the Secretary may ad-
minister oaths and affirmations, and issue subpoe-
nas to require the production of any records that are
relevant to the inquiry. The production of any such
records may be required from any place in the
United States.
(2) ADMINISTRATIVE HEARINGS.—For the pur-
pose of an administrative hearing held under section
8(a)(2) or 9(c)(3), the presiding officer may admin-
ister oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require
the production of any records that are relevant to
the inquiry. Such attendance of witnesses and the
production of any such 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 to, any person,
the Secretary may invoke the aid of any court of the
United States within the jurisdiction of which such
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investigation or proceeding is carried on, or where
such person resides or carries on business, in order
to enforce a subpoena issued under subsection (b).
The court may issue an order requiring such person
to comply with such a subpoena. Any failure to obey
such order of the court may be punished by such
court as a contempt thereof.
(2) 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 carries on business or
wherever such person may be found.
SEC. 11. CONFIDENTIALITY.
(a) PROHIBITION.—No information on how a person
voted in a referendum conducted under this Act shall be
made public.
(b) PENALTY.—Any person knowingly violating sub-
section (a) or the confidentiality terms of an order, as de-
scribed in section 5(j)(2), on conviction shall be subject
to a fine of not less than $1,000 nor more than $10,000
or to imprisonment for not more than one year, or both,
and, if an officer or employee of the Department of Agri-
culture or the PromoFlor Council, shall be removed from
office.
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(c) ADDITIONAL PROHIBITION.—No information ob-
tained under this Act may be made available to any agency
or officer of the Federal Government for any purpose
other than the implementation of this Act and any inves-
tigatory or enforcement actions necessary for the imple-
mentation of this Act.
(d) WITHHOLDING INFORMATION FROM CONGRESS
PROHIBITED.—Nothing in this Act shall be construed to
authorize the withholding of information from Congress.
SEC. 12. AUTHORITY FOR SECRETARY TO SUSPEND OR
TERMINATE ORDER.
Whenever the Secretary finds that an order issued
under this Act, or any provision of the order, obstructs
or does not tend to effectuate the declared policy of this
Act, the Secretary shall terminate or suspend the oper-
ation of such order or provision under such terms as the
Secretary determines appropriate.
SEC. 13. CONSTRUCTION.
(a) 
TERMINATION
OR
SUSPENSION
NOT
AN
ORDER.—The termination or suspension of an order, or
any provision thereof, shall not be considered an order
under the meaning of this Act.
(b) PRODUCER RIGHTS.—Nothing in this Act may be
construed to provide for control of production or otherwise
limit the right of individual cut flowers and cut greens
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producers to produce cut flowers and cut greens. This Act
seeks to treat all persons producing cut flowers and cut
greens fairly and to implement any order established here-
under equitably in every respect.
(c) OTHER PROGRAMS.—Nothing in this Act may be
construed to preempt or supersede any other program re-
lating to cut flowers or cut greens promotion and
consumer information organized and operated under the
laws of the United States or any State.
SEC. 14. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this Act and the powers vested in the
Secretary by this Act, including regulations relating to the
assessment of late payment charges.
SEC. 15. 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 Act.
(b) ADMINISTRATIVE
EXPENSES.—Funds appro-
priated under subsection (a) may not be used for payment
of the expenses or expenditures of the PromoFlor Council
in administering any provision of an order issued under
this Act.
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SEC. 16. SEPARABILITY.
If any provision of this Act or the application thereof
to any person or circumstances is held invalid, the validity
of the remainder of the Act and of the application of such
provision to other persons and circumstances shall not be
affected thereby.
Æ
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