1273
HR 2646 EAS/PP
SEC. 1079. OFFICE OF SCIENCE TECHNOLOGY POLICY.
(a) IN GENERAL.—The President may—
(1) establish within the Office of Science and
Technology Policy a noncareer, senior executive serv-
ice appointment position for a Veterinary Advisor;
and
(2) appoint an individual to the position.
(b) QUALIFICATIONS; DUTIES.—The individual ap-
pointed to the position described in subsection (a) shall—
(1) hold the degree of Doctor of Veterinary Medi-
cine from an accredited or approved college of veteri-
nary medicine; and
(2) provide to the science advisor of the President
expertise in—
(A) exotic and endemic animal disease de-
tection, prevention, and control;
(B) food safety; and
(C) animal agriculture.
(c) EXECUTIVE SCHEDULE PAY RATES.—Section 5313
of title 5, United States Code, is amended by adding at
the end the following:
‘‘Veterinary Advisor, Office of Science and Tech-
nology Policy.’’.
1274
HR 2646 EAS/PP
SEC. 1079A. OPERATION OF AGRICULTURAL AND NATURAL
RESOURCE PROGRAMS ON TRIBAL TRUST
LAND.
(a) REVIEW.—The Secretary of Agriculture (referred
to in this section as the ‘‘Secretary’’), in consultation with
the Secretary of the Interior, shall conduct a review of the
operation of agricultural and natural resource programs
available to farmers and ranchers operating on tribal and
trust land, including—
(1) natural resource management programs;
(2) incentive programs; and
(3) farm income support programs.
(b) ADMINISTRATION.—The Secretary shall carry out
programs described in subsection (a) in a manner that, to
the maximum extent practicable, is consistent with the
American Indian Agricultural Resource Management Act
(25 U.S.C. 3701 et seq.).
(c) FACT-FINDING TEAM.—The Secretary shall estab-
lish a fact-finding team to obtain input from local officials
and program recipients to assist in carrying out this sec-
tion.
(d) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Con-
gress a report that describes actions taken to carry out this
section, including a plan to implement the actions.
1275
HR 2646 EAS/PP
SEC. 1079B. ASSISTANCE FOR GEOGRAPHICALLY DISADVAN-
TAGED FARMERS AND RANCHERS.
(a) DEFINITIONS.—In this section:
(1) DEPARTMENT.—The term ‘‘Department’’
means the Department of Agriculture.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means—
(A) any community-based organization,
network, or coalition of community-based organi-
zations that—
(i) has demonstrated experience in pro-
viding agricultural education or other agri-
culturally related services to geographically
disadvantaged farmers and ranchers;
(ii) has provided to the Secretary docu-
mentary evidence of work with geographi-
cally disadvantaged farmers and ranchers
during the 2-year period preceding the sub-
mission of an application for assistance
under this section; and
(iii) has not engaged in activities pro-
hibited under section 501(c)(3) of the Inter-
nal Revenue Code of 1986;
(B)(i) a land-grant college or university
that is located in an insular area (as defined in
section 1404 of the National Agricultural Re-
1276
HR 2646 EAS/PP
search, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) (as amended by section
701(a)) or in a State other than 1 of the 48 con-
tiguous States; and
(ii) any other institution of higher edu-
cation (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) that
has demonstrated experience in providing agri-
cultural education or other agriculture-related
services to geographically disadvantaged farmers
and ranchers in a region; and
(C) an Indian tribe (as defined in section
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) or na-
tional tribal organization that has demonstrated
experience in providing agriculture education or
other agriculturally related services to geographi-
cally disadvantaged farmers and ranchers in a
region.
(3) GEOGRAPHICALLY DISADVANTAGED FARMER
OR RANCHER.—The term ‘‘geographically disadvan-
taged farmer or rancher’’ means a farmer or rancher
in an insular area (as defined in section 1404 of the
National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)) (as
1277
HR 2646 EAS/PP
amended by section 701(a)) or in a State, other than
one of the 48 contiguous States.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(b) PROGRAM.—The Secretary shall carry out an as-
sistance program to encourage and assist geographically
disadvantaged farmers and ranchers—
(1) in owning and operating farms and ranches;
and
(2) in participating equitably in the full range
of agricultural programs offered by the Department.
(c) REQUIREMENTS.—The assistance program under
subsection (b) shall—
(1) enhance coordination of technical assistance
and education efforts authorized under various agri-
cultural programs; and
(2) include information on, and assistance
with—
(A) commodity, conservation, credit, rural,
and business development programs;
(B) application and bidding procedures;
(C) farm and risk management;
(D) marketing; and
1278
HR 2646 EAS/PP
(E) other activities essential to participa-
tion in agricultural and other programs of the
Department.
(d) GRANTS AND CONTRACTS.—The Secretary may
make grants to, and enter into contracts and other agree-
ments with, an eligible entity to provide information and
technical assistance under this section.
(e) REPORT.—Not later than 1 year after funds are
made available to carry out this section, the Secretary shall
submit to Congress a report that identifies barriers to effi-
cient and competitive transportation of inputs and prod-
ucts by geographically disadvantaged farmers and ranchers.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2002 through 2006.
SEC. 1079C. SENSE OF SENATE REGARDING USE OF THE
NAME GINSENG.
It is the sense of the Senate that the Commissioner of
Food and Drugs should promulgate regulations to ensure
that, for the purposes of section 403 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343), the name ‘‘gin-
seng’’ or any name that includes the word ‘‘ginseng’’ shall
be used in reference only to an herb or herbal ingredient
that—
1279
HR 2646 EAS/PP
(1) is a part of a plant of 1 of the species of the
genus Panax; and
(2) is produced in compliance with United
States law regarding the use of pesticides.
SEC. 1079D. ADJUSTED GROSS REVENUE INSURANCE PILOT
PROGRAM.
Section 523 of the Federal Crop Insurance Act (7
U.S.C. 1523) is amended by adding at the end the following:
‘‘(e) ADJUSTED GROSS REVENUE INSURANCE PILOT
PROGRAM.—
‘‘(1) IN GENERAL.—The Corporation shall carry
out, through at least the 2004 reinsurance year, the
adjusted gross revenue insurance pilot program in ef-
fect for the 2002 reinsurance year.
‘‘(2) ADDITIONAL COUNTIES.—
‘‘(A) IN GENERAL.—In addition to counties
otherwise included in the pilot program, the Cor-
poration shall include in the pilot program for
the 2003 reinsurance year at least 8 counties in
the State that produces (as of the date of enact-
ment of this subsection) the highest quantity of
specialty crops for which adjusted gross revenue
insurance under this title is not available.
‘‘(B) SELECTION
CRITERIA.—In carrying
out subparagraph (A), the Corporation shall in-
1280
HR 2646 EAS/PP
clude in the pilot program counties that (as de-
termined by the Corporation) produce a signifi-
cant quantity of specialty crops.’’.
SEC. 1079E. PASTEURIZATION.
For the purposes of any provision of Federal law under
which a food or food product is required to undergo a treat-
ment of pasteurization, the term ‘‘pasteurization’’ means
any safe treatment that—
(1) is a treatment prescribed as pasteurization
applicable to the food or food product under any Fed-
eral law (including a regulation); or
(2) has been demonstrated to the satisfaction of
the Secretary of Health and Human Services to
achieve a level of reduction in the food or food product
of the microorganisms of public health concern that—
(A) is at least as protective of the public
health as a treatment described in paragraph
(1); and
(B) is effective for a period that is at least
as long as the shelf life of the food or food prod-
uct when stored under normal, moderate, and se-
vere abuse conditions.
1281
HR 2646 EAS/PP
Subtitle E—Studies and Reports
SEC. 1081. REPORT ON POUCHED AND CANNED SALMON.
(a) IN GENERAL.—Not later than 120 days after the
date of enactment of this Act, the Secretary of Agriculture
(referred to in this section as the ‘‘Secretary’’) shall submit
to Congress a report on efforts to expand the promotion,
marketing, and purchasing of pouched and canned salmon
harvested and processed in the United States under food
and nutrition programs administered by the Secretary.
(b) COMPONENTS.—The report under subsection (a)
shall include—
(1) an analysis of pouched and canned salmon
inventories in the United States that, as of the date
on which the report is submitted, that available for
purchase;
(2) an analysis of the demand for pouched and
canned salmon and value-added products (such as
salmon ‘‘nuggets’’) by—
(A) partners of the Department of Agri-
culture (including other appropriate Federal
agencies); and
(B) consumers; and
(3) an analysis of impediments to additional
purchases 
of 
pouched 
and 
canned 
salmon,
including—
1282
HR 2646 EAS/PP
(A) any marketing issues; and
(B) recommendations for methods to resolve
those impediments.
SEC. 1082. SETTLEMENT AGREEMENT REPORT.
Not later than December 31, 2002, and annually there-
after through 2006, the Comptroller General of the United
States shall submit to Congress a report that describes all
programs and activities that States have carried out using
funds received under all phases of the Master Settlement
Agreement of 1997.
SEC. 1083. REPORT ON GENETICALLY MODIFIED PEST-PRO-
TECTED PLANTS.
(a) FINDINGS.—Congress finds that—
(1) in 2000, the Committee on Genetically Modi-
fied Pest-Protected Plants of the Board on Agriculture
and Natural Resources of the National Research
Council made several recommendations concerning
food safety, ecological research, and monitoring needs
for 
transgenic 
crops 
with 
plant 
incorporated
protectants; and
(2) the Committee recommended enhancements to
certain operational aspects of the regulatory frame-
work for agricultural biotechnology, such as—
1283
HR 2646 EAS/PP
(A) improving coordination and enhanced
consistency of review across all regulatory agen-
cies; and
(B) clarifying the scope of the regulatory ju-
risdiction of the Animal and Plant Health In-
spection Service.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that, not later than 90 days after the date of enactment
of this Act, the Secretary of Agriculture should—
(1) review the recommendations described in sub-
section (a); and
(2) submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes actions taken to implement those
recommendations by agencies within the Department
of Agriculture, including agencies that develop or im-
plement programs or objectives relating to marketing,
regulation, food safety, research, education, or eco-
nomics.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section—
(1) $10,000,000 for fiscal year 2002; and
(2) such sums as are necessary for each subse-
quent fiscal year.
1284
HR 2646 EAS/PP
SEC. 1084. STUDY OF CREATION OF LITTER BANK BY UNI-
VERSITY OF ARKANSAS.
(a) IN GENERAL.—The Secretary of Agriculture shall
conduct a study to evaluate the creation of a litter bank
by the Department of Agriculture at the University of Ar-
kansas for the purpose of enhancing health and viability
of watersheds in areas with large concentrations of animal
producing units.
(b) COMPONENTS.—In conducting the study, the Sec-
retary shall evaluate the costs, needs, and means by which
litter may be collected and distributed outside the applicable
watershed to reduce potential point source and nonpoint
source phosphorous pollution.
(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, 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 report that describes the results of the study.
SEC. 1085. STUDY OF FEASIBILITY OF PRODUCER INDEM-
NIFICATION 
FROM 
GOVERNMENT-CAUSED
DISASTERS.
(a) FINDINGS.—Congress finds that the implementa-
tion of Federal disaster assistance programs fails to ade-
quately address situations in which disaster conditions are
primarily the result of Federal action.
1285
HR 2646 EAS/PP
(b) AUTHORITY.—The Secretary of Agriculture shall
conduct a study of the feasibility of expanding eligibility
for crop insurance under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.), and noninsured crop assistance
under section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333), to agricultural
producers experiencing disaster conditions caused pri-
marily by Federal agency action.
(c) REPORT.—Not later than 150 days after the date
of enactment of this Act, the Secretary shall submit report
to the Committee on Agriculture of the House of Representa-
tives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the results
of the study, including any recommendations.
SEC. 1086. REPORT ON SALE AND USE OF PESTICIDES FOR
AGRICULTURAL USES.
Not later than 120 days after the date of enactment
of this Act, the Administrator of the Environmental Protec-
tion Agency shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report on
the manner in which the Agency is applying regulations
of the Agency governing the sale and use of pesticides for
agricultural use to electronic commerce transactions.
1286
HR 2646 EAS/PP
SEC. 1087. REPORT ON RATS, MICE, AND BIRDS.
(a) IN GENERAL.—Not later than 1 year after date
enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report on the implica-
tions of including rats, mice, and birds within the defini-
tion of animal under the Animal Welfare Act (7 U.S.C.
2131 et seq.).
(b) REQUIREMENTS.—The report under subsection (a)
shall—
(1) be completed by the Comptroller General of
the United States;
(2) contain a description of the number and
types of entities that currently use rats, mice, and
birds, and are not subjected to regulations of the De-
partment of Agriculture;
(3) contain estimates of the numbers of rats,
mice, and birds currently used in research facilities
that are not currently regulated by the United States
Department of Agriculture;
(4) contain an estimate of the additional costs
likely to be incurred by breeders and research facili-
ties resulting from the additional regulatory require-
ments needed in order to afford the same levels of pro-
tection to rats, mice, and birds as is provided for spe-
1287
HR 2646 EAS/PP
cies currently regulated by the Department of Agri-
culture, detailing the costs associated with individual
regulatory requirements;
(5) contain an estimate of the additional fund-
ing that the Animal and Plant Health Inspection
Service would require to be able to ensure that the
level of compliance with respect to other regulated
animals is not diminished by the increase in the
number of facilities that would require inspections
after a rule extending the definition to include rats,
mice, and birds goes into effect; and
(6) contain recommendations for ensuring that
the regulatory burden is no greater than that already
applied to rodent species under the Animal Welfare
Act (7 U.S.C. 2131 et seq.).
SEC. 1088. TASK FORCE ON NATIONAL INSTITUTES FOR
PLANT AND AGRICULTURAL SCIENCES.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Secretary of Agriculture
shall establish a task force to evaluate the merits of estab-
lishing 1 or more National Institutes for Plant and Agricul-
tural Sciences.
(b) MEMBERSHIP.—
1288
HR 2646 EAS/PP
(1) IN GENERAL.—The Task Force shall consist
of at least 8 members, appointed by the Secretary,
that—
(A) have a broad-based background in food,
nutrition, biotechnology, crop production meth-
ods, environmental science, or related disciplines;
and
(B) are familiar with the infrastructure
used to conduct Federal and private research,
including—
(i) the National Institutes of Health;
(ii) the National Science Foundation;
(iii) the National Aeronautics and
Space Administration;
(iv) the Department of Energy labora-
tory system;
(v) the Agricultural Research Service;
and
(vi) the Cooperative State Research
and Extension Service.
(2) PRIVATE
SECTOR.—Of the members ap-
pointed under paragraph (1), the Secretary shall ap-
point at least 6 members that are members of the pri-
vate sector, including institutions of higher education.
1289
HR 2646 EAS/PP
(3) PLANT
AND
AGRICULTURAL
SCIENCES
RE-
SEARCH.—Of the members appointed under para-
graph (1), the Secretary shall appoint at least 2
members that have an extensive background and pre-
eminence in the field of plant and agricultural
sciences research.
(4) CHAIRPERSON.—Of the members appointed
under paragraph (1), the Secretary shall designate a
Chairperson that has significant leadership experience
in educational and research institutions and in depth
knowledge of the research enterprises of the United
States.
(5) CONSULTATION.—Before appointing members
of the Task Force under this subsection, the Secretary
shall consult with the National Academy of Sciences
and the Office of Science and Technology Policy.
(c) DUTIES.—The Task Force shall—
(1) evaluate and compare—
(A) publicly funded agricultural and plant
sciences research activities, including competi-
tively awarded research; and
(B) privately funded agricultural and plant
sciences research activities;
(2) evaluate and compare—
1290
HR 2646 EAS/PP
(A) competitive publicly funded agricultural
research activities; and
(B) other forms of publicly funded research,
such as medical research;
including an assessment of the methods of evaluation,
administration, and funding;
(3) evaluate the need for competitive public plant
and agricultural sciences research necessary—
(A) to increase crop yields and produc-
tivity;
(B) to improve environmental quality;
(C) to enhance the value of farm output to
agricultural producers and consumers;
(D) to promote health and improve nutri-
tion;
(E) to enhance food safety; and
(F) to increase effective agricultural produc-
tion to meet the future needs of the growing pop-
ulation of the world, especially in developing
countries;
(4) evaluate the merits of establishing 1 or more
National Institutes for Plant and Agricultural
Sciences, that is similar to the National Institute of
Health—
1291
HR 2646 EAS/PP
(A) to coordinate competitive, innovative re-
search and technological development and inno-
vation;
(B) to ensure the necessary supply of sci-
entific personnel in order to ensure the competi-
tiveness of the United States in an increasingly
global trade market for agricultural products;
and
(C) to facilitate the integration of scientific
advances from medical sciences, engineering, and
information technologies into plant and agricul-
tural sciences; and
(5) if establishment of 1 or more National Insti-
tutes for Plant and Agricultural Sciences is rec-
ommended, provide further recommendations to the
Secretary, including recommendations on—
(A) the structure for establishing the Insti-
tutes;
(B) the location of the Institutes in 1 or
more multistate regions with preeminence in
plant, 
agricultural, 
and 
related 
biological
sciences (including in existing Federal plant and
animal research facilities and land grant insti-
tutions), in order—
1292
HR 2646 EAS/PP
(i) to use all relevant fields of knowl-
edge; and
(ii) to promote collaborative and inter-
disciplinary research; and
(C) the amount of funding necessary to es-
tablish the Institutes.
(d) REPORT.—Not later than July 1, 2003, the Task
Force shall submit to the Committee on Agriculture of the
House of Representatives, the Committee on Agriculture,
Nutrition, and Forestry of the Senate, and the Secretary
a report that describes the results of the evaluation con-
ducted under this section, including recommendations de-
scribed in subsection (c)(5).
Subtitle F—Organic Products
Promotion
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ‘‘Organic Products
Promotion, Research, and Information Act of 2002’’.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) AGRICULTURAL COMMODITY.—The term ‘‘ag-
ricultural commodity’’ means—
(A) agricultural, horticultural, viticultural,
and dairy products;
(B) livestock and the products of livestock;
1293
HR 2646 EAS/PP
(C) the products of poultry and bee raising;
(D) the products of forestry or commercial
fisheries;
(E) other commodities raised or produced
on farms, as determined appropriate by the Sec-
retary; and
(F) products processed or manufactured
from products specified in the preceding sub-
paragraphs, as determined appropriate by the
Secretary.
(2) BOARD.—The term ‘‘Board’’ means the Na-
tional Organic Products Board established under sec-
tion 1094(b).
(3) COMMODITY
PROMOTION
LAW.—The term
‘‘commodity promotion law’’ has the meaning given
the term in section 501(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C.
7401(a)).
(4) CONFLICT OF INTEREST.—The term ‘‘conflict
of interest’’ means a situation in which a member or
employee of the Board has a direct or indirect finan-
cial interest in a person that performs a service for,
or enters into a contract with, the Board for anything
of economic value.
1294
HR 2646 EAS/PP
(5) DEPARTMENT.—The term ‘‘Department’’
means the Department of Agriculture.
(6) FIRST HANDLER.—The term ‘‘first handler’’
means—
(A) the first person that buys or takes pos-
session of an organic product from a producer
for marketing; and
(B) in a case in which a producer markets
an organic product directly to consumers, the
producer.
(7) IMPORTER.—The term ‘‘importer’’ means
any person that imports an organic product from
outside the United States for sale in the United States
as a principal or as an agent, broker, or consignee of
any person.
(8) INFORMATION.—The term ‘‘information’’
means information and programs that are designed to
increase—
(A) efficiency in processing; and
(B) the development of new markets, mar-
keting strategies, increased marketing efficiency,
and activities to enhance the image of organic
products on a national or international basis.
1295
HR 2646 EAS/PP
(9) MARKET.—The term ‘‘market’’ means to sell
or to otherwise dispose of an organic product in inter-
state, foreign, or intrastate commerce.
(10) ORDER.—The term ‘‘order’’ means the order
issued by the Secretary under section 1093 that pro-
vides for a program of generic promotion, research,
and information regarding organic products designed
to—
(A) strengthen the position of organic prod-
ucts in the marketplace;
(B) maintain and expand existing domestic
and foreign markets and uses for organic prod-
ucts;
(C) develop new markets and uses for or-
ganic products; or
(D) assist producers in meeting conserva-
tion objectives.
(11) ORGANICALLY PRODUCED.—The term ‘‘or-
ganically produced’’, with respect to an agricultural
product, means produced and handled in accordance
with the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.).
(12) ORGANIC
PRODUCT.—The term ‘‘organic
product’’ means an agricultural product that is or-
ganically produced.
1296
HR 2646 EAS/PP
(13) ORGANIC PRODUCTS INDUSTRY.—The term
‘‘organic products industry’’ includes nonprofit and
other organizations representing the interests of pro-
ducers, first handlers, and importers of organic prod-
ucts.
(14) PERSON.—The term ‘‘person’’ means any
individual, group of individuals, partnership, cor-
poration, association, cooperative, or any other legal
entity.
(15) PRODUCER.—The term ‘‘producer’’ means
any person that is engaged in the production and sale
of an organic product in the United States.
(16) PROMOTION.—The term ‘‘promotion’’ means
any action taken by the Board under the order, in-
cluding paid advertising, to present a favorable image
of organic products to the public to improve the com-
petitive position of organic products in the market-
place and to stimulate sales of organic products.
(17) RESEARCH.—The term ‘‘research’’ means
any type of test, study, or analysis designed to ad-
vance the image, desirability, use, marketability, pro-
duction, product development, or quality of an or-
ganic product.
(18) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
1297
HR 2646 EAS/PP
(19) STATE.—The term ‘‘State’’ means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the
United States.
(20) SUSPEND.—The term ‘‘suspend’’ means to
issue a rule under section 553 of title 5, United States
Code, to temporarily prevent the operation of the
order during a particular period of time specified in
the rule.
(21) TERMINATE.—The term ‘‘terminate’’ means
to issue a rule under section 553 of title 5, United
States Code, to cancel permanently the operation of
the order beginning on a date certain specified in the
rule.
(22) 
UNITED
STATES.—The 
term 
‘‘United
States’’, when used in a geographical sense, means all
of the States.
SEC. 1093. ISSUANCE OF ORDERS.
(a) ORDER.—
(1) IN GENERAL.—To effectuate the purpose of
this subtitle, the Secretary may issue, and amend
from time to time, an order applicable to—
(A) producers of organic products;
1328
HR 2646 EAS/PP
any action that constitutes or will constitute a viola-
tion of this subtitle or any order or regulation issued
under this subtitle.
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—
(1) IN GENERAL.—For the purpose of any inves-
tigation under subsection (a), the Secretary may ad-
minister oaths and affirmations, subpoena witnesses,
compel the attendance of witnesses, take evidence, and
require the production of any records or documents
that are relevant to the inquiry.
(2) SCOPE.—The attendance of witnesses and the
production of records or documents 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 the in-
vestigation or proceeding is carried on, or where the
person resides or carries on business, in order to re-
quire the attendance and testimony of the person or
the production of records or documents.
(2) ACTION BY COURT.—The court may issue an
order requiring the person to appear before the Sec-
1329
HR 2646 EAS/PP
retary to produce records or documents or to give tes-
timony regarding the matter under investigation.
(d) CONTEMPT.—Any failure to obey the order of the
court may be punished by the court as a contempt of the
court.
(e) PROCESS.—Process in any case under this section
may be served—
(1) in the judicial district in which the person
resides or carries on business; or
(2) wherever the person may be found.
SEC. 1098C. SUSPENSION OR TERMINATION.
(a) MANDATORY SUSPENSION OR TERMINATION.—The
Secretary shall suspend or terminate an order or a provi-
sion of an order if the Secretary determines that—
(1) an order or a provision of an order obstructs
or does not tend to effectuate the purpose of this sub-
title; or
(2) an order or a provision of an order is not
favored by persons voting in a referendum conducted
under section 1097.
(b) IMPLEMENTATION
OF SUSPENSION
OR TERMI-
NATION.—If, as a result of a referendum conducted under
section 1097, the Secretary determines that an order is not
approved, the Secretary shall—