compel the attendance of witnesses, take evidence,
and require the production of any records that are
relevant to the inquiry. The attendance of witnesses
and the 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.
(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. 10. CONFIDENTIALITY.
(a) PROHIBITION.—No information regarding names
of voters or how a person voted in a referendum conducted
under this Act shall be made public.
(b) PENALTY.—Any person who knowingly violates
subsection (a) or the confidentiality terms of an order, as
described in section 5(k)(2), shall be subject to a fine of
not less that $1,000 nor more than $10,000 or to impris-
onment for not more than 1 year, or both. If the person
is an officer or employee of the Department of Agriculture
or the Board, the person shall be removed from office.
(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 or an investiga-
tory or enforcement action necessary for the implementa-
tion 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. 11. 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 Act specified in section 2(b), the Secretary shall
terminate or suspend the operation of the order or provi-
sion under such terms as the Secretary determines are ap-
propriate.
(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. 12. 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 Act.
(b) PRODUCER RIGHTS.—This Act—
(1) may not be construed to provide for control
of production or otherwise limit the right of indi-
vidual Hass avocado growers to produce Hass avoca-
dos; and
(2) shall be construed to treat all persons pro-
ducing Hass avocados fairly and to implement any
order in an equitable manner.
(c) RELATIONSHIP
BETWEEN
SECRETARY
AND
BOARD.—In carrying out the Secretary’s responsibilities
to oversee the collection and disbursement of assessment
funds and the operation of the program within the provi-
sions of this Act, no official or employee of the Depart-
ment shall attempt to make decisions as to the best use
of assessment funds or shape the program to the personal
preference of the official or employee. The Secretary’s re-
sponsibility is to ensure that the program operates in a
manner consistent with this Act and other applicable law.
The Board shall retain sole authority to structure the
projects and activities within the limits established by this
Act and the order issued pursuant to this Act, and the
Secretary shall not substitute its judgment to modify or
alter such projects and activities. The Secretary shall
eliminate any unnecessary regulatory costs or require-
ments to the industry in carrying out the Secretary’s over-
sight and regulatory responsibilities and shall promote the
most efficient use of producer and importer assessments.
(d) OTHER PROGRAMS.—Nothing in this Act may be
construed to preempt or supersede any other program re-
lating to Hass avocado promotion and consumer informa-
tion organized and operated under the laws of the United
States or of a State.
SEC. 13. 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 and interest.
SEC. 14. 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 the pay-
ment of the expenses or expenditures of the Board in ad-
ministering a provision of an order.
Æ