[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 994 Engrossed in Senate (ES)]

103d CONGRESS

  1st Session

                                 S. 994

_______________________________________________________________________

                                 AN ACT

  To authorize the establishment of a fresh cut flowers and fresh cut 
 greens promotion and consumer information program for the benefit of 
 the floricultural industry and other persons, and for other purposes.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
103d CONGRESS
  1st Session
                                 S. 994

_______________________________________________________________________

                                 AN ACT


 
  To authorize the establishment of a fresh cut flowers and fresh cut 
 greens promotion and consumer information program for the benefit of 
 the floricultural industry and other persons, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fresh Cut Flowers 
and Fresh Cut Greens Promotion and Information Act of 1993''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and declaration of policy.
Sec. 3. Definitions.
Sec. 4. Issuance of orders.
Sec. 5. Required terms in orders.
Sec. 6. Exclusion; determinations.
Sec. 7. Referenda.
Sec. 8. Petition and review.
Sec. 9. Enforcement.
Sec. 10. Investigations and power to subpoena.
Sec. 11. Confidentiality.
Sec. 12. Authority for Secretary to suspend or terminate order.
Sec. 13. Construction.
Sec. 14. Regulations.
Sec. 15. Authorization of appropriations.

SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds that--
            (1) fresh cut flowers and fresh cut greens are an integral 
        part of life in the United States, are enjoyed by millions of 
        persons every year for a multitude of special purposes 
        (especially important personal events), and contribute a 
        natural and beautiful element to the human environment;
            (2)(A) cut flowers and cut greens are produced by many 
        individual producers throughout the United States as well as in 
        other countries, and are handled and marketed by thousands of 
        small-sized and medium-sized businesses; and
            (B) the production, handling, and marketing of cut flowers 
        and cut greens constitute a key segment of the United States 
        horticultural industry and thus a significant part of the 
        overall agricultural economy of the United States;
            (3) handlers play a vital role in the marketing of cut 
        flowers and cut greens in that handlers--
                    (A) purchase most of the cut flowers and cut greens 
                marketed by producers;
                    (B) prepare the cut flowers and cut greens for 
                retail consumption;
                    (C) serve as an intermediary between the source of 
                the product and the retailer;
                    (D) otherwise facilitate the entry of cut flowers 
                and cut greens into the current of domestic commerce; 
                and
                    (E) add efficiencies to the market process that 
                ensure the availability of a much greater variety of 
                the product to retailers and consumers;
            (4) it is widely recognized that it is in the public 
        interest and important to the agricultural economy of the 
        United States to provide an adequate, steady supply of cut 
        flowers and cut greens at reasonable prices to the consumers of 
        the United States;
            (5)(A) cut flowers and cut greens move in interstate and 
        foreign commerce; and
            (B) cut flowers and cut greens that do not move in 
        interstate or foreign channels of commerce but only in 
        intrastate commerce directly affect interstate commerce in cut 
        flowers and cut greens;
            (6) the maintenance and expansion of markets in existence 
        on the date of enactment of this Act, and the development of 
        new or improved markets or uses for cut flowers and cut greens, 
        are needed to preserve and strengthen the economic viability of 
        the domestic cut flowers and cut greens industry for the 
        benefit of producers, handlers, retailers, and the entire 
        floral industry;
            (7) generic programs of promotion and consumer information 
        can be effective in maintaining and developing markets for cut 
        flowers and cut greens, and have the advantage of equally 
        enhancing the market position for all cut flowers and cut 
        greens;
            (8) because cut flowers and cut greens producers are 
        primarily agriculture-oriented rather than promotion-oriented, 
        and because the floral marketing industry within the United 
        States is comprised mainly of small-sized and medium-sized 
        businesses, the development and implementation of an adequate 
        and coordinated national program of generic promotion and 
        consumer information necessary for the maintenance of markets 
        in existence on the date of enactment of this Act and the 
        development of new markets for cut flowers and cut greens have 
        been prevented;
            (9) there exist established State and commodity-specific 
        producer-funded programs of promotion and research that are 
        valuable efforts to expand markets for domestic producers of 
        cut flowers and cut greens and that will benefit from the 
        promotion and consumer information program authorized by this 
        Act in that the program will enhance the market development 
        efforts of the programs for domestic producers;
            (10) an effective and coordinated method for ensuring 
        cooperative and collective action in providing for and 
        financing a nationwide program of generic promotion and 
        consumer information is needed to ensure that the cut flowers 
        and cut greens industry will be able to provide, obtain, and 
        implement programs of promotion and consumer information 
        necessary to maintain, expand, and develop markets for cut 
        flowers and cut greens; and
            (11) the most efficient method of financing such a 
        nationwide program is to assess cut flowers and cut greens at 
        the point at which the flowers and greens are sold by handlers 
        into the retail market.
    (b) Policy and Purpose.--It is the policy of Congress that it is in 
the public interest, and it is the purpose of this Act, to authorize 
the establishment, through the exercise of the powers provided in this 
Act, of an orderly procedure for the development and financing (through 
an adequate assessment on cut flowers and cut greens sold by handlers 
to retailers and related entities in the United States) of an effective 
and coordinated program of generic promotion, consumer information, and 
related research designed to strengthen the position of the cut flowers 
and cut greens industry in the marketplace and to maintain, develop, 
and expand markets for cut flowers and cut greens.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Consumer information.--The term ``consumer 
        information'' means any action or program that provides 
        information to consumers and other persons on appropriate uses 
        under varied circumstances, and on the care and handling, of 
        cut flowers or cut greens.
            (2) Cut flowers and cut greens.--
                    (A) In general.--
                            (i) Cut flowers.--The term ``cut flowers'' 
                        includes all flowers cut from growing plants 
                        that are used as fresh-cut flowers and that are 
                        produced under cover or in field operations.
                            (ii) Cut greens.--The term ``cut greens'' 
                        includes all cultivated or noncultivated 
                        decorative foliage cut from growing plants that 
                        are used as fresh-cut decorative foliage 
                        (except Christmas trees) and that are produced 
                        under cover or in field operations.
                            (iii) Exclusions.--The terms ``cut 
                        flowers'' and ``cut greens'' do not include a 
                        foliage plant, floral supply, or flowering 
                        plant.
                    (B) Substantial portion.--In any case in which a 
                handler packages cut flowers or cut greens with hard 
                goods in an article (such as a gift basket or similar 
                presentation) for sale to a retailer, the PromoFlor 
                Council may determine, under procedures specified in 
                the order, that the cut flowers or cut greens in the 
                article do not constitute a substantial portion of the 
                value of the article and that, based on the 
                determination, the article shall not be treated as an 
                article of cut flowers or cut greens subject to 
                assessment under the order.
            (3) Gross sales price.--The term ``gross sales price'' 
        means the total amount of the transaction in a sale of cut 
        flowers or cut greens from a handler to a retailer or exempt 
        handler.
            (4) Handler.--
                    (A) Qualified handler.--
                            (i) In general.--The term ``qualified 
                        handler'' means a person (including a 
                        cooperative) operating in the cut flowers or 
                        cut greens marketing system--
                                    (I) that sells domestic or imported 
                                cut flowers or cut greens to retailers 
                                and exempt handlers; and
                                    (II) whose annual sales of cut 
                                flowers and cut greens to retailers and 
                                exempt handlers are $750,000 or more.
                            (ii) Inclusions and exclusions.--
                                    (I) In general.--The term 
                                ``qualified handler'' includes--
                                            (aa) bouquet manufacturers 
                                        (subject to paragraph (2)(B));
                                            (bb) an auction house that 
                                        clears the sale of cut flowers 
                                        and cut greens to retailers and 
                                        exempt handlers through a 
                                        central clearinghouse; and
                                            (cc) a distribution center 
                                        that is owned or controlled by 
                                        a retailer if the predominant 
                                        retail business activity of the 
                                        retailer is floral sales.
                                    (II) Transfers.--For the purpose of 
                                determining sales of cut flowers and 
                                cut greens to a retailer from a 
                                distribution center described in 
                                subclause (I)(cc), each non-sale 
                                transfer to a retailer shall be treated 
                                as a sale in an amount calculated as 
                                provided in subparagraph (C).
                                    (III) Transportation or delivery.--
                                The term ``qualified handler'' does not 
                                include a person who only physically 
                                transports or delivers cut flowers or 
                                cut greens.
                            (iii) Construction.--
                                    (I) In general.--The term 
                                ``qualified handler'' includes an 
                                importer or producer that sells cut 
                                flowers or cut greens that the importer 
                                or producer has imported into the 
                                United States or produced, 
                                respectively, directly to consumers and 
                                whose sales of the cut flowers and cut 
                                greens (as calculated under 
                                subparagraph (C)), together with sales 
                                of cut flowers and cut greens to 
                                retailers or exempt handlers, annually 
                                are $750,000 or more.
                                    (II) Sales.--Each direct sale to a 
                                consumer by a qualified handler 
                                described in subclause (I) shall be 
                                treated as a sale to a retailer or 
                                exempt handler in an amount calculated 
                                as provided in subparagraph (C).
                                    (III) Definitions.--As used in this 
                                paragraph:
                                            (aa) Importer.--The term 
                                        ``importer'' has the meaning 
                                        provided in section 
                                        5(b)(2)(B)(i)(I).
                                            (bb) Producer.--The term 
                                        ``producer'' has the meaning 
                                        provided in section 
                                        5(b)(2)(B)(ii)(I).
                    (B) Exempt handler.--The term ``exempt handler'' 
                means a person who would otherwise be considered to be 
                a qualified handler, except that the annual sales by 
                the person of cut flowers and cut greens to retailers 
                and other exempt handlers are less than $750,000.
                    (C) Annual sales determined.--
                            (i) In general.--Except as provided in 
                        clause (ii), for the purpose of determining the 
                        amount of annual sales of cut flowers and cut 
                        greens under subparagraphs (A) and (B), the 
                        amount of a sale shall be determined on the 
                        basis of the gross sales price of the cut 
                        flowers and cut greens sold.
                            (ii) Transfers.--
                                    (I) Non-sale transfers and direct 
                                sales by importers.--Subject to 
                                subclause (III), in the case of a non-
                                sale transfer of cut flowers or cut 
                                greens from a distribution center (as 
                                described in subparagraph (A)(ii)(II)), 
                                or a direct sale to a consumer by an 
                                importer (as described in subparagraph 
                                (A)(iii)), the amount of the sale shall 
                                be equal to the sum of--
                                            (aa) the price paid by the 
                                        distribution center or 
                                        importer, respectively, to 
                                        acquire the cut flowers or cut 
                                        greens; and
                                            (bb) an amount determined 
                                        by multiplying the acquisition 
                                        price referred to in item (aa) 
                                        by a uniform percentage 
                                        established by an order to 
                                        represent the mark-up of a 
                                        wholesale handler on a sale to 
                                        a retailer.
                                    (II) Direct sales by producers.--
                                Subject to subclause (III), in the case 
                                of a direct sale to a consumer by a 
                                producer (as described in subparagraph 
                                (A)(iii)), the amount of the sale shall 
                                be equal to an amount determined by 
                                multiplying the price paid by the 
                                consumer by a uniform percentage 
                                established by an order to represent 
                                the cost of producing the article and 
                                the mark-up of a wholesale handler on a 
                                sale to a retailer.
                                    (III) Changes in uniform 
                                percentages.--Any change in a uniform 
                                percentage referred to in subclause (I) 
                                or (II) may become effective after--
                                            (aa) recommendation by the 
                                        PromoFlor Council; and
                                            (bb) approval by the 
                                        Secretary after public notice 
                                        and opportunity for comment in 
                                        accordance with section 553 of 
                                        title 5, United States Code, 
                                        and without regard to sections 
                                        556 and 557 of such title.
            (5) Order.--The term ``order'' means an order issued under 
        this Act (other than sections 9, 10, and 12).
            (6) Person.--The term ``person'' means any individual, 
        group of individuals, firm, partnership, corporation, joint 
        stock company, association, society, cooperative, or other 
        legal entity.
            (7) PromoFlor council.--The term ``PromoFlor Council'' 
        means the Fresh Cut Flowers and Fresh Cut Greens Promotion 
        Council established under section 5(b).
            (8) Promotion.--The term ``promotion'' means any action 
        determined by the Secretary to advance the image, desirability, 
        or marketability of cut flowers or cut greens, including paid 
        advertising.
            (9) Research.--The term ``research'' means market research 
        and studies limited to the support of advertising, market 
        development, and other promotion efforts and consumer 
        information efforts relating to cut flowers or cut greens, 
        including educational activities.
            (10) Retailer.--
                    (A) In general.--The term ``retailer'' means a 
                person (such as a retail florist, supermarket, mass 
                market retail outlet, or other end-use seller), as 
                described in an order, that sells cut flowers or cut 
                greens to consumers, and a distribution center 
                described in subparagraph (B)(i).
                    (B) Distribution centers.--
                            (i) In general.--The term ``retailer'' 
                        includes a distribution center that is--
                                    (I) owned or controlled by a person 
                                described in subparagraph (A), or owned 
                                or controlled cooperatively by a group 
                                of the persons, if the predominant 
                                retail business activity of the person 
                                is not floral sales; or
                                    (II) independently owned but 
                                operated primarily to provide food 
                                products to retail stores.
                            (ii) Importers and producers.--An 
                        independently owned distribution center 
                        described in clause (i)(II) that also is an 
                        importer or producer of cut flowers or cut 
                        greens shall be subject to the rules of 
                        construction specified in paragraph (4)(A)(iii) 
                        and, for the purpose of the rules of 
                        construction, be considered to be the seller of 
                        the articles directly to the consumer.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (12) 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, the 
        Federated States of Micronesia, and the Republic of Palau 
        (until such time as the Compact of Free Association is 
        ratified).
            (13) United states.--The term ``United States'' means the 
        States collectively.

SEC. 4. ISSUANCE OF ORDERS.

    (a) In General.--
            (1) Issuance.--To effectuate the policy of this Act 
        specified in section 2(b), the Secretary, subject to the 
        procedures provided in subsection (b), shall issue orders under 
        this Act applicable to qualified handlers of cut flowers and 
        cut greens.
            (2) Scope.--Any order shall be national in scope.
            (3) One order.--Not more than 1 order shall be in effect at 
        any 1 time.
    (b) Procedures.--
            (1) Proposal for an order.--
                    (A) Secretary.--The Secretary may propose the 
                issuance of an order.
                    (B) Other persons.--An industry group that 
                represents a substantial number of the industry members 
                who are to be assessed under the order, or any other 
                person who will be affected by this Act, may request 
                the issuance of, and submit a proposal for, an order.
            (2) Publication of proposal.--The Secretary shall publish a 
        proposed order and give notice and opportunity for public 
        comment on the proposed order not later than 60 days after the 
        earlier of--
                    (A) the date on which the Secretary proposes an 
                order, as provided in paragraph (1)(A); and
                    (B) the date of the receipt by the Secretary of a 
                proposal for an order, as provided in paragraph (1)(B).
            (3) Issuance of order.--
                    (A) In general.--After notice and opportunity for 
                public comment are provided in accordance 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 
                Act.
                    (B) Effective date.--The order shall be issued and 
                become effective 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 Act applicable to an order shall be 
applicable to any amendment to an order.

SEC. 5. REQUIRED TERMS IN ORDERS.

    (a) In General.--An order shall contain the terms and provisions 
specified in this section.
    (b) PromoFlor Council.--
            (1) Establishment and membership.--
                    (A) Establishment.--The order shall provide for the 
                establishment of a Fresh Cut Flowers and Fresh Cut 
                Greens Promotion Council, consisting of 25 members, to 
                administer the order.
                    (B) Membership.--
                            (i) Appointment.--The order shall provide 
                        that members of the PromoFlor Council shall be 
                        appointed by the Secretary from nominations 
                        submitted as provided in paragraphs (2) and 
                        (3).
                            (ii) Composition.--The PromoFlor Council 
                        shall consist of--
                                    (I) participating qualified 
                                handlers representing qualified 
                                wholesale handlers and producers and 
                                importers that are qualified handlers;
                                    (II) representatives of traditional 
                                retailers; and
                                    (III) representatives of persons 
                                who produce fresh cut flowers and fresh 
                                cut greens.
            (2) Distribution of appointments.--
                    (A) In general.--The order shall provide that the 
                membership of the PromoFlor Council shall consist of--
                            (i) 14 members representing qualified 
                        wholesale handlers of domestic or imported cut 
                        flowers and cut greens;
                            (ii) 3 members representing producers that 
                        are qualified handlers of cut flowers and cut 
                        greens;
                            (iii) 3 members representing importers that 
                        are qualified handlers of cut flowers and cut 
                        greens;
                            (iv) 3 members representing traditional cut 
                        flowers and cut greens retailers; and
                            (v) 2 members representing persons who 
                        produce fresh cut flowers and fresh cut greens, 
                        of whom--
                                    (I) 1 member shall represent 
                                persons who produce the flowers or 
                                greens in locations that are east of 
                                the Mississippi River; and
                                    (II) 1 member shall represent 
                                persons who produce the flowers or 
                                greens in locations that are west of 
                                the Mississippi River.
                    (B) Definitions.--As used in this subsection:
                            (i) Importer that is a qualified handler.--
                        The term ``importer that is a qualified 
                        handler'' means an entity--
                                    (I) whose principal activity is the 
                                importation of cut flowers or cut 
                                greens into the United States (either 
                                directly or as an agent, broker, or 
                                consignee of any person or nation that 
                                produces or handles cut flowers or cut 
                                greens outside the United States for 
                                sale in the United States); and
                                    (II) that is subject to assessments 
                                as a qualified handler under the order.
                            (ii) Producer that is a qualified 
                        handler.--The term ``producer that is a 
                        qualified handler'' means an entity that--
                                    (I) is engaged--
                                            (aa) in the domestic 
                                        production, for sale in 
                                        commerce, of cut flowers or cut 
                                        greens and that owns or shares 
                                        in the ownership and risk of 
                                        loss of the cut flowers or cut 
                                        greens; or
                                            (bb) as a first processor 
                                        of noncultivated cut greens, in 
                                        receiving the cut greens from a 
                                        person who gathers the cut 
                                        greens for handling; and
                                    (II) is subject to assessments as a 
                                qualified handler under the order.
                            (iii) Qualified wholesale handler.--
                                    (I) In general.--The term 
                                ``qualified wholesale handler'' means a 
                                person in business as a floral 
                                wholesale jobber or floral supplier 
                                that is subject to assessments as a 
                                qualified handler under the order.
                                    (II) Definitions.--As used in this 
                                clause:
                                            (aa) Floral supplier.--The 
                                        term ``floral supplier'' means 
                                        a person engaged in acquiring 
                                        cut flowers or cut greens to be 
                                        manufactured into floral 
                                        articles or otherwise processed 
                                        for resale.
                                            (bb) Floral wholesale 
                                        jobber.--The term ``floral 
                                        wholesale jobber'' means a 
                                        person who conducts a 
                                        commission or other wholesale 
                                        business in buying and selling 
                                        cut flowers or cut greens.
                    (C) Distribution of qualified wholesale handler 
                appointments.--The order shall provide that the 
                appointments of qualified wholesale handlers to the 
                PromoFlor Council made by the Secretary shall take into 
                account the geographical distribution of cut flowers 
                and cut greens markets in the United States.
            (3) Nomination process.--The order shall provide that--
                    (A) 2 nominees shall be submitted for each 
                appointment to the PromoFlor Council;
                    (B) nominations for each appointment of a qualified 
                wholesale handler, producer that is a qualified 
                handler, or importer that is a qualified handler to the 
                PromoFlor Council shall be made by qualified wholesale 
                handlers, producers that are qualified handlers, or 
                importers that are qualified handlers, respectively, 
                through an election process, in accordance with 
                regulations issued by the Secretary;
                    (C) nominations for--
                            (i) 1 of the retailer appointments shall be 
                        made by the American Floral Marketing Council 
                        or a successor entity; and
                            (ii) 2 of the retailer appointments shall 
                        be made by traditional retail florist 
                        organizations, in accordance with regulations 
                        issued by the Secretary;
                    (D) nominations for each appointment of a 
                representative of persons who produce fresh cut flowers 
                and fresh cut greens shall be made by the persons 
                through an election process, in accordance with 
                regulations issued by the Secretary; and
                    (E) in any case in which qualified wholesale 
                handlers, producers that are qualified handlers, 
                importers that are qualified handlers, persons who 
                produce fresh cut flowers and fresh cut greens, or 
                retailers fail to nominate individuals for an 
                appointment to the PromoFlor Council, the Secretary may 
                appoint 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 PromoFlor Council by the Secretary 
        in accordance with procedures specified in the order.
            (5) Terms; compensation.--The order shall provide that--
                    (A) each term of appointment to the PromoFlor 
                Council shall be for 3 years, except that, of the 
                initial appointments, 9 of the appointments shall be 
                for 2-year terms, 8 of the appointments shall be for 3-
                year terms, and 8 of the appointments shall be for 4-
                year terms;
                    (B) no member of the PromoFlor Council may serve 
                more than 2 consecutive terms of 3 years, except that 
                any member serving an initial term of 4 years may serve 
                an additional term of 3 years; and
                    (C) members of the PromoFlor Council shall serve 
                without compensation, but shall be reimbursed for the 
                expenses of the members incurred in performing duties 
                as members of the PromoFlor Council.
            (6) Executive committee.--
                    (A) Establishment.--
                            (i) In general.--The order shall authorize 
                        the PromoFlor Council to appoint, from among 
                        the members of the Council, an executive 
                        committee of not more than 9 members.
                            (ii) Initial membership.--The membership of 
                        the executive committee initially shall be 
                        composed of--
                                    (I) 4 members representing 
                                qualified wholesale handlers;
                                    (II) 2 members representing 
                                producers that are qualified handlers;
                                    (III) 2 members representing 
                                importers that are qualified handlers; 
                                and
                                    (IV) 1 member representing 
                                traditional retailers.
                            (iii) Subsequent membership.--After the 
                        initial appointments, each appointment to the 
                        executive committee shall be made so as to 
                        ensure that the committee reflects, to the 
                        maximum extent practicable, the membership 
                        composition of the PromoFlor Council as a 
                        whole.
                            (iv) Terms.--Each initial appointment to 
                        the executive committee shall be for a term of 
                        2 years. After the initial appointments, each 
                        appointment to the executive committee shall be 
                        for a term of 1 year.
                    (B) Authority.--The PromoFlor Council may delegate 
                to the executive committee the authority of the 
                PromoFlor Council under the order to hire and manage 
                staff and conduct the routine business of the PromoFlor 
                Council consistent with such policies as are determined 
                by the PromoFlor Council.
    (c) General Responsibilities of the PromoFlor Council.--The order 
shall define the general responsibilities of the PromoFlor Council, 
which shall include the responsibility to--
            (1) administer the order in accordance with the terms and 
        provisions of the order;
            (2) make rules and regulations to effectuate the terms and 
        provisions of the order;
            (3) appoint members of the PromoFlor Council to serve on an 
        executive committee;
            (4) employ such persons as the PromoFlor Council determines 
        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
            (B) propose and develop (or receive and evaluate), approve, 
        and submit to the Secretary for approval under subsection (d) 
        plans and projects for cut flowers or cut greens promotion, 
        consumer information, or related research;
            (6)(A) implement plans and projects for cut flowers or cut 
        greens promotion, consumer information, or related research, as 
        provided in subsection (d); or
            (B) contract or enter into agreements with appropriate 
        persons to implement the plans and projects, as provided in 
        subsection (e), and pay the costs of the implementation, or 
        contracts and agreements, with funds received under the order;
            (7) evaluate on-going and completed plans and projects for 
        cut flowers or cut greens promotion, consumer information, or 
        related research;
            (8) receive, investigate, and report to the Secretary 
        complaints of violations of the order;
            (9) recommend to the Secretary amendments to the order;
            (10) invest, pending disbursement under a plan or project, 
        funds collected through assessments authorized under this Act 
        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 certificate of 
                deposit of a bank that is a member of the Federal 
                Reserve System; or
                    (D) obligations fully guaranteed as to principal 
                and interest by the United States,
        except that income from any such invested funds may be used 
        only for a purpose for which the invested funds may be used; 
        and
            (11) provide the Secretary such information as the 
        Secretary may require.
    (d) Budgets; Plans and Projects.--
            (1) Submission of budgets.--The order shall require the 
        PromoFlor Council to submit to the Secretary for approval 
        budgets, on a fiscal year basis, of the anticipated expenses 
        and disbursements of the Council in the implementation of the 
        order, including the projected costs of cut flowers and cut 
        greens promotion, consumer information, and related research 
        plans and projects.
            (2) Plans and projects.--
                    (A) Promotion and consumer information.--The order 
                shall provide--
                            (i) for the establishment, implementation, 
                        administration, and evaluation of appropriate 
                        plans and projects for advertising, sales 
                        promotion, other promotion, and consumer 
                        information with respect to cut flowers and cut 
                        greens, and for the disbursement of necessary 
                        funds for the purposes described in this 
                        clause;
                            (ii) that any plan or project referred to 
                        in clause (i) shall be directed toward 
                        increasing the general demand for cut flowers 
                        or cut greens and may not make reference to a 
                        private brand or trade name, point of origin, 
                        or source of supply, except that this clause 
                        shall not preclude the PromoFlor Council from 
                        offering the plans and projects of the Council 
                        for use by commercial parties, under terms and 
                        conditions prescribed by the PromoFlor Council 
                        and approved by the Secretary; and
                            (iii) that no plan or project may make use 
                        of unfair or deceptive acts or practices with 
                        respect to quality or value.
                    (B) Research.--The order shall provide for--
                            (i) the establishment, implementation, 
                        administration, and evaluation of plans and 
                        projects for--
                                    (I) market development research;
                                    (II) research with respect to the 
                                sale, distribution, marketing, or use 
                                of cut flowers or cut greens; and
                                    (III) other research with respect 
                                to cut flowers or cut greens marketing, 
                                promotion, or consumer information;
                            (ii) the dissemination of the information 
                        acquired through the plans and projects; and
                            (iii) the disbursement of such funds as are 
                        necessary to carry out this subparagraph.
                    (C) Submission to secretary.--The order shall 
                provide that the PromoFlor Council shall submit to the 
                Secretary for approval a proposed plan or project for 
                cut flowers or cut greens promotion, consumer 
                information, or related research, as described in 
                subparagraphs (A) and (B).
            (3) Approval by secretary.--A budget, or plan or project 
        for cut flowers or cut greens promotion, consumer information, 
        or related research may not be implemented prior to approval of 
        the budget, plan, or project by the Secretary.
    (e) Contracts and Agreements.--
            (1) Promotion, consumer information, and related research 
        plans and projects.--
                    (A) In general.--To ensure efficient use of funds, 
                the order shall provide that the PromoFlor Council, 
                with the approval of the Secretary, may enter into a 
                contract or an agreement for the implementation of a 
                plan or project for promotion, consumer information, or 
                related research with respect to cut flowers or cut 
                greens, and for the payment of the cost of the contract 
                or agreement with funds received by the PromoFlor 
                Council under the order.
                    (B) Requirements.--The order shall provide 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 PromoFlor Council a 
                        plan or project, together with a budget that 
                        includes the estimated costs to be incurred for 
                        the plan or project;
                            (ii) the plan or project shall become 
                        effective on the approval of the Secretary; and
                            (iii) the contracting or agreeing party 
                        shall--
                                    (I) keep accurate records of all of 
                                the transactions of the party;
                                    (II) account for funds received and 
                                expended;
                                    (III) make periodic reports to the 
                                PromoFlor Council of activities 
                                conducted; and
                                    (IV) make such other reports as the 
                                PromoFlor Council or the Secretary may 
                                require.
            (2) Other contracts and agreements.--The order shall 
        provide that the PromoFlor Council 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 the PromoFlor Council.--
            (1) In general.--The order shall require the PromoFlor 
        Council to--
                    (A) maintain such books and records (which shall be 
                available to the Secretary for inspection and audit) as 
                the Secretary may require;
                    (B) prepare and submit to the Secretary, from time 
                to time, such reports as the Secretary may require; and
                    (C) account for the receipt and disbursement of all 
                funds entrusted to the PromoFlor Council.
            (2) Audits.--The PromoFlor Council shall cause the books 
        and records of the Council to be audited by an independent 
        auditor at the end of each fiscal year. A report of each audit 
        shall be submitted to the Secretary.
    (g) Control of Administrative Costs.--The order shall provide that 
the PromoFlor Council shall, as soon as practicable after the order 
becomes effective and after consultation with the Secretary and other 
appropriate persons, implement a system of cost controls based on 
normally accepted business practices that will ensure that the annual 
budgets of the PromoFlor Council include only amounts for 
administrative expenses that cover the minimum administrative 
activities and personnel needed to properly administer and enforce the 
order, and conduct, supervise, and evaluate plans and projects under 
the order.
    (h) Assessments.--
            (1) Authority.--
                    (A) In general.--The order shall provide that each 
                qualified handler shall pay to the PromoFlor Council, 
                in the manner provided in the order, an assessment on 
                each sale of cut flowers or cut greens to a retailer or 
                an exempt handler (including each transaction described 
                in subparagraph (C)(ii)), except to the extent that the 
                sale is excluded from assessments under section 6(a).
                    (B) Published lists.--To facilitate the payment of 
                assessments under this paragraph, the PromoFlor Council 
                shall publish lists of qualified handlers required to 
                pay assessments under the order and exempt handlers.
                    (C) Making determinations.--
                            (i) Qualified handler status.--The order 
                        shall contain provisions regarding the 
                        determination of the status of a person as a 
                        qualified handler or exempt handler that 
                        include the rules and requirements specified in 
                        sections 3(4) and 6(b).
                            (ii) Certain covered transactions.--
                                    (I) In general.--The order shall 
                                provide that each non-sale transfer of 
                                cut flowers or cut greens to a retailer 
                                from a qualified handler that is a 
                                distribution center (as described in 
                                section 3(4)(A)(ii)(II)), and each 
                                direct sale of cut flowers or cut 
                                greens to a consumer by a qualified 
                                handler that is an importer or a 
                                producer (as described in section 
                                3(4)(A)(iii)), shall be treated as a 
                                sale of cut flowers or cut greens to a 
                                retailer subject to assessments under 
                                this subsection.
                                    (II) Amount of sale in the case of 
                                non-sale transfers and direct sales by 
                                importers.--Subject to subclause (IV), 
                                in the case of a non-sale transfer of 
                                cut flowers or cut greens from a 
                                distribution center, or a direct sale 
                                to a consumer by an importer, the 
                                amount of the sale shall be equal to 
                                the sum of--
                                            (aa) the price paid by the 
                                        distribution center or 
                                        importer, respectively, to 
                                        acquire the cut flowers or cut 
                                        greens; and
                                            (bb) an amount determined 
                                        by multiplying the acquisition 
                                        price referred to in item (aa) 
                                        by a uniform percentage 
                                        established by the order to 
                                        represent the mark-up of a 
                                        wholesale handler on a sale to 
                                        a retailer.
                                    (III) Direct sales by producers.--
                                Subject to subclause (IV), in the case 
                                of a direct sale to a consumer by a 
                                producer, the amount of the sale shall 
                                be equal to an amount determined by 
                                multiplying the price paid by the 
                                consumer by a uniform percentage 
                                established by the order to represent 
                                the cost of producing the article and 
                                the mark-up of a wholesale handler on a 
                                sale to a retailer.
                                    (IV) Changes in uniform 
                                percentages.--Any change in a uniform 
                                percentage referred to in subclause 
                                (II) or (III) may become effective 
                                after--
                                            (aa) recommendation by the 
                                        PromoFlor Council; and
                                            (bb) approval by the 
                                        Secretary after public notice 
                                        and opportunity for comment in 
                                        accordance with section 553 of 
                                        title 5, United States Code, 
                                        and without regard to sections 
                                        556 and 557 of such title.
            (2) Assessment rates.--With respect to assessment rates, 
        the order shall contain the following terms:
                    (A) Initial rate.--During the first 3 years the 
                order is in effect, the rate of assessment on each sale 
                or transfer of cut flowers or cut greens shall be \1/2\ 
                of 1 percent of--
                            (i) the gross sales price of the cut 
                        flowers or cut greens sold; or
                            (ii) in the case of transactions described 
                        in paragraph (1)(C)(ii), the amount of each 
                        transaction calculated as provided in paragraph 
                        (1)(C)(ii).
                    (B) Changes in the rate.--
                            (i) In general.--After the first 3 years 
                        the order is in effect, the uniform assessment 
                        rate may be increased or decreased annually by 
                        not more than .25 percent of--
                                    (I) the gross sales price of a 
                                product sold; or
                                    (II) in the case of transactions 
                                described in paragraph (1)(C)(ii), the 
                                amount of each transaction calculated 
                                as provided in paragraph (1)(C)(ii),
                        except that the assessment rate may in no case 
                        exceed 1 percent of the gross sales price or 1 
                        percent of the transaction amount.
                            (ii) Requirements.--Any change in the rate 
                        of assessment under this subparagraph--
                                    (I) may be made only if adopted by 
                                the PromoFlor Council by at least a \2/
                                3\ majority vote and approved by the 
                                Secretary as necessary to achieve the 
                                objectives of this Act (after public 
                                notice and opportunity for comment in 
                                accordance 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 
                                PromoFlor Council 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 7.
            (3) Timing of submitting assessments.--The order shall 
        provide that each person required to pay assessments under this 
        subsection shall remit, to the PromoFlor Council, the 
        assessment due from each sale by the person of cut flowers or 
        cut greens that is subject to an assessment within such time 
        period after the sale (not to exceed 60 days after the end of 
        the month in which the sale took place) as is specified in the 
        order.
            (4) Refunds from escrow account.--
                    (A) Establishment of escrow account.--The order 
                shall provide that the PromoFlor Council shall--
                            (i) establish an escrow account to be used 
                        for assessment refunds, as needed; and
                            (ii) place into the account an amount equal 
                        to 10 percent of the total amount of 
                        assessments collected during the period 
                        beginning on the date the order becomes 
                        effective, as provided in section 4(b)(3)(B), 
                        and ending on the date the initial referendum 
                        on the order under section 7(a) is completed.
                    (B) Right to receive refund.--
                            (i) In general.--The order shall provide 
                        that, subject to subparagraph (C) and the 
                        conditions specified in clause (ii), any 
                        qualified handler shall have the right to 
                        demand and receive from the PromoFlor Council 
                        out of the escrow account a one-time refund of 
                        any assessments paid by or on behalf of the 
                        qualified handler during the time period 
                        specified in subparagraph (A)(ii), if--
                                    (I) the qualified handler is 
                                required to pay the assessments;
                                    (II) the qualified handler does not 
                                support the program established under 
                                this Act;
                                    (III) the qualified handler demands 
                                the refund prior to the conduct of the 
                                referendum on the order under section 
                                7(a); and
                                    (IV) the order is not approved by 
                                qualified handlers in the referendum.
                            (ii) Conditions.--The right of a qualified 
                        handler to receive a refund under clause (i) 
                        shall be subject to the following conditions:
                                    (I) The demand shall be made in 
                                accordance with regulations, on a form, 
                                and within a time period specified by 
                                the PromoFlor Council.
                                    (II) The refund shall be made only 
                                on submission of proof satisfactory to 
                                the PromoFlor Council that the 
                                qualified handler paid the assessment 
                                for which the refund is demanded.
                                    (III) If the amount in the escrow 
                                account required under subparagraph (A) 
                                is not sufficient to refund the total 
                                amount of assessments demanded by all 
                                qualified handlers determined eligible 
                                for refunds and the order is not 
                                approved in the referendum on the order 
                                under section 7(a), the PromoFlor 
                                Council shall prorate the amount of all 
                                such refunds among all eligible 
                                qualified handlers that demand the 
                                refund.
                    (C) Program approved.--The order shall provide 
                that, if the order is approved in the referendum 
                conducted under section 7(a), there shall be no refunds 
                made, and all funds in the escrow account shall be 
                returned to the PromoFlor Council for use by the 
                PromoFlor Council in accordance with the other 
                provisions of the order.
            (5) Use of assessment funds.--The order shall provide that 
        assessment funds (less any refunds expended under the terms of 
        the order required under paragraph (4)) shall be used for 
        payment of costs incurred in implementing and administering the 
        order, with provision for a reasonable reserve, and to cover 
        the administrative costs incurred by the Secretary in 
        implementing and administering this Act.
            (6) Postponement of collections.--
                    (A) Authority.--
                            (i) In general.--Subject to the other 
                        provisions of this paragraph and 
                        notwithstanding any other provision of this 
                        Act, the PromoFlor Council may grant a 
                        postponement of the payment of an assessment 
                        under this subsection for any qualified handler 
                        that establishes that the handler is 
                        financially unable to make the payment.
                            (ii) Requirements and procedures.--A 
                        handler described in clause (i) shall establish 
                        that the handler is financially unable to make 
                        the payment in accordance with application and 
                        documentation requirements and review 
                        procedures established under rules recommended 
                        by the PromoFlor Council, approved by the 
                        Secretary, and issued after public notice and 
                        opportunity for comment in accordance with 
                        section 553 of title 5, United States Code, and 
                        without regard to sections 556 and 557 of such 
                        title.
                    (B) Criteria and responsibility for 
                determinations.--The PromoFlor Council may grant a 
                postponement under subparagraph (A) only if the handler 
                demonstrates by the submission of an opinion of an 
                independent certified public accountant, and by 
                submission of other documentation required under the 
                rules established under subparagraph (A)(ii), that the 
                handler is insolvent or will be unable to continue to 
                operate if the handler is required to pay the 
                assessment when otherwise due.
                    (C) Period of postponement.--
                            (i) In general.--The time period of a 
                        postponement and the terms and conditions of 
                        the payment of each assessment that is 
                        postponed under this paragraph shall be 
                        established by the PromoFlor Council, in 
                        accordance with rules established under the 
                        procedures specified in subparagraph (A)(ii), 
                        so as to appropriately reflect the demonstrated 
                        needs of the qualified handler.
                            (ii) Extensions.--A postponement may be 
                        extended under rules established under the 
                        procedures specified in subparagraph (A)(ii) 
                        for the grant of initial postponements.
    (i) Prohibition.--The order shall prohibit the use of any funds 
received by the PromoFlor Council in any manner for the purpose of 
influencing legislation or government action or policy, except that the 
funds may be used by the PromoFlor Council for the development and 
recommendation to the Secretary of amendments to the order.
    (j) Books and Records; Reports.--
            (1) In general.--The order shall provide that each 
        qualified handler shall maintain, and make available for 
        inspection, such books and records as are required by the order 
        and file reports at the time, in the manner, and having the 
        content required by the order, to the end that such information 
        is made available to the Secretary and the PromoFlor Council as 
        is appropriate for the administration or enforcement of this 
        Act, the order, or any regulation issued under this Act.
            (2) Confidentiality requirement.--
                    (A) In general.--Information obtained from books, 
                records, or reports under paragraph (1) or subsection 
                (h)(6), or from reports required under section 6(b)(3), 
                shall be kept confidential by all officers and 
                employees of the Department of Agriculture and by the 
                staff and agents of the PromoFlor Council.
                    (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 considers 
                        the information relevant to the suit or 
                        hearing.
                    (C) General statements and publications.--Nothing 
                in this paragraph may be construed to prohibit--
                            (i) the issuance of general statements, 
                        based on the reports, of the number of persons 
                        subject to the order or statistical data 
                        collected from the reports, if the statements 
                        do not identify the information furnished 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 statement 
                        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 PromoFlor Council shall periodically review 
                lists of importers of cut flowers and cut greens to 
                determine whether persons on the lists are subject to 
                the order.
                    (B) Customs service.--On the request of the 
                PromoFlor Council, the Commissioner of the United 
                States Customs Service shall provide to the PromoFlor 
                Council lists of importers of cut flowers and cut 
                greens.
    (k) Consultations With Industry Experts.--
            (1) In general.--The order shall provide that the PromoFlor 
        Council, from time to time, may seek advice from and consult 
        with experts from the production, import, wholesale, and retail 
        segments of the cut flowers and cut greens industry to assist 
        in the development of promotion, consumer information, and 
        related research plans and projects.
            (2) Special committees.--
                    (A) In general.--For the purposes described in 
                paragraph (1), the order shall authorize the 
                appointment of special committees composed of persons 
                other than PromoFlor Council members.
                    (B) Consultation.--A committee appointed under 
                subparagraph (A)--
                            (i) may not provide advice or 
                        recommendations to a representative of an 
                        agency, or an officer, of the Federal 
                        Government; and
                            (ii) shall consult directly with the 
                        PromoFlor Council.
    (l) Other Terms of the Order.--The order shall contain such other 
terms and provisions, consistent with this Act, as are necessary to 
carry out this Act (including provision for the assessment of interest 
and a charge for each late payment of assessments under subsection (h) 
and for carrying out section 6).

SEC. 6. EXCLUSION; DETERMINATIONS.

    (a) Exclusion.--An order shall exclude from assessments under the 
order any sale of cut flowers or cut greens for export from the United 
States.
    (b) Making Determinations.--
            (1) In general.--For the purpose of applying the $750,000 
        annual sales limitation to a specific person in order to 
        determine the status of the person as a qualified handler or an 
        exempt handler under section 3(4), or to a specific facility in 
        order to determine the status of the facility as an eligible 
        separate facility under section 7(b)(2), an order issued under 
        this Act shall provide that--
                    (A) a determination of the annual sales volume of a 
                person or facility shall be based on the sales of cut 
                flowers and cut greens by the person or facility during 
                the most recently-completed calendar year, except as 
                provided in subparagraph (B); and
                    (B) in the case of a new business or other 
                operation for which complete data on sales during all 
                or part of the most recently-completed calendar year 
                are not available to the PromoFlor Council, the 
                determination may be made using an alternative time 
                period or other alternative procedure specified in the 
                order.
            (2) Rule of attribution.--
                    (A) In general.--For the purpose of determining the 
                annual sales volume of a person or a separate facility 
                of a person, sales attributable to a person shall 
                include--
                            (i) in the case of an individual, sales 
                        attributable to the spouse, children, 
                        grandchildren, parents, and grandparents of the 
                        person;
                            (ii) in the case of a partnership or member 
                        of a partnership, sales attributable to the 
                        partnership and other partners of the 
                        partnership;
                            (iii) in the case of an individual or a 
                        partnership, sales attributable to any 
                        corporation or other entity in which the 
                        individual or partnership owns more than 50 
                        percent of the stock or (if the entity is not a 
                        corporation) that the individual or partnership 
                        controls; and
                            (iv) in the case of a corporation, sales 
                        attributable to any corporate subsidiary or 
                        other corporation or entity in which the 
                        corporation owns more than 50 percent of the 
                        stock or (if the entity is not a corporation) 
                        that the corporation controls.
                    (B) Stock and ownership interest.--For the purpose 
                of this paragraph, stock or an ownership interest in an 
                entity that is owned by the spouse, children, 
                grandchildren, parents, grandparents, or partners of an 
                individual, or by a partnership in which a person is a 
                partner, or by a corporation more than 50 percent of 
                the stock of which is owned by a person, shall be 
                treated as owned by the individual or person.
            (3) Reports.--For the purpose of this subsection, the order 
        may require a person who sells cut flowers or cut greens to 
        retailers to submit reports to the PromoFlor Council on annual 
        sales by the person.

SEC. 7. REFERENDA.

    (a) Requirement for Initial Referendum.--
            (1) In general.--Not later than 3 years after the issuance 
        of an order under section 4(b)(3), the Secretary shall conduct 
        a referendum among qualified handlers required to pay 
        assessments under the order, as provided in section 5(h)(1), 
        subject to the voting requirements of subsection (b), to 
        ascertain whether the order then in effect shall be continued.
            (2) Approval of order needed.--The order shall be continued 
        only if the Secretary determines that the order has been 
        approved by a simple majority of all votes cast in the 
        referendum. If the order is not approved, the Secretary shall 
        terminate the order as provided in subsection (d).
    (b) Votes Permitted.--
            (1) In general.--Each qualified handler eligible to vote in 
        a referendum conducted under this section shall be entitled to 
        cast 1 vote for each separate facility of the person that is an 
        eligible separate facility, as defined in paragraph (2).
            (2) Eligible separate facility.--For the purpose of 
        paragraph (1):
                    (A) Separate facility.--A handling or marketing 
                facility of a qualified handler shall be considered to 
                be a separate facility if the facility is physically 
                located away from other facilities of the qualified 
                handler or the business function of the facility is 
                substantially different from the functions of other 
                facilities owned or operated by the qualified handler.
                    (B) Eligibility.--A separate facility of a 
                qualified handler shall be considered to be an eligible 
                separate facility if the annual sales of cut flowers 
                and cut greens to retailers and exempt handlers from 
                the facility are $750,000 or more.
                    (C) Annual sales determined.--For the purpose of 
                determining the amount of annual sales of cut flowers 
                and cut greens under subparagraph (B), subparagraphs 
                (A) and (C) of section 3(4) shall apply.
    (c) Suspension or Termination Referenda.--If an order is approved 
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 conduct at any 
        time a referendum of qualified handlers required to pay 
        assessments under the order, as provided in section 5(h)(1), 
        subject to the voting requirements of subsection (b), to 
        ascertain whether qualified handlers favor suspension or 
        termination of the order; and
            (2) if requested by the PromoFlor Council or by a 
        representative group comprising 30 percent or more of all 
        qualified handlers required to pay assessments under the order, 
        as provided in section 5(h)(1), shall conduct a referendum of 
        all qualified handlers required to pay assessments under the 
        order, as provided in section 5(h)(1), subject to the voting 
        requirements of subsection (b), to ascertain whether qualified 
        handlers favor suspension or termination of the order.
    (d) Suspension or Termination.--If, as a result of the referendum 
conducted under subsection (a), the Secretary determines that the order 
has not been approved by a simple majority of all votes cast in the 
referendum, or as a result of a referendum conducted under subsection 
(c), the Secretary determines that suspension or termination of the 
order is favored by a simple majority of all votes cast in the 
referendum, the Secretary shall--
            (1) not later than 180 days after the referendum, suspend 
        or terminate, as appropriate, collection of assessments under 
        the order; and
            (2) suspend or terminate, as appropriate, activities under 
        the order as soon as practicable and in an orderly manner.
    (e) Manner of Conducting Referenda.--Referenda under this section 
shall be conducted in such manner as is determined appropriate by the 
Secretary.

SEC. 8. PETITION AND REVIEW.

    (a) Petition and Hearing.--
            (1) Petition.--A person subject to an order may file with 
        the Secretary a petition--
                    (A) stating that the order, any provision of the 
                order, or any obligation imposed in connection with the 
                order is not in accordance with law; and
                    (B) requesting a modification of the order or an 
                exemption from the order.
            (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 10(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 petition, which shall be 
        final if in accordance with law.
    (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) resides 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 filed not later than 20 days after the date of the 
        entry of the ruling by the Secretary.
            (2) Process.--Service of process in proceedings under this 
        subsection shall be conducted in accordance with the Federal 
        Rules of Civil Procedure.
            (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 
                of 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 obtaining relief under section 9.

SEC. 9. 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 Act or an order or regulation issued by the Secretary 
under this Act.
    (b) Referral to Attorney General.--A civil action 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 Act, or an order or 
regulation issued under this Act, if the Secretary believes that the 
administration and enforcement of this Act would be adequately served 
by administrative action under subsection (c) or suitable written 
notice or warning to the person who committed or is committing the 
violation.
    (c) Civil Penalties and Orders.--
            (1) Civil penalties.--
                    (A) In general.--A person who violates a provision 
                of this Act, or an order or regulation issued by the 
                Secretary under this Act, or who fails or refuses to 
                pay, collect, or remit any assessment or fee required 
                of the person under an order or regulation issued under 
                this Act, may be assessed by the Secretary--
                            (i) a civil penalty of not less than $500 
                        nor more than $5,000 for each violation; and
                            (ii) in the case of a willful failure to 
                        remit an assessment as required by an 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 Act, or an order or regulation issued under 
        this Act.
            (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 assessed 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 10(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 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 order issued--
                            (i) filing a notice of appeal in the 
                        district court of the United States for the 
                        district in which the person resides or 
                        conducts business, or in the United States 
                        District Court for the District of Columbia; 
                        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 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 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).
            (2) Separate violations.--Each day during which the person 
        fails to obey an order described in paragraph (1) shall be 
        considered as a separate violation 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 
        United States district court in which the person resides or 
        conducts business.
            (2) Scope of review.--In an action by the Attorney General 
        under paragraph (1), 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 whether any person has engaged or is engaging 
in any act that constitutes a violation of this Act or any order or 
regulation issued under this Act.
    (b) Subpoenas, Oaths, and Affirmations.--
            (1) Investigations.--For the purpose of making an 
        investigation under subsection (a), the Secretary may 
        administer oaths and affirmations, and issue subpoenas to 
        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.
            (2) Administrative hearings.--For the purpose of an 
        administrative hearing held under section 8(a)(2) or 9(c)(3), 
        the presiding officer may administer oaths and affirmations, 
        subpoena witnesses, compel the attendance of witnesses, take 
        evidence, and require the production of any records that are 
        relevant to the inquiry. The attendance of witnesses and the 
        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 subsection (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 
        conducts business, in order to enforce a subpoena issued under 
        subsection (b).
            (2) Order.--The court may issue an order requiring the 
        person referred to in 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. 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 who knowingly violates subsection (a) or 
the confidentiality terms of an order, as described in section 5(j)(2), 
shall be subject to a fine of not less than $1,000 nor more than 
$10,000 or to imprisonment for not more than 1 year, or both. If the 
person is an officer or employee of the Department of Agriculture or 
the PromoFlor Council, the person shall be removed from office.
    (c) Additional Prohibition.--No information obtained 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 investigatory or enforcement action necessary for the implementation 
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.

    If the Secretary finds that an order, or any provision of the 
order, obstructs or does not tend to effectuate the policy of this Act 
specified in section 2(b), the Secretary shall terminate or suspend the 
operation of the order or provision under such terms as the Secretary 
determines are appropriate.

SEC. 13. 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 individual cut 
        flowers and cut greens producers to produce cut flowers and cut 
        greens; and
            (2) shall be construed to treat all persons producing cut 
        flowers and cut greens fairly and to implement any order in an 
        equitable manner.
    (c) Other Programs.--Nothing in this Act may be construed to 
preempt or supersede any other program relating to cut flowers or cut 
greens promotion and consumer information organized and operated under 
the laws of the United States or a State.

SEC. 14. REGULATIONS.

    The Secretary may issue such regulations as are necessary 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. 15. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each 
fiscal year such sums as are necessary to carry out this Act.
    (b) Administrative Expenses.--Funds appropriated under subsection 
(a) may not be used for the payment of the expenses or expenditures of 
the PromoFlor Council in administering a provision of an order.

            Passed the Senate November 20 (legislative day, November 
      2), 1993.

            Attest:






                                                             Secretary.

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