Subsection (c) also provides that process in any proceeding under it can be served in the United States judicial district in which the person being proceeded against resides or conducts business or wherever such person might be found.

Section 11-Confidentiality

Subsection (a) of section 11 states that no information on how a person voted in a referendum conducted under the bill could be made public.

Subsection (b) of section 11 provides penalties for violations of the confidentiality provisions of subsection (a) or of section 5(j) of the bill (protecting information provided by qualified handlers and others required to submit information under a cut flowers and cut greens order, as provided in section 5(j) or 6(b) of the bill). It states that any person knowingly violating one of these confidentiality provisions, on conviction, will be subject to a fine of not less than $1,000 nor more than $10,000 or to imprisonment for not more than one year, or both. Further, if the violator is an officer or employee of the Department of Agriculture or the PromoFlor Council, the person would be removed from office.

Subsection (c) of section 11 contains a further prohibition on the release of information under the bill. It states that no information obtained under the bill could be made available to any agency or officer of the Federal Government for any purpose other than the implementation of the bill and any investigatory or enforcement actions necessary for the implementation of the bill.

Subsection (d) of section 11 states that nothing in the bill is to be construed to authorize the withholding of information from Congress.

Section 12-Authority for Secretary to suspend or terminate order

Section 12 provides that, whenever the Secretary of Agriculture finds that a cut flowers or cut greens order issued under the bill, or any provision of the order, obstructs or does not tend to effectuate the declared policy of the bill set out in section 2(b), the Secretary must terminate or suspend the operation of such order or provision under such terms as the Secretary determines appropriate.

Section 13-Construction

Section 13 provides several rules of construction to aid in the implementation of the bill.

Subsection (a) of section 13 states that the termination or suspension of a cut flowers and cut greens order, or any provision of the order, is not to be considered an order under the meaning of the bill. Among other things, this rule means that the act of suspending or terminating the order (whether based on a referendum vote or under section 12) will not be subject to the rulemaking requirements of section 4 or to an additional referendum.

Subsection (b) of section 13 states that nothing in the bill is to be construed to provide for control of production or otherwise limit the right of individual producers to produce cut flowers and cut greens. It also states that the bill is to be construed to treat all per

sons producing cut flowers and cut greens fairly and to implement any cut flowers and cut greens order equitably in every respect.

Subsection (c) of section 13 states that nothing in the bill is to 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 any State.

Section 14-Regulations

Section 14 will authorize the Secretary of Agriculture to issue such regulations as are necessary to carry out the bill and the powers vested in the Secretary by the bill, including regulations relating to the assessment of late payment charges.

Section 15-Authorization of appropriations

Subsection (a) of section 15 will authorize to be appropriated for each fiscal year such sums as are necessary to carry out the bill. Subsection (b) of section 15 provides, however, that no funds appropriated under subsection (a) could be used for payment of the expenses or expenditures of the PromoFlor Council in administering any provision of a cut flowers and cut greens order.

CBO COST ESTIMATE

In compliance with paragraph 11(a) of rule XXVI of the Standing Rules of the Senate, the Committee has included the cost estimate provided by the Congressional Budget Office.

Hon. LEON E. PANETTA,

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,
Washington, DC, November 24, 1993.

Director, Office of Management and Budget,
Washington, DC.

DEAR MR. PANETTA: The Congressional Budget Office, after consulting with the Committees on the Budget of the House of Representatives and the Senate, provides the following estimate of the pay-as-you-go effects of S. 994, the Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, as required by section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. The Congress completed action on S. 994 on November 21, 1993.

S. 994 would require the creation of an industry-funded research and promotion program for cut flowers and cut greens. The bill would establish assessments on industry members and create a council of industry representatives to develop budgets, propose and implement plans for consumer information and research, and manage the funds of the program. The council would collect the assessments and use the proceeds to conduct promotional, informational, and research programs and to reimburse the Department of Agri

culture for costs it would incur in implementing the program. These transactions would have no net effect on the federal budget. S. 994 would affect revenues because it would provide for the assessment of civil and criminal penalties. Outlays would also be affected because criminal penalties are deposited in the Crime Victims Fund and spent, without appropriation action, in the following year. CBO estimates that the effect of the bill on revenues and outlays in each year would be negligible.

If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Dave Hull.

Sincerely,

JAMES L. BLUM (For Robert D. Reischauer, Director).

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing Rules of the Senate, the Committee made the following evaluation of the regulatory impact which would be incurred in carrying out S. 994. The Committee believes that the operation of the existing promotion programs demonstrate that such programs do not place an undue regulatory burden on any individual or business. This bill could result in some additional paperwork and recordkeeping requirements. However, in no case should these paperwork requirements be excessive or burdensome. The legislation also includes provisions requiring that relevant business data remain confidential. Thus, there should not be a negative impact upon the privacy of any individual.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, the Committee finds no changes in existing law caused by passage of S. 994.