7 USC 6311 - Authorization of appropriations; regulations

Collapse to view only § 6311. Authorization of appropriations; regulations

§ 6301. Findings and declaration of policy
§ 6302. Definitions
§ 6303. Issuance and amendment of orders
§ 6304. Required terms in orders
§ 6305. Referenda
§ 6306. Petition and review
§ 6307. Enforcement
§ 6308. Investigations and power to subpoena
§ 6309. Administrative provisions
§ 6310. Suspension or termination of orders
§ 6311. Authorization of appropriations; regulations

§ 6301. Findings and declaration of policy

(a) Findings

Congress finds that—

(1) soybeans are an important source of nutritious foods that are a valuable part of the human diet and are an important feedstuff for the livestock industry;

(2) the production of soybeans plays a significant role in the economy of the United States in that soybeans are produced by thousands of soybean producers, processed by numerous processing entities, and soybeans and soybean products produced in the United States are consumed by people and livestock throughout the United States and foreign countries;

(3) soybeans and soybean products should be readily available and marketed efficiently to ensure that consumers have an adequate supply of soybean products at a reasonable price;

(4) the maintenance and expansion of existing markets and development of new markets for soybeans and soybean products are vital to the welfare of soybean producers and processors and those concerned with marketing soybeans and soybean products, as well as to the general economy of the United States, and are necessary to ensure the ready availability and efficient marketing of soybeans and soybean products;

(5) there exist established State and national organizations conducting soybean promotion, research, and consumer education programs that are valuable to the efforts of promoting the consumption of soybeans and soybean products;

(6) the cooperative development, financing, and implementation of a coordinated national program of soybean promotion, research, consumer information, and industry information are necessary to maintain and expand existing markets and develop new markets for soybeans and soybean products; and

(7) soybeans and soybean products move in interstate and foreign commerce, and soybeans and soybean products that do not move in such channels of commerce directly burden or affect interstate commerce in soybeans and soybean products.

(b) Policy

(Pub. L. 101–624, title XIX, § 1966, Nov. 28, 1990, 104 Stat. 3881.)

§ 6302. Definitions

As used in this chapter:

(1) Board

(2) Commerce

(3) Committee

(4) Consumer information

(5) Department

(6) First purchaser

The term “first purchaser” means—

(A) except as provided in subparagraph (B), any person buying or otherwise acquiring from a producer soybeans produced by such producer; or

(B) the Commodity Credit Corporation, in any case in which soybeans are pledged as collateral for a loan issued under any price support loan program administered by the Commodity Credit Corporation.

(7) Industry information

(8) Marketing

(9) Net market price

The term “net market price” means—

(A) except as provided in subparagraph (B), the sales price or other value received by a producer for soybeans after adjustments for any premium or discount based on grading or quality factors, as determined by the Secretary; or

(B) for soybeans pledged as collateral for a loan issued under any price support loan program administered by the Commodity Credit Corporation, the principal amount of the loan.

(10) Order

(11) Person

(12) Producer

(13) Promotion

(14) Qualified State soybean board

The term “qualified State soybean board” means a State soybean promotion entity that is authorized by State law. If no such entity exists in a State, the term “qualified State soybean board” means a soybean producer-governed entity—

(A) that is organized and operating within a State;

(B) that receives voluntary contributions and conducts soybean promotion, research, consumer information, or industry information programs; and

(C) that meets criteria established by the Board as approved by the Secretary relating to the qualifications of such entity to perform duties under the order and is recognized by the Board as the soybean promotion and research entity within the State.

(15) Research

(16) Secretary

(17) Soybean products

(18) Soybeans

(19) State

(Pub. L. 101–624, title XIX, § 1967, Nov. 28, 1990, 104 Stat. 3882.)

§ 6303. Issuance and amendment of orders

(a) In general

(b) Procedure

(1) Proposal or request for issuance

(2) Notice and comment concerning proposed order

(3) Issuance of order

(Pub. L. 101–624, title XIX, § 1968, Nov. 28, 1990, 104 Stat. 3883.)

§ 6304. Required terms in orders

(a) In general

(b) Establishment and membership of United Soybean Board

(1) In general

(2) SeatsThe Secretary shall establish State units and combined units and seats on the Board for such units, as follows:

(A) State units

(B) Combined units

(i) if its average annual soybean production is less than 15,000,000 bushels, shall be entitled to one seat on the Board;

(ii) if its average annual soybean production is 15,000,000 bushels or more but less than 70,000,000 bushels, shall be entitled to 2 seats on the Board;

(iii) if its average annual soybean production is 70,000,000 bushels or more but less than 200,000,000 bushels, shall be entitled to 3 seats on the Board; and

(iv) if its average annual soybean production is 200,000,000 bushels or more, shall be entitled to 4 seats on the Board.

(D) Determination of average annual soybean production

(E) Reapportionment of seats

(F) Adjustment of levels of production

(3) Nominations

(A) In general

(B) Method for obtaining nominations

(i) Initially-established Board(I) State units(II) Combined units

(ii) Subsequent appointment(I) State units(II) Combined units

(iii) Rejection

(4) Terms

(5) Compensation

(6) Temporary appointments

(A) Appointment

(B) Representation of certain States

(7) Meetings

(c) Powers and duties of BoardThe order shall define the powers and duties of the Board and shall include the power and duty—

(1) to administer the order in accordance with the terms and provisions of the order;

(2) to make regulations to effectuate the terms and provisions of the order;

(3) if the Board exercises its authority to establish the Committee described in subsection (g)—

(A) to elect members of the Board to serve on the Committee; and

(B) if the Board assigns to the Committee the power to develop and submit budgets as provided for in subsection (h)(1), to approve, modify, or reject budgets submitted by the Committee;

(4) to submit budgets to the Secretary for the approval or disapproval of the Secretary;

(5) to contract with appropriate persons to implement plans or projects;

(6) to contract with qualified State soybean boards to implement programs in their States;

(7) to receive, investigate, and report to the Secretary complaints of violations of the order;

(8) to recommend to the Secretary amendments to the order;

(9) to provide the Secretary with prior notice of meetings of the Board and meetings of committees of the Board to permit the Secretary, or a designated representative, to attend such meetings; and

(10) to provide not less than annually a report to producers accounting for funds and describing programs implemented, and such reports shall be made available to the public on request.

(d) Board voting procedures

(1) In general

(2) Number of votes per memberEach member of the Board shall be entitled, in any vote conducted by the Board, to cast the number of votes determined under the following rules:

(A) In general

(B) Additional votesThe additional votes that each member is assigned for roll call votes shall be computed as follows:

(i) Assessment level

(ii) First three fiscal years(I) First fiscal year(II) Second and third fiscal years

(iii) Division of votes within units

(3) Motions

(A) In general

(B) Roll call votes

(4) Committee votes

(5) Proxies

(e) Budgets

(1) In general

(2) Limitation

(f) Plans and projects

(g) Soybean Program Coordinating Committee

(1) Establishment

(2) Membership

(A) CompositionThe Committee shall be composed of members such that—

(i) not less than two-thirds of the Committee shall be members of the Board, including—(I) the Chairperson and Treasurer of the Board; and(II) additional members of the Board elected by the Board; and

(ii) not more than one-third of the Committee shall be producers elected by the national, nonprofit soybean producer-governed organization that conducts activities on behalf of State soybean boards and that, on November 28, 1990, conducts activities to promote soybeans and soybean products as a cooperator with the Foreign Agricultural Service of the Department.

(B) Certification

(3) Terms

(4) Compensation

(5) Chairperson

(6) Quorum

(h) Powers and duties of CommitteeThe order shall define the powers and duties that the Board may assign to the Committee, which may include the following:

(1) Budgets

(2) Plans and projects

(3) Voting

(i) Administration

(1) Expenses

(2) Staff

(A) In general

(B) Limitation on salaries

(3) Limitation on administrative costs

(j) Contracts and agreements

(1) Authority

(2) Coordination

(3) TermsAny contract or agreement entered into under this subsection shall provide that—

(A) the contracting party shall develop and submit to the Board a plan or project together with a budget or budgets that shall show estimated costs to be incurred for such plan or project;

(B) the plan or project shall not become effective until it has been approved by the Secretary; and

(C) the contracting party shall keep accurate records of all of its transactions, account for funds received and expended, including staff time, salaries, and expenses expended on behalf of Board activities, make periodic reports to the Board of activities conducted, and make such other reports as the Board or the Secretary may require.

(4) Communications to producersThe order may provide that—

(A) the Board may enter into contracts or agreements with qualified State soybean boards that apply therefor and agree to the terms thereof, for the implementation of plans or projects to coordinate and facilitate communications to producers regarding the conduct of activities under the order and for the payment of the costs of the plans or projects with funds received by the Board under the order; and

(B) to facilitate the funding of plans or projects described in subparagraph (A), if the order does not authorize the payment of refunds, the Board shall allocate for such funding each year an amount not less than the cumulative amount of all producer contributions to qualified State soybean boards during the previous year that the State boards were unable to retain, and forwarded to the Board, because producers received refunds on such State contributions, as determined by the Board based on information submitted by the qualified State soybean boards.

(5) Apportionment of funds to qualified State soybean boards

(A) In general

(B) ExceptionThe Board shall not be required to apportion funds to a qualified State soybean board, as provided in subparagraph (A), if—

(i) the qualified State soybean board has not entered into a contract or agreement with the Board for the implementation of plans or projects described in paragraph (4)(A); or

(ii) the amount to be apportioned to the qualified State soybean board is less than the cost to the Board of overseeing the use of such apportionment during the year involved, and the contract or agreement shall so provide.

(k) Books and records of BoardThe order shall require the Board to—

(1) maintain such books and records, which shall be available to the Secretary for inspection and audit, as the Secretary may prescribe;

(2) prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and

(3) account for the receipt and disbursement of all funds entrusted to the Board.

The Board shall cause its books and records to be audited by an independent auditor at the end of each fiscal year and a report of such audit to be submitted to the Secretary. The Secretary shall make such report available to the public upon request.

(l) Assessments

(1) In general

(A) First purchasers

(i) Collection

(ii) Rate

(iii) One assessment

(B) Direct processing

(2) Refunds

(A) Refunds prior to initial referendum

(i) In generalThe order shall provide that, during the period prior to the approval of the continuation of the initial order in the referendum provided for in section 6305(a) of this title, as determined by the Secretary, each producer shall have the right to demand and receive from the Board a refund of any assessment collected from such producer if—(I) such producer is responsible for paying the assessment; and(II) such producer does not support the programs, projects, or activities implemented under the order.

(ii) By Board

(B) Administration

(i) In general

(ii) No qualified State soybean board

(D) Time limit for making refund

(E) Order not favored

(F) Refunds after the initial referendum

(i) In general

(ii) Availability

(iii) Poll

(iv) Referendum

(v) Continued refunds

(vi) Continuation or cessation of refunds

(vii) Escrow accounts(I) Establishment(II) Separate accounts(III) Deposits(IV) Refunds made from escrow account(V) Proration(VI) Surplus funds(VII) Refund period

(3) UseThe assessments (net of any refunds under paragraph (2)) shall be used for—

(A) payment of the expenses incurred in implementation and administration of the order;

(B) the establishment of a reasonable reserve; and

(C) reimbursement to the Secretary of administrative costs incurred by the Secretary to implement and administer the order, other than one-half of the cost incurred for the referendum conducted under paragraph (2)(F).

(4) Credit for contributions to qualified State soybean boards

(5) Single process of assessment

(m) Credit for certain costs to States

(n) Minimum level of assessments to States

(1) Pre-referendum period

(2) Post-referendum periodThe order shall provide, effective after the conduct of the referendum provided for in section 6305(a) of this title, subject to paragraph (3), that the Board annually shall provide a credit to each qualified State soybean board of an amount by which—

(A) the amount equal to 1 cent times the average number of bushels of soybeans produced in the State during each of the preceding 5 years (excluding the year in which the production is the highest and the year in which the production is the lowest); exceeds

(B) the total amount collected by the qualified State soybean board from assessments on producers minus the amount of assessments remitted to the Board during such year under subsection (l).

(3) Limitation

(o) Investment of funds

(1) In generalThe order shall provide that the Board, with the approval of the Secretary, may invest assessment funds collected by the Board under the order, pending their disbursement, only in—

(A) obligations of the United States or any agency thereof;

(B) general obligations of any State or any political subdivision thereof;

(D) obligations fully guaranteed as to principal and interest by the United States.

(2) Income

(p) Prohibition on use of funds to influence governmental action

(1) In general

(2) ExceptionsParagraph (1) shall not apply to—

(A) the development and recommendation of amendments to the order;

(B) the communication to appropriate government officials of information relating to the conduct, implementation, or results of promotion, research, consumer information, or industry information activities under the order; or

(C) any action designed to market soybeans or soybean products directly to a foreign government or political subdivision thereof.

(q) Books and records of first purchasers and certain producers

(1) Recordkeeping

(A) In general

(B) “Small producer” defined

(2) Use of information

(A) In general

(B) Other information

(3) Confidentiality

(A) In general

(B) Permitted usesInformation obtained under the authority of this chapter shall be made available to any agency or officer of the Federal Government for—

(i) the implementation of this chapter;

(ii) any investigatory or enforcement action necessary for the implementation of this chapter; or

(iii) any civil or criminal law enforcement activity if the activity is authorized by law.

(i) the issuance of general statements, based on the reports, of the number of persons subject to an order or statistical data collected therefrom, which 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 violating any order, together with a statement of the particular provisions of the order violated by such person.

(4) Penalty

(r) Incidental terms and conditions

(Pub. L. 101–624, title XIX, § 1969, Nov. 28, 1990, 104 Stat. 3884; Pub. L. 102–237, title VIII, § 806(1), Dec. 13, 1991, 105 Stat. 1883.)

§ 6305. Referenda

(a) Initial referendum

(1) Requirement

(2) Advance notice

(3) Approval of order

(4) Disapproval of order

(b) Additional referenda

(1) In general

(A) Requirement

(B) Representative group of producers

(2) Disapproval of order

(3) Opportunity to request additional referenda

(A) In general

(B) Method of making request

(i) In-person requests

(ii) Mail-in requests

(D) Action by Secretary

(E) Time limit

(1) Reimbursement of Secretary

(2) Date

(3) Place

(Pub. L. 101–624, title XIX, § 1970, Nov. 28, 1990, 104 Stat. 3898; Pub. L. 102–237, title VIII, § 806(2), Dec. 13, 1991, 105 Stat. 1883.)

§ 6306. Petition and review

(a) Petition

(1) In general

A person subject to an order issued under this chapter 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 established in accordance with law; and

(B) requesting a modification of the order or an exemption from the order.

(2) Hearings

(3) Ruling

(b) Review

(1) Commencement of action

(2) Process

(3) Remands

If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) is not in accordance with applicable law, the court shall remand the matter to the Secretary with directions either—

(A) to make such ruling as the court shall determine to be in accordance with law; or

(B) to take such further proceedings as, in the opinion of the court, the law requires.

(4) Enforcement

(Pub. L. 101–624, title XIX, § 1971, Nov. 28, 1990, 104 Stat. 3900.)

§ 6307. Enforcement

(a) Jurisdiction

(b) Referral to Attorney General

(1) Civil penaltiesAny person who willfully violates any provision of any order or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the person under the order or regulations, may be assessed—

(A) a civil penalty by the Secretary of not more than $1,000 for each such violation; and

(B) in the case of a willful failure to pay, collect, or remit an assessment as required by the order or regulation, an additional penalty equal to the amount of such assessment.

Each violation shall be a separate offense.

(2) Cease-and-desist orders

(3) Notice and hearing

(4) Finality

(d) Review by district court

(1) Commencement of actionAny person who has been determined to be in violation of this chapter, or against whom a civil penalty has been assessed or a cease-and-desist order issued under subsection (c), may obtain review of the penalty or order by—

(A) filing, within the 30-day period beginning on the date the penalty is assessed or order issued, a notice of appeal in—

(i) the district court of the United States for the district in which the person resides or conducts business; or

(ii) the United States District Court for the District of Columbia; and

(B) simultaneously sending a copy of the notice by certified mail to the Secretary.

(2) Record

(3) Standard of review

(e) Failure to obey orders

(f) Failure to pay penalties

(g) Additional remedies

(Pub. L. 101–624, title XIX, § 1972, Nov. 28, 1990, 104 Stat. 3901.)

§ 6308. Investigations and power to subpoena

(a) Investigations

The Secretary may make such investigations as the Secretary considers necessary—

(1) for the effective administration of this chapter; and

(2) to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter, or any order, rule, or regulation issued under this chapter.

(b) Subpoenas, oaths, and affirmations

(1) In general

(2) Administrative hearings

(d) Contempt

(e) Process

(f) Hearing site

(Pub. L. 101–624, title XIX, § 1973, Nov. 28, 1990, 104 Stat. 3902.)

§ 6309. Administrative provisions

(a) Construction

Except as provided in subsection (b), nothing in this chapter may be construed to—

(1) preempt or supersede any other program relating to soybean promotion, research, consumer information, or industry information organized and operated under the laws of the United States or any State; or

(2) authorize the withholding of any information from Congress.

(b) State laws

(1) Referenda on qualified State soybean boards

To ensure the proper administration of this chapter, no State may conduct a referendum relating to the continuation or termination of a qualified State soybean board or State soybean assessment—

(A) during the period beginning on the date an order is issued under section 6303 of this title and ending 18 months after the referendum on such order is conducted under section 6305(a) of this title; or

(B) if such order is approved under the referendum conducted under section 6305(a) of this title by a majority of producers voting in such State, such State law shall be suspended for an additional 36 months.

(2) Exception

Paragraph (1) shall not be construed to apply to—

(A) a State referendum concerning the approval of modifications to a State soybean promotion program that does not involve termination of the qualified State soybean board or State soybean assessment; and

(B) any State referendum regarding a State soybean promotion program that is originated by soybean producers.

(3) Assessments collected by qualified State soybean boards

(Pub. L. 101–624, title XIX, § 1974, Nov. 28, 1990, 104 Stat. 3903; Pub. L. 102–237, title VIII, § 806(3), Dec. 13, 1991, 105 Stat. 1883.)

§ 6310. Suspension or termination of orders

The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such order or provision. The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this chapter.

(Pub. L. 101–624, title XIX, § 1975, Nov. 28, 1990, 104 Stat. 3904.)

§ 6311. Authorization of appropriations; regulations

(a) In general

(b) Administrative expenses

(Pub. L. 101–624, title XIX, § 1976, Nov. 28, 1990, 104 Stat. 3904.)