Page:United States Statutes at Large Volume 110 Part 1.djvu/1093

 PUBLIC I^^W 104-127—APR. 4, 1996 110 STAT. 1069 tion, maintenance, and functioning of the Board may not exceed 30 percent of the budget for a year. (d) FALSE CLAIMS. —The order shall provide that any promotion funded with assessments collected under subsection (b) may not make— (1) any false claims on behalf of kiwifruit; and (2) any false statements with respect to the attributes or use of any product that competes with kiwifruit for sale in commerce. (e) PROHIBITION ON USE OF FUNDS. —The order shall provide that funds collected by the Board under this subtitle through assessments may not, in any manner, be used for the purpose of influencing legislation or governmental policy or action, except for making recommendations to the Secretary as provided for under this subtitle. if) BOOKS, RECORDS, ^^D REPORTS. — I (1) BOARD.— The order shall require the Board— (A) to maintain books and records with respect to the receipt and disbursement of funds received by the Board; I (B) to submit to the Secretary from time to time such reports as the Secretary may require for appropriate accounting; and (C) to submit to the Secretary at the end of each fiscal year a complete audit report by an independent auditor regarding the activities of the Board during the fiscal year. (2) OTHERS. —To make information and data available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this subtitle (or any order or regulation issued under this subtitle), the order shall require handlers and importers who are responsible for the collection, payment, or remittance of assessments under subsection (b)— (A) to maintain and make available for inspection by the employees and agents of the Board and the Secretary such books and records as may be required by the order; and (B) to file, at the times and in the manner and content prescribed by the order, reports regarding the collection, payment, or remittance of the assessments. (g) CONFIDENTIALITY. — (1) IN GENERAL. —-The order shall require that all information obtained pursuant to subsection (f)(2) be kept confidential by all officers, employees, and agents of the Department of Agriculture and of the Board. Only such information as the Secretary considers relevant shall be disclosed to the public and only 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 with respect to which the information was furnished or acquired. (2) LIMITATIONS.— Nothing in this subsection prohibits— (A) the issuance of general statements based on the reports of a number of handlers and importers subject to an order, if the statements do not identify the information furnished by any person; or

�