Page:United States Statutes at Large Volume 104 Part 5.djvu/539

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3861 (A) IN GENERAL.— Except as otherwise provided in this subtitle, all information obtained under paragraph (1) shall be kept confidential by all officers and employees of the Department and the Council, and agents of the Council, and only such information so obtained as the Secretary considers relevant may be disclosed to the public by them and then 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, and involving the order. (B) LIMITATIONS.— 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 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 the order, together with a statement of the particular provisions of the order violated by such person. (4) AVAILABILITY OF INFORMATION. — (A) IN GENERAL.— Except as otherwise provided in this subtitle, information obtained under this subtitle may be made available to another agency of the Federal Government for a civil or criminal law enforcement activity if the activity is authorized by law and if the head of the agency has made a written request to the Secretary specifying the particular information desired and the law enforcement activity for which the information is sought. (B) PENALTY.— Any person knowingly violating this subsection, on conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or both, and if an officer or employee of the Council or the Department, shall be removed from office. (5) WITHHOLDING INFORMATION.—Nothing in this subtitle shall be construed to authorize the withholding of information from Congress. (j) OTHER TERMS AND CONDITIONS. —The order also shall contain such terms and conditions, not inconsistent with this subtitle, as are necessary to effectuate this subtitle, including provisions for the assessment of a penalty for each late payment of assessments under subsection (g). SEC. 1926. REFERENDA. 7 USC 6105. (a) INITIAL REFERENDUM.— (1) IN GENERAL.— Within the 60-day period immediately preceding the effective date of an order issued under section 19240)), the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether the order shall go into effect. (2) APPROVAL OF ORDER. —The order shall become effective, as provided in section 19240)), if the Secretary determines that the order has been approved by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more