‘‘(A) by filing, within the 30-day period be-
ginning 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) by sending, within the same period, a
copy of such notice by certified mail to the Sec-
retary.
‘‘(2) 
RECORD.—The 
Secretary 
shall 
file
promptly in the appropriate court referred to in
paragraph (1), a certified copy of the record on
which the Secretary has determined that the person
had committed a violation.
‘‘(3) STANDARD OF REVIEW.—A finding of the
Secretary under this section shall be set aside only
if such finding is found to be unsupported by sub-
stantial evidence.
‘‘(f) FAILURE TO OBEY ORDERS.—Any person who
fails to obey a cease-and-desist order under this section
after such order has become final and unappealable, or
after the appropriate United States district court has en-
tered a final judgment in favor of the Secretary, shall be
subject to a civil penalty assessed by the Secretary, after
opportunity for hearing and for a judicial review under
the procedures specified in subsection (e), of not more
than $500 for each offense. Each day during which such
failure continues shall be considered as a separate viola-
tion of such order.
‘‘(g) FAILURE TO PAY PENALTIES.—If any person
fails to pay an assessment of a civil penalty under this
section after it has become a final and unappealable order,
or after the appropriate United States district court has
entered final judgment in favor of the Secretary, the Sec-
retary shall refer the matter to the Attorney General for
recovery of the amount assessed in the district court of
the United States for the district in which the person re-
sides or conducts business. In such action, the validity and
appropriateness of the final order imposing the civil pen-
alty shall not be subject to review.
‘‘(h) ADDITIONAL REMEDIES.—The remedies pro-
vided in this section shall be in addition to, and not exclu-
sive of, other remedies that may be available.’’.
SEC. 10. TRANSFERS OF QUOTA OR ALLOTMENT ACROSS
COUNTY LINES IN A STATE.
(a) TRANSFERS ALLOWED BY REFERENDUM.—
(1) FLUE-CURED TOBACCO.—Section 316(g) of
the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314b(g)) is amended by adding at the end the fol-
lowing:
‘‘(3) Notwithstanding paragraph (1), the Secretary
may permit the sale of a Flue-cured tobacco allotment or
quota from one farm in a State to any other farm in the
State if a majority of active Flue-cured tobacco producers
within the State approve of such sales by a state-wide ref-
erendum to be conducted by the Secretary.’’.
(2) OTHER TOBACCO.—Section 318(b) of such
Act (7 U.S.C. 1314d(b)) is amended in the proviso
by inserting after ‘‘same State’’ the following: ‘‘and,
in the case of other kinds of tobacco, any such
transfer may be made to a farm in another county
in the same State if transfers of such type are ap-
proved by a majority of the active producers of that
kind of tobacco in the State who vote in a referen-
dum held on the subject’’.
(3) BURLEY TOBACCO.—Section 319(l) of such
Act (7 U.S.C. 1314e(l)) is amended by striking the
last sentence.
(b) SAME GROWER IN CONTIGUOUS COUNTIES.—
Section 379(b) of such Act (7 U.S.C. 1379(b)) is amended
by striking ‘‘Burley tobacco poundage quota’’ and insert-
ing ‘‘tobacco quota or allotment’’.
SEC. 11. CALCULATION OF NATIONAL MARKETING QUOTA.
(a) 
FLUE-CURED
TOBACCO.—Section
317(a)(1)(B)(ii) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314c(a)(1)(B)(ii)) is amended by insert-
ing before the semicolon the following: ‘‘, but excluding
any exports of unmanufactured tobacco counted under
clause (i)’’.
(b) BURLEY TOBACCO.—Section 319(c)(3)(A)(ii) of
such Act (7 U.S.C. 1314e(l)) is amended by inserting be-
fore the semicolon the following: ‘‘, but excluding any ex-
ports of unmanufactured tobacco counted under clause
(i)’’.
(c) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply with respect to the
1996 and subsequent crops of Flue-cured and Burley to-
bacco.
SEC. 12. CLARIFICATION OF AUTHORITY TO ACCESS CIVIL
MONEY PENALTIES.
Section 314 of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314) is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) The failure by a person to comply with regula-
tions issued by the Secretary governing the marketing,
disposition, or handling of tobacco under this part shall
subject the person to a penalty at the rate provided in
subsection (a).’’.
SEC. 13. LEASE AND TRANSFER OF FARM MARKETING
QUOTAS FOR BURLEY TOBACCO.
Section 319(g) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314e(g)) is amended—
(1) in paragraph (1), by striking ‘‘July 1’’ each
place it appears and inserting ‘‘September 1’’; and
(2) in paragraph (3)—
(A) by striking ‘‘within the three imme-
diately preceding crop years’’ in the first sen-
tence and inserting ‘‘during the current crop
year or either of the two immediately preceding
crop years’’; and
(B) by striking ‘‘July 1’’ in the second sen-
tence and inserting ‘‘September 1’’.
SEC. 14. LIMITATION ON TRANSFER OF ACREAGE ALLOT-
MENTS OF OTHER TOBACCO.
Section 318(g) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314d(g)) is amended by striking ‘‘ten
acres’’ and inserting ‘‘20 acres’’.
SEC. 15. GOOD FAITH RELIANCE ON ACTIONS OR ADVICE
OF DEPARTMENT REPRESENTATIVES.
The Agricultural Adjustment Act of 1938 is amended
by inserting after section 314A (7 U.S.C. 1314–1) the fol-
lowing new section:
‘‘SEC. 315. GOOD FAITH RELIANCE ON ACTIONS OR ADVICE
OF DEPARTMENT REPRESENTATIVES.
‘‘Notwithstanding any other provision of law, the per-
formance rendered in good faith by a person in good faith
in reliance upon action or advice of an authorized rep-
resentative of the Secretary may be accepted as meeting
the requirements of this part.’’.
SEC. 16. UNIFORM FORFEITURE DATES FOR FLUE-CURED
AND BURLEY TOBACCO.
(a) SALE
OR FORFEITURE
OF FLUE-CURED TO-
BACCO ALLOTMENT OR QUOTA.—The first subsection (h)
of section 316 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1314b) is amended—
(1) in paragraph (1), by striking ‘‘before the
expiration of the eighteen month period beginning on
July 1 of the year in which such crop is planted’’
and inserting ‘‘before February 15 of the year after
the end of the marketing year for the planted crop’’;
and
(2) in paragraph (2), by striking ‘‘July 1’’ and
inserting ‘‘February 15’’.
(b) MANDATORY SALE OF FLUE-CURED TOBACCO
ALLOTMENT OR QUOTA.—Section 316A of such Act (7
U.S.C. 1314b–1) is amended—
(1) in subsection (a), by striking ‘‘December 1
of the year’’ and inserting ‘‘February 15 of the
year’’; and
(2) in subsection (b), by striking ‘‘July 1’’ and
inserting ‘‘February 15’’.
(c) MANDATORY SALE OF BURLEY TOBACCO ALLOT-
MENT OR QUOTA.—Section 316B of such Act (7 U.S.C.
1314b–2) is amended—
(1) in subsection (a), by striking ‘‘December 1
of the year’’ and inserting ‘‘February 15 of the
year’’; and
(2) in subsection (c)(1), by striking ‘‘before the
expiration of the eighteen month period beginning on
July 1 of the year in which such crop is planted’’
and inserting ‘‘before February 15 of the year after
the end of the marketing year for the planted crop’’.
SEC. 17. SALE OF BURLEY AND FLUE-CURED TOBACCO
MARKETING QUOTAS FOR A FARM BY RE-
CENT PURCHASERS.
The Agricultural Adjustment Act of 1938 is amended
by inserting after section 316B (7 U.S.C. 1314b–2) the
following new section:
‘‘SEC. 316C. AUTHORITY FOR RECENT PURCHASER OF A
FARM TO SELL BURLEY TOBACCO OR FLUE-
CURED TOBACCO MARKETING QUOTAS FOR
THE FARM.
‘‘A new owner of a farm that has purchase history
of Burley tobacco or Flue-cured tobacco may sell the pur-
chased tobacco quota notwithstanding any limitations on
such a sale contained in this part if the sale is completed
not later than one year after the purchase date of the
farm.’’.
Æ
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HR 2653 IH——3