(d) EFFECT OF AMENDMENTS ON CURRENT TO-
BACCO CROP.—Section 317 of the Agricultural Adjust-
ment Act of 1938 (7 U.S.C. 1314c), as in effect on the
day before the date of the enactment of this Act, shall
continue to apply with respect to the 1996 crop of Flue-
cured tobacco.
SEC. 4. REMOVAL OF FARM RECONSTITUTION EXCEPTION
FOR BURLEY TOBACCO.
Section 379(a)(6) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1379(a)(6)) is amended by striking ‘‘,
but this clause (6) shall not be applicable in the case of
burley tobacco’’.
SEC. 5. REDUCTION IN PERCENTAGE THRESHOLD FOR
TRANSFER OF FLUE-CURED TOBACCO QUOTA
IN CASES OF DISASTER.
The second subsection (h) in section 316 of the Agri-
cultural Adjustment Act of 1938 (7 U.S.C. 1314b) is
amended by striking ‘‘90 percent’’ in paragraph (1)(A)
and inserting ‘‘80 percent’’.
SEC. 6. EXPANSION OF TYPES OF TOBACCO SUBJECT TO NO
NET COST ASSESSMENT.
(a) NO
NET
COST
TOBACCO
FUND.—Section
106A(d)(1)(A) of the Agricultural Act of 1949 (7 U.S.C.
1445–1(d)(1)(A)) is amended—
(1) in clause (ii), by inserting after ‘‘Burley
quota tobacco’’ the following: ‘‘and cigar-type quota
tobacco’’; and
(2) in clause (iii)—
(A) in the matter preceding the subclauses,
by striking ‘‘Flue-cured or Burley tobacco’’ and
inserting ‘‘each kind of tobacco for which price
support is made available under this Act, and
each kind of like tobacco,’’; and
(B) by striking subclause (II) and insert-
ing the following new subclause:
‘‘(II) the sum of the amount of the
per pound producer contribution and pur-
chaser assessment (if any) for such kind of
tobacco payable under clauses (i) and (ii);
and’’.
(b) NO NET COST TOBACCO ACCOUNT.—Section
106B(d)(1) of the Agricultural Act of 1949 (7 U.S.C.
1445–2(d)(1)) is amended—
(1) in subparagraph (B), by inserting after
‘‘Burley quota tobacco’’ the following: ‘‘and cigar-
type quota tobacco’’; and
(2) in subparagraph (C), by striking ‘‘Flue-
cured and Burley tobacco’’ and inserting ‘‘each kind
of tobacco for which price support is made available
under this Act, and each kind of like tobacco,’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 60 days after the date of the
enactment of this Act.
SEC. 7. REPEAL OF REPORTING REQUIREMENTS RELATING
TO EXPORT OF TOBACCO.
Section 214 of the Tobacco Adjustment Act of 1983
(7 U.S.C. 509) is repealed.
SEC. 8. REPEAL OF LIMITATION ON REDUCING NATIONAL
MARKETING QUOTA FOR FLUE-CURED AND
BURLEY TOBACCO.
(a) FLUE-CURED TOBACCO.—Section 317(a)(1) of
the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314c(a)(1)) is amended by striking subparagraph (C).
(b) BURLEY TOBACCO.—Section 319(c)(3) of the Ag-
ricultural Adjustment Act of 1938 (7 U.S.C. 1314e(c)(3))
is amended by striking subparagraph (C).
SEC. 9. APPLICATION OF CIVIL PENALTIES UNDER TO-
BACCO INSPECTION ACT.
Section 12 of the Tobacco Inspection Act (7 U.S.C.
511k) is amended—
(1) by inserting ‘‘(a) FINE FOR VIOLATIONS.—
’’ after ‘‘That any person’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(b) JURISDICTION.—The district courts of the
United States are vested with jurisdiction specifically to
enforce, and to prevent and restrain any person from vio-
lating, any rule or regulation issued under this Act.
‘‘(c) REFERRAL TO ATTORNEY GENERAL.—A civil
action authorized to be commenced under this section shall
be referred to the Attorney General for appropriate action,
except that the Secretary shall not be required to refer
to the Attorney General a violation of this Act, if the Sec-
retary believes that the administration and enforcement
of this Act would be adequately served by providing a suit-
able written notice or warning to the person who commit-
ted such violation or administrative action.
‘‘(d) CIVIL PENALTIES AND ORDERS.—
‘‘(1) CIVIL PENALTIES.—Any person who will-
fully violates any provision of this Act or any of the
regulations issued by the Secretary under this Act
may be assessed a civil penalty by the Secretary of
not less than $500 or more than $5,000 for each
such violation. Each violation shall be a separate of-
fense.
‘‘(2) CEASE AND DESIST ORDERS.—In addition
to, or in lieu of, a civil penalty under paragraph (1),
the Secretary may issue an order requiring a person
to cease and desist from continuing any such viola-
tion.
‘‘(3) NOTICE AND HEARING.—No penalty shall
be assessed or cease-and-desist order issued by the
Secretary under this subsection unless the person
against whom the penalty is assessed or the order is
issued is given notice and opportunity for a hearing
before the Secretary with respect to such violation.
‘‘(4) FINALITY.—The order of the Secretary as-
sessing a penalty or imposing a cease-and-desist
order under this subsection shall be final and conclu-
sive unless the affected person files an appeal of the
Secretary’s order with the appropriate district court
of the United States, in accordance with subsection
(e).
‘‘(e) REVIEW BY DISTRICT COURT.—
‘‘(1) COMMENCEMENT OF ACTION.—Any person
who has been determined to be in violation of this
Act, or against whom a civil penalty has been as-
sessed or a cease-and-desist order issued under sub-
section (d), may obtain review of the penalty or
order—