Page:United States Statutes at Large Volume 100 Part 1.djvu/129

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 93

"(ii) add an amount equal to the purchaser assessment to the price paid by the purchaser; and "(C) if the tobacco involved is marketed by a producer directly to any person outside the United States, from the producer, who may add an amount equal to the purchaser assessment to the price paid by the purchaser;"; (F) by striking out "producers who contribute" in the proviso of paragraph (3) and inserting in lieu thereof "producers and purchasers who contribute or pay"; (G) by striking out "and" at the end of paragraph (5); (H) by inserting "effective for the 1982 through 1985 crops of quota tobacco," after the paragraph designation in paragraph (6); (I) by striking out the period at the end of paragraph (6) and inserting in lieu thereof "; and"; and (J) by inserting after paragraph (6) the following new paragraph: "(7) effective for the 1986 and subsequent crops of quota Loans, tobacco, provide, in loan agreements between the Corporation and an association, that if the Secretary determines that the amount in the Fund or the net gains referred to in paragraph (5) exceeds the amounts necessary for the purposes specified in this section, the association, with the approval of the Secretary, may suspend the payment and collection of contributions and assessments under this section on terms and conditions established by the association, with the approval of the Secretary."; and (4) by adding at the end thereof the following new subsection: "(h)(1)(A) Each person who fails to collect any contribution or assessment as required by subsection (d)(2) and remit such contribution or assessment to the association, at such time and in such manner as may be prescribed by the Secretary, shall be liable, in addition to any amount due, to a marketing penalty at a rate equal to 75 percent of the average market price (calculated to the nearest whole cent) for the kind of tobacco involved for the immediately preceding year on the quantity of tobacco as to which the failure occurs. "(B) The Secretary may reduce any such marketing penalty in such amount as the Secretary determines equitable in any case in which the Secretary determines that the failure was unintentional or without knowledge on the part of the person concerned. "(C) Any penalty provided for under this paragraph shall be assessed by the Secretary after notice and opportunity for a hearing. "(2)(A) Any person against whom a penalty is assessed under this Courts, U.S. subsection may obtain review of such penalty in an appropriate district court of the United States by filing a civil action in such court not later than 30 days after such penalty is imposed. "(B) The Secretary shall promptly file in such court a certified copy of the record on which the penalty is based. "(3) The district courts of the United States shall have jurisdiction Courts, U.S. to review and enforce any penalty imposed under this subsection. "(4) An amount equivalent to any penalty collected by the Secretary under this subsection shall be transmitted by the Secretary to the appropriate association, for deposit in the Fund of such association. "(5) The remedies provided in this subsection shall be in addition to, and not exclusive of, other remedies that may be available.".

�