Page:United States Statutes at Large Volume 104 Part 5.djvu/152

 104 STAT. 3474 PUBLIC LAW 101-624—NOV. 28, 1990 "(B) JUDICIAL REVIEW. —Nothing in this section shall be construed as prohibiting any court of competent jurisdiction from reviewing any determination made by the Secretary with respect to whether the determination was made in conformity with the applicable law and regulations. "(C) CIVIL PENALTIES. — Al l penalties imposed under this section shall for all purposes be considered civil penalties. " (5) REDUCTION OF PENALTIES. — "(A) IN GENERAL. — Notwithstanding any other provision of law and except as provided in subparagraph (B), the Secretary may reduce the amount of any penalty assessed against handlers under this section by any appropriate amount, including, in an appropriate case, eliminating the penalty entirely, if the Secretary finds that the violation on which the penalty is based was minor or inadvertent, and that the reduction of the penalty will not impair the operation of the peanut program. " (B) FAILURE TO EXPORT CONTRACTED ADDITIONAL PEA- NUTS.— The amount of any penalty imposed on a handler under this section that resulted from the failure to export or crush contracted additional peanuts shall not be reduced by the Secretary. "(i) CROPS.— Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1995 crops of peanuts.". SEC. 805. EXPERIMENTAL AND RESEARCH PROGRAMS FOR PEANUTS. The Agricultural Adjustment Act of 1938 (as amended by section 803 of this Act) is further amended by inserting after section 358b the following new section: 7 USC 1358c. "SEC. 358c. EXPERIMENTAL AND RESEARCH PROGRAMS FOR PEANUTS. "(a) IN GENERAL. —Notwithstanding any other provision of this Act, the Secretary may permit a portion of the poundage quota for „ peanuts apportioned to any State to be allocated from the State's quota reserve to land-grant institutions identified in the Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 U.S.C. 341 et seq.), and colleges eligible to receive funds under the Act of August 30, 1890 (26 Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee Institute and, as appropriate, the Agricultural Research Service of the Department of Agriculture to be used for experimental and research purposes. "(b) QUANTITY.— The quantity of the quota allocated to an institution under this section shall not exceed the quantity of the quota held by each such institution during the 1985 crop year, except that the total quantity allocated to all institutions in a State shall not exceed Vio of 1 percent of the State's basic quota. "(c) LIMITATION.—The director of the agricultural experiment station for a State shall be required to ensure, to the extent practicable, that farm operators in the State do not produce quota peanuts under subsection (a) in excess of the quantity needed for experimental and research purposes. "(d) CROPS. —Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1995 crops of peanuts.".

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