§ 1642. — Enforcement by President.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1642]
TITLE 7--AGRICULTURE
CHAPTER 39--STABILIZATION OF INTERNATIONAL WHEAT MARKET
Sec. 1642. Enforcement by President
(a) Rules or regulations
The President is further authorized to take such other action,
including prohibiting or restricting the importation or exportation of
wheat or wheat-flour and to issue such rules or regulations which shall
have the force and effect of law, as may be necessary in his judgment in
the implementation of the International Wheat Agreement.
(b) Reports; keeping and examination of books and records
All persons exporting or importing wheat or wheat-flour or selling
wheat or wheat-flour for export shall report to the President such
information as he may from time to time require and keep such records as
he finds to be necessary to enable him to carry out the purposes of this
chapter. Such information shall be reported and such records shall be
kept in accordance with such regulations as the President may prescribe.
For the purposes of ascertaining the correctness of any report made or
record kept, or of obtaining information required to be furnished in any
report, but not so furnished, the President is authorized to examine
such books, papers, records, accounts, correspondence, contracts,
documents, and memoranda as are relevant to transactions under the
International Wheat Agreement and are within the control of any such
person.
(c) Penalty for violation
Any person failing to make any report or keep any record as required
by or pursuant to this section, or making any false report or record or
knowingly violating any rule or regulation of the President issued
pursuant to this section shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine of not more than
$1,000 for each violation.
(d) Forfeiture for excessive exports or imports
Any person who knowingly and willfully exports wheat or wheat-flour
from the United States, or who knowingly and willfully imports wheat or
wheat-flour into the United States for consumption therein, in excess of
the quantity of wheat or wheat-flour permitted to be exported or
imported, as the case may be, under regulations issued by the President
shall forfeit to the United States a sum equal to two times the market
value at the time of the commission of any such act, of the quantity of
wheat or wheat-flour by which any such exportation or importation
exceeds the authorized amount which forfeiture shall be recoverable in a
civil suit brought in the name of the United States.
(e) Jurisdiction and venue of actions; remedies, fines, and forfeitures
as additional
The district courts of the United States shall have jurisdiction of
violations of this chapter or the rules and regulations thereunder, and
of all suits in equity and actions at law brought to enforce any
liability or duty created by this chapter or the rules and regulations
thereunder. Any criminal proceeding may be brought in the district
wherein any act or transaction constituting the violation occurred. Any
suit or action to enforce any liability or duty created by this chapter
or rules and regulations thereunder, or to enjoin any violation of such
chapter or rules and regulations, may be brought in any such district
wherein the defendant is found or is a resident or transacts business.
The remedies, fines, and forfeitures provided for in this chapter shall
be in addition to, and not exclusive of, any of the remedies, fines, and
forfeitures under existing law.
(f) Delegation of authority
Any power, authority, or discretion conferred on the President by
this chapter may be exercised through such department, agency, or
officer of the Government as the President may direct, and shall be
exercised in conformity with such rules or regulations as he may
prescribe.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section, including the
necessary expenses and contributions of the United States in connection
with the administration of the International Wheat Agreement.
(h) Use of funds
Funds appropriated under authority of this chapter may be used for
the purchase or hire of passenger motor vehicles, for printing and
binding, for rent and personal services in the District of Columbia and
elsewhere without regard to the limitation contained in section 607(g)
of the Federal Employees Pay Act of 1945, as amended [5 U.S.C.
947(g)],\1\ and for the employment of experts or consultants or
organization thereof, on a temporary basis, by contract or otherwise,
without regard to chapter 51 and subchapter III of chapter 53 of title
5, at rates not in excess of $50 per diem.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(i) Exclusion from Administrative Procedure Act
The functions exercised under authority of this chapter shall be
excluded from the operation of the Administrative Procedure Act (60
Stat. 237) except as to the requirements of sections 3 and 10 thereof.
(j) ``Person'' defined
The term ``person'' as used in this section shall include the
singular and the plural and any individual, partnership, corporation,
association, or any other organized group of persons.
(Oct. 27, 1949, ch. 772, Sec. 3, 63 Stat. 946; Oct. 28, 1949, ch. 782,
title II, Sec. 202(27), title XI, Sec. 1106(a), 63 Stat. 956, 972.)
References in Text
Section 607(g) of the Federal Employees Pay Act of 1945, as amended,
referred to in subsec. (h), was repealed by act Sept. 12, 1950, ch. 946,
title III, Sec. 301 (85), 64 Stat. 843.
The Administrative Procedure Act, referred to in subsec. (i), is act
June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was repealed and
reenacted as subchapter II of chapter 5, and chapter 7, of Title 5,
Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966,
80 Stat. 378, which enacted Title 5. Sections 3 and 10 thereof are
covered by section 552 and chapter 7, respectively, of Title 5.
Codification
The words ``and the District Court of the United States for the
District of Columbia'' in subsection (e) following ``district courts of
the United States'' have been deleted as superfluous in view of section
132 (a) of Title 28, Judiciary and Judicial Procedure, which states that
``There shall be in each judicial district a district court which shall
be a court of record known as the United States District Court for the
district'', and section 88 of said Title 28 which states that ``The
District of Columbia constitutes one judicial district''.
In subsec. (h), ``chapter 51 and subchapter III of chapter 53 of
title 5'' was substituted for ``the Classification Act of 1949'' on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
Amendments
1949--Subsec. (h). Act Oct. 28, 1949, substituted ``Classification
Act of 1949'' for ``Classification Act [of 1923]''.
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966,
Sec. 8, 80 Stat. 632, 655.
Executive Order No. 11108
Ex. Ord. No. 11108, May 22, 1963, 28 F.R. 5185, which delegated to
Secretary of Agriculture authority of President under this chapter, was
revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
