Chapter 30.-ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS § 851. Declaration of policy.-It is hereby declared to be the policy of Congress to insure the maintenance of an adequate supply of anti-hog-cholera serum and hog-cholera virus by regulating the marketing of such serum and virus in interstate and foreign commerce, and to prevent undue and excessive fluctuations and unfair methods of competition and unfair trade practices in such marketing. (Aug. 24, 1935, ch. 641, § 56, 49 Stat. 781.)

§ 852. Marketing agreements with handlers; exemption from antitrust laws.-In order to effectuate the policy declared in section 851 of this title the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with manufacturers and others engaged in the handling of anti-hog-cholera serum and hog-cholera virus only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects interstate or foreign commerce in such serum and virus. Such persons are in section 854 of this title refered to as "handlers." The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful. (Aug. 24, 1935, ch. 641, § 57, 49 Stat. 781.)

§ 853. Terms and conditions of marketing agreements.-Marketing agreements entered into pursuant to section 852 of this title shall contain such one or more of the following terms and conditions and no others as the Secretary finds, upon the basis of the hearing provided for in section 852 of this title, will tend to effectuate the policy declared in section 851 of this title:

(a) One or more of the terms and conditions specified in subsection (7) of section 608c of this title.

(b) Terms and conditions requiring each manufacturer to have available on May 1 of each year a supply of completed serum equivalent to not less than 40 per centum of his previous year's sales. Aug. 24, 1935, ch. 641, § 58, 49 Stat. 781.)

§ 854. Order regulating handlers; issuance and terms-Whenever all the handlers of not less than 75 per centum of the volume of anti-hog-cholera serum and hog-cholera virus which is handled in the current of interstate or foreign commerce, or so as directly to burden, obstruct, or affect interstate or foreign commerce, have signed a marketing agreement entered into with the Secretary of Agriculture pursuant to section 652 of this title, the Secretary of Agriculture shall issue an order which shall regulate only such handling in the same manner as, and contain only such terms and conditions as are contained in such marketing agreement, and shall from time to time amend such order in conformance with amendments to such marketing agreement. Such order shall terminate upon termination of such marketing agreement as provided in such marketing agreement. (Aug. 24, 1935, ch. 641, § 59, 49 Stat. 781.)

§ 855. Applicability of other laws.-Subject to the policy declared in section 851 of this title, the provisions of subsections (6), (7), (8), and (9) of section 608a and of subsections (14)

and (15) of section 608c of this title are made applicable in connection with orders issued pursuant to section 854 of this title, and the provisions of section 608d of this title are hereby made applicable in connection with marketing agreements entered into pursuant to section 852 of this title and orders issued pursuant to section 854 of this title. The provisions of subsections (a), (b), (2), (c), (f), (h), and (i) of section 610 of this title, as amended, are hereby made applicable in connection with the administration of sections 851-855 of this title. (Aug. 24, 1935, ch. 641, § 60, 49 Stat. 782.)

FEDERAL RULES OF CIVIL PROCEDURE Process, see Rule 4, following section 723c of Title 28, Judicial Code and Judiciary.

Chapter 31.-RURAL ELECTRIFICATION

§ 901. Rural Electrification Administration; Administrator; short title of law. There is hereby created and established in the Department of Agriculture an agency of the United States to be known as the "Rural Electrification Administration", all of the powers of which shall be exercised by an Administrator, under the general direction and supervision of the Secretary of Agriculture, who shall be appointed by the President by and with the advice and consent of the Senate, for a term of ten years, and who shall receive a salary of $10,000 per year. This chapter may be cited as the "Rural Electrification Act of 1936." (May 20, 1936, ch. 432, § 1, 49 Stat. 1363; Reorg. Plan No. II, § 5, eff. July 1, 1939, 4 Fed. Reg. 2732, 53 Stat. 1434.)

TRANSFER OF FUNCTIONS

Rural Electrification Administration and its functions and activities were transferred to Department of Agriculture, to be administered therein by Administrator under general direction and supervision of Secretary of Agriculture, by Reorganization Plan No. II, § 5, effective July 1, 1939, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees. See also sections 401-404 of said plan for provisions relating to transfer of functions, records, property, personnel, and funds.

§ 902. Loans by Administrator; investigations and reports.The Administrator is authorized and empowered to make loans in the several States and Territories of the United States for rural electrification and the furnishing of electric energy to persons in rural areas who are not receiving central station service, as hereinafter provided; to make, or cause to be made, studies, investigations, and reports concerning the condition and progress of the electrification of rural areas in the several States and Territories; and to publish and disseminate information with respect thereto. (May 20, 1936, ch. 432, § 2, 49 Stat. 1363.)

§ 903. Funds of Administrator-(a) Loans by Reconstruction Finance Corporation to Administrator.-The Reconstruction Finance Corporation is hereby authorized and directed to make loans to the Administrator, upon the request and approval of the Secretary of Agriculture, in such amounts in the aggregate for each year commencing with the fiscal year ending June 30, 1945, as the Congress may from time to time determine to be necessary

with interest at a rate of 134 per centum per annum upon the security of the obligations of borrowers from the Administrator appointed pursuant to the provisions of this chapter or from the Administrator of the Rural Electrification Administration established by Executive Order Numbered 7037. Interest rates on the unpaid balance of any loans made by the Reconstruction Finance Corporation to the Administrator prior to September 21, 1944 shall be adjusted to a rate of 134 per centum per annum: Provided, That no such loan shall be in an amount exceeding 85 per centum of the principal amount outstanding of the obligations constituting the security therefor: And provided further, That such obligations incurred for the purpose of financing the construction and operation of generating plants, electric transmission and distribution lines, or systems shall be fully amortized over a period not to exceed thirty-five years, and that the maturity of such obligations incurred for the purpose of financing the wiring of premises and the acquisition and installation of electrical and plumbing appliances and equipment shall not exceed two-thirds of the assured life thereof and not more than five years. The Administrator is hereby authorized to make all such endorsements, to execute all such instruments, and to do all such acts and things as shall be necessary to effect the valid transfer and assignment to the Reconstruction Finance Corporation of all such obligations. The amount of the notes, bonds, debentures, and other such obligations which the Reconstruction Finance Corporation is authorized and empowered to issue and to have outstanding at any one time under existing law is hereby increased by an amount sufficient to carry out the provisions hereof.

(b) Appropriations.-There are hereby authorized to be appropriated such sums as the Congress may from time to time determine to be necessary for the purposes of this chapter as hereinafter provided.

(c) Allotment of funds for loans in States.-Fifty per centum of the annual sums herein made available or appropriated for the purposes of this chapter shall be allotted yearly by the Administrator for loans in the several States in the proportion which the number of their farms not then receiving central station electric service bears to the total number of farms of the United States not then receiving such service. The Administrator, shall within ninety days after the beginning of each fiscal year, determine for each State and for the United States the number of farms not then receiving such service.

(d) Loans of unallotted funds. The remaining 50 per centum of such annual sums shall be available for loans in the several States and in the Territories, without allotment as hereinabove provided, in such amounts for each State and Territory as, in the opinion of the Administrator, may be effectively employed for the purposes of this chapter, and to carry out the provisions of section 907 of this title: Provided, however, That not more than 10 per centum of said unallotted annual sums may be employed in any one State, or in all of the Territories.

(e) Unexpended funds; limitation on loans by Reconstruction Finance Corporation.-If any part of the annual sums made avail

able for the purposes of this chapter shall not be loaned or obligated during the fiscal year for which such sums are made available, such unexpended or unobligated sums shall be available for loans by the administrator in the following year or years without allotment: Provided, however, That not more than 10 per centum of said sums may be employed in any one State or in all of the Territories.

(f) Disposition of payments on loans.-All moneys representing payments of principal and interest on loans made by the Administrator under this chapter shall be covered into the Treasury as miscellaneous receipts, except that any such moneys representing payments of principal and interest on obligations constituting the security for loans made by the Reconstruction Finance Corporation to the Administrator shall be paid to the Reconstruction Finance Corporation in payment of such loans. ((May 20, 1936, ch. 432, § 3, 49 Stat. 1364; June 21, 1938, ch. 554, title IV, § 401, 52 Stat. 818; Sept. 21, 1944, ch. 412, title V, §§ 501, 503, 504, 58 Stat. 739, 740.)

HISTORICAL NOTE

The Rural Electrification Administration was established on May 11, 1935 by Executive Order Numbered 7037. Following enactment of the Rural Electrification Act of 1936, Act May 20, 1936, cited to text, the functions, property and personnel of the old agency were transferred to the new agency by Executive Order Numbered 7458, Sept. 29, 1936, 1 Fed. Reg. 1477.

RESTRICTIONS ON BORROWER

Act June 21, 1938, cited to text, in addition to amending subsections (a) and (e), provided in part as follows: "In making loans pursuant to this title and pursuant to the Rural Electrification Act of 1936, the Administrator of the Rural Electrification Administration shall require that, to the extent practicable and the cost of which is not unreasonable, the borrower agree to use in connection with the expenditure of such funds only such unmanufactured articles, materials, and supplies, as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States."

AMENDMENTS

1944-Subsec. (a) amended by act Sept. 21, 1944, cited to text, which struck out words "The Reconstruction Finance Corporation * at 3 per centum per annum” and inserted in lieu thereof "The Reconstruction Finance Corporation *** of 14 per centum per annum", changed colon to period following "Numbered 7037", inserted "Interest rates on * 14 centum per annum:", added sentence "The amount of the notes * * the provisions hereof.", and substituted "thirty-five years" for "twenty-five years" in second proviso.

*

per out

Subsec. (b) amended by act Sept. 21, 1944, cited to text, which struck out entire subsec. limiting amount of appropriation and renewal of appropriations to eight years after June 30, 1938, and inserted in lieu thereof new subsec.

*

Subsec. (e) amended by act Sept. 21, 1944, cited to text, which struck out "and provided further, * after June 30, 1939."; and changed colon to period following "Territories".

CODIFICATION

This section was originally amended by the Work Relief and Public Works Appropriation Act of 1938, Act June 21, 1938, cited to text. These amendments were abrogated when the section was further amended by the Department of Agriculture Organic Act of 1944, Act Sept. 21, 1944, cited to text.

§ 904. Loans by Administrator for electrical plants and transmission lines; preferences; consent of State authorities.-The Administrator is authorized and empowered, from the sums hereinbefore authorized, to make loans to persons, corporations, States, Territories, and subdivisions and agencies thereof, municipalities, peoples' utility districts and cooperative, non-profit, or limited-dividend associations, organized under the laws of any State or Terrtory of the Unted States, for the purpose of financing the construction and operation of generating plants, electric transmission and distribution lines or systems for the furnishing of electric energy to persons in rural areas who are not receiving central station service, and loans, from funds available under the provisions of section 903 (d) and 903 (e) of this title but without regard to the 10 per centum limitation therein contained, to cooperative associations for the purpose of enabling said cooperative associations to discharge or refinance long-term debts owed by them to the Tennessee Valley Authority on account of loans made or credit extended under the terms of sections 831831dd of Title 16: Provided, That the Administrator, in making such loans, shall give preference to States, Territories, and subdivisions and agencies thereof, municipalities, peoples' utility districts, and cooperative, nonprofit, or limited-dividend associations, the projects of which comply with the requirements of this chapter. Such loans shall be on such terms and conditions relating to the expenditure of the moneys loaned and the security therefor as the Administrator shall determine and may be made payable in whole or in part out of the income: Provided further, That all such loans shall be self-liquidating within a period of not to exceed thirty-five years, and shall bear interest at the rate of 2 per centum per annum; interest rates on the unmatured and unpaid balance of any loans made pursuant to this section prior to December 23, 1944, shall be adjusted to 2 per centum per annum, and the maturity date of any such loans may be readjusted to occur at a date not beyond thirty-five years from the date of such loan: And provided further, That no loan for the construction, operation, or enlargement of any generating plant shall be made unless the consent of the State authority having jurisdiction in the premises is first obtained. Loans under this section and section 905 of this title shall not be made unless the Administrator finds and certifies that in his judgment the security therefor is reasonably adequate and such loans will be repaid within the time agreed. (May 23, 1936, ch. 432, § 4, 49 Stat. 1365; Sept. 21, 1944, ch. 412, title V, §§ 502 (a), 503, 58 Stat. 739; Dec. 23, 1944, ch. 725, 58 Stat. 925.)

*

AMENDMENTS

1944-Act Dec. 23, 1944, cited to text, amended section by adding "and loans, from funds * * of sections 831-831dd of Title 16" preceding first proviso.

Act Sept. 21, 1944, cited to text, amended section by substituting "thirtyfive years" for "twenty-five years", striking out "at a rate equal * ** such obligations were issued" and inserting in lieu thereof "at a rate of 2 date of such loan" both in second proviso.

CODIFICATION

This section was amended by the Department of Agriculture Organic Act, Sept. 21, 1944, and by Act Dec. 22, 1944, both cited to text.