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sections 661-663, 664-673, 674 of Title 5: And provided further, That no salary in excess of $10,000 per annum shall be paid to any such person.
(b) Expenditures.—Make such expenditures as he deems necessary to carry out the provisions of this chapter, including personal services and rents in the District of Columbia and elsewhere, traveling expenses (including the purchase, maintenance, and repair of passenger-carrying vehicles), supplies and equipment, law books, books of reference, directories, periodicals, and newspapers. (Sept. 1, 1937, ch. 898, title V, § 501, 50 Stat. 915.)
§ 1172. Financial provisions(a) Annual appropriation.There is hereby authorized to be appropriated for each fiscal year for the purpose and administration of this chapter, except for allotments in the Philippine Islands as provided in subsection (g) of section 1115, a sum not to exceed $55,000,000.
(b) Availability of funds.-All funds available for carrying out this chapter shall be available for allotment to the bureaus and offices of the Department of Agriculture and for transfer to such other agencies of the Federal Government as the Secretary may request to cooperate or assist in carrying out the provisions of this chapter. (Sept. 1, 1937, ch. 898, title V, $ 502, 50 Stat. 915.)
8 1173. Appropriation for financing Philippine program of economic adjustment. There is authorized to be appropriated an amount equal to the amount of the taxes collected or accrued under subchapter IV on sugars produced from sugarcane grown in the Commonwealth of the Philippine Islands which are manufactured in or brought into the United States on or prior to June 30, 1947, minus the costs of collecting such taxes and the estimates of amounts of refunds required to be made with respect to such taxes, for transfer to the Government of the Commonwealth of the Philippines for the purpose of financing a program of economic adjustment in the Philippines, the transfer to be made under such terms and conditions as the President of the United States may prescribe: Provided, That no part of the appropriations herein authorized shall be paid directly or indirectly for the production or processing of sugarcane in the Philippine Islands. (As amended Dec. 26, 1941, ch. 638, § 6, 55 Stat. 873; June 20, 1944, ch. 266, § 2, 58 Stat. 284.)
AMENDMENTS 1944–Act June 20, 1944, cited to text, amended section by striking out “June 30, 1945” and inserting in lieu thereof “June 30, 1947."
1941–Act Dec. 26, 1941, cited to text, substituted “June 30, 1945” for "June 30, 1942".
CROSS REFERENCES Payment of any moneys appropriated after August 7, 1939, by virtue of accruals of excise and import taxes prior to July 4, 1946, into Treasury of the Philippines, see section 1248 (a) of Title 48, Territories and Insular Possessions.
Provisions specifying purpose for which appropriations could be used and manner and condition of transfer not applicable to any moneys appropriated on or after January 1, 1939, and to that extent repealed, see section 1248 (c) of Title 48, Territories and Insular Possessions.
Proviso restriction, continuance in full force and effect, see section 1248 (c) of Title 48. Territories and Insular Possessions.
§ 1174. Rules and regulations; violation.—The Secertary is authorized to make such orders or regulations, which shall have the force and effect of law, as may be necessary to carry out the powers vested in him by this chapter. Any person knowingly violating any order or regulation of the Secretary issued pursuant to this chapter shall, upon conviction, be punished by a fine of not more than $100 for each such violation. (Sept. 1, 1937, ch. 898, title V, § 504, 50 Stat. 915.)
§ 1175. Jurisdiction of courts.—The several district courts of the United States are hereby vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, the provisions of this chapter. If and when the Secretary shall 80 request, it shall be the duty of the several district attorneys of the United States, in their respective districts, to institute proceedings to enforce the remedies and to collect the penalties and forfeitures provided for in this chapter. The remedies provided for in this chapter shall be in addition to, and not exclusive of, any of the remedies or penalties existing at law or in equity. (Sept. 1, 1937, ch. 898, title V, § 505, 50 Stat. 915.)
§ 1176. Forfeitures.-Any person who knowingly violates, or attempts to violate, or who knowingly participates or aids in the violation of, any of the provisions or section 1119 of this title, or any person who brings or imports into the continental United States direct-consumption sugar after the quantities specified in section 1117 of this title have been filled, shall forfeit to the United States the sum equal to three times the market value, at the time of the commission of any such, (a) of that quantity of sugar or liquid sugar by which any quota, proration, or allotment is exceeded, or (b) of that quantity brought or imported into the continental United States after the quantities specified in section 1117 of this title have been filled, which forfeiture shall be recoverable in a civil suit brought in the name of the United States. (Sept. 1, 1937, ch. 898, title V, $ 506, 50 Stat. 915.)
§ 1177. Duty to furnish information; penalty.-All persons engaged in the manufacturing, marketing, or transportation of sugar or liquid sugar, and having information which the Secretary deems necessary to enable him to administer the provisions of this chapter, shall, upon the request of the Secretary, furnish him with such information. Any person willfully failing or refusing to furnish such information, or furnishing willfully any false information, shall upon conviction be subject to a penalty of not more than $1,000 for each such violation. (Sept. 1, 1937, ch. 898, title V, § 507, 50 Stat. 916.)
§ 1178. Sugar investments by officials prohibited; penalty.
Subject matter of this section, act September 1, 1937, ch. 898, title V, § 508, 50 Stat. 916, is now covered by section 3506 of Title 26, Internal Revenue Code.
8 1179. Emergency; powers of President.—Whenever the President finds and proclaims that a national economic or other emergency exists with respect to sugar or liquid sugar, he shall by proclamation suspend the operation of Subchapter II or III above, which he determines, on the basis of such findings, should
be suspended, and, thereafter, the operation of any such title shall continue in suspense until the President finds and proclaims that the facts which occasioned such suspension no longer exist. The Secretary shall make such investigations and reports thereon to the President as may be necessary to aid him in carrying out the provisions of this section. (Sept. 1, 1937, ch. 898, title V, $ 509, 50 Stat. 916.)
CONDITIONAL PAYMENTS UNDER 1940 PROGRAM Act June 25, 1940, ch. 421, 54 Stat. 563 provided that conditional payments in connection with the 1940 sugar program should not be made if, by proclamation under this section, sections 1111-1122, 1131-1137 of this title should have been suspended and should remain suspended until July 1, 1940. Quota provisions of this chapter were temporarily suspended by proclamation of the President on September 11, 1939, but were restored by Presidential proclamation on December 26, 1939. Provisions did not remain suspended until July 1, 1940, under act June 25, 1940, ch. 421, 54 Stat. 563, and hence the 1940 conditional payment program was not suspended.
$ 1180. Laws ineffective. The provisions of sections 601-608, 608a-608c, 608d-612, 613-619, 620, 623, 624 of this title, shall cease to apply to sugar upon the enactment of this chapter. (Sept. 1, 1937, ch. 898, title V, $ 510, 50 Stat. 916.)
CODIFICATION Section as originally enacted contained provision repealing sections 608a1, 613a of this title.
§ 1181. Surveys and investigations by Secretary of producerprocessor and producer-laborer contracts.--In order to facilitate the effectuation of the purposes of this chapter, the Secretary is authorized to make surveys, investigations, including the holding of public hearings, and to make recommendations with respect to (a) the terms and conditions of contracts between the producers and processors of sugar beets and sugarcane and (b) the terms and conditions of contracts between laborers and producers of sugar beets and sugarcane. (Sept. 1, 1937, ch. 89 title V, § 511, 50 Stat. 916.)
8 1182. Same; of general conditions and factors; publication of information. The Secretary is authorized to conduct surveys, investigations, and research relating to the conditions and factors affecting the methods of accomplishing most effectively the purposes of this chapter and for the benefit of agriculture generally in any area. Notwithstanding any provision of existing law, the Secretary is authorized to make public such information as he deems necessary to carry out the provisions of this chapter. (Sept. 1, 1937, ch. 898, title V, $ 512, 50 Stat. 916.)
$ 1183. Termination of chapter. The powers vested in the Secretary under this chapter shall terminate on December 31, 1946, except that the Secretary shall have power to make payments under Subchapter III under programs applicable to the crop year 1946 and previous crop years. (Sept. 1, 1937, ch. 898, title V, S 513, 50 Stat. 916; Oct. 15, 1940, ch. 887, § 1, 54 Stat. 1178; Dec. 26, 1941, ch. 638, § 1, 55 Stat. 872; June 20, 1944, ch. 266, § 1, 58 Stat. 283.)
Chapter 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
GENERAL PROVISIONS § 1281. Short title.—This chapter may be cited as the "Agricultural Adjustment Act of 1938". (Feb. 16, 1938, 3 p. m., ch. 30, § 1, 52 Stat. 31.)
Agricultural Adjustment Act of 1938 also amended sections 590h and 5900 of Title 16, Conservation.
§ 1282. Declaration of policy. It is hereby declared to be the policy of Congress to continue sections 590a-590q of Title 16, for the purpose of conserving national resources, perventing the wasteful use of soil fertility, and of preserving, maintaining, and rebuilding the farm and ranch land resources in the national public interest; to accomplish these purposes through the encouragement of soil-building and soil-conserving crops and practices; to assist in the marketing of agricultural commodities for domestic consumption and for export; and to regulate interstate and foreign commerce in cotton, wheat, corn, tobacco, and rice to the extent necessary to provide an orderly, adequate, and balanced flow of such commodities in interstate and foreign commerce through storage of reserve supplies, loans, marketing quotas, assisting farmers to obtain, insofar as practicable, parity prices for such commodities and parity of income, and assisting consumers to obtain an adequate and steady supply of such commodities at fair prices. (Feb. 16, 1938, 3 p. m., ch. 30, § 2, 52 Stat. 31.)
TRANSFER OF FUNCTIONS The functions of Soil Conservation Service in Department of Agriculture with respect to soil and moisture conservation operations conducted on lands under jurisdiction of Department of Interior were transferred to Department of Interior, to be administered under direction and supervision of Secretary of Interior through such agency or agencies in Department of Interior as Secretary shall designate, by Reorganization Plan No. IV, § 6, effective June 30, 1940, set out in note under section 133t of Title 5. See, also, sections 13-15 of said plan for provisions relating to transfer of functions of department heads, records, property, personnel, and funds.
Soil Conservation Service and Agricultural Adjustment Administration consolidated with other agencies into Agricultural Conservation and Adjustment Administration for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to Title 50, War.
SUBCHAPTER I-ADJUSTMENT IN FREIGHT RATES, NEW USES AND
MARKETS, AND DISPOSITION OF SURPLUSES
§ 1291. Adjustments in freight rates-(a) Complaints by Secretary of Agriculture; notice of hearings.—The Secretary of Agriculture is authorized to make complaint to the Interstate Commerce Commission with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Commission. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Commission shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard.
(b) Secretary as party to proceedings. If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Commission shall make the Secretary a party to the proceedings. In such case the Secretary shall have the rights of a party before the Commission and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Commission's determination. The liability of the Secretary in any such case shall extend only to liability for court costs.
(c) Utilization of records, services, etc., of Department of Agriculture. For the purposes of this section, the Interstate Commerce Commission is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture.
(d) Cooperation with complaining farm associations.—The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Interstate Commerce Commission with respect to rates, charges, tariffs, and practices relating to the transportation of farm products. (Feb. 16, 1938, 3 p. m., ch. 30, title II, 8 201, 52 Stat. 36.)
8 1292. New uses and markets for commodities—(a) Regional research laboratories, establishment.—The Secretary is hereby authorized and directed to establish, equip, and maintain four regional research laboratories, one in each major farm producing area, and, at such laboratories, to conduct researches into and to develop new scientific, chemical, and technical uses and new and extended markets and outlets for farm commodities and products and by products thereof. Such research and development shall be devoted primarily to those farm commodities in which there are regular or seasonal surpluses, and their products and byproducts.
(b) Acquisition of land for laboratories; donations.-For the purposes of subsection (a), the Secretary is authorized to acquire land and interests therein, and to accept in the name of the United States donations of any property, real or personal, to any laboratory established pursuant to this section, and to utilize voluntary or uncompensated services at such laboratories. Donations to any one of such laboratories shall not be available for use by any other of such laboratories.
(c) Cooperation with governmental agencies, associations, etc. - In carrying out the purposes of subsection (a), the Secretary is authorized and directed to cooperate with other departments or agencies of the Federal Government, States, State agricultural experiment stations, and other State agencies and institutions, counties, municipalities, business or other organizations, corporations, associations, universities, scientific societies, and individuals, upon such terms and conditions as he may prescribe.
(d) Appropriation for purpose of subsection (a).-To carry out the purposes of subsection (a), the Secretary is authorized to utilize in each fiscal year, beginning with the fiscal year beginning July 1, 1938, a sum not to exceed $4,000,000 of the funds appropriated pursuant to section 1391 of this title, or section 5900 of Title 16, as amended, for such fiscal year. The Secre