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(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, Title V, sec. 501, 50 Stat. 915; 7 U. S. C., sec. 117i (a), (b).)
630–108. Financial provisions; annual appropriation.—(a) There is hereby authorized to be appropriated for each fiscal year for the purposes and administration of this Act, except for allotments in the Philippine Islands as provided in subsection (g) of section 205, a sum not to exceed $55,000,000.
Availability of funds. (b) All funds available for carrying out this Act 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 Act. (Sept. 1, 1937, Title V, sec. 502, 50 Stat. 915; 7 U. S. C., sec. 1172 (a), (b).)
630–109. 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 title 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, 1941, 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. (Sept. 1, 1937, Title V, sec. 503, 50 Stat. 915; 7 U.S. C., sec. 1173.)
630–110. Rules and regulations; violation. The Secretary 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 Act. Any person knowingly violating any order or regulation of the Secretary issued pursuant to this Act shall, upon conviction, be punished by a fine of not more than $100 for each such violation. (Sept. 1, 1937, Title V, sec. 504, 50 Stat. 915; 7 U. S. C., sec. 1174.)
630–111. 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 Act or of any order or regulation made or issued pursuant to this Act. If and when the Secretary shall so 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 Act. The remedies provided for in this Act shall be in addition to, and not exclusive of, any of the remedies or penalties existing at law or in equity. (Sept. 1, 1937, Title V, sec. 505, 50 Stat. 915; 7 U. S. C., sec. 1175.)
630–112. Forfeitures.—Any person who knowingly violates, or attempts to violate, or who knowingly participates or aids in the violation of, any of the provisions of section 209, or any person who brings or imports into the continental United States direct-consumption sugar after the quantities specified in section 207 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 207 have been filled, which forfeiture shall be recoverable in a civil suit brought in the name of the United States. (Sept. 1, 1937, Title V, sec. 506, 50 Stat. 915; 7 U.S. C., sec. 1176.)
630-113. 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 Act, 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, Title V, sec. 507, 50 Stat. 916; 7 U.S. C., sec. 1177.)
630–114 Sugar investments by officials prohibited; penalty.-No person shall, while acting in any official capacity in the administration of this Act, invest or speculate in sugar or liquid sugar, contracts relating thereto, or the stock or membership interests of any association or corporation engaged in the production or manufacturing of sugar or liquid sugar. Any person violating this section shall upon conviction thereof be fined not more than $10,000 or imprisoned not more than two years, or both. (Sept. 1, 1937, Title V, sec. 508, 50 Stat. 916; 7 U.S.C., sec. 1178.)
630–115. 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 title II or II) 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, Title V, sec. 509, 50 Stat. 916; 7 U.S. C., sec. 1179.)
630–116. Laws ineffective; repeals. —The provisions of the Agricultural Adjustment Act, as amended, shall cease to apply to sugar upon the enactment of this Act, and the provisions of Public Resolution Numbered 109, Seventy-fourth Congress, approved June 19, 1936, are hereby repealed. (Sept. 1, 1937, Title V, sec. 510, 50 Stat. 916; 7 U. S. C., sec. 1180.)
630_117. Surveys and investigations by Secretary of producer-processor and producer-laborer contracts.--In order to facilitate the effectuation of the purposes of this Act, 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, Title V, sec. 511, 50 Stat. 916; 7 U. S. C., sec. 1181.)
630-118. 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 Act 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 Act. (Sept. 1, 1937, Title V, sec. 512, 50 Stat. 916; 7 U. S. C., sec. 1182.)
630_130. Marketing quotas, tobacco; legislative finding of effect on interunder this Act shall terminate on December 31, 1941, except that the Secretary shall have power to make payments under title III under programs applicable to the crop year 1941 and previous crop years. (Sept. 1, 1937, Title V, sec. 513, 50 Stat. 916; Oct. 15, 1940, sec. 1, 54 Stat. 1178; 7 U.S. C., sec. 1183.)
AGRICULTURAL ADJUSTMENT ACT OF 1938
630–120. Short title.—That this Act may be cited as the "Agricultural Adjustment Act of 1938”. (Feb. 16, 1938, sec. 1, 52 Stat. 31; 7 U. S. C., sec. 1281.)
630–121. Declaration of policy. It is hereby declared to be the policy of Congress to continue the Soil Conservation and Domestic Allotment Act, as amended, for the purpose of conserving national resources, preventing 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, sec. 2, 52 Stat. 31; 7 U. S. C., sec. 1282.)
NOTE.—Title I of this act contains amendments to the Soil Conservation and Domestic Allotment Act, as amended, the compilation of which appears as paragraphs 1084-22 to 108438.
630–122. Adjustments in freight rates.
Complaints by Secretary of Agriculture; notice of hearings. (a) 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.
Secretary as party to proceedings. (b) 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 proceeding. 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.
Utilization of records, services, etc. of Department of Agriculture. (c) 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.
Cooperation with complaining farm associations. (d) 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, Title II, sec. 201, 52 Stat. 36; 7 U. S. C., sec. 1291 (a) to (d).)
630–123. New uses and markets for commodities.
Regional research laboratories, establishment. (a) 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 byproducts 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.
Acquisition of land for laboratories; donations. (b) 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.
Cooperation with governmental agencies, associations, etc. (c) 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.
Appropriation for purposes of subsection (a). (d) 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 391 of this Act, or section 15 of the Soil Conservation and Domestic Allotment Act, as amended, for such fiscal year. The Secretary shall allocate one-fourth of such sum annually to each of the four laboratories established pursuant to this section.
Report to Congress. (e) The Secretary shall make a report to Con. gress at the beginning of each regular session of the activities of, expenditures by, and donations to the laboratories established pursuant to subsection (a).
Appropriation to Secretary of Commerce. (f) There is hereby allocated to the Secretary of Commerce for each fiscal year, beginning with the fiscal year beginning July 1, 1938, out of funds appropriated for such fiscal year pursuant to section 391 of this Act, or section 15 of the Soil Conservation and Domestic Allotment Act, as amended, the sum of $1,000,000 to be expended for the promotion of the sale of farm commodities and products thereof in such manner as he shall direct. Of the sum allocated under this subsection to the Secretary of Commerce for the fiscal year beginning July 1, 1938, $100,000 shall be devoted to making a survey and investigation of the cause or causes of the reduction in exports of agricultural commodities from the United States, in order to ascertain methods by which the sales in foreign countries of basic agricultural commodities produced in the United States may be increased.
Duty of Secretary. (g) It shall be the duty of the Secretary to use available funds to stimulate and widen the use of all farm commodities in the United States and to increase in every practical way the flow of such commodities and the products thereof into the markets of the world. (Feb. 16, 1938, Title II, sec. 202, 52 Stat. 37; 7 U. S.C., sec. 1292 (a) to (g).)
630–124. Appropriation to encourage exportation and domestic consumption of agricultural products.-Section 32, as amended, of the Act entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes”, approved August 24, 1935, is amended by striking out “: Provided further, That no part of the funds appropriated by this section shall be used for the payment of benefits in connection with the exportation of unmanufactured cotton", and is further amended by adding at the end thereof the following: “Notwithstanding any other provision of this section, the amount that may be devoted, during any fiscal year after June 30, 1939, to any one agricultural commodity or the products thereof in such fiscal year, shall not exceed 25 per centum of the funds available under this section for such fiscal year.” (Aug. 24, 1935, sec. 32, 49 Stat. 774 as amended Feb. 29, 1936, sec. 2, 49 Stat. 1151; Feb. 16, 1938, sec. 203, 52 Stat. 38; June 30, 1939, Title I, 53 Stat. 975; 7 U. S. C., sec. 612c.) (See also par. 630-9 this volume.)
630-125. Annual report of Federal Surplus commodities Corporation.-The Act entitled "An Act to extend the time for purchase and distribution of surplus agricultural commodities for relief purposes and to continue the Federal Surplus Commodities Corporation", approved June 28, 1937 (Public, Numbered 165, Seventy-fifth Congress), is amended by striking out "continued, until June 30, 1939," and inserting in lieu thereof "continued, until June 30, 1942,". The Federal Surplus Commodities Corporation shall submit to Congress on the first day of each regular session an annual report setting forth a statement of the activities, receipts, and expenditures of the Corporation during the previous fiscal year. (Feb. 16, 1938, Title II, sec. 204, 52 Stat. 38; 7 Ü. S. C., sec. 1293.) (See also par. 630-9 this volume.)