Imágenes de páginas
PDF
EPUB

tion at any time and after due notice and opportunity for hearing to interested parties, that the conditions of production, marketing, and consumption are such that during such period sections 601608, 608a-608c, 608d-612, 613-619, 620, 623, 624 of this title can not be effectively administered to the end of effectuating the declared policy with respect to such commodity or classification, type, or grade thereof. As used in sections 601-608, 608a-608c, 608d-612, 613-619, 620, 623, 624 of this title, the term “potatoes” means all varieties of potatoes included in the species Solanum tuberosum. (May 12, 1933, ch. 25, title I, § 11, 48 Stat. 38; Apr. 7, 1934, ch. 103, SS 1, 3 (b), 4, 5, 48 Stat. 528; May 9, 1934, 11:23 a. m., ch. 263, § 1, 48 Stat. 670; Aug. 24, 1935, ch. 641, $ 61, 49 Stat. 782.)

TERMINATION OF APPLICATION TO SUGAR Provisions of this section ceased to apply to sugar on Sept. 1, 1937. See section 1180 of this title.

§ 612. Appropriation; use of revenues derived from taxes; administrative expenses, what included.—(a) There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $100,000,000 to be available to the Secretary of Agriculture for administrative expenses under sections 601-608, 608a-608c, 608d-612, 613-619, 620, 623, 624 of this title and for payments authorized to be made under section 608 of this title. Such sum shall remain available until expended. To enable the Secretary of Agriculture to finance, under such terms and conditions as he may prescribe, surplus reductions with respect to the dairy- and beef-cattle industries, and to carry out any of the purposes described in subsections (a) and (b) of this section and to support and balance the markets for the dairy and beef cattle industries, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000,000: Provided, That not more than 60 per centum of such amount shall be used for either of such industries.

(b) In addition to the foregoing, for the purpose of effectuating the declared policy of sections 601-608, 608a-608c, 608d612, 613-619, 620, 623, 624 of this title, a sum equal to the proceeds derived from all taxes imposed under sections 601-608, 6082-608c, 6080-612, 613-619, 620, 623, 624 of this title is hereby appropriated to be available to the Secretary of Agriculture for (1) the acquisition of any agricultural commodity pledge as security for any loan made by any Federal agency, which loan was conditioned upon the borrower agreeing or having agreed to cooperate with a program of production adjustment or marketing adjustment adopted under the authority of sections 601-608, 6082-608c, 608d-612, 613-619, 620, 623, 624 of this title, and (2) the following purposes under sections 608, 608a-608c, 6081-612, 613-619, 620, 623, 624 of this title: Administrative expenses, payments authorized to be made under section 608 of this title, and refunds on taxes. The Secretary of Agriculture and the Secretary of the Treasury shall jointly estimate from time to time the amounts, in addition to any money available under subsection (a), currently required for such purposes; and the Secretary of

[ocr errors]

the Treasury shall, out of any money in the Treasury not otherwise appropriated, advance to the Secretary of Agriculture the amounts so estimated. The amount of any such advance shall be deducted from such tax proceeds as shall subsequently become available under this subsection.

(c) The administrative expenses provided for under this section shall include, among others, expenditures for personal services and rent in the District of Columbia and elsewhere, for law books and books of reference, for contract stenographic reporting services, and for printing and paper in addition to allotments under the existing law. The Secretary of Agriculture shall transfer to the Treasury Department, and is authorized to transfer to other agencies out of funds available for administrative expenses under sections 601-608, 608a-608c, 6080-612, 613-619, 620, 623, 624 of this title, such sums as are required to pay administrative expenses incurred and refunds made by such department or agencies in the administration of sections 601-608, 608a-608c, 608d612, 613-619, 620, 623, 624 of this title. (May 12, 1933, ch. 25, title I, § 12, 48 Stat. 38; Apr. 7, 1934, ch. 103, § 2, 48 Stat. 528; Aug. 24, 1935, ch. 641, SS 3, 19, 49 Stat. 753, 768; June 3, 1937, ch. 296, SS 1, 2, (j), 50 Stat. 246, 248.)

VALIDITY OF SECTION AFFIRMED Act June 3, 1937, ch. 296, § 1, 50 Stat. 246, affirmed and validated, and reenacted without change the provisions of subdivisions (a) and (c) of this section, except for the amendment to subdivision (a) by section 2 of the act. See note to section 601 of this title.

TERMINATION OF APPLICATION TO SUGAR Provisions of this section ceased to apply to sugar on Sept. 1, 1937. See section 1180 of this title.

SETTLEMENT OF CERTAIN CLAIMS AND ACCOUNTS Act June 5, 1942, ch. 349, $$ 2, 3, 56 Stat. 324, authorized Comptroller General to relieve disburs and certifying officers from liability payments made prior to January 6, 1936, under Agricultural Adjustment Act of 1933 or amendments thereto, or under the appropriation “Payments for Agricultural Adjustment” in act Feb. 11, 1936, ch. 49, 49 Stat. 1116, upon certificate of Secretary of Agriculture that such payments were made in good faith, and also provided that no action should be taken to recover such excess payments, if the Secretary of Agriculture should further certify that in view of the good faith of the parties or other circumstances of the case, such attempt to recover them would be inadvisable or inequitable.

§ 612a. Additional appropriation authorized; use in connection with dairy and beef products. There is authorized to be appropriated the sum of $50,000,000 to enable the Secretary of Agriculture to make advances to the Surplus Marketing Administration for the purchase of dairy and beef products for distribution for relief purposes, and to enable the Secretary of Agriculture, under rules and regulations to be promulgated by him and upon such terms as he may prescribe, to eliminate diseased dairy and beef cattle, including cattle suffering from tuberculosis or Bangs disease, and to make payments to owners with respect thereto. (Apr. 7, 1934, ch. 103, $ 6, 48 Stat. 528; Reorg. Plan No. III, § 5, 5 Fed. Reg. 2108, 54 Stat. 1232.)

TRANSFER OF FUNCTIONS Surplus Marketing Administration, including Federal Surplus Commodi. ties Corporation as an agency of Department of Agriculture, consolidated with other agencies into Agricultural Marketing Administration for duration of war, see Ex. Ord. 9069, set out in note under section 601 of Appendix to Title 50, War.

§ 612c. Appropriation to encourage exportation and domestic consumption of agricultural products.—There is approriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs law during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final.

The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes of this section. 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, ch. 641, $ 32, 49 Stat. 774; Feb. 29, 1936, ch. 104, § 2, 49 Stat. 1151; Feb. 16, 1938, 3 p. m., ch. 30, § 203, 52 Stat. 38; June 30, 1939, ch. 253, title I, 53 Stat. 975.)

ADDITIONAL APPROPRIATIONS Resolution June 26, 1940, ch. 432, § 41, 54 Stat. 627, appropriated, in addition to the funds already provided, $50,000,000, to be used by the Secretary of Agriculture, for the purpose of effectuating this section, subject to the provisions of law relating to the expenditure of such funds.

Act June 25, 1940, ch. 421, § 1, 54 Stat. 561, made the funds provided for in this section available for the fiscal year 1941.

Act June 30, 1939, cited to text, besides amending clause 2, provided for the availability of funds provided by this section during the fiscal year 1940.

Act Aug. 25, 1937, ch. 757, § 1, title I, 50 Stat. 762, provided for avail

ability of portions of funds available under this section in fiscal years 1938 and 1939, for expenditure for price-adjustment payments with respect to 1937 cotton crop.

Res. July 1, 1941, ch. 266, § 34, 55 Stat. 407, appropriated, in addition to the funds already provided, $25,000,000, to be used by the Secretary of Agriculture, for the purpose of effectuating this section, subject to the provisions of law relating to the expenditure of such funds.

Act July 1, 1941, ch. 267, § 1, 55 Stat. 435, made the funds provided for in this section available for the fiscal year 1942.

Food STAMP PLAN Act June 25, 1940, ch. 421, § 1, 54 Stat. 563, provided: “That said 25 per centum provision and the like provision in said section 32 (this section), as amended, shall not apply to amounts devoted to a stamp plan for the removal of surplus agricultural commodities from funds made available hereby and by said section 32 (this section), and, notwithstanding expenditures under such stamp plan, the 25 per centum provision shall continue to be calculated on the aggregate amount available hereunder and under said section 32 (this section).” REPEATED.—Act July 1, 1941, ch. 267, § 1, 55 Stat. 438.

CROSS REFERENCE Transfer of funds to Federal Surplus Commodities Corporation, consolidated into the Surplus Marketing Administration, to effectuate clause (2) of this section, see section 713c of Title 15, Commerce and Trade.

§ 613. Termination of sections in chapter.-Sections 601-608, 608a-608c, 608d-612, 613-619, 620, 623, 624 of this title shall cease to be in effect whenever the President finds and proclaims that the national economic emergency in relation to agriculture has been ended; and pending such time the President shall by proclamation terminate with respect to any basic agricultural commodity such provisions of sections 601-608, 608a-608c, 608d612, 613-619, 620, 623, 624 of this title as he finds are not requisite to carrying out the declared policy with respect to such commodity. In the case of sugar beets and sugarcane, the taxes provided by sections 601-608, 608a-608c, 608d-612, 613-619, 620, 623, 624 of this title shall cease to be in effect, and the powers vested in the President or in the Secretary of Agriculture shall terminate on December 31, 1937 unless sections 601-608, 608a-608c, 608d612, 613-619, 620, 623, 624 of this title cease to be in effect at an earlier date, as hereinabove provided. The Secretary of Agriculture shall make such investigations and reports thereon to the President as may be necessary to aid him in executing this section. (May 12, 1933, ch. 25, title I, § 13, 48 Stat. 39; May 9, 1934, 11:23 a. m., ch. 263, § 15, 48 Stat. 677; Aug. 24, 1935, ch. 641, § 20, 49 Stat. 768.)

TERMINATION OF APPLICATION TO SUGAR Provisions of this section ceased to apply to sugar on Sept. 1, 1937. See section 1180 of this title.

§ 614. Separability clause.—If any provision of sections 601608, 608a-608c, 6080-612, 613-619, 620, 623, 624 of this title is declared unconstitutional, or the applicability thereof to any person, circumstance, or commodity is held invalid the validity of the remainder of sections 601-608, 608a-608c, 608d-612, 613-619, 620, 623, 624 of this title and the applicability thereof to other persons, circumstances, or commodities shall not be affected

[ocr errors]
[ocr errors]

thereby. (May 12, 1933, ch. 25, title I, § 14, 48 Stat. 39; June 3, 1937, ch. 296, § 1, 50 Stat. 246.)

VALIDITY OF SECTION AFFIRMED Act June 3, 1937, ch. 296, § 1, 50 Stat. 246, affirmed and validated, and reenacted without change the provisions of this section. See note to section 601 of this title.

§ 615. Refunds of tax; exemptions from tax; compensating tax; compensating tax on foreign goods; covering into Treasury. -(a) If at any time the Secretary of Agriculture finds, upon investigation and after due notice and opportunity for hearing to interested parties, that any class of products of any commodity is of such low value, considering the quantity of the commodity used for their manufacture, that the imposition of the processing tax would prevent in whole or in large part the use of the commodity in the manufacture of such products and thereby substantially reduce consumption and increase the surplus of the commodity, then the Secretary of Agriculture shall so certify to the Secretary of the Treasury, specifying whether such result will in his judgment most effectively be prevented by a suspension of the imposition of the processing tax or a refund of the tax paid, with respect to such amount of the commodity or any product thereof as is used in the manufacture of such products, and thereafter, as shall be specified in such certification, (1) the imposition of the processing tax shall be suspended with respect to such amount of the commodity as is used in the manufacture of such products, and thereafter, as shall be specified in such certification, (2) the imposition of the processing tax shall be suspended with respect to such amount of the commodity as is used in the manufacture of such products until such time as the Secretary of Agriculture, after further investigation and due notice and opportunity for hearing to interested parties, revokes his certification to the Secretary of the Treasury, or (3) the Secretary of the Treasury shall refund (in accordance with the provisions of, to such persons and in such manner as shall be specified in, such certification) the amount of any tax paid (prior to the date of any revocation by the Secretary of Agriculture of his certification to the Secretary of the Treasury, upon further investigation and after due notice and opportunity for hearing to interested parties) under sections 601-608, 608a-608c, 6080-612, 613-619, 620, 623, 624 of this title with respect to such amount of the commodity or any product thereof as is used after the date of such certification in the manufacture of such products, or shall credit against any tax due and payable under sections 601-608, 608a-608c, 6080-612, 613-619, 620, 623, 624 of this title the amount of tax which would be refundable. During the period in which any certificate under this section is effective, the provisions of subsection (e) of this section shall be suspended with respect to all imported articles of the kind described in such certificate; and notwithstanding the provisions of section 623 of this title, any compensating taxes, which have heretofore, during the period in which any certificate under this section has been effective, become due and payable upon imported articles of the kind described in such certificate,

« AnteriorContinuar »