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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, 6080-612, 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Section as originally enacted contained provision repealing sections 608a1, 613a of this title.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. 898, title V, $ 511, 50 Stat. 916.)

§ 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, § 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 Sec- . retary 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, $ 201, 52 Stat. 36.)

§ 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 Secretary shall allocate one-fourth of such sum annually to each of the four laboratories established pursuant to the section.

(e) Report to Congress.—The Secretary shall make a report to Congress at the beginning of each regular session of the activities of, expenditures by, and donations to the laboratories established pursuant to subsection (a).

(f) Appropriation to Secretary of Commerce. 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 prusuant to section 1391 of this title, or section 5900 of Title 16, as amended, the sum of $1,000,000 to be expended for the promotion of sale of farm commodities and products thereof in such shall direct. Of the

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.

(g) Duty of Secretary.-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, 3 p. m., ch. 30, title II, § 202, 52 Stat. 37.)

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SUBCHAPTER II-LOANS, PARITY PAYMENTS, CONSUMER SAFE

GUARDS, AND MARKETING QUOTAS
A. DEFINITION, LOANS, PARITY PAYMENTS, AND

CONSUMER SAFEGUARDS 1301. Definitions-(a) General definitions.—For the purposes of this subchapter and the declaration of policy

(1) "Parity”, as applied to prices for any agricultural commodity, shall be that price for the commodity which will give to the commodity a purchasing power with respect to articles that farmers buy equivalent to the purchasing power of such commodity in the base period; and, in the case of all commodities for which the base period is the period August 1909 to July 1914, which will also reflect current interest payments per acre on farm indebtedness secured by real estate, tax payments per acre on farm real estate, and freight rates, as contrasted with such interest payments, tax payments, and freight rates during the base period. The base period in case of all agricultural commodities except tobacco shall be the period August 1909 to July 1914. In the case of all kinds of tobacco except Burley and flue-cured such base period shall be the period August 1919 to July 1929, and, in the case of Burley and flue-cured tobacco, shall be the period August 1934 to July 1939; except that the August 1919July 1929 base period shall be used in allocating any funds appropriated prior to September 1, 1940.

650673-46-29

(2) “Parity”, as applied to income, shall be that per capita net income of individuals on farms from farming operations that bears to the per capita net income of individuals not on farms the same relation as prevailed during the period from August 1909 to July 1914.

(3) The term "interstate and foreign commerce" means sale, marketing, trade, and traffic between any State or Territory or the District of Columbia or Puerto Rico, and any place outside thereof; or between points within the same State or Territory or within the District of Columbia or Puerto Rico, through any place outside thereof; or within any Territory or within the District of Columbia or Puerto Rico.

(4) The term "affect interstate and foreign commerce" means, among other things, in such commerce, or to burden or obstruct

uch commerce or the free and orderly flow thereof; or to create or tend to create a surplus of any agricultural commodity which burdens or obstructs such commerce or the free and orderly flow thereof.

(5) The term "United States" means the several States and Territories and the District of Columbia and Puerto Rico.

(6) The term "State" includes a Territory and the District of Columbia and Puerto Rico.

(7) The term "Secretary" means the Secretary of Agriculture, and the term "Department" means the Department of Agriculture.

(8) The term “person” means an individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or any agency of a State.

(9) The term “corn” means field corn.

(b) Definitions applicable to one or more commodities. For the purposes of this subchapter-(1) (A) "Actual production” as applied to any acreage of corn means the number of bushels of corn which the local committee determines would be harvested as grain from such acreage if all the corn on such acreage were so harvested. In case of a disagreement between the farmer and the local committee as to the actual production of the acreage of corn on the farm, or in case the local committee determines that such actual production is substantially below normal, the local committee, in accordance with regulations of the Secretary, shall weigh representative samples of ear corn taken from the acreage involved, make proper deductions for moisture content, and determine the actual production of such acreage on the basis of such samples.

(B) "Actual production" of any number of acres of cotton or peanuts on a farm means the actual average yield for the farm times such number of acres.

(2) “Bushel” means in the case of ear corn that amount of ear corn, including not to exceed 1512 per centum of moisture content, which weighs seventy pounds, and in the case of shelled corn, means that amount of shelled corn including not to exceed 151/2 per centum of moisture content, which weighs fifty-six pounds.

(3) (A) "Carry-over”, in the case of corn and rice, for any marketing year shall be the quantity of the commodity on hand

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