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the cotton crop planted for harvest in 1942;" struck out the words "producers of wheat against loss in yields of wheat” and substituted in lieu thereof "producers of the agricultural commodity against loss in yields of the agricultural commodity" in the first sentence; and substituted "the agricultural commodity" for "wheat” in the third sentence.
Subsecs. (b), (c), (d) were amended by act June 21, 1941, cited to text, which substituted the words "the agricultural commodity" for "wheat" throughout, and in subsec. (d) second sentence was inserted. Subsec. (e) was added by act June 21, 1941, cited to text.
TRANSFER OF FUNCTIONS Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this title.
$ 1509. Exemption of indemnities from levy.-Claims for indemnities under this chapter shall not be liable to attachment, levy, garnishment, or any other legal process before payment to the insured or to deduction on account of the indebtedness of the insured or his estate to the United States except claims of the United States or the Corporation arising under this chapter. (Feb. 16, 1938, 3 p. m., ch. 30, title V, 8 509, 52 Stat. 75.)
§ 1510. Deposit and investment of funds; Federal Reserve banks as fiscal agents.All money of the Corporation not otherwise employed may be deposited with the Treasurer of the United States or in any bank approved by the Secretary of the Treasury, subject to withdrawal by the Corporation at any time, or with the approval of the Secretary of the Treasury may be invested in obligations of the United States or in obligations guaranteed as to principal and interest by the United States. Subject to the approval of the Secretary of the Treasury, the Federal Reserve banks are hereby authorized and directed to act as depositories, custodians, and fiscal agents for the Corporation in the performance of its powers conferred by this chapter. (Feb. 16, 1938, 3 p. m., ch. 30, title V, $ 510, 52 Stat. 75.)
8 1511. Tax exemption.-- The Corporation, including its franchise, its capital, reserves, and surplus, and its income and property, shall be exempt from all taxation now or hereafter imposed by the United States or by any Territory dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. (Feb. 16, 1938, 3 p. m., ch. 30, title V, § 511, 52 Stat. 75.)
§ 1512. Corporation as fiscal agent of government.—When designated for that purpose by the Secretary of the Treasury, the Corporation shall be a depository of public money, except receipts from customs, under such regulations as may be prescribed by said Secretary; and it may also be employed as a financial agent of able duties, as a depository of public money and financial agent of the Government, as may be required of it. (Feb. 16, 1938, 3 p. m., ch. 30, title V, § 512, 52 Stat. 75.)
§ 1513. Accounting by corporation.—The Corporation shall at all times maintain complete and accurate books of account and shall file annually with the Secretary of Agriculture a complete report as to the business of the Corporation. The financial transactions of the Corporation shall be audited at least once each year by
the General Accounting Office for the sole purpose of making a report to Congress, together with such recommendations as the Comptroller General of the United States may deem advisable: Provided, That such report shall not be made until the Corporation shall have had reasonable opportunity to examine the exceptions and criticisms of the Comptroller General or the General Accounting Office, to point out errors therein, explain or answer the same, and to file a statement which shall be submitted by the Comptroller General with his report. (Feb. 16, 1938, 3 p. m., ch. 30, title V, § 513, 52 Stat. 76.)
§ 1514. Crimes and offenses—(a) False statements; overvaluation of securities.--Whoever makes any statement knowing it to be false, or whoever willfully overvalues any security, for the purpose of influencing in any way the action of the Corporation, or for the purpose of obtaining for himself or another money, property, or anything of value, under this chapter, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both.
(b) Speculation by employers in commodities or stock of handling corporations. No person shall, while acting in any official capacity in the administration of this chapter, speculate, directly or indirectly, in any agricultural commodity or product thereof, to which this chapter applies, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity or product. Any person violating this subsection shall upon conviction thereof be fined not more than $10,000 or imprisoned not more than two years, or both.
(c) Embezzlement, etc.; false entries; fraudulent issue of obligations of corporation.-Whoever, being connected in any capacity with the Corporation, (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to the Corporation or pledged or otherwise entrusted to it; or (2) with intent to defraud the Corporation, or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiner of the Corporation, makes any false entry in any book, report, or statement of, or to, the Corporation or draws any order, or issues, puts forth, or assigns any note or other obligation or draft, mortgage, judgment, or decree thereof; or (3) with intent to defraud the Corporation, participates or shares in or receives directly or indirectly any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of the Corporation, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both.
(d) Misappropriation of pledged securities.—Whoever willfully shall conceal, remove, dispose of, or convert to his own use or to that of another, any property mortgaged or pledged to, or held by, the Corporation, as security for any obligation, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both.
(e) Conspiracy to commit offense.—Whoever conspires with another to accomplish any of the acts made unlawful by the pre
ceding provisions of this section shall, on conviction thereof, be subject to the same fine or imprisonment, or both, as is applicable in the case of conviction for doing such unlawful act.
(f) Application of laws on interest of members of Congress in contracts. The provisions of sections 202-207 of Title 18 insofar as applicable, are extended to apply to contracts or agreements with the Corporation under this chapter: Provided, however, That the provisions of section 22 of Title 41 and sections 204 and 205 of Title 18 shall not apply to any crop-insurance agreements made under this chapter. (Feb. 16, 1938, 3 p. m., ch. 30, title V, $ 514, 52 Stat. 76.)
8 1515. Advisory committee; appointment and compensation.The Secretary of Agriculture is authorized to appoint from time to time, an advisory committee, consisting of not more than five members experienced in agricultural pursuits and appointed with due consideration to their geographical distribution, to advise the Corporation with respect to carrying out the purposes of this chapter. The compensation of the members of such committee shall be determined by the Board but shall not exceed $10 per day each while actually employed and actual necessary traveling and subsistence expenses, or a per diem allowance in lieu thereof. (Feb. 16, 1938, 3 p. m., ch. 30, title V, § 515, 52 Stat. 77.)
§ 1516. Appropriations and regulations.-(a) There are hereby authorized to be appropriated such sums, not in excess of $12.000,000 for each fiscal year beginning after June 30, 1938, as may be necessary to cover the operating and administrative costs of the Corporation, which shall be allotted to the Corporation in such amounts and at such time or times as the Secretary of Agriculture may determine: Provided, That expenses in connection with the purchase, transportation, handling, or sale of the agricultural commodity may be considered by the Corporation as being nonadministrative or nonoperating expenses. For the fiscal year ending June 30, 1939, the appropriation authorized under this subsection is authorized to be made only out of the unexpended balances for the fiscal year ending June 30, 1938, of the sums appropriated pursuant to section 5900 of Title 16, as amended.
(b) The Secretary and the Corporation, respectively, are authorized to issue such regulations as may be necessary to carry out the provisions of this chapter. (Feb. 16, 1938, 3 p. m., ch. 30, title V, § 516, 52 Stat. 77; June 21, 1941, ch. 214, SS 6, 8, 55 Stat. 255, 256.)
AMENDMENTS 1941–Subsec. (a) was amended by act June 21, 1941, cited to text, which substituted the words "the agricultural commodity" for "wheat”, and substituted "$12,000,000" for "$6,000,000".
TRANSFER OF FUNCTIONS Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, sce note under section 1503 of this title.
§ 1517. Separability clause.—The sections of this chapter and subdivisions of sections are hereby declared to be separable, and in the event any one or more sections or parts of the same of
this chapter be held to be unconstitutional, the same shall not affect the validity of other sections or parts of sections of this chaper. (Feb. 16, 1938, 3 p. m., ch. 30, title V, $ 517, 52 Stat. 77.)
§ 1518. Agricultural commodity defined.—"Agricultural commodity", as used in this chapter, means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugarcane, timber and forests, potatoes and other vegetables, citrus and other fruits, tame hay, or any other agricultural commodity determined by the Board pursuant to subsection (a) (2) of section 1508 of this title, or any one or more of such commodities, as the context may indicate. (Feb. 16, 1938, 3 p. m., ch. 30, title V, $ 518, as added June 21, 1941, ch. 214, $ 9, 55 Stat. 256, and amended Dec. 23, 1944, ch. 713, § 4, 58 Stat. 919.)
AMENDMENTS 1944–Act Dec. 23, 1944, cited to text, amended section by increasing scope of definition of "agricultural commodity" from "wheat or cotton" to include all crops now set out.
FORMER SECTION 1518 RENUMBERED Former section 1518 was renumbered by act June 21, 1941, cited to text and now constitutes section 1519 of this title.
§ 1519. Amendment or repeal.—The right to alter amend, or repeal this chapter is hereby reserved. (Feb. 16, 1938, 3 p. m., ch. 30, title V, § 518, 52 Stat. 77; renumbered § 519, June 21, 1941, ch. 214, § 9, 55 Stat. 256.)
§ 1551. Short title. This chapter may be cited as the “Federal Seed Act." (Aug. 9, 1939, ch. 615, § 1, 53 Stat. 1275.)
SUBCHAPTER 1.--DEFINITIONS § 1561. Definition of terms.(a) When used in this chapter
(1) The term "United States” means the several States, Alaska, District of Columbia, Hawaii, and Puerto Rico.
(2) The term “person” includes a partnership, corporation, company, society, or association.
(3) The term "interstate commerce" means
(A) commerce between any State, Territory, possession, or the District of Columbia, and any other State, Territory, possession, or the District of Columbia ; or
(B) commerce between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or
(C) commerce within the District of Columbia.
(4) For the purposes of this chapter with respect to labeling for variety and origin (but not in anywise limiting the foregoing definition), seeds shall be considered to be in interstate commerce, or delivered for transportation in interstate commerce, if such seeds are part of, or delivered for transportation in, that current of commerce usual in the transportation and/or merchandising of seeds, whereby such seeds are sent from one State with the expectation that they will end their transit in another, including, in addition to cases within the above general description, all cases where seeds are transported or delivered for transportation to another State, or for processing or cleaning for seeding purposes within the State and shipment outside the State of the processed or cleaned seeds. Seeds normally in such current of commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this chapter.
(5) The term "foreign commerce" means commerce between the United States, its possessions, or any Territory of the United States, and any foreign country.
(6) (a) The term "district court of the United States" means any court exercising the powers of a district court of the United States,
(b) The term "circuit court of appeals,” in case the principal place of business or the place of residence of a person against whom a cease and desist order is issued is in the District of Columbia, includes the Court of Appeals of the District of Columbia.
(7) The term
(A) "Agricultural seeds” shall include grass, forage, and field crop seeds, as follows:
Agropyron cristatum (L.) Beauv.-Crested wheatgrass.
Agropyron pauciflorum (Schwein.) Hitchc.-Slender wheatgrass.
Agropyron smithii Rydb.--Bluestem.
Echinochloa crusgalli frumentacea (Roxb.) Wight.-Japanese millet.
Fagopyrum vulgare Hill.-Common buckwheat.
Lespedeza striata (Thumb.) Hook and Arn.-Common and Kobe lespedeza.
Linum usitatissimum L.-Flax.