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the county extension agent of such county, if such worker has resided in such county for a period of one year or more immediately prior thereto and has been engaged in agricultural labor as his principal occupation during such period.
(b) No part of the funds appropriated in this title, or heretofore appropriated or made available to any department or agency of the Government for the recruiting, transportation, or placement of agricultural workers, shall be used directly or indirectly to fix, regulate, or impose minimum wages or housing standards, to regulate hours of work, or to impose or enforce collectivebargaining requirements or union membership, with respect to any agricultural labor, except with respect to workers imported into the United States from a foreign country and then only to the extent required to comply with agreements with the government of such foreign country: Provided, That nothing herein contained shall prevent the expenditure of such funds in connection with the negotiation of agreements with employers of agricultural workers which may provide that prevailing wagę rates shall be paid for particular crops and areas involved and that shelter shall be provided for such workers.
(c) No part of the funds appropriated in this title shall be used for the establishment or maintenance of regional offices.
MISCELLANEOUS PROVISIONS Sec. 5. (a) Funds appropriated by this title may be expended without regard to section 3709 of the Revised Statutes.
(b) Any payments made by the United States or other public or private agencies or employers to aliens brought into the United States under this title shall not be subject to deduction or withholding under section 143 (b) of the Internal Revenue Code.
(c) For the purpose of this title (1) the term “State" includes Alaska, Hawaii, and Puerto Rico;
(2) the term "worker" includes nationals of the United States and aliens;
(3) the term "agricultural labor” includes any services or activities included within the provisions of section 3 (f) of the Fair Labor Standards Act of 1938 or section 1426 (h) of the Internal Revenue Code.
(d) Effective July 1, 1943, notwithstanding section 3 of the Act of June 29, 1936 (U. S.C., title 40, sec. 433), receipts derived for the account of the United States from the use and occupancy of agricultural labor supply centers, including camps and facilities heretofore used by or under the control of the Farm Security Administration, shall be deposited in the Treasury as miscellaneous receipts: Provided, That all receipts derived from the furnishing of subsistence to workers shall be credited to the appropriation in section 1 and be available for expenditure by the Administrator for the replenishment of subsistence supplies and for expenses incident to the furnishing of such subsistence.
(e) The former Civilian Conservation Corps camps shall be transferred without charge to the Administrator, to the extent
that họ deems necessary to carry out the purposes of this title: Provided, That no such camp which is being utilized by any other agency of the Government, or which has been transferred to any State, county, municipality, or nonprofit organization, shall be transferred to the Administrator under this subsection without the consent of such agency, State, county, municipality, or organization.
(f) Notwithstanding provisions of title I of the Social Security Act, as amended (relating to grants to States for old-age assistance), and of appropriations for payments thereunder, in any case in which any State pays old-age assistance to any individual at a rate not in excess of the rate of old-age assistance paid to such individual during the month of July 1943, any failure to take into consideration any income and resources of such individual arising from agricultural labor performed by him as an employee, or from labor otherwise performed by him in connection with the raising or harvesting of agricultural commodities, after the date of enactment of this Act and prior to the seventh calendar month occurring after the termination of hostilities in the present war, as proclaimed by the President shall not be a basis of excluding payments made to such individual in computing payments made to States under section 3 of such title, of refusing to approve a State plan under section 2 of such title, or of withholding certification pursuant to section 4 of such titlé.
(g) In order to facilitate the employment by agricultural employers in the United States of native-born residents of North America, South America, and Central America, and the islands adjacent thereto, desiring to perform agricultural labor in the United States, during continuation of hostilities in the present war, any such resident desiring to enter the United States for that purpose shall be exempt from the payment of head tax required by section 2 of the Immigration Act of February 6, 1917, and from other admission charges, and shall be exempt from those excluding provisions of section 3 of such Act which relate to contract laborers, the requirements of literacy, and the payment of passage by corporations, foreign government, or others; and any such resident shall be admitted to perform agricultural labor in the United States for such time and under such conditions (but not including the exaction of bond to insure ultimate departure from the United States) as may be required by regulations prescribed by the Commissioner of Immigration and Naturalization with the approval of the Attorney General; and in the event such regulations require documentary evidence of the country of birth of any such resident which he is unable to furnish, such requirement may be waived by the admitting officer of the United States at the point where such resident seeks entry into the United States if such official has other proof satisfactory to him that such resident is a native of the country claimed as his birthplace. Each such resident shall be provided with an identification card (with his photograph and fingerprints) to be prescribed under such regulations which shall be in lieu of all other documentary requirements, including the registration at time of entry or after entry required by the Alien Reg
istration Act of 1940. Any such resident admitted under the foregoing provisions who fails to maintain the status for which he was admitted or to depart from the United States in accordance with the terms of his admission shall be taken into custody under a warrant issued by the Attorney General at any time after entry and deported in accordance with section 20 of the Immigration Act of February 5, 1917. Sections 5 and 6 of such Act shall not apply to the importation of aliens under this title. No provision of this title shall authorize the admission into the United States of any enemy alien.
(h) When authorized by the Administrator, workers under the program may be used in the packing, canning, freezing, drying, or other processing of perishable or seasonable agricultural products.
(i) This title, except as otherwise provided herein, shall take effect upon the date of its enactment into law and shall thereupon supersede the Act of April 29, 1943 (Public Law 45), to the extent that such Act is inconsistent with this title.
(j) If the Administrator finds that there is inadequate farm labor in any area, the Administrator and the agricultural extension service of the land-grant colleges in the respective States are hereby authorized, for the purposes of this title, to negotiate directly with the War Department for the utilization of prisoners of war and the emergency use of soldiers of the United States for the production and harvesting of agricultural commodities within the several States upon such terms and conditions as may be mutually agreed upon, subject, in the case of prisoners of war, to the terms of any treaties or international agreements to which the United States of America is signatory and which are now in effect. For the purposes of this title the War Department may utilize the Administrator and the extension services in the respective States to make such investigations and certifications with respect to the need for utilizing prisoners of war and the emergency use of soldiers of the United States and with respect to the terms and conditions of employment, as may be required by the War Department in order to assure that the terms of such treaties or international agreements are complied with.
(k) The Act of April 29, 1943 (Public Law 45), as amended, is hereby further amended by striking out “January 31, 1944” and inserting “the date of enactment into law of House Joint Resolution 208 of the Seventy-eighth Congress". All obligations incurred during the period between January 31, 1944, and the date of the enactment into law of this Act in anticipation of such appropriations and authority are hereby ratified and confirmed if in accordance with the terms of such Public Law 45, as amended.
(1) This title may be cited as the “Farm Labor Supply Appropriation Act, 1944”.
TITLE II-EXECUTIVE OFFICE OF THE PRESIDENT OFFICE FOR
WAR MANPOWER COMMISSION Migration of workers: To enable the War Manpower Commission to provide, in accordance with regulations prescribed by the Chairman of said Commission, for the temporary migration of workers from foreign countries within the Western Hemisphere (pursuant to agreements between the United States and such foreign countries) for employment in the continental United States with industries and services essential to the preservation, marketing, or distribution of agricultural products, including the timber and lumber industries, and including the transportation of such workers from points outside the United States to ports of entry of the United States and return (including transportation from place of employment in the United States to port of entry of the United States in any case of default by an employer to provide such transportation to a worker, in which event the employer shall be liable to the United States for the cost thereof), cost of temporary maintenance of workers in reception centers in foreign countries and in the United States, when necessary, reasonable subsistence and emergency medical care of such workers from the time of reporting for transportation to the United States or return to the country of origin until arrival at the destination, necessary assistance to meet emergency health and welfare problems while in the United States, when such assistance is not otherwise available to such persons, and guarantees of employment while in the United States to the extent agreed upon with the foreign country from which the worker is imported, fiscal year 1944, $1,359,200, of which not to exceed $97,200 shall be available for all administrative expenses necessary for the foregoing, including not to exceed $10,000 for temporary employment of administrative outside continental United States, not to exceed $1,000 for printing and binding outside continental United States without regard to section 3709 of the Revised Statutes and section 11 of the Act of March 1, 1919 (44 U. S. C. 111), and not to exceed $20,000 for travel expenses: Provided, That no transportation of workers shall be allowed hereunder unless the employer and the worker have entered into a contract for employment approved by said Chairman or his designee, and unless said Chairman certifies that reasonably adequate use is being made of local labor supply: Provided further, That this appropriation shall remain available after June 30, 1944, for the purpose of fulfilling guarantees and other obligations theretofore incurred with respect to such foreign workers and for all other purposes connected with the protection and ultimate return of any workers theretofore transported: Provided further, That no part of this appropriation shall be available for the recruitment or transportation of workers for employment in agriculture for which provision is made in title I of this Act: Povided further, That the general provisions under the caption "Executive Office of the President-Office for Emergency Management”, contained in the National War Agencies Appropriation Act, 1944, and applicable to the constituent agencies of the Office of Emergency Management contained therein shall be applicable to the appropriations to the War Manpower Commission contained in this paragraph. (Pub. Law 229.)
Treaties, Presidential Proclamations, Exec
utive Orders, and Departmental Orders
Relating to Immigration TREATY BETWEEN THE UNITED STATES AND CHINA,
(22 Stat. L., 826 ")
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION Whereas a Treaty between the United States of America and China, for the modification of the existing treaties between the two countries, by providing for the future regulation of Chinese immigration into the United States, was concluded and signed at Peking in the English and Chinese languages, on the seventeenth day of November in the year of our Lord one thousand eight hundred and eighty, the original of the English text of which Treaty is word for word as follows:
Whereas, in the eighth year of Hsien Feng, Anno Domini 1858, a treaty of peace and friendship was concluded between the United States of America and China, and to which were added, in the seventh year of Tung Chih, Anno Domini 1868, certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed :-and
Whereas the Government of the United States, because of the constantly increasing immigration of Chinese laborers to the territory of the United States, and the embarrassments consequent upon such immigration, now desires to negotiate a modification of the existing Treaties which shall not be in direct contravention of their spirit:
Now, therefore, the President of the United States of America has appointed James B. Angell, of Michigan, John F. Swift, of California, and William Henry Trescot, of South Carolina as his Commissioners Plenipotentiary; and His Imperial Majesty, the Emperor of China, has appointed Pao Chün, a member of His Imperial Majesty's Privy Council, and Superintendent of the Board of Civil Ofice; and Li Hungtsao, a member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Commissioners Plenipotentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following articles in modification.
· Concluded Nov. 17, 1880 ; ratification advised by the Senate May 8, 1881 ; ratined by the President May 9, 1881 ; ratifications exchanged July 19, 1881 ; proclaimed Oct. 8, 1881, 86870044