Revised Edition of Laws Applicable to the United States Department of Agriculture, 1945

"(c) Where roll-back subsidies have previously been or presently are in effect, and have been discontinued, or shall hereafter be discontinued, the industries which have received such subsidies shall be permitted to increase their ceiling prices at least an amount equivalent to the amount of the discontinued roll-back subsidy. Such price increase shall become effective either upon discontinuance of the roll-back subsidy or upon passage of this act [July 25, 1946], whichever date is the later. For the purposes of this paragraph, the term 'roll-back subsidies' means subsidy payments, or purchases and sales of a commodity at a loss by the Government of the United States (including any Government-owned or controlled corporation), or contracts therefor, which resulted directly or indirectly in the lowering of ceiling prices below the maximum price levels established by the Office of Price Administration prior to the institution of subsidy payments or purchases and sales at a loss, or the execution of the contracts therefor, whichever date is the earlier.

"(d) Nothing in this section shall be construed to affect the provisions of Public Laws 30, 88, 164, and 328 of the Seventy-ninth Congress [sections 713, 713a-1, 713a-4 of this title], or to prevent the use of the sums authorized in such laws to fulfill obligations incurred prior to July 1, 1946, with respect to operations prior to such date.

"(e) Notwithstanding any of the foregoing provisions of this section 6, 1946 and 1947 crop program operations with respect to sugar, may, while maximum prices are in effect with respect to sugar, be continued until such crops are processed and distributed, and the cost of 1946 crop program operations with respect to sugar may be charged to the funds authorized by Public Law 30, Seventyninth Congress, as amended by Public Law 328, Seventy-ninth Congress [sections 713, 713a-1, 713a-4 of this title]. For the purpose of this section 6, no subsidy program operation on sugar shall be considered to be a new subsidy: Provided, That Commodity Credit Corporation or any other Government agency shall not absorb any in rease in the price paid for Cuban sugar over 3,675 cents per pound, raw basis, f. o. b. Cuba, as being paid for such sugar, in Cuba, on June 30, 1946.

"(f) Nothing in this section shall be construed as a limitation upon operations authorized by the Veterans' Emergency Housing Act of 1946 [sections 1821-1833 of appendix to title 50, and section 1738, 1739 and 1743 of title 12]; and nothing in this act [sections 901, 901a, 902, 906, 925, 963, 966 of appendix to title 50] or in any other Act shall prohibit the establishment of maximum sales prices or maximum rents for housing accommodations for which materials or facilities are allocated, or priorities for delivery thereof issued, under said Veterans' Eergency Housing Act of 1946 [sections 1821-1833 of appendix to title 50, and sections 1738, 1739 and 1743 of title 12]."

Similar provisions applicable to operations of the Commodity Credit Corporation for the fiscal year ending June 30, 1946, were provided by act April 12, 1945, ch. 54, § 3, 59 Stat. 51, as amended by act Mar. 21, 1946, ch. 106, § 1 (a), 60 Stat. 57.

Increase in certain subsidy payments.-Act July 31, 1945, ch. 332, 59 Stat. 506, provided: "That the amount of funds authorized to be expended by Commodity Credit Corporation pursuant to section 3 of the Act of April 12, 1945 (Public, 30, Seventy-ninth Congress) [set out as a note under this section], shall be increased by such amounts as may from time to time be determined by the Secretary of Agriculture as follows: (1) Not to exceed with respect to livestock and livestock products, $595,000,000, (2) not to exceed with respect to wheat and wheat products, $190,000,000; and (3) not to exceed with respect to butterfat and butter, $100,000,000: Provided, That the amounts authorized to be expended pursuant to section 1 of the act of June 23, 1945 (Public Law 88, Seventyninth Congress) [set out as a note under section 606b of this title], for subsidy payments on meat, butter, and flour shall be reduced correspondingly."

Allocation of livestock and poultry feeds.-Act July 25, 1946, ch. 671, § 15, 60 Stat. 677, eff. until June 30, 1947, provided: "The Secretary of Agriculture, through the Commodity Credit Corporation or otherwise, is authorized to allocate feed which he controls to feeders of livestock and poultry in domestic areas which he may determine to be in an emergency shortage condition with respect to animal and poultry feed."

Purchases of wheat prior to April 1, 1947.-Act July 25, 1946, ch. 671, § 16, 60 Stat. 677, provided:

"(a) In the event producers of wheat are required by an order issued pursuant to the Second War Powers Act, 1942, as amended [sections 631-645a, 721, 1152

of apepndix to title 50], to sell all or any part of wheat delivered to an elevator prior to April 1, 1947, the Commodity Credit Corporation shall offer to purchase the wheat so required to be sold at a price determined as follows: The purchase price paid for the wheat shall be the market price at the point of delivery as of any date the producer may elect between the date of delivery and March 31, 1947, inclusive: Provided, however, That only one election may be made for each lot of wheat: And provided further, That the producer may not elect a date prior to the date on which he mails a written notice to Commodity Credit Corporation of his election. In the event the producer does not notify Commodity Credit Corporation in writing by March 31, 1947, of his election of a date for determining the market price, such date shall be deemed to be March 31, 1947.

"(b) Any producer of wheat who, prior to the date of enactment of this Act [July 25, 1946], has sold any wheat pursuant to the requirements of paragraph (ee) (1) of War Food Order Numbered 144, may, at any time within thirty days after the date of enactment of this Act [July 25, 1946], pay to the Commodity Credit Corporation a sum equal to the amount for which he sold such wheat. Any producer paying any such sum to the Commodity Credit Corporation shall be deemed to have sold and delivered to the Commodity Credit Corporation as of the date he pays such sum a quantity of wheat equal in grade and quality to the quantity sold by him pursuant to such requirements and the purchase price to be paid to him for such wheat shall be determined in the same manner as in the case of a sale of wheat to the Commodity Credit Corporation pursuant to the provisions of subsection (a) of this section."

Transfer of functions under the authority of Ex Ord. No. 9577, June 29, 1945, set out in note under 50 U. S. C. App. § 601, the Secretary of Agriculture, by Memorandum 1118, Aug. 18, 1945, consolidated the administration of the program of the Commodity Credit Corporation in the Production and Marketing Administration. 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 1100, set out in note under section 133y-16 of Title 5, transferred the administration of the program of the Commodity Credit Corporation to the Secretary of Agriculture. The President stated in his letter to Congress that the purpose of this transfer was to permit the Secretary of Agriculture to continue the consolidation already effected in the Production and Marketing Administration.

§ 713a. Same; increase of capital stock.

Transfer of functions.-Administration of program of Commodity Credit Corporation was transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 6. See note under section 713 of this title.

§ 713a-1. Same; annual appraisal of assets; restoration of capital impairment.-As of the 30th of June in each year and as soon as possible thereafter, beginning with June 30, 1945, an appraisal of all of the assets and liabilities of the Commodity Credit Corporation for the purpose of determining the net worth of the Commodity Credit Corporation shall be made by the Secretary of the Treasury. The value of assets shall be determined on the basis of the cost of such assets to the Commodity Credit Corporation, or insofar as practicable, the average market price of such assets during the last month of the fiscal year covered by the appraisal, whichever is the lower, and a report of any such appraisal shall be submitted to the President as soon as possible after it has been made. In the event that any such appraisal shall establish that the net worth of the Commodity Credit Corporation is less than $100,000,000, the Secretary of the Treasury, on behalf of the United States, shall restore the amount of such capital impairment by a contribution to the Commodity Credit Corporation in the amount of such impairment. To enable the Secretary of the Treasury to make such payment to the Commodity Credit Corporation, there is hereby authorized to be appropriated annually, commencing with the fiscal year 1938, out of any money in the Treasury not other

wise appropriated, an amount equal to any capital impairment found to exist by virtue of any appraisal as provided herein. (As amended July 1, 1941, ch. 270. § 2, 55 Stat. 498; Apr. 12, 1945, ch. 54, § 4, 59 Stat. 51.)

AMENDMENTS

1945-Act Apr. 12, 1945, cited to text, amended section by substituting "30th of June" for "31st of March", "June 30, 1945" for "March 31, 1938" in the first sentence, and amending second sentence generally.

Transfer of functions.-Administration of program of Commodity Credit Corporation was transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 6. Sec note under section 713 of this section.

§ 713a-2. Same; capital excess; deposit in Treasury for retirement of public debt.

Transfer of functions.-Administration of Commodity Credit Corporation was transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 6. See note under section 713 of this title. §713a-3. Same; transfer to United States of stock held by Secretary of Agriculture, Governor of Farm Credit Administration and Reconstruction Finance Corporation.

Transfer of functions.-Administration of program of Commodity Credit Corporation was transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, $501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 6. See note under section 713 of this title.

§ 713a-4. Same; obligations of corporations; issuance; sale; purchase; redemption; etc.

AMENDMENTS

1945 Act Apr. 12, 1945, amended section by substituting "$4,750,000,000" for "$3,000,000,000".

Transfer of functions.-Administration of program of Commodity Credit Corporation was transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 6. See note under section 713 of this title.

§ 713a-5. Same; exemption of corporation and its obligations from taxation.

§ 713a-6. Sale of surplus agricultural commodities to foreign governments.

§ 713a-7. Exchange of surplus agricultural commodities for reserve stocks of strategic materials.

§ 713a-8 and 8713a-9. Reimbursement of corporation from funds of government agencies for services, losses, operating costs, or commodities purchased.

§ 713c. Federal Surplus Commodities Corporation; continuance of existence; purchase and distribution of surplus agricultural commodities. In carrying out the provisions of clause (2) of section 612c of Title 7, as amended, the Secretary of Agriculture may transfer to the Federal Surplus Commodities Corporation, which Corporation is hereby continued, until June 30, 1945, as an agency of the United States under the direction of the Secretary of Agriculture, such funds, appropriated by said section 612c, as may be necessary for the purpose of effectuating said clause (2) of section 612c: Provided, That such transferred funds, together with other funds of the Corporation, may be used for purchasing, exchanging, processing, distributing, disposing, transporting, storing, and handling of agricultural commodities and products thereof and inspection costs, commissions, and other incidental costs and expenses, without regard to the provisions of existing law governing the expenditure of public funds and for administrative expenses, including rent, printing and binding, and the employment of persons and means, in the District of Columbia and elsewhere, such employment of persons to be in accordance with the provisions of law applicable to the employment of persons by the Agricultural Adjustment Administration.

In carrying out clause (2) of section 612c, the funds appropriated by said section may be used for the purchase, without regard to the provisions of existing law governing the expenditure of public funds, of agricultural commodities and products thereof, and such commodities, as well as agricultural commodities and products thereof purchased under the preceding paragraph hereof, may be donated for relief purposes. (June 28, 1937, ch. 385, 50 Stat. 323, as amended Feb. 16, 1938, ch. 30, 3 p. m., § 204, 52 Stat. 38; June 27, 1942, ch. 454, 56 Stat. 461.)

Section also set out as note under section 612c of title 7, Agriculture. Federal Surplus Commodities Corporation and Division of Marketing and Marketing Agreements of Agricultural Adjustment Administration and their functions were consolidated into Surplus Marketing Administration in Department of Agriculture by Reorg. Plan No. III, § 5, eff. June 30, 1940, 5 Fed. Reg. 2108, 54 Stat. 1232, set out in note under section 133t of title 5, Executive Departments and Government Officers and Employees. See also sections 8 and 9 of said plan for provisions relating to transfer of records, property, personnel and funds. Act June 27, 1942, cited to text, provided for the continuance of the Corporation from June 30, 1942, to June 30, 1945. It read as follows: "The Federal Surplus Commodities Corporation is hereby continued as an agency of the United States, under the direction of the Secretary of Agriculture, until June 30, 1945.” Transfer of functions.-Surplus Marketing Administration, including Federal Surplus Commodities Corporation as an agency of Department of Agriculture, consolidated with other agencies into Agricultural Marketing Administration for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to title 50, War.

Functions of Federal Surplus Commodities Corporation and Agricultural Adjustment Administration were transferred to Secretary of Agriculture by 1946

Reorg. Plan No. 3, § 501, 11 F. R. 7877, 60 Stat. 6. See notes under sections 612a and 610, respectively, of Title 7.

Cross references.-Financial control of Federal Surplus Commodities Corporation, see chapter 14 of title 31, Money and Finance.

§ 713c-1. Same; annual report to Congress.

Federal Surplus Commodities Corporation transfer of functions, see note to section 713c of this title.

Transfer of functions.-Functions of Federal Surplus Commodities Corporation transferred, see note under section 612a of title 7.

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Revised Edition of Laws Applicable to the United States Department ..., Volume 1