service of such fiscal year, be subject to the provisions of sections 712 and 713 of Title 31. (As amended June 30, 1939, ch. 253, Title I, 53 Stat. 975; July 3, 1948, ch. 827, Title III, § 301, 62 Stat. 1257.) 1948 Amendment. - Act July 3, 1948, cited to text, amended section by adding the last sentence to provide for the accumulation of funds up to $300,000,000. Effective date of 1948 amendment. - Amendment of section by Act July 3, 1948, effective as of Jan. 1, 1950, see note set out under section 1301 of this title. Cancellation or rescission of appropriation. - Section 112(f) of Act April 3, 1948, ch. 169, Title I, 62 Stat. 148, provided in part that the recission of appropriations under this section as provided for in section 301 of Act July 30, 1947, ch. 356, Title III, 61 Stat. 550, was canceled and such funds were made available for the purposes of this section for the fiscal year ending June 30, 1948. Reduction in Appropriation.-Section 301 of Act July 30, 1947, ch. 356, Title III, § 301, 61 Stat. 550, provided: "Notwithstanding any other provision of section 32, Public Law Numbered 320, Seventy-fourth Congress, approved August 24, 1935, as amended [this section], not more than $44,000,000 shall be available during the fiscal year ending June 30, 1948, for use in effectuating the purposes of that Act [this chapter]. To enable the Secretary to carry out the provisions of the National School Lunch Act of June 4, 1946 (Public Law 396), [chapter 13 of Title 42], there is hereby made available $65,000,000 of the funds appropriated for the fiscal year 1948 by section 32 of the Act approved August 24, 1935 [this section], such amount to be without regard to the 25 per centum limitation contained in said section 32, and to be exclusive of funds expended in accordance with the last sentence of section 9 of the National School Lunch Act [section 1758 of Title 42]: Provided, That no part of such funds shall be used for nonfood assistance under section 5 of said Act [section 1754 of Title 42]. The remainder of the fund appropriated by said Act for the fiscal year 1948 [this section] is hereby rescinded effective July 1, 1947, and shall be carried to the surplus fund and covered into the Treasury immediately thereafter." Additional appropriations. 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. 436, made the funds provided for in this section available for the fiscal year 1942. Res. 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. Appropriations. - 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. Food Stamp Plan. -Act June 25, 1940, ch. 421, §1, 54 Stat. 563, as amended July 1, 1941, ch. 267, §1, 55 Stat. 438, 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]." Transfer of Functions. - Transfer of functions of Federal Surplus Commodities Corporation, see note under section 612a of this title. 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, set out in note under section 133t of Title 5. See, also, sections 8 and 9 of said plan for provisions relating to transfer of records, Is, property, personnel and funds. Cross References. -Act June 28, 1937, as amended, set out as note in original, now constitutes section 713c of Title 15, Commerce and Trade. Transfer of funds to Federal Surplus Commodities Corporation to effectuate clause (2) of this section, see section 713c of Title 15, Commerce and Trade. § 619. Collection of tax; provisions of internal revenue laws applicable; returns. * (c) Repealed. (June 30, 1947, ch. 166, Title II, § 206 (c), 61 Stat. 208.) * § 624. Limitation on imports; authority of President.- (a) Whenever the President has reason to believe that any article or articles are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, any program or operation undertaken under sections 601-604 and 607-620 of this title or the Soil Conservation and Domestic Allotment Act, as amended, or section 612c of this title or any loan, purchase, or other program or operation undertaken by the Department of Agriculture, or any agency operating under its direction, with respect to any agricultural commodity or product thereof, or to reduce substantially the amount of any product processed in the United States from any agricultural commodity or product thereof with respect to which any such program or operation is being undertaken, he shall cause an immediate investigation to be made by the United States Tariff Commission, which shall give precedence to investigations under this section to determine such facts. Such investigation shall be made after due notice and opportunity for hearing to interested parties, and shall be conducted subject to such regulations as the President shall specify. (b) If, on the basis of such investigation and report to him of findings and recommendations made in connection therewith, the President finds the existence of such facts, he shall by proclamation impose such fees not in excess of 50 per centum ad valorem or such quantitative limitations on any article or articles which may be entered or withdrawn from warehouse, for consumption as he finds and declares shown by such investigation to be necessary in order that the entry of such article or articles will not render or tend to render ineffective, or materially interfere with, any program or operation referred to in subsection (a) of this section, or reduce substantially the amount of any product processed in the United States from any such agricultural commodity or product thereof with respect to which any such program or operation is being undertaken: Provided, That no proclamation under this section shall impose any limitation on the total quantity of any article or articles which may be entered, or withdrawn from warehouse, for consumption which reduces such permissible total quantity to proportionately less than 50 per centum of the total quantity of such article or articles which was entered, or withdrawn from warehouse, for consumption during a representative period as determined by the President: And provided further, That in designating any article or articles, the President may describe them by physical qualities, value, use, or upon such other bases as he shall determine. (c) The fees and limitations imposed by the President by proclamation under this section and any revocation, suspension, or modification thereof, shall become effective on such date as shall be therein specified, and such fees shall be treated for administrative purposes and for the purposes of section 612c of this title, as duties imposed by the Tariff Act of 1930, but such fees shall not be considered as duties for the purpose of granting any preferential concession under any international obligation of the United States. (d) After investigation, report, finding, and declaration in the manner provided in the case of a proclamation issued pursuant to subsection (b) of this section, any proclamation or provision of such proclamation may be suspended or terminated by the President whenever he finds and proclaims that the circumstances requiring the proclamation or provision thereof no longer exist or may be modified by the President whenever he finds and proclaims that changed circumstances require such modification to carry out the purposes of this section. (e) Any decision of the President as to facts under this section shall be final. (f) No proclamation under this section shall be enforced in contravention of any treaty or other international agreement to which the United States is or hereafter becomes a party. (As amended Jan. 25, 1940, ch. 13, 54 Stat. 17; July 3, 1948, ch. 827, Title I, § 3, 62 Stat. 1248.) References in text. - The Soil Conservation and Domestic Allotment Act, as amended, referred to in the text of subsection (a), is classified to chapter 3B of Title 16, Conservation. referred to in subsection (c) is classified to chapter The Tariff Act of 1930, ref of Title 19, Customs Duties. 4 Amendments. -Act July 3, 1948, cited to text, amended section generally to extend the authority of this section to agricultural products as well as commodities; to extend such authority to cover articles the import of which affects any loan, purchase, or other Departmental operation or program; to make quantitative limitation restrictions applicable to the total quantity of an article imported during a representative period as determined by the President, rather than to each country's average annual quantity of the article imported during the period from Jan. 1, 1929, to Dec. 31, 1933, as formerly provided; to give the President a specific grant of authority to describe designated articles by physical qualities, value, use, or upon such bases as he determines; to clarify the definition respecting authorized fees, which formerly were considered duties for some purposes, so that they no longer shall be considered as duties for the purpose of granting any preferential concession under any international obligation of the United States; and, to probihit the enforcement of a proclamation under this section which would be in contravention to any treaty or international agreement to which the United States is a part. Subsecs. (a)-(c) amended by Act Jan. 25, 1940, cited to text. Effective date. - Section 6 of Act July 3, 1948, cited to text, provided that the amendment of this section by section 3 of said Act of July 3, 1948, should be effective as of July 3, 1948. REFUNDS Appropriations for refunds and payments of processing and related taxes and limitations thereon. -Acts June 25, 1938, ch. 681, 52 Stat. 1150; May 6, 1939, ch. 115, § 1, 53 Stat. 661, 662; Feb. 12, 1940, ch. 28, § 1, 54 Stat. 36; Mar. 25, 1940, ch. 71, Title I, 54 Stat. 61; May 31, 1941, ch. 156, Title I, § 1, 55 Stat. 218; Mar. 10, 1942, ch. 178, Title I, 91, 56 Stat. 156; June 30, 1943, ch. 179, Title I, 57 Stat. 257; Apr. 22, 1944, ch. 175, 909 Title I, § 1, 58 Stat. 202; Apr. 24, 1945, ch. 92, Title I, 59 Stat. 62; July 20, 1946, ch. 588, Title I, 60 Stat. 574. Abatements, credits, and refunds of internal revenue taxes, see sections 37703778 of Title 26, Internal Revenue Code. Chapter 26A. - AGRICULTURAL MARKETING AGREEMENTS § 672. Agreements, licenses, regulations, programs, etc., unaffected.-(a) Nothing in this chapter shall be construed as invalidating any marketing agreement, license, or order, or any regulation relating to, or any provision of, or any act of the Secretary of Agriculture in connection with, any such agreement, license, or order which has been executed, issued, approved, or done under sections 601-608, 608a, 608b, 608c, 608d-612, 613, 614-619, 620, 623, 624 of this title, but such marketing agreements, licenses, orders, regulations, provisions, and acts are expressly ratified, legalized, and confirmed. (b) Any program in effect under sections 601, 602, 608a-608c, 610, 612, 614, and 624 of this title on January 1, 1950, shall continue in effect without the necessity for any amendatory action relative to such program, but any such program shall be continued in operation by the Secretary of Agriculture only to establish and maintain such orderly marketing conditions as will tend to effectuate the declared purpose set out in section 602 or 608c of this title. (As amended July 3, 1948, ch. 827, Title III, § 302(e), 62 Stat. 1258.) 1948 Amendment. - Subsec. (a) amended by Act July 3, 1948, which designated former section to be subsec. (a). Subsec. (b) added by Act July 3, 1948, cited to text. Effective date of 1948 amendment. - Amendment of section by Act July 3, 1948, effective as of Jan. 1, 1950, see note set out under section 1301 of this title. Chapter 31.-RURAL ELECTRIFICATION § 903. Funds of Administrator-Loans by Secretary of the Treasury.-(a) The Secretary of the Treasury is authorized and directed to make loans to the Administrator, upon the request and approval of the Secretary of Agriculture, in such amounts in the aggregate for each fiscal year commencing with the fiscal year ending June 30, 1948, as the Congress may from time to time determine to be necessary, either without interest or at such rate of interest per annum, not in excess of the rate provided for in sections 904 and 905 of this Title, as the Secretary of the Treasury may determine, upon the security of the obligations of borrowers from the Administrator appointed pursuant to the provisions of this chapter or from the Administrator of the Rural Electrification Administration established by Executive Order Numbered 7037. Interest rates on the unpaid balance of any loans made by the Reconstruction Finance Corporation to the Administrator prior to July 1, 1947, shall be adjusted to the interest rate, if any, established for loans made after June 30, 1947, in accordance with the foregoing provision: Provided, That such obligations incurred for the purpose of financing the construction and operation of generating plants, electric transmission and distribution lines, or systems shall be fully amortized over a period not to exceed thirtyfive years, and that the maturity of such obligations incurred for the purpose of financing the wiring of premises and the acquisition and installation of electrical and plumbing appliances and equipment shall not exceed two-thirds of the assured life thereof and not more than five years. The Administrator is authorized to make all such endorsements, to execute all such instruments, and to do all such acts and things as shall be necessary to effect the valid transfer and assignment to the Secretary of the Treasury of all such obligations, and to execute such trust instruments as shall be agreed upon by the Administrator and the Secretary of the Treasury providing for the holding in trust by the Administrator of all such obligations for the Secretary of the Treasury as security for loans to the Administrator heretofore made by the Reconstruction Finance Corporation or made or to be made by the Secretary of the Treasury. All rights, interests, obligations, and duties of the Reconstruction Finance Corporation arising out of loans made or authorized to be made to the Administrator are, as of the close of June 30, 1947, vested in the Secretary of the Treasury; the Reconstruction Finance Corporation is authorized and directed to transfer, as of the close of June 30, 1947, to the Secretary of the Treasury and the Secretary of the Treasury is authorized and directed to receive all loans outstanding on that date, plus accrued unpaid interest, theretofore made to the Administrator under the provisions of this chapter, and all notes and other evidences thereof and all obligations constituting the security therefor. The Secretary of the Treasury shall cancel notes of the Reconstruction Finance Corporation, and sums due and unpaid upon or in connection with such notes at the time of such cancellation, in an amount equal to the unpaid principal of the loans so transferred, plus accrued unpaid interest through June 30, 1947. Subsequent to June 30, 1947, the Reconstruction Finance Corporation shall make no further loans or advances to the Administrator; and the Secretary of the Treasury is authorized and directed, in lieu of the Reconstruction Finance Corporation, to lend or advance to the Administrator, in accordance with the provisions of this subsection, any unobligated or unadvanced balances of the sums which the Reconstruction Finance Corporation has theretofore been authorized and directed to lend to the Administrator. For the purpose of making loans or advances pursuant to this section, the Secretary of the Treasury is authorized to use as a publicdebt transaction the proceeds from the sale of any securities issued under section 745, 747, 752-754b, 757, 757b, 757c, 758, 760, 764-766, 769, 771, 773, 774, and 801 of Title 31, and the purposes for which securities may be issued under said sections are extended to include such loans or advances to the Administrator. Repayments to the Secretary of the Treasury on such loans or advances shall be treated as a public-debt transaction of the United States. * (f) Disposition of payments on loans. All money representing payments of principal and interest on loans made by the Administrator shall be paid to the Secretary of the Treasury in payment of loans made to the Administrator by the Reconstruction Finance Corporation or the Secretary of the Treasury; upon the payment of such loans all moneys representing payments of principal and interest on loans made by the Administrator shall be covered into the Treasury as miscellaneous receipts. (As amended Sept. 21, 1944, ch. 412, Title IV, § § 501, 503, 504, 58 Stat. 739, 740; July 30, 1947, ch. 356, Title I, § 1, 61 Stat. 546.) 1947 Amendment. Subsec. (a) amended generally by Act July 30, 1947, cited to text, which among other things transferred from the Reconstruction Finance Corporation to the Secretary of the Treasury the power to make loans. Subsec. (f) amended by Act July 30, 1947, cited to text, by substituting Secretary of the Treasury for Reconstruction Finance Corporation. |