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costs and charges, provided for in the agreement) arising out of the purchase, withholding, and disposal, or out of contracts therefor.
(d) The board shall provide in any such marketing agreement for financing any withholding, purchase, or disposal under such agreement, through advances from the stabilization fund for the commodity. Such financing shall be upon such terms as the board may prescribe, but no such advance shall bear interest.
(e) If the board is of the opinion that there are two or more cooperative associations or corporations created and controlled by one or more cooperative associations capable of carrying out any marketing agreement, the board in entering into the agreement shall not unreasonably discriminate against any such association or corporation in favor of any other such association or corporation. If the board is of the opinion that there is no such cooperative association or corporation created and controlled by one or more cooperative associations capable of carrying out any marketing agreement for purchase, withholding, and disposal, then the board may enter into the agreement with other agencies but shall not unreasonably discriminate between such other agencies.
(f) During a marketing period fixed by the board for any commodity, the board may enter into marketing agreements for the purchase, withholding, and disposal of the food products of such commodity, and all provisions of this section applicable to marketing agreements for the purchase, withholding, and disposal of the commodity, shall apply to the agreements in respect of its food products.
(g) Any decision of the board relating to the commencement, extension or termination of a marketing period shall require the affirmative vote of a majority of the appointed members in office.
(h) The powers of the board under this section in respect of any agricultural commodity shall be exercised in such manner, and the marketing agreements entered into by the board during any marketing period shall be upon such terms, as will in the judgment of the board, carry out the policy declared by section 1.
(i) The United States shall not be liable, directly or indirectly, upon agreements under this act in respect of agricultural commodities, in excess of the amounts available in the stabilization, premium insurance, and revolving funds.
SEC. 12. (a) In order to carry out marketing and price insurance agreements in respect of any agricultural commodity without loss to the revolving fund, each marketed unit of such agricultural commodity produced in the United States shall, throughout any marketing period in respect of such commodity, contribute ratably its equitable share of the losses, costs, and charges arising out of such agreements. Such contributions shall be made by means of an equalization fee apportioned and paid as a regulation of interstate and foreign commerce in the commodity. It shall be the duty of the board to apportion and collect such fee in respect of such commodity as hereinafter provided.
(b) Prior to the commencement of any marketing period in respect of any agricultural commodity, and thereafter from time to time during such marketing period, the board shall estimate the probable losses, costs, and charges to be paid under marketing agreements in respect of such commodity and under price insurance agreements in respect of such commodity as hereinafter provided. Upon the basis of such estimates, the board shall from time to time determine and publish the amount of the equalization fee (if any is required under such estimates) for each unit of weight, measure, or value designated by the board, to be collected upon such unit of such agricultural commodity during any part of the marketing period for the commodity. Such amount is referred to in this act as the “ equalization fee.” At the time of determining and publishing any equalization fee the board shall specify the time during which the particular fee shall remain in effect and the place and manner of its payment and collection.
(c) Under such regulations as the board may prescribe, any equalization fee determined upon by the board shall be paid, in respect of each marketed unit of such commodity, upon one of the following: The transportation, processing, or sale of such unit. The equalization fee shall not be collected more than once in respect of any unit. The board shall determine, in the case of each class of transactions in the commodity, whether the equalization fee
shall be paid upon transportation, processing, or sale. The board shall make such determination upon the basis of the most effective and economical means of collecting the fee with respect to each unit of the commodity marketed during the marketing period.
(d) When any equalization fee is collected with respect to cattle or swine, an equalization fee equivalent in amount, as nearly as may be, shall be collected, under such regulations as the board may prescribe, upon the first sale or other disposition of any food product derived in whole or in part from cattle or swine, respectively, if the food product was on hand and owned at the time of the commencement of the marketing period: Provided, That any food product owned in good faith by retail dealers at the time of the commencement of the marketing period shall be exempt from the operation of this subdivision.
(e) Under such regulations as the board may prescribe, the equalization fee determined under this section for any agricultural commodity produced in the United States shall in addition be collected upon the importation of each designated unit of the agricultural commodity imported into the United States for consumption therein, and an equalization fee, in an amount equivalent as nearly as may be, shall be collected upon the importation of any food product derived in whole or in part from the agricultural commodity and imported into the United States for consumption therein.
(f) The board may by regulation require any person engaged in the transportation, processing, or acquisition by purchase of any agricultural commodity produced in the United States, or in the importation of any agricultural commodity or food product thereof
(1) To file returns under oath and to report, in respect of his transportation, processing, or acquisition of such commodity produced in the United States or in respect of his importation of the commodity or food product thereof, the amount of equalization fees payable thereon and such other facts as may be necessary for their payment or collection.
(2) To collect the equalization fee as directed by the board and to account therefor.
(g) The board, under regulations prescribed by it, is authorized to pay to any such person required to collect such fees a reasonable charge for his services.
(h) Every person who, in violation of the regulations prescribed by the board, fails to collect or account for any equalization fees shall be liable for its amount and to a penalty equal to one-half its amount. Such amount and penalty may be recovered together in a civil suit brought by the board in the name of the United States.
(i) As used in this section
(1) In the case of grain, the term processing means milling of grain for market or the first processing in any manner for market (other than cleaning or drying) of grain not so milled, and the term “sale” means a sale or other disposition in the United States of grain for milling or other processing for market, for resale, or for delivery by a common carrier-occurring during a marketing period in respect of grain.
(2) In the case of cotton the term “processing” means spinning, milling, or any manufacturing of cotton other than ginning; the term "sale" means a sale or other disposition in the United States of cotton for spinning, milling, or any manufacturing other than ginning, or for delivery outside the United States; and the term “transportation ” means the acceptance of cotton by a common carrier for delivery to any person for spinning, milling, or any manufacturing of cotton other than ginning, or for delivery outside the United States-occurring during a marketing period in respect of cotton.
(3) In the case of livestock, the term “processing” means slaughter for market by a purchaser of livestock, and the term “sale” means a sale or other disposition in the United States of livestock destined for slaughter for market without intervening holding for feeding (other than feeding in transit) or fattening-occurring during a marketing period in respect of livestock.
(4) In the case of tobacco, the term “sale” means a sale or other disposition to any dealer in leaf tobacco or to any registered manufacturer of the products of tobacco. The term “tobacco" means leaf tobacco, stemmed or unstemmed.
(5). In the case of grain, livestock, and tobacco, the term "transportation" means the acceptance of the commodity by a common carrier for delivery.
(6) In the case of any agricultural commodity other than grain, cotton. livestock, or tobacco, the board shall, in connection with its specification of
the place and manner of payment and collection of the equalization fee, further specify the particular type of processing, sale, or transportation in respect of which the equalization fee is to be paid and collected.
(7) The term “sale” does not include a transfer to a cooperative association for the purpose of sale or other disposition by such association on account of the transferor; nor a transfer of title in pursuance of a contract entered into before, and at a specified price determined before, the commencement of a marketing period in respect of the agricultural commodity. In case of the transfer of title in pursuance of a contract entered into after the commencement of a marketing period in respect of the agricultural commodity, but entered into at a time when, and at a specified price determined at a time during which a particular equalization fee is in effect, then the equalization fee applicable in respect of such transfer of title shall be the equalization fee in effect at the time when such specified price was determined.
SEC. 13. (a) For each agricultural commodity as to which marketing agreements are made by the board, there shall be established in accordance with regulations prescribed by the board, a stabilization fund. Such fund shall be administered by and exclusively under the control of the board, and the board shall have the exclusive power of expending the moneys in such fund.
(b) There shall be deposited to the credit of the stabilization fund for any agricultural commodity (1) advances from the revolving fund as hereinafter authorized, (2) profits arising out of marketing agreements in respect of the commodity, (3) repayments of advances for financing the purchase, withholding, or disposal of the commodity, and (4) equalization fees collected in respect of the commodity and its imported food products.
(c) In order to make the payments required by a marketing or price insurance agreement in respect of any agricultural commodity, and in order to pay the salaries and expenses of experts, the board may, in its discretion, advance to the stabilization fund for such commodity out of the revolving fund such amounts as may be necessary.
(d) The deposits to the credit of a stabilization fund shall be made in a public depositary of the United States. All general laws relating to the embezzlement, conversion, or to the improper handling, retention, use, disposal of public moneys of the United States shall apply to the profits and equalization fees payable to the credit of the stabilization fund and to moneys deposited to the credit of the fund or withdrawn therefrom but in the custody of any officer or employee of the United States.
(e) There shall be withdrawn from the stabilization fund for any agricultural commodity (1) the payments required by marketing or price insurance agreements in respect of the commodity, (2) the salaries and expenses of such experts as the board determines shall be payable from such fund, (3) repayments into the revolving fund of advances made from the revolving fund to the stabilization fund, together with interest on such amounts at a rate of interest per annum equal to the lowest rate of yield (to the nearest one-eighth of 1 per centum of any Government obligation bearing a date of issue subsequent to April 6, 1917 (except Postal Savings bonds), and outstanding at the time the advance is made by the board, as certified by the Secretary of the Treasury to the board upon its request : Provided. That in no case shall the rate exceed 4 per centum per annum on the unpaid principal, and (4) service charges payable for the collection of equalization fees.
[S. 4427, Seventy-second Congress, first session]
A BILL To secure to the farmer a price for agricultural products for domestic consump
tion at least equal to the cost of production thereof, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby declared to be the policy of the Congress to secure to farmers a price not less than the cost of production for that part of the domestic production of each year of the following commodities needed, in the opinion of the Federal Farm Board, for domestic .consumption: Wheat, cotton, wool, beef, pork, dairy and poultry products, and any other major agricultural product designated by the board.
SEC. 2. (a) The board is authorized and directed to ascertain and make public the percentage of the domestic production of each year of each such commodity which is needed for domestic consumption. Such percentage shall be known as the domestic quota for such commodity. No person shall make or receive any delivery of any such commodity unless at the time of delivery there is paid (1) for the percentage of such delivery equal to the percentage of the domestic production allotted to domestic consumption, a price at least equal to the cost of production, cost to include labor required and interest on investment, as determined and published by the board, and (2) for the remainder of such delivery, a price at least equal to the world price of such commodity for the place of such delivery.
(b) To the end that the policy declared in this act may be effectuated, the board is authorized, whenever it finds that the importation into the United States of any such commodity or any substitute therefor, produced outside: of the United States, materially affects or is likely to interfere materially with the sale of the domestic quota of any such commodity at a price not less than the cost of production, to proclaim that fact and the effect of this section in respect thereof. Thereafter it shall be unlawful to import, directly or indirectly, any such commodity or substitute into the United States.
SEC. 3. (a) After the expiration of days after the enactment of this act, no person shall purchase, import, or engage in the business of warehousing any such commodity without a license issued by the board. The board shall issue such licenses subject to such regulations and conditions as it may deem proper to carry out the purposes of this act, including regulations relating to the posting of bonds, the submission of reports, and the keeping of accounts, by licensees, and the auditing of such accounts and the entry and inspection of licensees' places of business by agents of the board.
(b) The board is authorized to prescribe such other regulations as it may deem proper for carrying out the provisions of this act.
SEC. 4. Any person who intentionally or knowingly violates any provision of this act, or any regulation made by the board pursuant to this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined' not more than $500 or imprisoned for not more than six mo hs, or both.
SEC. 5. As used in this act the term “person " includes an individual, partnership, association, or corporation.
[S. 4323, Seventy-second Congress, first session] A BILL To provide emergency financing facilities to aid in financing agriculture, and for
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and is hereby, created a body corporate with the name “Farmers' Reconstruction Finance Corporation” (herein called the corporation). That the principal office of the corporation shall be located in the District of Columbia but there may be established agencies or branch offices in any city or cities of the United States under rules and regulations prescribed by the board of directors. This act may be cited as the “ Farmers' Reconstruction Finance Corporation act.”
SEC. 2. The corporation shall have capital stock of $500,000,000, subscribed by the United States, payment for which shall be subject to call in whole or in part by the board of directors of the corporation. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $500,000,000 for the purpose of making payments upon such subscription when called. Receipts for payments by the United States for or on account of such stock shall be issued by the corporation to the Secretary of the Treasury and shall be evidence of the stock ownership of the United States.
SEC. 3. The management of the corporation shall be vested in a board of directors consisting of the Secretary of Agriculture, the governor of the Federal Reserve Board, and the Farm Loan Commissioner, who shall be members ex officio, and four other persons appointed by the President of the United States, by and with the advice and consent of the Senate. Of the seven members of the board of directors not more than four shall be members of any one political party and not more than one shall be appointed from any one Federal reserve district. Each director shall devote his time, not otherwise required by the business of the United States principally to the business of the corporation. Before entering upon his duties each of the directors so appointed and each officer of the corporation shall take an oath faithfully to discharge the duties of his office. Nothing contained in this or in any other act shall be construed to prevent the appointment and compensation as an employee of the corporation of any officer or employee of the United States in any board, commission, independent establishment, or executive department thereof. The terms of the directors appointed by the President of the United States shall be two years and run from the date of the enactment hereof and until their successors are appointed and qualified. Whenever a vacancy shall occur among the directors so appointed, the person appointed to fill such vacancy shall hold office for the unexpired portion of the term of the director whose place he is selected to fill. The directors of the corporation appointed as hereinbefore provided shall receive salaries at the rate of $10,000 per annum each.
No director, officer, attorney, agent, or employee of the corporation shall in any manner, directly or indirectly, participate in the deliberation upon or the determination of any question affecting his personal interests, or the interests of any corporation, partnership, or association in which he is directly or indirectly interested.
SEC. 4. The corporation shall have succession for a period of ten years from the date of the enactment hereof, unless it is sooner dissolved by an act of Congress. It shall have power to adopt, alter, and use a corporate seal; to make contracts; to lease such real estate as may be necessary for the transaction of its business; to sue and be sued, to complain and to defend, in any court of competent jurisdiction, State or Federal; to select, employ, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary for the transaction of the business of the corporation, without regard to the provisions of other laws applicable to the employment and compensation of officers or employees of the United States; to define their authority and duties, require bonds of them and fix the penalties thereof, and to dismiss at pleasure such officers, employees, attorneys, and agents; and to prescribe, amend, and repeal, by its board of directors, by-laws, rules, and regulations governing the manner in which its general business may be conducted and the powers granted to it by law may be exercised and enjoyed, including the selection of its chairman and vice chairman, together with provision for such committees and the functions thereof as the board of directors may deem necessary for facilitating its business under this act. The board of directors of the corporation shall determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid. The corporation shall be entitled to the free use of the United States mails in the same manner as the executive departments of the Government. The corporation, with the consent of any board, commission, independent establishment, or executive department of the Government, including any field service thereof, may avail itself of the use of information, services, any field service thereof, may avail itself of the use of information, services, facilities, officers, and employees thereof in carrying out the provisions of this act.
SEC. 5. To aid in financing agriculture the corporation is authorized and empowered to make loans to farmers upon improved farm land, upon such terms and conditions not inconsistent with this act as it may determine. All such loans shall be fully and adequately secured. The corporation, under such conditions as it shall prescribe, may take over or provide for the administration and liquidation of any collateral accepted by it as security for such loans. Such loans may be made directly upon promissory notes or by way of discount or rediscount of obligations tendered for the purpose, or otherwise in such form and in such amount and at such interest or discount rates as the corporation may approve; except that in no case shall any such interest or discount rate exceed 5 per centum per annum.
Each such loan may be made for a period not exceeding five years, and the corporation may from time to time extend the time of payment of any such loan, through renewal, substitution of new obligations, or otherwise, but the time for such payment shall not be extended beyond five years from the date upon which such loan was made originally. The corporation may make loans under this section at any time prior to the expiration of one year from the date of the enactment hereof; and the President may from time to time postpone such date of expiration for such additional period or periods as he may deem necessary, not to exceed two years from the date of the enactment hereof.
No fee or commission shall be paid by any applicant for a loan under the provisions hereof in connection with any such application or any loan made or to be made hereunder, and the agreement to pay or payment of any such fee or commission shall be unlawful.