[PUBLIC LAW 30-80TH CONGRESS] [CHAPTER 30-1ST SESSION] [H. J. Res. 146] JOINT RESOLUTION To extend the powers and authorities under certain statutes with respect to the distribution and pricing of sugar, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding any other provisions of law, the Emergency Price Control Act of 1942 (56 Stat. 23); the Stabilization Act, 1942 (56 Stat. 765); title III of the Second War Powers Act, 1942 (56 Stat. 177), and the amendment to existing law made thereby; title XIV of the Second War Powers Act, 1942 (56 Stat. 177); and section 6 of the Act of July 2, 1940 (54 Stat. 714), all as amended and extended, shall continue in effect with respect to sugar to and including October 31, 1947, except that authority to continue inventory controls over other than household users may be exercised to and including March 31, 1948: Provided, however, That (1) the authority contained herein shall not be deemed (i) to permit the allocation or rationing of any product (other than the allocation of such product imported or brought into the continental United States) unless a regulation providing for allocation or rationing thereof was in effect on February 18, 1947, or (ii) to permit price control over any product unless a pricecontrol regulation with respect thereto was in effect on February 18, 1947; (2) no person shall be subject to any criminal penalty or civil liability, under any provision of law referred to above, on account of any act or omission which is made unlawful by section 4 of this Act; (3) no provision of section 204 (d) or (e) of the Emergency Price Control Act of 1942, as amended, shall apply (i) in any proceeding, involving a regulation or order with respect to sugar, in which an injunction or other order of a court is hereafter applied for, or (ii) in any proceeding, under section 37 of the Criminal Code, which is based on a conspiracy involving any act or omission which is made unlawful by section 4 of this Act; (4) in the case of any regulation or order with respect to sugar, no protest may be hereafter filed under section 203 of the Emergency Price Control Act of 1942, as amended; and (5) hereafter no person shall be required to secure a license, and no license shall be issued to any person, under section 205 of the Emergency Price Control Act of 1942, as amended, for the purpose of providing for the enforcement of any regulation or order relating to sugar. (b) The Secretary of Agriculture, in exercising the powers, functions, and duties transferred to him by section 3 of this Act (1) may allocate sugar without regard to the provisions of title II of the War Mobilization and Reconversion Act of 1944 (58 Stat. 787); (2) shall allocate refined sugar for home consumption at a rate of not less than thirty-five pounds per capita per calendar year, and any increase in the amount of sugar available for allocation in the calendar year 1947 over the amount recommended by the International Emergency Food Council for allocation to the United States for 1947 shall be allocated for home consumption until the allocation for such use equals fifty pounds of refined sugar per capita; and (3) shall, in a manner consistent with the maintenance of an effective national allocation and rationing program, make available, for other than provisional-allotment users, not less than twelve thousand five hundred tons of refined sugar during the period from the date of the enactment of this Act to and including June 30, 1947, and not less than twelve thousand five hundred. tons of refined sugar during the period from July 1, 1947, to and including October 31, 1947, to provide for the needs of hardship cases, for the needs of new industrial-sugar users (with particular reference to the needs of shortage areas caused by population shifts) and for the needs of those who have an insufficient base period history to operate currently at competitive levels (and shall consider, as a determining factor in those cases where there is such insufficient base period history, the rate of growth of such user prior to the base period year). SEC. 2. Prior to the expiration of the authority granted by this Act, the Secretary of Agriculture is hereby authorized and directed to remove any or all controls with respect to any product over which control is authorized by this Act when he determines that the supplies of sugar are sufficient to warrant such action. SEC. 3. (a) The powers, functions, and duties of (1) the President under title III of the Second War Powers Act, 1942, and the amendment to existing law made thereby; (2) the President or any executive department under section 6 of the Act of July 2, 1940; (3) the Price Administrator under the Emergency Price Control Act of 1942; and (4) the President and the Price Administrator under the Stabilization Act of 1942, all as amended and extended (and irrespective of what officer, department, or agency may be now exercising any such power, function, or duty) are, insofar as they relate to sugar, hereby transferred to and shall be executed by the Secretary of Agriculture. (b) Every order, directive, rule or regulation relating to any power, function, or duty transferred by subsection (a) of this section, issued by any officer, department, or agency heretofore performing such power, function, or duty, which is not in conflict with the provisions of this Act and which is in effect on the date of the enactment of this Act, shall continue in full force and effect, according to its terms, unless and until modified or rescinded by the Secretary of Agriculture. (c) So much of the unexpended balances of appropriations, allocations, or other funds, and the property, available for the use of any officer, department, or agency in the exercise of any power, function, or duty transferred by subsection (a) of this section or for the use of the Secretary of Agriculture in the exercise of any power, function, or duty so transferred, as the Director of the Bureau of the Budget shall determine, shall be transferred for use in connection with the exercise of such powers, functions, or duties. In determining the amount to be transferred, the Director of the Bureau of the Budget may include an amount to provide for the liquidation of obligations incurred against such balances of appropriations, allocations, or other funds prior to the transfer. Such personnel as the Director of the Bureau of the Budget determines to be required may also be transferred temporarily to the Department of Agriculture pending termination of the powers, functions, and duties transferred by subsection (a) of this section. The annual and sick leave of personnel so transferred shall be transferred with them; and they shall be entitled to the benefits of section 14 of the Veterans' Preference Act of 1944 to the same extent and effect as though they had remained employees of the agency from which transferred until the termination of such powers, functions, and duties. Any personnel so transferred shall not, by virtue of their temporary employment in the Department of Agriculture, acquire or be entitled to any right to employment in such Department in connection with the exercise of any power, function, or duty other than one transferred under this Act. There are authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary to carry out the provisions of this Act. SEC. 4. (a) It shall be unlawful for any person to do or omit to do any act, in violation of any order, directive, rule, or regulation continued in effect by section 3 (b) of this Act or issued in the exercise of any power, function, or duty transferred by section 3 (a) of this Act. (b) It shall be unlawful for any officer or employee of the Government, or for any adviser or consultant to the Secretary of Agriculture in his official capacity, to disclose, otherwise than in the course of official duty, any information obtained under this Act, or to use any such information, for personal benefit. (c) Any person who willfully violates any provision of this section shall, upon conviction thereof, be subject to a fine of not more than $5,000, or to imprisonment for not more than two years in the case of a violation of subsection (b) and for not more than one year in all other cases, or to both such fine and imprisonment. SEC. 5. As used in this Act (a) The term "person" includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of any of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing: Provided, That no punishment provided by this Act shall apply to the United States, or to any such government, political subdivision, or agency. (b) The term "sugar" means any grade or type of saccharine product derived from sugarcane, sugar beets, or corn, including liquid sugar, sirups, molasses, or mixtures thereof, and sugar-containing products, which contain sucrose, dextrose, or levulose. SEC. 6. (a) Section 2 (a) of the Administrative Procedure Act, as amended, is amended by inserting after "Surplus Property Act of 1944" the following: "Sugar Control Extension Act of 1947;' (b) This Act may be cited as the "Sugar Control Extension Act of 1947". Approved March 31, 1947. [PUBLIC LAW 130-80TH CONGRESS] [S. 350] AN ACT To continue the Commodity Credit Corporation as an agency of the United States until June 30, 1948. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of subsection (a) of section 7 of the Act approved January 31, 1935 (49 Stat. 4), as amended, is amended by striking out "June 30, 1947" and inserting in lieu thereof "June 30, 1948". Approved June 30, 1947. [PUBLIC LAW 249-80TH CONGRESS] [CHAPTER 339-1ST SESSION] [S. 512] AN ACT To extend provisions of the Bankhead-Jones Farm Tenant Act and the Soil Conservation and Domestic Allotment Act to the Virgin Islands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sections of title IV of the Bankhead-Jones Farm Tenant Act, as amended, except insofar as they affect title III of the Bankhead-Jones Farm Tenant Act, as amended, are hereby amended as follows: (a) Subsection (b) of section 41 is amended to read: "The Secretary may administer his power and duties under this Act through such area finance, State, and local offices in the United States and in the Territories of Alaska and Hawaii and in Puerto Rico and the Virgin Islands as he determines to be necessary: Provided, That existing regional offices shall be liquidated on or before June 30, 1947. The Secretary may authorize one office to serve the area composed of two or more States (Territories or Puerto Rico and the Virgin Islands) if he determines that the volume of business in the area is not sufficient to justify separate State offices." (b) Section 54 is amended to read: "The provisions of this Act shall extend to the Territories of Alaska and Hawaii and to Puerto Rico and the Virgin Islands. In the case of Alaska and Puerto Rico and the Virgin Islands, the term 'county' as used in this Act shall be deemed synonymous with Territory', or any subdivision thereof as may be designated by the Secretary, and payments under section 33 of this Act shall be made to the Governor of the Territory or to the fiscal agent of such subdivision." SEC. 2. Subsection (a) of section 17 of the Soil Conservation and Domestic Allotment Act (49 Stat. 1151), is amended to read as follows: "This Act shall apply to the United States, the Territories of Alaska and Hawaii, and the possessions of Puerto Rico and the Virgin Islands, and, as used in this Act, the term 'State' includes Alaska, Hawaii, Puerto Rico, and the Virgin Islands." SEC. 3. All Acts or parts of Acts in conflict herewith are hereby repealed. Approved July 26, 1947. (334) |