SUBTITLE E-RICE CERTIFICATES LEGISLATIVE FINDINGS SEC. 380a to SEC. 380p. [Effective only as to the 1957-58 rice crops.] SUBTITLE F-MISCELLANEOUS PROVISIONS AND APPROPRIATIONS PART I-MISCELLANEOUS COTTON PRICE ADJUSTMENT PAYMENT SEC. 381. (a) (Applicable only to the 1937 crop of cotton.) (b) (Applicable only to the 1937 crop of cotton.) (c)13 SEC. 382. (Applicable only to the 1937 crop of cotton.) INSURANCE OF COTTON AND RECONCENTRATION OF COTTON SEC. 383. (a) The Commodity Credit Corporation shall place all insurance of every nature taken out by it on cotton, and all renewals, extensions, or continuations of existing insurance, with insurance agents who are bona fide residents of and doing business in the State where the cotton is warehoused: Provided, That such insurance may be secured at a cost not greater than similar insurance offered on said cotton elsewhere. (7 U.S.C. 1383(a).) (b) Cotton held as security for any loan heretofore or hereafter made or arranged for by the Commodity Credit Corporation shall not hereafter be reconcentrated without the written consent of the producer or borrower. (7 U.S.C. 1383(b).) [ACT OF JUNE 16, 1938.2-In the administration of section 383(b) of the Agricultural Adjustment Act of 1938 the written consent of the producer or borrower to the reconcentration of any cotton held as security for any loan heretofore or hereafter made or arranged for by the Commodity Credit Corporation shall not be deemed to have been given unless such consent shall have been given in an instrument made solely for that purpose. Notwithstanding any provision of any loan agreement heretofore made, no cotton held under any such agreement as security for any such loan shall be moved from one warehouse to another unless the written consent of the producer or borrower shall have been obtained in a separate instrument given solely for that purpose, as requried by this Act. The giving of written consent for the reconcentration of cotton shall not be made a condition upon the making of any loan hereafter made or arranged for by the Commodity Credit Corporation: Provided, however, That in cases where there is congestion and lack of storage facilities, and the local warehouse certifies such fact and requests the Commodity Credit Corporation to move the cotton for reconcentration to some other point, or when the Commodity Credit Corporation determines such loan cotton is improperly warehoused and subject to damage, or if uninsured, or if any of Repealed by the Agricultural Act of 1948, P.L. 80-897, 62 Stat. 1255, July 3, 1948. 2 P.L. 660, 75th Cong., 52 Stat. 762. the terms of the loan agreement are violated, or if carrying charges are substantially in excess of the average of carrying charges available elsewhere, and the local warehouse, after notice, declines to reduce such charges, such written consent as provided in this amendment need not be obtained; and consent to movement under any of the conditions of this proviso may be required in future loan agreements. (7 U.S.C. 1383a.)1 REPORT OF BENEFITS SEC. 384.3 FINALITY OF FARMERS PAYMENTS AND LOANS SEC. 385.4 The facts constituting the basis for any Soil Conservation Act payment, any payment under the wheat, feed grain, upland cotton, and rice programs authorized by the Agricultural Act of 1949 and this Act, any loan, or price support operation, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary or by the Commodity Credit Corporation, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government. In case any person who is entitled to any such payment dies, becomes incompetent, or disappears before receiving such payment, or is succeeded by another who renders or completes the requied performance, the payment shall, without regard to any other provisions of law, be made as the Secretary of Agriculture may determine to be fair and reasonable in all the circumstances and provide by regulations. This section also shall be applicable to payments provided for under section 348 of this title. (7 U.S.C. 1385.) SEC. 386. The provisions of section 3741 of the Revised Statutes (U.S.C., 1934 edition, title 41, sec. 22) and sections 114 and 115 or the Criminal Code of the United States (Ú.S.C., 1934 edition, title 18, secs. 204 and 205) [now 18 U.S.C. 431 and 432] shall not be applicable to loans or payments made under this Act (except under section 383(a)). (7 U.S.C. 1386.) PHOTOGRAPHIC REPRODUCTIONS AND MAPS SEC. 387. The Secretary may furnish reproductions of such aerial or other photographs, mosaics, and maps as have been obtained in connection with the authorized work of the Department to farmers and governmental agencies at the estimated cost of furnishing such reproductions, and to persons other than farmers at such prices (not less than 3 Repealed by P.L. 615, 79th Cong., 60 Stat. 866, Aug. 7, 1946. The first sentence was substantially revised by Sec. 405 of the Food and Agriculture Act of 1977, P.L. 95–113, 91 Stat. 927, Sept. 29, 1977, effective only with respect to the 1978 through 1981 crops. The original version read as follows: The facts constituting the basis for any Soil Conservation Act payment, parity payment, payments (including certificates) under the wheat and feed grain set-aside programs, payments under the cotton set-aside program, payments under the rice program authorized by Sec. 101(g) of the Agricultural Act of 1949, payment under section 339, loan, or price support operation, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary or by the Commodity Credit Corporation, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government." The words beginning with "payments (including certificates)" and ending with "cotton set aside program" were added by sections 404 and 605 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1366, 1378, Nov. 30, 1970, effective only with respect to the 1971, 1972, and 1973 crops. Sections 1(11) and 1(22) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 235, Aug. 10, 1973 extended the effective period of this amendment through the 1977 crop. The words beginning with "payments under the rice program" and ending with "Agricultural Act of 1949" were added by Sec. 302 of the Rice Production Act of 1975, P.L. 94-214, 90 Stat. 187, Feb. 16, 1976, effective only as to the 1976 and 1977 crops of rice. estimated cost of furnishing such reproductions) as the Secretary may determine, the money received from such sales to be deposited in the Treasury to the credit of the appropriation charged with the cost of making such reproductions. This section shall not affect the power of the Secretary to make other disposition of such or similar materials under any other provisions of existing law. (7 U.S.C. 1387.) UTILIZATION OF LOCAL AGENCIES SEC. 388. (a) The provisions of section 8(b) and section 11 of the Soil Conservation and Domestic Allotment Act, as amended, relating to the utilization of State, county, local committees, the extension service, and other approved agencies, and to recognition and encouragement of cooperative associations, shall apply in the administration of this Act; and the Secretary shall, for such purposes, utilize the same local, county, and State committees as are utilized under sections 7 to 17, inclusive, of the Soil Conservation and Domestic Allotment Act, as amended. The local administrative areas designated under section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, for the administration of programs under that Act, and the local administrative areas designated for the administration of this Act shall be the same. (7 U.S.C. 1388(a).) (b) The Secretary is authorized and directed, from any funds made available for the purposes of the Acts in connection with which county committees are utilized, to make payments to county committees of farmers to cover the estimated administrative expenses incurred or to be incurred by them in cooperating in carrying out the provisions of such Acts. All or part of such estimated administrative expenses of any such committee may be deducted pro rata from the Soil Conservation Act payments, parity payments, or loans, or other payments under such Acts, made unless payment of such expenses is otherwise provided by law. The Secretary may make such payments to such committees in advance of determination of performance by farmers. (7 U.S.C. 1388(b).) PERSONNEL SEC. 389.4 The Secretary is authorized and directed to provide for the execution by the Agricultural Adjustment Administration of such of the powers conferred upon him by this Act as he deems may be appropriately exercised by such administration; and for such purposes the provisions of law applicable to appointment and compensation of persons employed by the Agricultural Adjustment Administration shall apply. (7 U.S.C. 1389.) SEPARABILITY SEC. 390. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons The functions of the Agricultural Adjustment Administration were transferred to the Secretary of Agriculture by 1946 Reorganization Plan No. 3 (60 Stat. 1100, 11 F.R. 7877), and delegated by him to the Commodity Stablizaton Service (19 F.R. 77). The title of the Commodity Stabilization Service was changed to Agricultural Stabilization and Conservation Service (Reorganization Plan 2 of 1953 (26 F.R. 8404)). or circumstances, and the provisions of the Soil Conservation and Domestic Allotment Act, as amended, shall not be affected thereby. Without limiting the generality of the foregoing, if any provision of this Act should be held not to be within the power of the Congress to regulate interstate and foreign commerce, such provision shall not be held invalid if it is within the power of the Congress to provide for the general welfare or any other power of the Congress. If any provision of this Act for the marketing quotas with respect to any commodity should be held invalid, no provision of this Act for marketing quotas with respect to any other commodity shall be affected thereby. If the application of any provision for a referendum should be held invalid, the application of other provisions shall not be affected thereby. If by reason of any provision for a referendum the application of any such other provision to any person or circumstance is held invalid, the application of such other provision to other persons or circumstances shall not be affected thereby. (7 U.S.C. 1390.) PART II-APPROPRIATIONS AND ADMINISTRATIVE EXPENSES APPROPRIATIONS SEC. 391. (a) Beginning with the fiscal year ending June 30, 1938, there is hereby authorized to be appropriated, for each fiscal year for the administration of this Act and for the making of soil conservation and other payments such sums as Congress may determine, in addition to any amount made available pursuant to section 15 of the Soil Conservation and Domestic Allotment Act, as amended. (7 U.S.C. 1391(a).) (b) (Applicable only to fiscal year 1938.) (c) During each fiscal year, beginning with the fiscal year ending June 30, 1941, the Commodity Credit Corporation is authorized and directed to loan to the Secretary such sums, not to exceed $50,000,000, as he estimates will be required during such fiscal year, to make crop insurance premium advances and to make advances pursuant to the applicable provisions of sections 8 and 12 of the Soil Conservation and Domestic Allotment Act, as amended, in connection with programs applicable to crops harvested in the calendar year in which such fiscal year ends, and to pay the administrative expenses of county agricultural conservation associations for the calendar year in which such fiscal year ends. The sums so loaned during any fiscal year shall be transferred to the current appropriation available for carrying out sections 7 to 17 of such Act and shall be repaid, with interest at a rate to be determined by the Secretary but not less than the cost of money to the Commodity Credit Corporation for a comparable period, during the succeeding fiscal year from the appropriation available for that year or from any unobligated balance of the appropriation for any other year. (7 U.S.C. 1391(c).) ADMINISTRATIVE EXPENSES SEC. 392. (a) The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this Act and sections 7 to 17, inclusive, of the Soil Conservation and Domestic Allotment Act, as amended, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies |