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630-42. Separability clause.-If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. (May 20, 1936, sec. 14, 49 Stat. 1367; 7 U. S. C., sec. 914.)
630-43. Collection and publication; facts required; submission of report. That the Secretary of Agriculture is hereby authorized and directed to collect and publish statistics of raw peanuts, shelled, unshelled, and crushed, and peanut oil, in the United States, received, processed, shipped, and owned by or in the possession of warehousemen, brokers, cleaners, shellers, dealers, growers' cooperative associations, crushers, salters, manufacturers of peanut products, and owners other than the original producers of peanuts: Provided, That the Secretary may, in his discretion, omit for any period of time to collect such statistics from any or all salters of peanuts or manufacturers of peanut products who used, during the calendar year preceding that for which statistics are being collected, less than thirty thousand pounds of shelled and unshelled peanuts. Such statistics shall show the quality of peanuts in such details as to kinds-Virginias, Runners, Spanish, and imported varieties-as the Secretary shall deem necessary for the purposes of this Act. All reports except those required from persons owning or operating peanut picking or threshing machines shall be submitted monthly in each year. (June 24, 1936, sec. 1,49 Stat. 1898; May 12, 1938, sec. 1, 52 Stat. 348; 7 U. S. C., sec. 951.) 630-44. Same; quantity picked or threshed. The Secretary is hereby authorized and directed to collect and publish statistics of the quantity of peanuts picked or threshed by any person owning or operating peanut picking or threshing machines. (June 24, 1936, sec. 2, 49 Stat. 1899; May 12, 1938, sec. 2, 52 Stat. 349; 7 U. S. C., sec. 952.)
630-45. Reports; necessity; by whom made; penalties.-It shall be the duty of every warehouseman, broker, cleaner, sheller, dealer, growers' cooperative association, crusher, salter, manufacturer of peanut products, and owner or operator of peanut picking or threshing machines to furnish promptly upon request of the Secretary, within the time prescribed by him, completely and correctly to the best of his knowledge, a report of the quantity of peanuts and peanut oil received, processed, shipped, and owned by or on hand and in the case of an operator of peanut picking and threshing machines the quantity picked or threshed, segregating in accordance with forms furnished for the purpose by the Secretary. Any person required by this Act, or the regulations promulgated thereunder, to furnish reports or information, and any officer, agent, or employee thereof who shall refuse or willfully give answers that are false and misleading, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $300 nor more than $1,000, or imprisoned not more than one year, or to be subject to both such fine and imprisonment. (June 24, 1936, sec. 3, 49 Stat. 1899; May 12, 1938, sec. 3, 52 Stat. 349; 7 U. S. C., sec. 953.)
630-46. Secretary of Agriculture authorized to promulgate grades and standards. The Secretary is hereby authorized to establish and pro
So in original.
mulgate grades and standards for the ever in his discretion he may see fit. 1899; 7 U. S. C., sec. 954.)
classification of peanuts, when(June 24, 1936, sec. 4; 49 Stat.
630-47. Limitation on use of information acquired.-That the information furnished under the provisions of this Act shall be used only for the statistical purposes for which it is supplied. No publication shall be made by the Secretary whereby the data furnished by any person can be identified, nor shall the Secretary permit anyone other than the sworn employees of the Department of Agriculture to examine the individual reports. (June 24, 1936, sec. 5; 49 Stat. 1899; 7 U. S. C., sec. 955.)
630-48. Rules and regulations; cooperation with departments, etc.; officers and employees; expenses of administration; appropriation.-The Secretary may make rules and regulations as may be necessary in the administration of this Act and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person; and shall have the power to appoint, remove, and fix the compensation of such officers and employees not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, binding, telegrams, telephones, law books, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses, including reporting services, as shall be necessary to the administration of this Act in the District of Columbia and elsewhere, and as may be appropriated for by Congress; and there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose. (June 24, 1936, sec. 6; 49 Stat. 1899; 7 U. S. C., sec. 956.)
630-49. Definitions.—That when used in this Act—
(1) The term "person" includes individuals, partnerships, corporations, and associations;
(2) The term "Secretary" means the Secretary of Agriculture. (June 24, 1936, sec. 7, 49 Stat. 1899; 7 U. S. C., sec. 957.)
630-50. Title. That this Act may be cited as "The Bankhead-Jones Farm Tenant Act". (July 22, 1937, 50 Stat. 522; 7 U. S. C., sec. 1000.)
630-51. Farm acquirement loans; power of Secretary of Agriculture; persons eligible.-(a) The Secretary of Agriculture (hereinafter referred to as the "Secretary") is authorized to make loans in the United States and in the Territories of Alaska and Hawaii and in Puerto Rico to persons eligible to receive the benefits of this title to enable such persons to acquire farms.
(b) Only farm tenants, farm laborers, sharecroppers, and other individuals who obtain, or who recently obtained, the major portion of their income from farming operatons shall be eligible to receive the benefits of this title. In making available the benefits of this title, the Secretary shall give preference to persons who are married, or who have dependent families, or, wherever practicable, to persons who are able to make an initial down payment, or who are owners of livestock and farm implements necessary successfully to carry on
farming operations. No person shall be eligible who is not a citizen of the United States.
(c) No loan shall be made for the acquisition of any farm unless it is of such size as the Secretary determines to be sufficient to constitute an efficient farm-management unit and to enable a diligent farm family to carry on successful farming of a type which the Secretary deems can be successfully carried on in the locality in which the farm is situated. (July 22, 1937, Title I, sec. 1, 50 Stat. 522; 7 U. S. C., sec. 1001.)
630-52. Same; examination, appraisal, and certification by County Committee. (a) The County Committee established under section 42 shall
(1) Examine applications (filed with the county agent in the county, or with such other person as the Secretary may designate) of persons desiring to finance the acquisition of farms in the county by means of a loan from the Secretary under this title. (2) Examine and appraise farms in the county with respect to which an application for a loan is made.
(b) If the committee finds that an applicant is eligible to receive the benefits of this title, that by reason of his character, ability, and experience he is likely successfully to carry out undertakings required of him under a loan which may be made under this title, and that the farm with respect to which the application is made is of such character that there is a reasonable likelihood that the making of a loan with respect thereto will carry out the purposes of this title, it shall so certify to the Secretary. The committee shall also certify to the Secretary the amount which the committee finds is the reasonable value of the farm.
(c) No certification under this section shall be made with respect to any farm in which any member of the committee or any person related to such member within the third degree of consanguinity or affinity has any property interest, direct or indirect, or in which they or either of them have had such interest within one year prior to the date of certification.
(d) No loan shall be made to any person or with respect to any farm unless certification as required under this section has been made with respect to such person and such farm by the committee. (July 22, 1937, Title I, sec. 2, 50 Stat. 523; 7 U. S. C., sec. 1002.)
630-53. Same; terms of loans.-(a) Loans made under this title shall be in such amount (not in excess of the amount certified by the County Committee to be the value of the farm) as may be necessary to enable the borrower to acquire the farm and for necessary repairs and improvements thereon, and shall be secured by a first mortgage or deed of trust on the farm.
(b) The instruments under which the loan is made and security given therefor shall
(1) Provide for the repayment of the loan within an agreed period of not more than forty years from the making of the loan.
(2) Provide for the payment of interest on the unpaid balance of the loan at the rate of 3 per centum per annum.
(3) Provide for the repayment of the unpaid balance of the loan, together with interest thereon, in installments in accordance with amortization schedules prescribed by the Secretary.
(4) Be in such form and contain such covenants as the Secretary shall prescribe to secure the payment of the unpaid balance of the loan, together with interest thereon, to protect the security, and to assure that the farm will be maintained in repair, and waste and exhaustion of the farm prevented, and that such proper farming practices as the Secretary shall prescribe will be carried out.
(5) Provide that the borrower shall pay taxes and assessments on the farm to the proper taxing authorities, and insure and pay for insurance on farm buildings.
(6) Provide that upon the borrower's assigning, selling, or otherwise transferring the farm, or any interest therein, without the consent of the Secretary, or upon default in the performance of, or upon any failure to comply with, any covenant or condition contained in such instruments, or upon involuntary transfer or sale, the Secretary may declare the amount unpaid immediately due and payable, and that, without the consent of the Secretary, no final payment shall be accepted, or release of the Secretary's interest be made, less than five years after the making of the
(c) Except as provided in paragraph (6) of subsection (b), no instrument provided for in this section shall prohibit the prepayment of any sum due under it.
(d) No provision of section 75, as amended, of the Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States", approved July 1, 1898 (U. S. C., 1934 ed., title 11, sec. 203; Supp. II, title 11, sec. 203), otherwise applicable in respect of any indebtedness incurred under this title by any beneficiary thereof, shall be applicable in respect of such indebtedness until such beneficiary has repaid at least 15 per centum thereof. (July 22, 1937, Title I, sec. 3, 50 Stat. 523; 7 U. S. C., sec. 1003.)
630-54. Same; equitable distribution of loans.-In making loans under this title, the amount which is devoted to such purpose during any fiscal year shall be distributed equitably among the several States and Territories on the basis of farm population and the prevalence of tenancy, as determined by the Secretary. (July 22, 1937, Title I, sec. 4, 50 Stat. 524; 7 U. S. C., sec. 1004.)
630-55. Same; avoidance of production expansion.-In carrying out this title, the Secretary shall give due consideration to the desirability of avoiding the expansion of production for market of basic commodities where such expansion would defeat the policy of Congress as set forth in section 7 (a) (5) of the Soil Conservation and Domestic Allotment Act, as amended, and shall, so far as practicable, assist beneficiaries of the program under this title to become established upon lands now in cultivation. (July 22, 1937, Title I, sec. 5, 50 Stat. 524; 7 U. S. C., sec. 1005.)
630-56. Same; appropriation authorization.-To carry out the provisions of this title, there is authorized to be appropriated not to exceed $10,000,000 for the fiscal year ending June 30, 1938, not to exceed $25,000,000 for the fiscal year ending June 30, 1939, and not to
exceed $50,000,000 for each fiscal year thereafter. Not more than 5 per centum of the sums appropriated for any fiscal year in pursuance of this section shall be available for administrative expenses in carrying out this title during such fiscal year. (July 22, 1937, Title I, sec. 6, 50 Stat. 524; 7 U. S. C., sec. 1006.)
630-57. Rehabilitation loans; terms; borrowers.-(a) Out of the funds made available under section 23, the Secretary shall have power to make loans to eligible individuals for the purchase of livestock, farm equipment, supplies, and for other farm needs (including minor improvements and minor repairs to real property), and for the refinancing of indebtedness, and for family subsistence.
(b) Loans made under this section shall bear interest at a rate not in excess of 3 per centum per annum, and shall have maturities not in excess of five years, and may be renewed. Such loans shall be payable in such installments as the Secretary may provide in the loan agreement. All loans made under this title shall be secured by a chattel mortgage, a lien on crops, and an assignment of proceeds from the sale of agricultural products, or by any one or more of the foregoing.
(c) Only farm owners, farm tenants, farm laborers, sharecroppers, and other individuals who obtained, or who recently obtained, the major portion of their income from farming operations, and who cannot obtain credit on reasonable terms from any federally incorporated lending institution, shall be eligible for loans under this section. (July 22, 1937, Title II, sec. 21, 50 Stat. 524; 7 U. S. C., sec. 1007.)
630-58. Same; debt adjustment.-The Secretary shall have power to assist in the voluntary adjustment of indebtedness between farm debtors and their creditors and may cooperate with and pay the whole or part of the expenses of State, Territorial, and local agencies and committees engaged in such debt adjustment. He is also authorized to continue and carry out undertakings with respect to farm debt adjustment uncompleted at the time when appropriations for the purpose of this section are first available. Services furnished by the Secretary under this section shall be without charge to the debtor or creditor. (July 22, 1937, Title II, sec. 22, 50 Stat. 525; 7 U. S. C., sec. 1008.)
630-59. Same; appropriation.-(a) For the fiscal year ending June 30, 1938, the balances of funds available to the Secretary for loans and relief to farmers, pursuant to Executive Order Numbered 7530 of December 31, 1936, as amended by Executive Order Numbered 7557 of February 19, 1937, which are unexpended on June 30, 1937, are authorized to be appropriated to carry out the provisions of this title.
(b) The President is authorized to allot to the Secretary, out of appropriations made for relief or work relief for any fiscal year ending prior to July 1, 1939, such sums as he determines to be necessary to carry out the provisions of this title and to enable the Secretary to carry out such other forms of rehabilitation of individuals eligible under this title to receive loans as may be authorized by law and designated in the Executive order directing the allotment. (July 22. 1937, Title II, sec. 23, 50 Stat. 525; 7 U. S. C., sec. 1009.)