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7 U.S.C. § 1379 — Court jurisdiction; duties of United States attorneys; remedies and penalties as additional

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1379 — Court jurisdiction; duties of United States attorneys; remedies and penalties as additional

The several district courts of the United States are vested with jurisdiction specifically to enforce the provisions of this subchapter. If and when the Secretary shall so request, it shall be the duty of the several United States attorneys in their respective districts, under the direction of the Attorney General, to institute proceedings to collect the penalties provided in this subchapter. The remedies and penalties provided for herein shall be in addition to, and not exclusive of, any of the remedies or penalties under existing law. This section also shall be applicable to liquidated damages provided for pursuant to [section 1349 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1349&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-7/section-1379-court-jurisdiction-duties-of-united-states-attorneys-remedies-and-penalt--98353a8217.md
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Source location: Title 7, Chapter 35, § 1379; chapter-035-agricultural-adjustment-act-of-1938.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1349 — Penalties

**(a)** Whenever farm marketing quotas are in effect with respect to any crop of cotton, the producer shall be subject to a penalty on the farm marketing excess at a rate per pound equal to 50 per centum of the parity price per pound for cotton as of June 15 of the calendar year in which such crop is produced. **(b)** The farm marketing excess of cotton shall be regarded as available for marketing and the amount of penalty shall be computed upon the normal production of the acreage on the farm planted to cotton in excess of the farm acreage allotment. If a downward adjustment in the amount of the farm marketing excess is made pursuant to the proviso in [section 1345 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1345&num=0&edition=prelim), the difference between the amount of the penalty computed upon the farm marketing excess before such adjustment and as computed upon the adjusted farm marketing excess shall be returned to or allowed the producer. **(c)** The person liable for payment or collection of the penalty shall be liable also for interest thereon at the rate of 6 per centum per annum from the date the penalty becomes due until the date of payment of such penalty. **(d)** Until the penalty on the farm marketing excess is paid, all cotton produced on the farm and marketed by the producer shall be subject to the penalty provided by this section and a lien on the entire crop of cotton produced on the farm shall be in effect in favor of the United States. **(e)** Notwithstanding any other provision of this chapter, for the 1966 through 1970 crops of upland cotton, if the farm operator elects to forgo price support for any such crop of cotton by applying to the county committee of the county in which the farm is located

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 541 — United States attorneys

**(a)** The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district. **(b)** Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies. **(c)** Each United States attorney is subject to removal by the President.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1344 — National marketing quota; proclamation; amount; date of proclamation

Whenever during any calendar year the Secretary determines that the total supply of cotton for the marketing year beginning in such calendar year will exceed the normal supply for such marketing year, the Secretary shall proclaim such fact and a national marketing quota shall be in effect for the crop of cotton produced in the next calendar year. The Secretary shall also determine and specify in such proclamation the amount of the national marketing quota in terms of the number of bales of cotton (standard bales of five hundred pounds gross weight) adequate, together with (1) the estimated carry-over at the beginning of the marketing year which begins in the next calendar year and (2) the estimated imports during such marketing year, to make available a normal supply of cotton: Provided, That beginning with the 1961 crop, the national marketing quota shall be not less than a number of bales equal to the estimated domestic consumption and estimated exports (less estimated imports) for the marketing year for which the quota is proclaimed, except that the Secretary shall make such adjustment in the amount of such quota as he determines necessary after taking into consideration the estimated stocks of cotton in the United States (including the qualities of such stocks) and stocks in foreign countries which would be available for the marketing year for which the quota is being proclaimed if no adjustment of such quota is made hereunder, to assure the maintenance of adequate but not excessive stocks in the United States to provide a continuous and stable supply of the different qualities of cotton needed in the United States and in foreign cotton consuming countries, and for purposes of national security; but the Secretary, in making such adjustments, may not reduce the natio

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1379 — Reconstitution of farms

Page 683 TITLE 7—AGRICULTURE § 1379 Editorial Notes CODIFICATION Part of subsec. (d) of section 378 of act Feb. 16, 1938, is set out as a Savings Provision note below. The re- mainder of such subsec. (d) repealed sections 1313(h), 1334(d), 1344(h), 1353(f), and 1358(h) of this title. AMENDMENTS 2004—Subsec. (c). Pub. L. 108–357, § 611(l)(1), which di- rected amendment of subsec. (c) by substituting ‘‘and cotton’’ for ‘‘cotton, and tobacco’’, was executed by making the substitution for ‘‘cotton and tobacco’’, to reflect the probable intent of Congress. Subsecs. (d), (e). Pub. L. 108–357, § 611(l)(2), directed the repeal of subsecs. (d) and (e), added by Pub. L. 91–524, which had temporarily included farm base acre- age allotment for upland cotton and domestic allot- ment for wheat within the term ‘‘allotment’’ as used in this section. See Codification note above and 1970 Amendment note below. Subsec. (f). Pub. L. 108–357, § 611(l)(2), struck out sub- sec. (f), which provided that the terms ‘‘allotment’’ and ‘‘acreage’’ would be construed to mean ‘‘marketing quota’’ and ‘‘poundage’’, respectively, in applying pro- visions to a farm for which a quota had been deter- mined under section 1314e of this title. 2002—Subsec. (c). Pub. L. 107–171 substituted ‘‘cotton and tobacco,’’ for ‘‘cotton, tobacco, and peanuts,’’. 1972—Subsec. (a). Pub. L. 92–354 struck out the alter- native time limitation for filing applications to the county committee and substituted provisions describ- ing allotments for provisions requiring the allotments to be comparable with allotments determined for other farms in the same area which are similar except for the past acreage of the commodity. 1971—Subsec. (f). Pub. L. 92–10 added subsec. (f). 1970—Subsec. (d). Pub. L. 91–524,

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