15 U.S.C. § 714i — Cooperation with other governmental

Page 1179 TITLE 15—COMMERCE AND TRADE § 714i and 1013 of Title 5, Government Organization and Em- ployees. Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS For exception of functions of corporations of Depart- ment of Agriculture from transfer of functions to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title. § 714h. Officers and employees; appointment; du- ties The Secretary shall appoint such officers and employees as may be necessary for the conduct of the business of the Corporation, define their authority and duties, delegate to them such of the powers vested in the Corporation as he may determine. With the exception of experts, ap- pointments shall be made pursuant to the civil- service laws and chapter 51 and subchapter III of chapter 53 of title 5. (June 29, 1948, ch. 704, § 10, 62 Stat. 1073; June 7, 1949, ch. 175, § 4, 63 Stat. 156; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 92–310, title II, § 224(b), June 6, 1972, 86 Stat. 206.) Editorial Notes CODIFICATION ‘‘Chapter 51 and subchapter III of chapter 53 of title 5’’ substituted in text for ‘‘the Classification Act of 1949’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1972—Pub. L. 92–310 struck out provisions which per- mitted the Secretary to designate officers and employ- ees to be bonded, and which authorized the Corporation to pay the premium on the bonds. 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Act June 7, 1949, amended section generally to permit the Secretary to appoint the officers and employees of the Corporation and to define their authority and du- ties. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. SALES MANAGER Pub. L. 87–367, title I, § 103(11), Oct. 4, 1961, 75 Stat. 789, repealed such part of section 101 of act Aug. 4, 1955, ch. 451, Ch. I, 69 Stat. 451, which authorized the position of sales manager in the Commodity Credit Corporation to be placed in grade 17 of the General Schedule of the Classification Act of 1949. See section 5332 of Title 5, Government Organization and Employees. Positions existing prior to Oct. 4, 1961, compensation thereof and appointments thereto unaffected by changes made by Pub. L. 87–367 and positions in grades 16, 17 and 18 of the General Schedule of the Classifica- tion Act of 1949 prior to Oct. 4, 1961, to remain in re- spective grades, until appropriate action is taken under title I of Pub. L. 87–367 and section 5108 of Title 5, see section 104 of Pub. L. 87–367. Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS For exception of functions of corporations of Depart- ment of Agriculture from transfer of functions to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title. § 714i. Cooperation with other governmental agencies The Corporation may, with the consent of the agency concerned, accept and utilize, on a com- pensated or uncompensated basis, the officers, employees, services, facilities, and information of any agency of the Federal Government, in- cluding any bureau, office, administration, or other agency of the Department of Agriculture, and of any State, the District of Columbia, any Territory or possession, or any political subdivi- sion thereof. The Corporation may allot to any bureau, office, administration, or other agency of the Department of Agriculture or transfer to such other agencies as it may request to assist it in the conduct of its business any of the funds available to it for administrative expenses. The personnel and facilities of the Corporation may, with the consent of the Corporation, be utilized on a reimbursable basis by any agency of the Federal Government, including any bureau, of- fice, administration, or other agency of the De- partment of Agriculture, in the performance of any part or all of the functions of such agency. After September 30, 1996, the total amount of all allotments and fund transfers from the Corpora- tion under this section (including allotments and transfers for automated data processing or information resource management activities but excluding any amounts used to provide tech- nical assistance under title X of the Agriculture Improvement Act of 2018 or an amendment made by that title) for a fiscal year may not exceed the total amount of the allotments and transfers made under this section in fiscal year 1995. (June 29, 1948, ch. 704, § 11, 62 Stat. 1073; Pub. L. 104–127, title I, § 161(b)(2), Apr. 4, 1996, 110 Stat. 934; Pub. L. 115–334, title X, § 10112, Dec. 20, 2018, 132 Stat. 4908.) Editorial Notes REFERENCES IN TEXT The Agriculture Improvement Act of 2018, referred to in text, is Pub. L. 115–334, Dec. 20, 2018, 132 Stat. 4490. Title X of the Act enacted subchapter VII of chapter 38 and sections 1627c and 6521a of Title 7, Agriculture, amended this section and sections 136a, 1622b, 1632a, 1632b, 2204h, 2207b, 2276, 2401, 2402, 2541, 2568, 3003, 5925c, 6502, 6514, 6515, 6518, 6519, 6521–6523, and 7655a of Title 7, repealed sections 3005 and 3006 of Title 7, enacted provi- sions set out as notes under sections 1627c, 1639o, 6503, and 6521a of Title 7, and amended provisions set out as a note under section 1621 of Title 7. For complete clas- sification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 9001 of Title 7 and Tables. AMENDMENTS 2018—Pub. L. 115–334 inserted ‘‘but excluding any amounts used to provide technical assistance under title X of the Agriculture Improvement Act of 2018 or an amendment made by that title’’ after ‘‘activities’’. 1996—Pub. L. 104–127 inserted at end ‘‘After Sep- tember 30, 1996, the total amount of all allotments and fund transfers from the Corporation under this section (including allotments and transfers for automated data processing or information resource management activi- ties) for a fiscal year may not exceed the total amount Page 1180 TITLE 15—COMMERCE AND TRADE § 714j of the allotments and transfers made under this section in fiscal year 1995.’’ Statutory Notes and Related Subsidiaries CLARIFICATION OF USE OF FUNDS FOR TECHNICAL ASSISTANCE Pub. L. 113–79, title X, § 10017, Feb. 7, 2014, 128 Stat. 953, provided that: ‘‘In the case of each program estab- lished or amended by this title [title X of Pub. L. 113–79, see Tables for classification] that is authorized or required to be carried out using funds of the Com- modity Credit Corporation, the use of those funds to provide technical assistance shall not be considered an allotment or fund transfer from the Commodity Credit Corporation for purposes of the limit on expenditures for technical assistance imposed by section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i).’’ Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS For exception of functions of corporations of Depart- ment of Agriculture from transfer of functions to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title. § 714j. Utilization of associations and trade facili- ties The Corporation may, in the conduct of its business, utilize on a contract or fee basis, com- mittees or associations of producers, producer- owned and producer-controlled cooperative asso- ciations, and trade facilities. (June 29, 1948, ch. 704, § 12, 62 Stat. 1073.) Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS For exception of functions of corporations of Depart- ment of Agriculture from transfer of functions to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title. § 714k. Records; annual report The Corporation shall at all times maintain complete and accurate books of account and shall file annually with the Secretary of Agri- culture a complete report as to the business of the Corporation, a copy of which shall be for- warded by the Secretary of Agriculture to the President for transmission to the Congress. In addition to the annual report, the Corporation shall submit to Congress on a quarterly basis an itemized report of all expenditures over $10,000 made under section 714c or 714i of this title dur- ing the period covered by the report, including expenditures in the form of allotments or fund transfers to other agencies and departments of the Federal Government. (June 29, 1948, ch. 704, § 13, 62 Stat. 1073; Pub. L. 104–127, title I, § 161(b)(3), Apr. 4, 1996, 110 Stat. 934.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 inserted at end ‘‘In addition to the annual report, the Corporation shall submit to Con- gress on a quarterly basis an itemized report of all ex- penditures over $10,000 made under section 714c or 714i of this title during the period covered by the report, in- cluding expenditures in the form of allotments or fund transfers to other agencies and departments of the Fed- eral Government.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the requirement, under the 1st sentence of this section, to transmit to Congress a complete annual report as to the business of the Corporation, is listed on page 46), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402] of Pub. L. 106–554, set out as notes under sec- tion 1113 of Title 31, Money and Finance. Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS For exception of functions of corporations of Depart- ment of Agriculture from transfer of functions to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title. DELEGATION OF CERTAIN REPORTING AUTHORITY Memorandum of President of the United States, Dec. 8, 2004, 69 F.R. 74941, provided: Memorandum for the Secretary of Agriculture By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the Presi- dent by section 13 of Public Law 806, 80th Congress (15 U.S.C. 714k), to provide the specified report to the Con- gress. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 714l. Interest of Members of Congress The provisions of section 6306(a) of title 41 shall apply to all contracts or agreements of the Corporation, except contracts or agreements of a kind which the Corporation may enter into with farmers participating in a program of the Corporation. (June 29, 1948, ch. 704, § 14, 62 Stat. 1074.) Editorial Notes CODIFICATION In text, ‘‘section 6306(a) of title 41’’ substituted for ‘‘section 1 of the Act of February 27, 1877, as amended (41 U.S.C., 1940 edition, 22)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en- acted Title 41, Public Contracts. Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS For exception of functions of corporations of Depart- ment of Agriculture from transfer of functions to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title. § 714m. Crimes and offenses (a) False statements; overvaluation of securities Whoever makes any statement knowing it to be false, or whoever willfully overvalues any se-