12 U.S.C. § 1141h — Avoidance of duplication; cooperation

Page 272 TITLE 12—BANKS AND BANKING § 1141a (c) The Farm Credit Administration shall exe- cute the powers vested in it by this chapter only in such manner as will, in the judgment of the administration, aid to the fullest practicable ex- tent in carrying out the policy above declared. (June 15, 1929, ch. 24, § 1, 46 Stat. 11; Ex. Ord. No. 6084, Mar. 27, 1933.) Editorial Notes CODIFICATION Section was formerly classified to section 521 of Title 7, Agriculture. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Farm Credit Administration’’ and ‘‘administration’’ substituted in text for ‘‘Federal Farm Loan Board’’ and ‘‘board’’, respectively, pursuant to Ex. Ord. No. 6084, set out preceding section 2241 of this title. SHORT TITLE For short title of this chapter as the Agricultural Marketing Act, see section 1141j(e) of this title. TRANSFER OF FUNCTIONS Establishment of Farm Credit Administration as an independent agency, composition of Farm Credit Ad- ministration, appointment of Governor of Farm Credit Administration and duties thereof, including duty to perform functions, etc., of Farm Credit Administration, see section 2241 et seq. of this title. Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS Functions of Farm Credit Administration or any agency, officer, or entity of, under, or subject to super- vision of said Administration excepted from functions of officers, agencies, and employees transferred to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Em- ployees. § 1141a. Repealed. Aug. 6, 1953, ch. 335, § 19, 67 Stat. 400 Section, act June 15, 1929, ch. 24, § 2, 46 Stat. 11; Ex. Ord. No. 6084, Mar. 27, 1943; act Oct. 15, 1949, ch. 695, § 6(a), 63 Stat. 881, related to appointment, compensa- tion, qualifications, term of office, and expenses of the Governor of the Farm Credit Administration. See sec- tion 2244 et seq. of this title. §§ 1141b to 1141f. Repealed. Pub. L. 115–334, title V, § 5411(52)–(56), (58), Dec. 20, 2018, 132 Stat. 4685 Section 1141b, act June 15, 1929, ch. 24, § 4, 46 Stat. 13; Ex. Ord. No. 6084, Mar. 27, 1933; Aug. 19, 1937, ch. 704, § 37, 50 Stat. 717; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 96–592, title V, § 510, Dec. 24, 1980, 94 Stat. 3451, set out general powers of the Farm Credit Administration. Section 1141c, act June 15, 1929, ch. 24, § 5, 46 Stat. 13; Ex. Ord. No. 6084, Mar. 27, 1933; June 16, 1933, ch. 98, title V, § 50(a), 48 Stat. 265, set out special powers of the Farm Credit Administration. Section 1141d, act June 15, 1929, ch. 24, § 6, 46 Stat. 14; Ex. Ord. No. 6084, Mar. 27, 1933; June 16, 1933, ch. 98, title III, §§ 33, 34, title IV, §§ 40, 41, 48 Stat. 262, 264; Aug. 19, 1937, ch. 704, § 38, 50 Stat. 718; Pub. L. 87–494, June 25, 1962, 76 Stat. 109, established and authorized an appro- priation for a revolving fund. Section 1141d–1, act June 22, 1939, ch. 239, 53 Stat. 853, related to limits on interest rates charged on loans made from the revolving fund. Section 1141e, act June 15, 1929, ch. 24, § 7, 46 Stat. 14; Ex. Ord. No. 6084, Mar. 27, 1933; June 16, 1933, ch. 98, title V, §§ 50–53, 48 Stat. 265; June 3, 1935, ch. 164, §§ 9, 10, 49 Stat. 316, related to loans made to cooperative asso- ciations. Section 1141f, act June 15, 1929, ch. 24, § 8, 46 Stat. 14; Ex. Ord. No. 6084, Mar. 27, 1933; June 16, 1933, ch. 98, title V, § 54, 48 Stat. 266; June 3, 1935, ch. 164, § 11, 49 Stat. 316; Aug. 19, 1937, ch. 704, § 5(a), 50 Stat. 704; Aug. 11, 1955, ch. 785, title I, § 109, 69 Stat. 662; Pub. L. 89–525, § 4(b), Aug. 2, 1966, 80 Stat. 334, set out miscellaneous loan provisions. Editorial Notes CODIFICATION Sections 1141b to 1141d, 1141e, and 1141f were formerly classified to sections 524 to 526, 527, and 528, respec- tively, of Title 7, Agriculture. § 1141g. Omitted Editorial Notes CODIFICATION Section, act June 15, 1929, ch. 24, § 9, 46 Stat. 15; Ex. Ord. No. 6084, Mar. 27, 1933, provided for the recogni- tion, upon application of the advisory commodity com- mittee, of stabilization corporations for commodities, and prescribed functions and operations in connection therewith. Ex. Ord. No. 6084 abolished the authority conferred by this section and ordered the Farm Credit Administration to take appropriate steps for winding up the activities of such corporations. The order is set out as a note preceding section 2241 of this title. § 1141h. Avoidance of duplication; cooperation with other governmental establishments; ob- taining information and data; cooperation with States, Territories, and agencies or sub- divisions thereof; indicating research prob- lems; transfer of offices, functions, etc. (a) The administration shall, in cooperation with any governmental establishment in the Ex- ecutive branch of the Government, including any field service thereof at home or abroad, avail itself of the services and facilities thereof in order to avoid preventable expense or duplica- tion of effort. (b) The President may by Executive order di- rect any such governmental establishment to furnish the administration such information and data as such governmental establishment may have pertaining to the functions of the adminis- tration; except that the President shall not di- rect that the administration be furnished with any information or data supplied by any person in confidence to any governmental establish- ment in pursuance of any provision of law or of any agreement with a governmental establish- ment. (c) The administration may cooperate with any State or Territory, or department, agency, or political subdivision thereof, or with any per- son. (d) The administration shall, through the gov- ernor, indicate to the appropriate bureau or di- vision of the Department of Agriculture any spe- cial problem on which a research is needed to aid in carrying out the provisions of this chap- ter. (e) The President is authorized, by Executive order, to transfer to or retransfer from the juris- diction and control of the administration the Page 273 TITLE 12—BANKS AND BANKING § 1141j whole or any part of (1) any office, bureau, serv- ice, division, commission, or board in the Execu- tive branch of the Government engaged in sci- entific or extension work, or the furnishing of services, with respect to the marketing of agri- cultural commodities, (2) its functions per- taining to such work or services, and (3) the rec- ords, property, including office equipment, per- sonnel, and unexpended balances of appropria- tion, pertaining to such work or services. (June 15, 1929, ch. 24, § 13, 46 Stat. 17; Ex. Ord. No. 6084, Mar. 27, 1933.) Editorial Notes CODIFICATION Section was formerly classified to section 533 of Title 7, Agriculture. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administration’’ substituted in text for ‘‘board’’ pursuant to Ex. Ord. No. 6084, set out preceding section 2241 of this title. TRANSFER OF FUNCTIONS Establishment of Farm Credit Administration as an independent agency, composition of Farm Credit Ad- ministration, appointment of Governor of Farm Credit Administration, and duties thereof, including duty to perform functions, etc., of Farm Credit Administration, see section 2241 et seq. of this title. Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS Functions of Farm Credit Administration or any agency, officer, or entity of, under, or subject to super- vision of said Administration excepted from functions of officers, agencies, and employees transferred to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Em- ployees. § 1141i. Repealed. Pub. L. 115–334, title V, § 5411(57), Dec. 20, 2018, 132 Stat. 4685 Section, act June 15, 1929, ch. 24, § 14, 46 Stat. 18; Ex. Ord. No. 6084, Mar. 27, 1933; Aug. 30, 1954, ch. 1076, § 1(30), 68 Stat. 968; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, related to finality of certain vouchers approved for expenditures and examination of financial trans- actions. Section was formerly classified to section 534 of Title 7, Agriculture. § 1141j. Miscellaneous provisions (a) ‘‘Cooperative association’’ defined As used in this chapter, the term ‘‘cooperative association’’ means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distrib- uting, and/or furnishing farm supplies and/or farm business services: Provided, however, That such associations are operated for the mutual benefit of the members thereof as such pro- ducers or purchasers and conform to one or both of the following requirements: First. That no member of the association is al- lowed more than one vote because of the amount of stock or membership capital he may own therein; and Second. That the association does not pay dividends on stock or membership capital in ex- cess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in farm products, farm supplies, and farm business services with or for nonmembers in an amount greater in value than the total amount of such business transacted by it with or for members. All business transacted by any cooperative asso- ciation for or on behalf of the United States or any agency or instrumentality thereof shall be disregarded in determining the volume of mem- ber and nonmember business transacted by such association. (b) Speculation prohibited It shall be unlawful for the governor, or any officer or employee of the Farm Credit Adminis- tration to speculate directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity or product. Any person violating this subdivision shall upon conviction thereof be fined not more than $10,000, or imprisoned not more than ten years, or both. (c) Confidential information; disclosure prohib- ited It shall be unlawful (1) for any cooperative as- sociation, stabilization corporation, clearing- house association, or commodity committee, or (2) for any director, officer, employee, or mem- ber or person acting on behalf of any such asso- ciation, corporation, or committee, to which or to whom information has been imparted in con- fidence by the administration, to disclose such information in violation of any regulation of the administration. Any such association, corpora- tion, or committee, or director, officer, em- ployee, or member thereof, violating this sub- division, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (d) Separability clause If any provision of this chapter is declared un- constitutional, or the applicability thereof to any person, circumstance, commodity, or class of transactions with respect to any commodity is held invalid, the validity of the remainder of the chapter and the applicability of such provi- sion to other persons, circumstances, commod- ities, and classes of transactions shall not be af- fected thereby. (e) Citation of chapter This chapter may be cited as the ‘‘Agricul- tural Marketing Act.’’ (f) ‘‘Agricultural commodity’’ defined As used in this chapter, the term ‘‘agricultural commodity’’ includes, in addition to other agri- cultural commodities, crude gum (oleoresin) from a living tree, and the following products as processed by the original producer of the crude gum (oleoresin) from which derived: Gum spirits