7 U.S.C. § 1392 — Administrative expenses; posting names

Page 699 TITLE 7—AGRICULTURE § 1392 $50,000,000, as he estimates will be required dur- ing such fiscal year, to make crop insurance pre- mium advances and to make advances pursuant to the applicable provisions of sections 590h and 590l of title 16, in connection with programs ap- plicable 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 trans- ferred to the current appropriation available for carrying out sections 590g, 590h, 590i, and 590j to 590q of title 16 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 Com- modity Credit Corporation for a comparable pe- riod, during the succeeding fiscal year from the appropriation available for that year or from any unobligated balance of the appropriation for any other year. (Feb. 16, 1938, ch. 30, title III, § 391, 52 Stat. 69; July 2, 1940, ch. 521, § 8, 54 Stat. 728.) Editorial Notes AMENDMENTS 1940—Subsec. (c). Act July 2, 1940, added subsec. (c). Executive Documents TRANSFER OF FUNCTIONS Administration of program of Commodity Credit Cor- poration transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the Appendix to Title 5, Govern- ment Organization and Employees. EXCEPTIONS FROM TRANSFER OF FUNCTIONS Functions of Corporations of Department of Agri- culture, boards of directors and officers of such cor- porations; Advisory Board of Commodity Credit Cor- poration; and Farm Credit Administration or any agen- cy, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of offi- cers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. § 1392. Administrative expenses; posting names and compensation of local employees (a) The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this chapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; lawbooks, books of reference, directories, periodicals, and newspapers; and the preparation and display of exhibits, including such displays at community, county, State, interstate, and international fairs within the United States. The Secretary of the Treasury is authorized and directed upon the request of the Secretary to establish one or more separate appropriation accounts into which there shall be transferred from the respec- tive funds available for the purposes of this chapter and chapter 3B of title 16, in connection with which personnel or other facilities of the Agricultural Adjustment Administration are utilized, proportionate amounts estimated by the Secretary to be required by the Agricultural Adjustment Administration for administrative expenses in carrying out or cooperating in car- rying out any of the provisions of this chapter and chapter 3B of title 16. (b) In the administration of this subchapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, the aggregate amount expended in any fiscal year, beginning with the fiscal year end- ing June 30, 1942, for administrative expenses in the District of Columbia, including regional of- fices, and in the several States (not including the expenses of county and local committees) shall not exceed 3 per centum of the total amount available for such fiscal year for car- rying out the purposes of this subchapter and chapter 3B of title 16, unless otherwise provided by appropriation or other law. In the adminis- tration of section 612c of this title, and sections 601, 602, 608a, 608b, 608c, 608d, 610, 612, 614, 624, and 671 to 673 of this title, the aggregate amount expended in any fiscal year beginning with the fiscal year ending June 30, 1942, for administra- tive expenses in the District of Columbia, in- cluding regional offices, and in the several States (not including the expenses of county and local committees) shall not exceed 4 per centum of the total amount available for such fiscal year for carrying out the purposes of said sec- tions, unless otherwise provided by appropria- tion or other law. In the event any administra- tive expenses of any county or local committee are deducted in any fiscal year, beginning with the fiscal year ending June 30, 1939, from chapter 3B of title 16 payments, parity payments, or loans, each farmer receiving benefits under such provisions shall be apprised of the amount or percentage deducted from such benefit payment or loan on account of such administrative ex- penses. The names and addresses of the members and employees of any county or local com- mittee, and the amount of such compensation received by each of them, shall be posted annu- ally in a conspicuous place in the area within which they are employed. (Feb. 16, 1938, ch. 30, title III, § 392, 52 Stat. 69; Jan. 31, 1942, ch. 32, 56 Stat. 41; Aug. 3, 1956, ch. 950, § 7, 70 Stat. 1034.) Editorial Notes REFERENCES IN TEXT Chapter 3B [§ 590a et seq.] of title 16, referred to in text, was in the original a reference to the Soil Con- servation and Domestic Allotment Act. AMENDMENTS 1956—Subsec. (b). Act Aug. 3, 1956, changed the period to a comma at end of first and second sentences and in- serted ‘‘unless otherwise provided by appropriation or other law’’. 1942—Subsecs. (a), (b). Act Jan. 31, 1942, among other changes, inserted reference to sections of title 16, after ‘‘this chapter’’ and ‘‘this subchapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1942 AMENDMENT Act Jan. 31, 1942, provided that the amendments made by that act are effective for the fiscal year 1942 and subsequent fiscal years. Page 700 TITLE 7—AGRICULTURE § 1393 EXPENSES OF AN ADVISORY COMMITTEE ON SOIL AND WATER CONSERVATION Act Aug. 3, 1956, ch. 934, 70 Stat. 989, provided: ‘‘That the Secretary of Agriculture is authorized to pay ex- penses of an Advisory Committee on Soil and Water Conservation and related matters, but such Committee members (other than ex officio members) shall not be deemed to be employees of the United States and shall not receive compensation.’’ TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organiza- tion and Employees. Executive Documents TRANSFER OF FUNCTIONS Agricultural Adjustment Administration consoli- dated into Production and Marketing Administration by 1946 Reorg. Plan No. 3, eff. July 4, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Govern- ment Organization and Employees. See note set out under section 610 of this title. § 1393. Allotment of appropriations All funds for carrying out the provisions of this chapter shall be available for allotment to bureaus and offices of the Department, and for transfer to such other agencies of the Federal Government, and to such State agencies, as the Secretary may request to cooperate or assist in carrying out the provisions of this chapter. (Feb. 16, 1938, ch. 30, title III, § 393, 52 Stat. 70.) SUBCHAPTER III—COTTON POOL PARTICIPATION TRUST CERTIFICATES §§ 1401 to 1407. Omitted Editorial Notes CODIFICATION Section 1401, act Feb. 16, 1938, ch. 30, title IV, § 401, 52 Stat. 70, authorized an appropriation of $1,800,000 to ac- complish the purposes declared in former provisions of this subchapter and provided for payments by Sec- retary of Treasury upon order of Secretary of Agri- culture. Section 1402, act Feb. 16, 1938, ch. 30, title IV, § 402, 52 Stat. 70, provided for deposit of appropriation to credit of the Secretary of Agriculture for disbursement for purposes stated in former provisions of this subchapter. Section 1403, acts Feb. 16, 1938, ch. 30, title IV, § 403, 52 Stat. 70; Apr. 7, 1938, ch. 107, § 13, 52 Stat. 204, pro- vided allotment of funds to manager of cotton pool for purchase of pool participation trust certificates, to be tendered by lawful holder and owner thereof on or be- fore May 1, 1938, at rate of $1 per five-hundred-pound bale, payment of costs and expenses incident to such purchases and covering into the Treasury as miscella- neous receipts balance remaining at expiration of pur- chase period. Section 1404, acts Feb. 16, 1938, ch. 30, title IV, § 404, 52 Stat. 71; Apr. 7, 1938, ch. 107, § 14, 52 Stat. 204, ex- tended the time limit for purchase of outstanding pool participation certificates to and including July 31, 1938, authorized issuance of rules and regulations and pro- hibited purchases from other than record holders on or before May 1, 1938. Section 1404a, acts June 16, 1938, ch. 464, title I, 52 Stat. 747; Apr. 5, 1939, ch. 44, 53 Stat. 572, extended the time limit for purchase of certificates to and including Sept. 30, 1939 and made the date of May 1, 1938 inappli- cable. Section 1404b, act June 16, 1938, ch. 464, title I, 52 Stat. 747, provided for issuance of regulations for pay- ments on participation trust certificates in case of death, incompetence or disappearance of payee. Section 1405, act Feb. 16, 1938, ch. 30, title IV, § 405, 52 Stat. 71, authorized continuance of 1933 cotton pro- ducers pool as long as necessary to effectuate purposes of former provisions of this subchapter and use of funds for payment of expenses. Section 1406, act Feb. 16, 1938, ch. 30, title IV, § 406, 52 Stat. 71, prohibited purchase of certificates after expi- ration of time limit. Section 1407, acts Feb. 16, 1938, ch. 30, title IV, § 407, 52 Stat. 71; Apr. 7, 1938, ch. 107, § 15, 52 Stat. 204, pro- vided for payment by assignee of certificate transferred subsequent to May 1, 1937, limited to the purchase price paid by the assignee, with interest at rate of four per centum from date of purchase, not exceeding an amount of $1 per bale, payment to be based upon affi- davit of assignee. Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SUBCHAPTER Subchapter, with the exception of former sections 1404a and 1404b, inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inap- plicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(a)(4) of this title. Subchapter, with the exception of former sections 1404a and 1404b, inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inappli- cable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(I) of this title. SETTLEMENT OF CERTAIN CLAIMS AND ACCOUNTS Act June 5, 1942, ch. 349, §§ 2, 3, 56 Stat. 324, authorized Comptroller General to relieve disbursing and certi- fying officers from liability for payments made under former provisions of this subchapter upon certificate of Secretary of Agriculture that such payments were made in good faith, and also provided that no action should be taken to recover such excess payments, if the Secretary of Agriculture should further certify that, in view of the good faith of the parties or other cir- cumstances of the case, such attempt to recover them would be inadvisable or inequitable. CHAPTER 35A—PRICE SUPPORT OF AGRICULTURAL COMMODITIES SUBCHAPTER I—GENERAL PROVISIONS Sec. 1421. Price support. 1421a. Financial impact study. 1421b. Costs of production. 1421c. Repealed. 1421d. Commodity reports. 1422. Increase of price support levels. 1423. Adjustments of support prices. 1424. Utilization of services and facilities of Commodity Credit Corporation. 1425. Producer rights and liabilities. 1425a. Producers of honey; loan obligations and liabilities. 1426. Repealed. 1427. Commodity Credit Corporation sales price restrictions. 1427–1. Quality requirements for Commodity Credit Corporation owned grain. 1427a. Reserve inventories for alleviation of distress of natural disaster. 1428. Definitions. 1429. Determinations of Secretary as final and conclusive.