7 U.S.C. § 612 — Appropriation; use of revenues; adminis-

Page 485 TITLE 7—AGRICULTURE § 612 Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub.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. VALIDITY OF SECTION AFFIRMED Act June 3, 1937, § 1, affirmed, validated, and reen- acted without change the provisions of subsecs. (a), (b) (2), (c), and (f) to (i) of this section, except for the amendments to subsecs. (c) and (f) by section 2 of the act. See note set out under section 601 of this title. APPROPRIATIONS FOR REFUNDS AND PAYMENTS OF PROCESSING AND RELATED TAXES AND LIMITATIONS THEREON Acts June 25, 1938, ch. 681, 52 Stat. 1150; May 6, 1939, ch. 115, § 1, 53 Stat. 661, 662; Feb. 12, 1940, ch. 28, § 1, 54 Stat. 36; Mar. 25, 1940, ch. 71, title I, 54 Stat. 61; May 31, 1941, ch. 156, title I, § 1, 55 Stat. 218; Mar. 10, 1942, ch. 178, title I, § 1, 56 Stat. 156; June 30, 1943, ch. 179, title I, 57 Stat. 257; Apr. 22, 1944, ch. 175, title I, § 1, 58 Stat. 201; Apr. 24, 1945, ch. 92, title I, 59 Stat. 62; July 20, 1946, ch. 588, title I, 60 Stat. 574. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. Executive and administrative functions of Federal Trade Commission, with certain reservations, trans- ferred to Chairman of Commission by 1950 Reorg. Plan No. 8, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Organiza- tion and Employees. 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, transferred functions of Agricultural Adjustment Ad- ministration to Secretary of Agriculture. In his letter to Congress, the President stated that purpose of this transfer was to permit Secretary of Agriculture to con- tinue consolidation already effected in Production and Marketing Administration. By temporary Executive Orders 9069 and 9577, and Ex. Ord. No. 9280, Dec. 5, 1942, 7 F.R. 10, 179, and Ex. Ord. No. 9322, Mar. 26, 1943, 8 F.R. 3807, as amended by Ex. Ord. No. 9334, Apr. 19, 1943, 8 F.R. 5423, the Agricultural Adjustment Administration had been successively consolidated into Agricultural Conservation and Adjustment Administration, Food Production Administration, and War Food Administra- tion, which was terminated and its functions trans- ferred to Secretary of Agriculture by said Ex. Ord. 9577. Secretary of Agriculture consolidated functions of Ag- ricultural Adjustment Administration into Production and Marketing Administration by Memorandum 1118, Aug. 18, 1945. EX. ORD. NO. 10199. REGULATIONS WITHOUT APPROVAL OF PRESIDENT Ex. Ord. No. 10199, Dec. 21, 1950, 15 F.R. 9217, provided: By virtue of the authority vested in me by the act of August 8, 1950, Public Law 673, 81st Congress [sections 301 to 303 of Title 3] I hereby authorize the Secretary of Agriculture to make without the approval of the Presi- dent such regulations with the force and effect of law as may be necessary to carry out the powers vested in him by the Agricultural Marketing Agreement Act of 1937, as amended [this chapter]. HARRY S TRUMAN. § 611. ‘‘Basic agricultural commodity’’ defined; exclusion of commodities As used in this chapter, the term ‘‘basic agri- cultural commodity’’ means wheat, rye, flax, barley, cotton, field corn, grain sorghums, hogs, cattle, rice, potatoes, tobacco, sugar beets and sugarcane, peanuts, and milk and its products, and any regional or market classification, type, or grade thereof; but the Secretary of Agri- culture shall exclude from the operation of the provisions of this chapter, during any period, any such commodity or classification, type, or grade thereof if he finds, upon investigation at any time and after due notice and opportunity for hearing to interested parties, that the condi- tions of production, marketing, and consump- tion are such that during such period this chap- ter can not be effectively administered to the end of effectuating the declared policy with re- spect to such commodity or classification, type, or grade thereof. As used in this chapter, the term ‘‘potatoes’’ means all varieties of potatoes included in the species Solanum tuberosum. (May 12, 1933, ch. 25, title I, § 11, 48 Stat. 38; Apr. 7, 1934, ch. 103, §§ 1, 3(b), 4, 5, 48 Stat. 528; May 9, 1934, ch. 263, § 1, 48 Stat. 670; Aug. 24, 1935, ch. 641, § 61, 49 Stat. 782.) Editorial Notes AMENDMENTS 1935—Act Aug. 24, 1935, inserted ‘‘, potatoes’’ after ‘‘rice’’ and last sentence defining potatoes. 1934—Act May 9, 1934, inserted ‘‘, sugar beets and sug- arcane’’ after ‘‘tobacco’’. Act Apr. 7, 1934, inserted ‘‘, cattle’’ after ‘‘hogs’’, ‘‘, peanuts’’ after ‘‘tobacco’’, ‘‘, rye, flax, barley’’ after ‘‘wheat’’, and ‘‘, grain sorghums’’ after ‘‘field corn’’. § 612. Appropriation; use of revenues; adminis- trative expenses (a) There is appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $100,000,000 to be available to the Sec- retary of Agriculture for administrative ex- penses under this chapter, and for payments au- thorized to be made under section 608 of this title. Such sum shall remain available until ex- pended. To enable the Secretary of Agriculture to fi- nance under such terms and conditions as he may prescribe, surplus reductions with respect to the dairy- and beef-cattle industries, and to carry out any of the purposes described in sub- sections (a) and (b) of this section and to support and balance the markets for the dairy and beef cattle industries, there is authorized to be ap- propriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000,000: Provided, That not more than 60 per centum of such amount shall be used for either of such industries. (b) In addition to the foregoing, for the pur- pose of effectuating the declared policy of this chapter, a sum equal to the proceeds derived from all taxes imposed under this chapter is ap- propriated to be available to the Secretary of Agriculture for (1) the acquisition of any agri- cultural commodity pledged as security for any loan made by any Federal agency, which loan was conditioned upon the borrower agreeing or having agreed to cooperate with a program of production adjustment or marketing adjustment adopted under the authority of this chapter, and (2) the following purposes under this chapter: Page 486 TITLE 7—AGRICULTURE §§ 612a, 612b Administrative expenses, payments authorized to be made under section 608 of this title, and re- funds on taxes. The Secretary of Agriculture and the Secretary of the Treasury shall jointly esti- mate from time to time the amounts, in addi- tion to any money available under subsection (a), currently required for such purposes; and the Secretary of the Treasury shall, out of any money in the Treasury not otherwise appro- priated, advance to the Secretary of Agriculture the amounts so estimated. The amount of any such advance shall be deducted from such tax proceeds as shall subsequently become available under this subsection. (c) The administrative expenses provided for under this section shall include, among others, expenditures for personal services and rent in the District of Columbia and elsewhere, for law books and books of reference, for contract steno- graphic reporting services, and for printing and paper in addition to allotments under the exist- ing law. The Secretary of Agriculture shall transfer to the Treasury Department, and is au- thorized to transfer to other agencies, out of funds available for administrative expenses under this chapter, such sums as are required to pay administrative expenses incurred and re- funds made by such department or agencies in the administration of this chapter. (May 12, 1933, ch. 25, title I, § 12, 48 Stat. 38; Apr. 7, 1934, ch. 103, § 2, 48 Stat. 528; Aug. 24, 1935, ch. 641, §§ 3, 19, 49 Stat. 753, 768; June 3, 1937, ch. 296, §§ 1, 2(j), 50 Stat. 246, 248.) Editorial Notes AMENDMENTS 1937—Subsec. (a). Act June 3, 1937, § 2(j), struck out ‘‘and production adjustments’’ after ‘‘surplus reduc- tions’’ in second par. 1935—Subsec. (a). Act Aug. 24, 1935, § 19, substituted ‘‘payments authorized to be made under section 608’’ for ‘‘rental and benefit payments made with respect to reduction in acreage or reduction in production for market under part 2 of this title’’. Subsec. (b). Act Aug. 24, 1935, § 3, amended subsec. (b) generally. 1934—Subsec. (a). Act Apr. 7, 1934, added second par. Statutory Notes and Related Subsidiaries VALIDITY OF SECTION AFFIRMED Act June 3, 1937, § 1, affirmed and validated, and reen- acted without change the provisions of subsecs. (a) and (c) of this section, except for the amendment to subsec. (a) by section 2 of the act. See note set out under sec- tion 601 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 prior to January 6, 1936, under Agricultural Adjustment Act of 1933 or amendments thereto [this chapter] or under the appropriation ‘‘Payments for Agricultural Adjust- ment’’ in act Feb. 11, 1936, ch. 49, 49 Stat. 1116, upon cer- tificate of Secretary of Agriculture that such payments were made in good faith, and also provided that no ac- tion 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 circumstances of the case, such attempt to recover them would be inadvisable or inequitable. Executive Documents EX. ORD. NO. 10914. EXPANDED PROGRAM OF FOOD DISTRIBUTION TO NEEDY FAMILIES Ex. Ord. No. 10914, Jan. 21, 1961, 26 F.R. 639, provided: Whereas one of the most important and urgent prob- lems confronting this Nation today is the development of a positive food and nutrition program for all Ameri- cans; Whereas I have received the report of the Task Force on Area Redevelopment under the chairmanship of Sen- ator Douglas, in which special emphasis is placed upon the need for additional food to supplement the diets of needy persons in areas of chronic unemployment; Whereas I am also advised that there are now almost 7 million persons receiving some form of public assist- ance, that 4.5 million persons are reported as being un- employed and that a substantial number of needy per- sons are not recipients in the present food distribution program; Whereas the variety of foods currently being made available is limited and its nutritional content inad- equate; and Whereas despite an abundance of food, farm income has been in a period of decline, and a strengthening of farm prices is desirable. NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: The Secretary of Agriculture shall take immediate steps to expand and improve the program of food dis- tribution throughout the United States, utilizing funds and existing statutory authority available to him, in- cluding section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612) [this section], so as to make available for distribution, through appropriate State and local agencies, to all needy families a greater vari- ety and quantity of food out of our agricultural abun- dance. JOHN F. KENNEDY. §§ 612a, 612b. Omitted Editorial Notes CODIFICATION Section 612a, act Apr. 7, 1934, ch. 103, § 6, 48 Stat. 528; 1940 Reorg. Plan No. III, § 5, 5 F.R. 2108, 54 Stat. 1232, au- thorized appropriation of $50,000,000 for purpose of dairy and beef products for distribution for relief purposes, and for elimination of diseased cattle. Section 612b, act Aug. 24, 1935, ch. 641, § 37, 49 Stat. 775, provided appropriations for elimination of disease in dairy and beef cattle to remain available until June 30, 1936. § 612c. Appropriation to encourage exportation and domestic consumption of agricultural products There is appropriated for each fiscal year be- ginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be main- tained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encour- age the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to pro- ducers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domes-