50 Stat. 909; June 25, 1940, ch. 423, 54 Stat. 571; Dec. 26, 1941, ch. 638, § 2, 55 Stat. 872.) PAYMENTS TO MAINLAND PRODUCERS FOR 1940 CROPS EXCEEDING PROPORTIONATE SHARES Res. Oct. 10, 1940, ch. 839, § 1, 54 Stat. 1092, provided: "That no payment under the Sugar Act of 1937 with respect to the 1940 crop shall be withheld from any producer in the mainland cane-sugar area, because of the marketing (or processing) of sugarcane in excess of the proportionate share for the farm, if the acreage of sugarcane grown on the farm and marketed (or processed) for sugar in the crop year 1940 is not in excess of the acreage of sugarcane for sugar planted prior to January 1, 1940 but payments shall be made only with respect to the proportionate share acreage established for the farm under the provisions of such Act, and the following deductions shall be made from such payments, on account of any acreage of sugarcane grown on the farm and marketed (or processed) for sugar in the crop year 1940 which is in excess of (1) 110 per centum of the proportionate share for the farm, or (2) the proportionate share for the farm plus twenty-five acres, whichever is the greater; for so much of such excess as does not exceed five hundred acres, a deduction of $10 per acre; for so much of such excess as exceeds five hundred acres, a deduction of $20 per acre: Provided, That the foregoing provision shall be effective only if the Secretary determines that the actual production from the 1940 crop acreage shall not exceed the estimated production of the 1940 proportionate share acreage of five hundred and five thousand tons." CROSS REFERENCE Delegation of regulatory functions of Secretary of Agriculture, see section 516a et seq. of Title 5, Executive Departments and Government Officers and Employees. § 1132. Quantity of sugar; time for payments-(a) Amount as determined by Secretary. The amount of sugar or liquid sugar with respect to which payment may be made shall be the amount of sugar or liquid sugar commercially recoverable, as determined by the Secretary, from the sugar beets or sugarcane grown on the farm and marketed (or processed by the producer) not in excess of the proportionate share for the farm, as determined by the Secretary, of the quantity of sugar beets or sugarcane for the extraction of sugar or liquid sugar required to be processed to enable the producing area in which the crop of sugar beets or sugarcane is grown to meet the quota (and provide a normal carryover inventory) estimated by the Secretary for such area for the calendar year during which the larger part of the sugar or liquid sugar from such crop normally would be marketed. (b) Determination of proportionate share of farm. In determining the proportionate shares with respect to a farm, the Secretary may take into consideration the past production on the farm of sugar beets and sugarcane marketed (or processed) for the extration of sugar or liquid sugar and the ability to produce such sugar beets or sugarcane, and the Secretary shall, insofar as practicable, protect the interests of new producers and small producers and the interest of producers who are cash. tenants, share-tenants, adherent planters, or share-croppers. (c) Date payments to commence.-Payments shall be effective with respect to sugar or liquid sugar commercially recoverable from sugar beets and sugarcane grown on a farm and which shall have been marketed (or processed by the producer) on and after July 1, 1937. (Sept. 1, 1937, ch. 898, title III, § 302, 50 Stat. 910.) CROSS REFERENCE Delegation of regulatory functions of Secretary of Agriculture, see section 516a et seq. of Title 5, Executive Departments and Government Officers and Employees. § 1133. Acreage abandonment and crop deficiency. In addition to the amount of sugar or liquid sugar with respect to which payments are authorized under subsection (a) of section 1132 of this title, the Secretary is also authorized to make payments, on the conditions provided in section 1131 of this title, with respect to bona-fide abandonment of planted acreage and crop deficiencies of harvested acreage, resulting from drought, flood, storm, freeze, disease, or insects, which cause such damage to all or a substantial part of the crop of sugar beets or sugarcane in the same factory district (as established by the Secretary), county, parish, municipality, or local producing area, as determined in accordance with regulations issued by the Secretary, on the following quantities of sugar or liquid sugar: (1) With respect to such bona-fide abandonment of each planted acre of sugar beets or sugarcane, one-third of the normal yield of commercially recoverable sugar or liquid sugar per acre for the farm, as determined by the Secretary; and (2) with respect to such crop deficiencies of harvested acreage of sugar beets or sugarcane, the excess 80 per centum of the normal yield of commercially recoverable sugar or liquid sugar for such acreage for the farm, as determined by the Secretary, over the actual yield. (Sept. 1, 1937, ch. 898, title III, § 303, 50 Stat. 911.) § 1134. Computation of payments; recipients thereof (a) Base rates. The amount of the base rate of payment shall be 80 cents per hundred pounds of sugar or liquid sugar, raw value. (b) Farm unit as basis of calculation.-All payments shall be calculated with respect to a farm which, for the purposes of this chapter, shall be a farming unit as determined in accordance with regulations issued by the Secretary, and in making such determinations, the Secretary shall take into consideration the use of common work stock, equipment, labor, management, and other pertinent factors. (c) Total payment.-The total payment with respect to a farm shall be the product of the base rate specified in subsection (a) of this section multiplied by the amount of sugar and liquid sugar, raw value, with respect to which payment is to be made, except that reduction shall be made from such total payment in accordance with the following scale of reductions: (d) Persons entitled to payments.-Application for payment shall be made by, and payments shall be made to, the producer or, in the event of his death, disappearance, or incompetency, his legal representative, or heirs: Provided, however, That all producers on the farm shall signify in the application for payment the per centum of the total payment with respect to the farm to be made to each producer: And provided further, That payments may be made, (1) in the event of the death, disappearance, or incompetency of a producer, to such beneficiary as the producer may designate in the application for payment; (2) to one producer of a group of two or more producers, provided all producers on the farm designate such producer in the application for payment as sole recipient for their benefit of the payment with respect to the farm; or (3) to a person who is not a producer, provided such person controls the land included within the farm with respect to which the application for payment is made and is designated by the sole producer (or all producers) on the farm, as sole recipient for his or their benefit, of the payment with respect to the farm. (Sept. 1, 1937, ch. 898, title III, § 304, 50 Stat. 911; Dec. 26, 1941, ch. 638, § 3, 55 Stat.) § 1135. Cooperation with Secretary by certain agencies In carrying out the provisions of Subchapters II and III of this chapter, the Secretary is authorized to utilize local committees of sugar beet or sugarcane producers, State and county agricultural conservation committees, or the Agricultural Extension Service and other agencies, and the Secretary may prescribe that all or a part of the expenses of such committees may be deducted from the payments herein authorized. (Sept. 1, 1937, ch. 898, title III, § 305, 50 Stat. 912.) § 1136. Finality of Secretary's determinations.-The facts constituting the basis for any payment, or the amount thereof authorized to be made under this subchapter, officially determined in conformity with rules or regulations prescribed by the Secretary, shall be reviewable only by the Secretary, and his determinations with respect thereto shall be final and conclusive. (Sept. 1, 1937, ch. 898, title III, § 306, 50 Stat. 912.) § 1137. Territorial application. This subchapter shall apply to the continental United States, the Territory of Hawaii, Puerto Rico, and the Virgin Islands. (As amended Dec. 26, 1941, ch. 638, § 4 (a), 55 Stat. 873.) SUBCHAPTER V.-GENERAL PROVISIONS § 1171. Powers of Secretary. For the purposes of this chapter, except Subchapter IV, the Secretary shall (a) Appointment of officers and employees.-Appoint and fix the compensation of such officers and employees as he may deem necessary in administering the provisions of this chapter: Provided, That all such officers and employees, except attorneys, economists, experts, and persons in the employ of the Department of Agriculture on the date of the enactment of this chapter, shall be subject to the provisions of the civil-service laws and sections 661-663, 664-673, 674 of Title 5: And provided further, That no salary in excess of $10,000 per annum shall be paid to any such person. (b) Expenditures. Make such expenditures as he deems necessary to carry out the provisions of this chapter, including personal services and rents in the District of Columbia and elsewhere, traveling expenses (including the purchase, maintenance, and repair of passenger-carrying vehicles), supplies and equipment, law books, books of reference, directories, periodicals, and newspapers. (Sept. 1, 1937, ch. 898, title V, § 501, 50 Stat. 915.) § 1172. Financial provisions-(a) Annual appropriation.There is hereby authorized to be appropriated for each fiscal year for the purpose and administration of this chapter, except for allotments in the Philippine Islands as provided in subsection (g) of section 1115, a sum not to exceed $55,000,000. (b) Availability of funds.-All funds available for carrying out this chapter shall be available for allotment to the bureaus and offices of the Department of Agriculture and for transfer to such other agencies of the Federal Government as the Secretary may request to cooperate or assist in carrying out the provisions of this chapter. (Sept. 1, 1937, ch. 898, title V, § 502, 50 Stat. 915.) § 1173. Appropriation for financing Philippine program of economic adjustment.-There is authorized to be appropriated an amount equal to the amount of the taxes collected or accrued under subchapter IV on sugars produced from sugarcane grown in the Commonwealth of the Philippine Islands which are manufactured in or brought into the United States on or prior to June 30, 1947, minus the costs of collecting such taxes and the estimates of amounts of refunds required to be made with respect to such taxes, for transfer to the Government of the Commonwealth of the Philippines for the purpose of financing a program of economic adjustment in the Philippines, the transfer to be made under such terms and conditions as the President of the United States may prescribe: Provided, That no part of the appropriations herein authorized shall be paid directly or indirectly for the production or processing of sugarcane in the Philippine Islands. (As amended Dec. 26, 1941, ch. 638, § 6, 55 Stat. 873; June 20, 1944, ch. 266, § 2, 58 Stat. 284.) AMENDMENTS 1944-Act June 20, 1944, cited to text, amended section by striking out "June 30, 1945" and inserting in lieu thereof "June 30, 1947." 1941-Act Dec. 26, 1941, cited to text, substituted "June 30, 1945" for "June 30, 1942". CROSS REFERENCES Payment of any moneys appropriated after August 7, 1939, by virtue of accruals of excise and import taxes prior to July 4, 1946, into Treasury of the Philippines, see section 1248 (a) of Title 48, Territories and Insular Possessions. Provisions specifying purpose for which appropriations could be used and manner and condition of transfer not applicable to any moneys appropriated on or after January 1, 1939, and to that extent repealed, see section 1248 (c) of Title 48, Territories and Insular Possessions. Proviso restriction, continuance in full force and effect, see section 1248 (c) of Title 48. Territories and Insular Possessions. § 1174. Rules and regulations; violation.-The Secertary is authorized to make such orders or regulations, which shall have the force and effect of law, as may be necessary to carry out the powers vested in him by this chapter. Any person knowingly violating any order or regulation of the Secretary issued pursuant to this chapter shall, upon conviction, be punished by a fine of not more than $100 for each such violation. (Sept. 1, 1937, ch. 898, title V, § 504, 50 Stat. 915.) § 1175. Jurisdiction of courts.-The several district courts of the United States are hereby vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, the provisions of this chapter. If and when the Secretary shall so request, it shall be the duty of the several district attorneys of the United States, in their respective districts, to institute proceedings to enforce the remedies and to collect the penalties and forfeitures provided for in this chapter. The remedies provided for in this chapter shall be in addition to, and not exclusive of, any of the remedies or penalties existing at law or in equity. (Sept. 1, 1937, ch. 898, title V, § 505, 50 Stat. 915.) § 1176. Forfeitures.-Any person who knowingly violates, or attempts to violate, or who knowingly participates or aids in the violation of, any of the provisions or section 1119 of this title, or any person who brings or imports into the continental United States direct-consumption sugar after the quantities specified in section 1117 of this title have been filled, shall forfeit to the United States the sum equal to three times the market value, at the time of the commission of any such, (a) of that quantity of sugar or liquid sugar by which any quota, proration, or allotment is exceeded, or (b) of that quantity brought or imported into the continental United States after the quantities specified in section 1117 of this title have been filled, which forfeiture shall be recoverable in a civil suit brought in the name of the United States. (Sept. 1, 1937, ch. 898, title V, § 506, 50 Stat. 915.) § 1177. Duty to furnish information; penalty. All persons engaged in the manufacturing, marketing, or transportation of sugar or liquid sugar, and having information which the Secretary deems necessary to enable him to administer the provisions of this chapter, shall, upon the request of the Secretary, furnish him with such information. Any person willfully failing or refusing to furnish such information, or furnishing willfully any false information, shall upon conviction be subject to a penalty of not more than $1,000 for each such violation. (Sept. 1, 1937, ch. 898, title V, § 507, 50 Stat. 916.) § 1178. Sugar investments by officials prohibited; penalty. Subject matter of this section, act September 1, 1937, ch. 898, title V, § 508, 50 Stat. 916, is now covered by section 3506 of Title 26, Internal Revenue Code. § 1179. Emergency; powers of President.-Whenever the President finds and proclaims that a national economic or other emergency exists with respect to sugar or liquid sugar, he shall by proclamation suspend the operation of Subchapter II or III above, which he determines, on the basis of such findings, should |