MISCELLANEOUS LAWS

EXPLANATORY NOTE

Included in this part of the compilation are certain miscellaneous laws which govern or affect certain programs and functions of several agencies of the Department of Agriculture.

Under the heading "Authority to Grant Relief" are:

Sec. 326 of the Food and Agriculture Act of 1962, authorizing price support and payments to farmers based on good faith performance; and

The Act of December 20, 1944, authorizing the Secretary of Agriculture to compromise, adjust, or cancel certain debts of farmers to the United States.

Under the heading "Statutes Relating to Import and Export Controls" are sec. 204 of the Agricultural Act of 1956 (Voluntary Agreements), sec. 22 of the Agricultural Adjustment Act of 1933 (Imposition of Import Fees and Limitations), Public Law 88-482 (Limitations on Meat Imports), Public Law 96-39 (Limitations on Cheese and Chocolate Crumb Imports), and the Export Administration Act of 1979.

Under the heading "Declarations of Policy" are Sec. 2 of the Agricultural Act of 1961, sec. 402 of the Food and Agriculture Act of 1962, and sec. 204 of the Agricultural Act of 1954.

Under the heading "consultation, Advice, and Information" are: Secs. 102-104 of the Agricultural Act of 1961 providing for the consultation of the Secretary of Agriculture with farmers and farm organizations on farm legislation; and

Sec. 601 of the Agriculture Act of 1954 providing that the Secretary of Agriculture acquire information regarding the competition and demand for United States agricultural products for interpretation and dissemination in the United States.

The Act of August 27, 1958, provides for humane methods of slaughtering livestock.

The Cargo Preference Act provides for the transportation of a substantial portion of waterborne cargoes in U.S.-flag vessels.

The Agricultural Act of 1970 provides for cost of production studies, wheat and feed grain research, encouraging production of crops of which the United States is a net importer, and assuring supplies of agricultural commodities.

Under the heading "Farm Ownership" are Sec. 102 of the Food and Agriculture Act of 1977 (reaffirming the policy of encouraging family farms) and the Agricultural Foreign Investment Disclosure Act (requiring reports on acquisitions of agricultural land by foreign persons). Under the heading "Energy Conservation and Production" are Sec. 509 of the Rural Development Act of 1972, Sec. 8(b) of the Soil Conservation and Domestic Allotment Act and Sec. 2001 of the Food and Agriculture Act of 1977.

AUTHORITY TO GRANT RELIEF

GOOD FAITH PERFORMANCE AS BASIS FOR PAYMENT

Food and Agriculture Act of 1962-SEC. 326.1 Notwithstanding any other provision of law, performance rendered in good faith in reliance upon action or advice of an authorized representative of the Secretary may be accepted as meeting the requirements of any program under which price support is extended or payments are made to farmers, and price support may be extended or payment may be made therefor in accordance with such action or advice to the extent the Secretary deems it desirable in order to provide fair and equitable treatment. (7 U.S.C. 1339a.)

COMPROMISING, ADJUSTING, OR CANCELING DEBTS

ACT OF DECEMBER 20, 19442

The Secretary of Agriculture, hereinafter referred to as the Secretary, is hereby authorized and directed to compromise, adjust, or cancel indebtedness arising from loans and payments made or credit extended to farmers under the provisions of the several Acts of Congress or programs enumerated in section 2: Provided, That the Secretary finds, after such investigation as he deems sufficient to establish the facts, that (1) said indebtedness has been due and payable for five years or more; (2) the debtor is unable to pay said indebtedness in full and has no reasonable prospect of being able to do so; (3) the debtor has acted in good faith in an effort to meet his obligation; and (4) the principal amount of said indebtedness is not in excess of $1,000. The Secretary is hereby further authorized at his discretion to cancel and discharge indebtedness arising under said Acts of Congress or programs when the amount of said indebtedness is less than $10, or the debtor is deceased and there is no reasonable prospect of recovering from his estate, or his whereabouts has remained unknown for two years and there is no reasonable prospect of obtaining collection, or he has been discharged of the indebtedness in any proceeding under the Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States." The compromises, adjustments, or cancellations authorized by this section shall be effected through such agencies, upon such terms and conditions, and subject to such regulations, as the Secretary may prescribe, and the Secretary may delegate the exercise of any such powers and functions to such officers or employees of the Department of Agriculture as he may designate. (12 U.S.Č. 1150.)

SEC. 2. The provisions of this Act shall apply to any indebtedness of farmers arising from loans or payments made or credit extended to them under any of the following Acts or programs: (a) July 1, 1918 (40 Stat. 635); March 3, 1921 (41 Stat. 1347); March 20, 1922 (42 Stat. 467); April 26, 1924 (43 Stat. 110); February 25, 1927 (44 Stat. 1245); February 28, 1927 (44 Stat., part II, 1251); February 25, 1929 (45 Stat. 1306), as amended May 17, 1929 (46 Stat. 3); March 3, 1930 (46 Stat. 78-79),

1 P. L. 87-703, 76 Stat. 631, September 27, 1962, as amended by P.L. 88-26, 77 Stat. 47, May 20, 1963, and P.L. 89-321, 79 Stat. 1192, November 3, 1965. 2 P.L. 78-518, 58 Stat. 836.

as amended April 24, 1930 (46 Stat. 254); December 20, 1930 (46 Stat. 1032), as amended February 14, 1931 (46 Stat. 1160); February 23, 1931 (46 Stat. 1276); January 22, 1932 (47 Stat. 5); March 3, 1932 (47 Stat. 60); February 4, 1933 (47 Stat. 795); February 23, 1934 (48 Stat. 354); June 19, 1934 (48 Stat. 1056); February 20, 1935 (49 Stat. 28); March 21, 1935 (49 Stat. 50); April 8, 1935 (49 Stat. 115); Executive Order No. 7305; January 29, 1937 (50 Stat. 5); and February 4, 1938 (52 Stat. 27); (b) Agricultural Adjustment Act (of 1933); Bankhead Cotton Act of April 21, 1934, on account of the several cotton tax-exemption certificate pools; Jones-Connally Cattle Act of April 7, 1934; Emergency Appropriation Act, fiscal year 1935, approved June 19, 1934; Kerr Tobacco Act of June 28, 1934, and Public Resolution Numbered 76, approved March 14, 1936; section 32 of the Act of August 24, 1935, and related legislation; Supplemental Appropriation Act, fiscal year 1936; sections 7 to 17 of the Soil Conservation and Domestic Allotment Act; Sugar Act of 1937; sections 303 and 381(a) of the Agricultural Adjustment Act of 1938 and related or subsequent legislation authorizing parity or price adjustment payments; title IV and title V of the Agricultural Adjustment Act of 1938 and related legislation; any amendment to any of the foregoing Acts heretofore and any other Act of Congress heretofore enacted authorizing payments to farmers under programs administered through the Agricultural Adjustment Agency; (c) Loans made by or through the Resettlement Administration or the Farm Security Administration out of funds appropriated or made available by or pursuant to the following Acts: April 8, 1935 (49 Stat. 115); June 22, 1936 (49 Stat. 1608); February 9, 1937 (50 Stat. 8); June 29, 1937 (50 Stat. 352); The Bankhead-Jones Farm Tenant Act of July 22, 1937 (50 Stat. 522 et seq.); the Water Facilities Act of August 28, 1937 (50 Stat. 869 et seq.); March 2, 1938 (52 Stat. 83, Public Resolution Numbered 80); June 21, 1938 (52 Stat. 809); June 30, 1939 (53 Stat. 927); June 26, 1940 (Public Resolution Numbered 88); flood-restoration loans, Second Deficiency Appropriation Act, 1943 (57 Stat. 537, 542); and subsequent legislation appropriating or making available funds for such loans; commodity loan, purchase, sale, and other programs of the Commodity Credit Corporation; and crop-insurance programs formulated pursuant to title V of the Agricultural Adjustment Act of 1938 (the Federal Crop Insurance Act) and any amendment or supplement thereto heretofore or hereafter enacted. This Act shall also apply to any indebtedness of farmers evidenced by notes or accounts receivable, title to which has been acquired in the liquidation of loans to cooperative associations made under the provisions of the Act of June 15, 1929 (46 Stat. 11). (12 U.S.C. 1150a.)

SEC. 3. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amount as may be necessary to enable the Secretary to carry out the provisions of this Act, and the current and subsequent appropriations to enable the Secretary to administer the respective Acts of Congress or programs to which the aforesaid payment or loans or extensions of credit relate shall also be available for the administrative expenses of carrying out this Act. (12 U.S.C. 1150b.)

SEC. 4. [Repealed, effective September 1, 1948, by 62 Stat. 862. Provisions of this section are now covered by sections 217 and 1026 of Title 18, U.S.C.]