(May 12, 1933, ch. 25, title I, § 10,48 Stat. 37; June 16, 1933, ch. 98, title VIII, § 86,48 Stat. 273; May 9, 1934, ch. 263, § 7,48 Stat. 675; Aug. 24, 1935, ch. 641, §§ 16–18,49 Stat. 767; Aug. 26, 1935, ch. 685, 49 Stat. 801; June 22, 1936, ch. 690, § 601(a),49 Stat. 1739; June 3, 1937, ch. 296, §§ 1,
(g)–(i), 50 Stat. 246, 248; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7817, 60 Stat. 1352; Aug. 1, 1947, ch. 425, § 3,61 Stat. 709; Oct. 28, 1949, ch. 782, title XI, § 1106(a),63 Stat. 972.)
References in Text
Section 8 of title II of the Act entitled “An Act to maintain the credit of the United States Government,”, referred to in subsec. (a), means act Mar. 20, 1933, ch. 3, title II, § 8,48 Stat. 15
, which is not classified to the Code.
For definition of Canal Zone, referred to in subsec. (f), see section
, Foreign Relations and Intercourse.
In subsec. (a), “chapter
” substituted for “the Classification Act of 1949” on authority of Pub. L. 89–554
, § 7(b),Sept. 6, 1966, 80 Stat. 631
, the first section of which enacted Title 5, Government Organization and Employees.
Provisions of subsec. (a), which authorized appointment of officers and employees without regard to the civil-service laws and regulations and which limited the maximum salary payable to any officer or employee to not more than $10,000 per annum, were omitted from the Code as obsolete and superseded. Such appointments are now subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to act Nov. 26, 1940, ch. 919, title I, § 1,54 Stat. 1211
, which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under section
The salary limitation was superseded by the Classification Act of 1949.
References to the Philippine Islands in subsec. (f) of this section were omitted from the Code as obsolete in view of the independence of the Philippine Islands, proclaimed by the President of the United States in Proc. No. 2695, which is set out as a note under section
, Foreign Relations and Intercourse.
1949—Subsec. (a). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.
1947—Subsec. (b)(2). Act Aug. 1, 1947, among other changes inserted subpar. (i), designated former first and second sentences of subsection as subpar. (ii) and inserted last sentence relating to the payment of assessments for the maintenance and functioning of such authority thereto, and designated former third and fourth sentences of subsection as subpar. (iii).
1937—Subsec. (c). Act June 3, 1937, § 2(g), struck out last clause of first sentence which related to regulations establishing conversion factors for any commodity and article processed therefrom to determine the amount of tax imposed or refunds to be made with respect thereto.
Subsec. (f). Act June 3, 1937, § 2(b), struck out sentence which authorized the President to attach by executive order any or all possessions to any internal-revenue district for the purpose of carrying out provisions with respect to the collection of taxes.
Subsec. (j). Act June 3, 1937, § 2(i), added subsec. (j).
1936—Subsec. (d). Act June 22, 1936, reenacted subsec. (d) for refund purposes.
1935—Subsec. (b). Act Aug. 24, 1935, § 16, among other changes inserted “The Secretary, in the administration of this chapter, shall accord such recognition and encouragement to producer-owned and producer-controlled cooperative associations as will be in harmony with the policy toward cooperative associations set forth in existing Acts of Congress, and as will tend to promote efficient methods of marketing and distribution.
“(2) Each order issued by the Secretary under this chapter shall provide that each handler subject thereto shall pay to any authority or agency established under such order such handler’s pro rata share (as approved by the Secretary) of such expenses as the Secretary may find will necessarily be incurred by such authority or agency, during any period specified by him, for the maintenance and functioning of such authority or agency, other than expenses incurred in receiving, handling, holding, or disposing of any quantity of a commodity received, handled, held, or disposed of by such authority or agency for the benefit or account of persons other than handlers subject to such order. The pro rata share of the expenses payable by a cooperative association of producers shall be computed on the basis of the quantity of the agricultural commodity or product thereof covered by such order which is distributed, processed, or shipped by such cooperative association of producers. Any such authority or agency may maintain in its own name, or in the names of its members, a suit against any handler subject to an order for the collection of such handler’s pro rata share of expenses. The several District Courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy.”
Subsec. (e). Act Aug. 24, 1935, § 17, struck out “rental or benefit payment” and inserted in lieu thereof “payment authorized to be made under section
Subsec. (f). Act Aug. 26, 1935, inserted sentence authorizing the President to attach by executive order any or all possessions to any internal-revenue district for the purpose of carrying out provisions with respect to the collection of taxes.
Subsec. (i). Act Aug. 24, 1935, § 18, added subsec. (i).
1934—Subsec. (f). Act May 9, 1934, inserted exception provision.
1933—Subsec. (a). Act June 16, 1933, inserted “And provided further, That the State Administrator appointed to administer this chapter in each State shall be appointed by the President, by and with the advice and consent of the Senate” at end of first sentence.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554
, Sept. 6, 1966, § 8,80 Stat. 632
Transfer of Functions
Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18
, 67 Stat. 633
, set out as a note under section
of this title.
Executive and administrative functions of Federal Trade Commission, with certain reservations, transferred to Chairman of Commission by 1950 Reorg. Plan No. 8, § 1, eff. May 24, 1950, 15
, 64 Stat. 1264
, set out in the Appendix to Title 5, Government Organization and Employees.
1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11
, 60 Stat. 1100
, set out in the Appendix to Title 5, transferred functions of Agricultural Adjustment Administration to Secretary of Agriculture. In his letter to Congress, the President stated that purpose of this transfer was to permit Secretary of Agriculture to continue consolidation already effected in Production and Marketing Administration. By temporary Executive Orders 9069 and 9577, and Ex. Ord. No. 9280, Dec. 5, 1942, 7
, 179, and Ex. Ord. No. 9322, Mar. 26, 1943, 8
, as amended by Ex. Ord. No. 9334, Apr. 19, 1943, 8
, the Agricultural Adjustment Administration had been successively consolidated into Agricultural Conservation and Adjustment Administration, Food Production Administration, and War Food Administration, which was terminated and its functions transferred to Secretary of Agriculture by said Ex. Ord. 9577. Secretary of Agriculture consolidated functions of Agricultural Adjustment Administration into Production and Marketing Administration by Memorandum 1118, Aug. 18, 1945.
Validity of Section Affirmed
Act June 3, 1937, § 1, affirmed, validated, and reenacted 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
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
Ex. Ord. No. 10199. Regulations Without Approval of President
Ex. Ord. No. 10199, Dec. 21, 1950, 15
Harry S Truman.
By virtue of the authority vested in me by the act of August 8, 1950, Public Law 673, 81st Congress [sections
] I hereby authorize the Secretary of Agriculture to make without the approval of the President 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].