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centum of said quotas, as the Secretary shall determine to be necessary to establish and maintain normal world stocks of cigarfiller tobacco produced in the continental United States and Puerto Rico and otherwise to effectuate the purposes of sections 515515k of this title.
(e) Issuance of marking certificates.—The Secretary shall, under such terms and conditions and in accordance with such methods as may be established in regulations prescribed by him, issue, to buyers or handlers of tobacco from any farm in Puerto Rico, marketing certificates for an amount of tobacco equal to the marketing quota established for such farm, and, for any tobacco marketed in excess of such quota for such farm, sell, to the buyer or handlers of such excess tobacco, marketing certificates for a charge equal to one-third of the current market value of such tobacco, and the Secretary may require the buyer or handler of such excess tobacco to deduct the charge for marketing certificates from the price or proceeds of or advances on such tobacco.
(f) Payments for production deficits due to adverse conditions. -From the proceeds received from the sale of marketing certificates pursuant to paragraph (e) of this section, the Secretary shall make payments to the producers of tobacco on farms in Puerto Rico from which the sales of tobacco, because of weather or diseases or loss by fire affecting the tobacco crops thereon adversely during any crop year, are less than the marketing quotas for such farms for such crop year. Such payments shall be at a rate per pound of such deficit as shall be determined by dividing the funds remaining after deduction of such amount as the Secretary estimates to be necessary for the payment of administrative expenses incurred in administering the provisions of this section by the total number of pounds by which the sales of tobacco from all such farms fall below the marketing quotas for such farms.
(g) Prohibition of sale, etc, without certificate.-The sale, marketing, purchase, or transportation of any cigar-filler tobacco produced, sold, or marketed in Puerto Rico during any period of time when this section shall be in effect is hereby prohibited unless a marketing certificate has been issued for such tobacco by the Secretary pursuant to the provisions of paragraph (e) of this section. (Apr. 25, 1936, ch. 249, § 9, 49 Stat. 1241.)
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.
§ 515i. Disposition of receipts under section 515h.-Any receipts by the Secretary under section 515h of this title shall be held in a separate fund and used by the Secretary for the purpose of paying administrative expenses and expenditures incurred or made in connection with said section. (Apr. 25, 1936, ch. 249, $ 10, 49 Stat. 1242.)
8515j. Separability of provisions. If any provision of sections 515-515k of this title, or the application thereof to any person or circumstance, shall be held invalid, the validity of the remainder of said sections and the application of such provision to other persons or circumstances shall not be affected thereby. (Apr. 25, 1936, ch. 249, § 11, 49 Stat. 1242.)
8 515k. Rules and regulations.-The Secretary shall prescribe such rules and regulations as he may deem necessary to carry out the provisions of sections 515-515k of this title. (Apr. 25, 1936, ch. 249, § 12, 49 Stat. 1242.)
$ 516. Exportation of seeds or plants; permits. It shall be unlawful to export any tobacco seed and/or live tobacco plants from the United States or any Territory subject to the jurisdiction thereof, to any foreign country, port, or place, unless such exportation and/or transportation is in pursuance of a written permit granted by the Secretary of Agriculture. Such permits shall be granted by the Secretary only upon application therefor and after proof satisfactory to him that such seed or plants are to be used for experimental purposes only. (June 5, 1940, ch. 232, § 1, 54 Stat. 231.)
APPROVAL OF PRESIDENT Act June 5, 1940, cited to text, was received by the President May 23, 1940, and became law on June 5 under art. 1, § 7, ch. 2, of the Constitution upon his failure to return it to Congress within 10 days, Sundays excepted.
§ 517. Same; penalties.—Any persons violating any of the provisions of this section or section 516 of this title shall be guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (June 5, 1940, ch. 232, $ 2, 54 Stat. 231.)
EFFECTIVE DATE See note under section 516 of this title.
Chapter 22.–AGRICULTURAL MARKETING ACT 88 521-535. Agricultural Marketing Act.
Sections 521-535 have become sections 1141-1141j of Title 12, Banks and Banking. Chapter 23.-FOREIGN AGRICULTURAL SERVICE
TRANSFER OF FUNCTIONS Foreign Agricultural Service was transferred to Department of State and consolidated with Foreign Service, and functions of Secretary of Agriculture with respect thereto (other than functions pertaining to activities in the United States and to compilation, publication, and dissemination of information) were transferred to Secretary of State by Reorganization Plan No. II, § 1 (a), (b), effective July 1, 1939, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees. See also sections 1 (c) and 401-404 of said plan for provisions relating to transfer of functions, records, property, personnel, and funds.
§ 541. Acquisition of information regarding world competition in agricultural products; investigation of foreign methods affecting production, marketing, and distribution. For the purpose of encouraging and promoting the agriculture of the United States and assisting American farmers to adjust their operations and practices to meet world conditions, the Secretary of State shall
(a) Acquire information regarding world competition and demand for agricultural products and the production, marketing, and distributing of said products in foreign countries and disseminate the same through agricultural extension agencies and by such other means as may be deemed advisable.
(b) Investigate abroad farm management and any other economic phases of the agricultural industry and, insofar as is necessary to carry out the purposes of this chapter conduct abroad any activities, including the demonstration of standards for cotton, wheat, and other American agricultural products, in which the Department of Agriculture is now authorized or in the future may be authorized to engage. Nothing contained in sections 541545 of this title shall be construed as prohibiting the Department of Agriculture from conducting abroad any activity for which authority for thus conducting it may exist. (June 5, 1930, ch. 399, $ 1, 46 Stat. 497; Reorg. Plan No. 11, $ 1 (a), (b), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1431.)
TRANSFER OF FUNCTIONS Foreign Agricultural Service and its functions transferred to Depart. ment of State, see note preceding this section.
$ 542. Foreign Agricultural Service-(a) Establishment; personnel; relation to diplomatic mission or consulate.—The representatives of the Bureau of Agricultural Economics of the Department of Agriculture on June 5, 1930, stationed abroad shall be officers of the Foreign Agricultural Service of the United States, and the Secretary of State may appoint other officers in said service from time to time in accordance with civil-service procedure. All such officers shall constitute the Foreign Agricultural Service of the United States, and shall be known as agricultural attaches, assistant agricultural attaches, or by such other titles as may be deemed appropriate by the Secretary of State. Any officer in said service, when designated by the Secretary of State, shall, through the Department of State, be regularly and officially attached to the diplomatic mission of the United States in the country in which he is to be stationed, or to the consulate of the United States, as the Secretary of State shall designate. If any such officer is to be stationed in a country where there is no diplomatic mission or consulate of the United States, appropriate recognition and standing, with full facilities for discharging his official duties, shall be arranged by the Department of State. The Secretary of State may reject the name of any such officer if, in his judgment, the attachment of such officer to the diplomatic mission or consulate at the post designated would be prejudicial to the public policy of the United States.
(b) Apointment of officers; grades; salaries.—The Secretary of State shall appoint the officers of the Foreign Agricultural Service to such grades as he may establish, with salaries in those grades comparable to those paid other officers of the Government for analogous foreign service.
(c) Promotions and demotions of officers; increase and decrease of salaries; separations from services.--The Secretary of State is authorized to promote or demote in grade or class, to increase
or decrease within the salary range fixed for the class the compensation of, and to separate from the service, officers of the Foreign Agricultural Service, but in so doing the Secretary shall take into consideration records of efficiency.
(d) Officers as having character of public minister.—No officer of the Foreign Agricultural Service shall be considered as having the character of a public minister.
(e) Assignment of officers to duties in United States. Any officer of the Foreign Agricultural Service may be assigned for duty in the United States for a period of not more than three years without change in grade, class, or salary, or with such change as the Secretary of State may direct.
(f) Expenses of transportation and subsistence of officers and families in going to and from posts; leaves of absence; requiring service from officers on leave.- The Secretary of State is authorized to pay the expenses of transportation and subsistence of officers in the Foreign Agricultural Service of the United States and their immediate families in going to and returning from their posts under orders from the Secretary of State. The Secretary of State is further authorized, whenever he deems it in the public interest, to order to the United States on his official leave of obsence any Foreign Agricultural Service officer who has performed three years or more of continuous service abroad: Provided, That the expenses of transportation and subsistence of such officers and their immediate families in traveling to their homes in the United States and return shall be paid under the same rules and regulations applicable in the case of officers going to and returning from their posts under orders of the Secretary of State when not on leave: Provided further, That while in the United States the services of such officers shall be available for such duties in the Department of Agriculture and elsewhere in the United States as the Secretary of Agriculture may prescribe. Any officer in the Foreign Agricultural Service, in the discretion of the Secretary of State, may be given leave of absence with pay for not to exceed thirty days for any one year, which may be taken in the United States or elsewhere, accumulative for three years, under such rules and regulations as the Secretary of State shall prescribe. (June 5, 1930, ch. 399, § 2, 46 Stat. 498; Reorg. Plan No. II, § 1, (a), (b), eff. July 1, 1939, 4 Fed. 2731, 53 Stat. 1431.)
TRANSFER OF FUNCTIONS Foreign Agricultural Service and its functions transferred to Department of State, see note preceding section 541 of this title.
$ 543. Same; clerks and assistants to officers-(a) Appointment; compensation; promotion and demotion; separation from service.Subject to the requirements of the civil service laws, and the rules and regulations promulgated thereunder, the Secretary of State is authorized to appoint, fix the compensation of, promote, demote, and separate from the service such clerks and other assistants for officers of the Foreign Agricultural Service as he may deem necessary.
(b) Employment of American citizens in foreign countries by Service officers. When authorized by the Secretary of State,
officers of the Foreign Agricultural Service may employ American citizens in a foreign country from time to time, fix the compensation of, and separate from the service such clerical and other assistants as may be necessary. (June 5, 1930, ch. 399, § 3, 46 Stat. 499; Reorg. Plan No. II, § 1 (a), (b), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1431.)
TRANSFER OF FUNCTIONS
Transfer of Foreign Agricultural Service and functions to Department of State, see note preceding
section 541 of this title. § 544 Same; expenses for travel and subsistence(a) Officers and employees of Department of Agriculture on duty outside continental limits of United States.-Any officer, assistant, clerk, or employee of the Department of Agriculture, while on duty outside of the continental limits of the United States and away from the post to which he is assigned, shall be entitled to receive his necessary traveling expenses and his actual expenses for subsistence, or a per diem in lieu of subsistence, equal to that paid to other officers of the Government when engaged in analogous foreign service.
(b) Clerical and other assistants employed by officer of Foreign Agricultural Service; allowance for subsistence while outside continental limits.—The Secretary of State may authorize any officer of the Foreign Agricultural Service to fix, in an amount not exceeding the allowance fixed for such officer, an allowance for actual subsistence, or a per diem allowance in lieu thereof, for any clerical or other assistant employed by such officer, under subdivision (b) of section 543 of this title when such clerical or other assistant is engaged in travel outside the continental limits of the United States and away from the post to which he is assigned.
(c) Officers and employees of Foreign Agricultural Service on duty within continental limits of United States; expenses for travel and subsistence.—Any officer, assistant, clerk, or employee of the Foreign Agricultural Service, while on duty within the continental limits of the United States, shall be entitled to receive the traveling expenses and actual expenses incurred for subsistence, or per diem allowance in lieu thereof, authorized by law. (June 5, 1930, ch. 399, § 4, 46 Stat. 499; Reorg. Plan. No. II, § 1 (a), (b), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1431.)
TRANSFER OF FUNCTIONS Transfer of Foreign Agricultural Service and functions to Department of State, see note preceding section 541 of this title.
8 545. Authority of Secretary of Agriculture as to regulations, cooperation with various departments and agencies, and expenditures for rent, supplies, and so forth.—The Secretary of State may make such rules and regulations as may be necessary to carry out the provisions of sections 541-545 of this title and may cooperate with any department or agency of the Government, State, Territory, District, or possession, or department, agency, or political subdivision thereof, cooperative and other farm organizations, or any person, and shall have power to make such expenditures