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Code · STATUTES-AT-LARGE · Vol. 49 STAT. · April 25, 1936 · Public Law 534

Public Law 534.

4,728 words·~21 min read·/statutes-at-large/vol-49/public-law-534·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/bill/74/pl/533).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the SecretaryHenry H. Rogers. Acceptance of bequest of, authorized. of the Navy be, and he is hereby, authorized to accept on behalf of the United States the collection of ship models, with glass exhibit cases, bequeathed the United States Naval Academy by the late Henry H. Rogers, of Southampton, Long Island, New York. Sec. 2. There is hereby authorized to be appropriated, out of anyAppropriation authorized. *Post*, p. 1628. money in the Treasury not otherwise appropriated, the sum of $5,000 to carry out the purposes of section 1 of this Act.
Approved, April 25, 1936. Relating to compacts and agreements among States in which tobacco is produced providing for the control of production of, or commerce in, tobacco in such States, and for other purposes. 1936-04-25 49 Stat. 1239 249 Chapter 74 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 249.] AN ACT Relating to compacts and agreements among States in which tobacco is produced providing for the control of production of, or commerce in, tobacco in such States, and for other purposes.
April 25, 1936.[[H. R. 12307](/us/bill/74/hr/12037).][[Public, No. 534](/us/bill/74/pl/534).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the CongressState tobacco control compacts. Consent given to, for regulating production, etc. *Post*, p. 1617. of the United States of America hereby consents that any of the States in which tobacco is produced may negotiate a compact or compacts*Provisos*. State acts to be uniform, etc.
Virginia Tobacco Control Act as a basis. for the purpose of regulating and controlling the production of, or commerce in, any one or more kinds of tobacco therein: *Provided*, That all State acts authorizing such compact or compacts shall be essentially uniform and in no way conflicting: *Provided further*, That any compact, compacts, agreement, or agreements negotiated and agreed upon by the States referred to in the Act of the General Assembly of Virginia, approved March 13, 1936 (known as the Tobacco Control Act), or by any other State or States producing any type or types of tobacco referred to in said Act, which is in conformity with said Act and relating to the type or types of tobacco specifically referred to in said Act, shall become effective to the extent and in the manner provided for in said Act without further consent or ratification on the part of the Congress of the United States of America: *Provided, however*, That nothingRight to withdraw consent reserved. herein contained shall be construed as preventing the Congress of the United States of America from hereafter withdrawing its consent to any compact or agreement entered into pursuant to this Act: *Provided further*, That nothing in this Act shall be construed to Price fixing, monopoly, etc. grant the consent of Congress to negotiate any compact for regulating or controlling the production of, or commerce in, tobacco for1240the purpose of fixing the price thereof, or to create or perpetuate monopoly, or to promote regimentation, but such consent shall be limited to compacts for the regulation and control of production of, or commerce in, tobacco in order thereby to enable growers to receive a fair price for such tobacco.
Sec. 2. Definitions. As used in this Act, unless otherwise stated or unless the context or subject matter clearly indicates otherwise— “Person.”“Person” means any individual, partnership, joint-stock company, corporation, or association. “State Act.”“State Act” means any Act of a State legislature authorizing a compact or compacts pursuant to the consent given in this Act. “Commission.”“Commission” means the tobacco commission created by any State Act. “Secretary.”“Secretary” means the Secretary of Agriculture of the United States.
“Kind of tobacco.”“Kind of tobacco” means one or more types of tobacco as classified in Service and Regulatory Announcement Numbered 118 of the Bureau of Agricultural Economics of the United States Department of Agriculture as listed below according to the name or names Types designated.by which known: Types 11, 12, 13, and 14, known as flue-cured tobacco. Type 31, known as Burley tobacco. Types 21, 22, 23, 24, 35, 36, and 37, known as fire-cured and dark air-cured tobacco. Types 41, 42, 43, 44, 45, and 46, known as cigar-filler tobacco.
Types 51, 52, 53, 54, and 65, known as cigar-binder tobacco. Types 61 and 62, known as cigar-wrapper tobacco. “Association.”“Association” means any association of tobacco producers or other persons engaged in the tobacco industry, or both, formed under the laws of any State for the purpose of stabilizing the marketing of tobacco and providing crop protection to producers of tobacco in any State or States. Sec. 3. Advances to State tobacco commissions, authorized. The Secretary is authorized to make advances from time to time, from the funds hereinafter provided, to the tobacco commission established by the State act of each State which enters into a compact or compacts under the consent given by this Act in such amounts as the Secretary shall determine to be required for the payment of administrative expenses incurred by such commission, and under such terms and conditions with respect to the expenditure *Proviso*.
Repayment.thereof as the Secretary shall stipulate: *Provided*, That each State act creating such commission shall provide for the repayment to the Secretary of such advances from any funds received by the commission from the sale of marketing certificates with respect to tobacco, prior to the use of such funds for any other purpose. Sec. 4. Conferences. The Secretary shall, upon the request of the Commission of any compacting State, designate such tobacco producers or other persons engaged in the tobacco industry and such officials of the United States Department of Agriculture as he deems advisable to meet with the tobacco commissions for the different States for the purpose of advising in connection with the administration of any compact or compacts entered into pursuant to this Act.
Sec. 5. Loans for administrative purposes, Georgia Tobacco Belt. The Secretary, from the funds hereinafter provided, is authorized to make loans for administrative purposes, upon terms and conditions stipulated by him, to such association of tobacco producers as may operate with respect to the 1936 crop in the Georgia Tobacco Belt, in a manner similar to that embodied in State Acts providing for compacts under the consent given in this Act. 1241 Sec. 6. The Secretary is hereby authorized, upon the request ofFacilities available to compacting States. the commission of any compacting State, or at the request of any association referred to in section 5, to make available to the commission of any State or to any such association such records and information, whether published or unpublished, and such facilities of the United States Department of Agriculture as the Secretary deems appropriate in aiding such commission or association.
Sec. 7.
(a)For the purpose of administering this Act there isAppropriation authorized. *Post*, p. 1617. authorized to be appropriated to the Secretary of Agriculture the sum of $300,000, or so much thereof as may be necessary for that purpose.
(b)Any advances or loans which are repaid to the SecretaryRepayments, disposition of. by any commission or association pursuant to sections 3 and 5 of this Act shall revert to the general fund of the Treasury of the United States. Sec. 8. All funds available for carrying out this Act shall beAllotment and transfer of funds to Government agencies. available for allotment to the bureaus and offices of the Department of Agriculture and for transfer to such other agencies of the Federal or State Governments as the Secretary may request to cooperate or assist in carrying out this Act. Sec. 9. If, pursuant to this Act, any compact entered into amongPuerto Rican cigar-filler tobacco, regulation of commerce in, if designated compacts become effective. three or more of the States of Pennsylvania, Ohio, Wisconsin, Massachusetts, Florida, and Connecticut, becomes effective, or if any association or associations are formed, the membership of which includes at least two-thirds of the producers of cigar-filler tobacco and cigar-binder tobacco in three or more of said States, commerce in cigar-filler tobacco produced in Puerto Rico shall be regulated during the period in which any such compact remains effective or such associations continue to operate, as follows:
(a)The Secretary shall determine for each crop year, byDetermination of production for each crop year. calculations from available statistics of the United States Department of Agriculture, the quantity of cigar-filler tobacco produced in the continental United States and Puerto Rico which is likely to be consumed in all countries of the world during such crop year, increased or decreased, as the case may be, by the amount by which the world stocks of cigar-filler tobacco (produced in the continental United States and Puerto Rico) at the beginning of such crop year are less than or greater than the normal stocks of such cigar-filler tobacco, as determined by the Secretary. For the purposes of this section,“Crop year” defined. the Secretary shall specify as a “crop year” such period of twelve months as he deems will facilitate the administration of this section.
(b)The Secretary shall determine a marketing quota for PuertoEstablishment of marketing quota. Rico for cigar-filler tobacco for each crop year in which the provisions of this section are operative. Such quota shall be that quantity of cigar-filler tobacco which bears the same proportion (subject to such adjustment, which may be cumulative from one crop year to another, not exceeding 5 per centum of said proportion in any one year, as the Secretary determines is necessary to correct for any abnormal conditions of production during any three normal crop years during the last ten years for trends in production during such crop years and for trends in consumption since such crop years) to the total quantity of cigar-filler tobacco produced in the continental United States and Puerto Rico and required for world consumption (as determined pursuant to paragraph
(a)of this section) as the average production of cigar-filler tobacco in Puerto Rico in such crop years bore to the average of the total production of cigar-filler tobacco in the continental United States and Puerto Rico in such crop years. 1242
(c)Assignment for each farm. The Secretary shall establish for each farm in Puerto Rico for each crop year a tobacco-marketing quota, giving due consideration to the quantity of cigar-filler tobacco marketed from the crops produced on such farm and by the operator thereof in past years; to the land, labor, and equipment available for production of tobacco on such farm; to the crop-rotation practices on such farm; and to the soil and other physical factors affecting production of tobacco *Proviso*. Limitation.on such farm: *Provided*, That the total of the marketing quotas established for all farms in Puerto Rico for any crop year shall not exceed the marketing quota for Puerto Rico for such crop year.
(d)Quota adjustments. The marketing quota established for Puerto Rico and the marketing quotas established for farms in Puerto Rico for any crop year pursuant to paragraphs
(b)and
(c)of this section shall be subject to such uniform adjustment during the crop year, not exceeding 10 per centum of said quotas, as the Secretary shall determine to be necessary to establish and maintain normal world stocks of cigar-filler tobacco produced in the continental United States and Puerto Rico and otherwise to effectuate the purposes of this Act.
(e)Marketing certificates, issuance of. 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 to producers. 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 Rate.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)Sale, etc., without certificate prohibited. 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 this Act. Sec. 10. Receipts held as separate fund; use, etc. Any receipts by the Secretary under section 9 of this Act 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 section 9 of this Act. Sec. 11. Separability provision. If any provision of this Act, or the application thereof to any person or circumstance, shall be held invalid, the validity of the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. Sec. 12. Rules to be prescribed. The Secretary shall prescribe such rules and regulations as he may deem necessary to carry out the provisions of this Act. Approved, April 25, 1936. Providing for the participation of the United States in the Great Lakes Exposition to be held in the State of Ohio during the year 1936, and authorizing the President to invite the Dominion of Canada to participate therein, and for other purposes. 1936-04-25 250 Chapter 49 Stat. 1243 74 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public 1243 [CHAPTER 250.] JOINT RESOLUTION Providing for the participation of the United States in the Great Lakes Exposition to be held in the State of Ohio during the year 1936, and authorizing the President to invite the Dominion of Canada to participate therein, and for other purposes. April 25, 1936.[[S. J. Res. 233](/us/bill/74/sjres/233).][[Pub. Res., No. 84](/us/bill/74/pubres/84).] Whereas there is to be held in the city of Cleveland, State of Ohio,Great Lakes Exposition.Preamble. during the year 1936 an exposition to be known as the Great Lakes Exposition, dealing with industrial, agricultural, commercial, educational, and cultural progress ofthe eight States bordering upon the Great Lakes, namely, New York, Pennsylvania, Ohio, Michigan, Indiana, Illinois, Wisconsin, and Minnesota; and Whereas the city of Cleveland has made available one hundred and forty acres of land centrally located, its public hall, its lakeside exhibition hall, and its stadium, valued at more than $20,000,000, its adjacent streets and properties, its lake-front grounds, and its water-front privileges on Lake Erie; and Whereas the exposition has been incorporated not for profit and has been amply underwritten; and Whereas such exposition is worthy and deserving of the support and encouragement of the United States; and the United States has aided and encouraged such expositions in the past : Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of theDominion of Canada invited to participate. United States is authorized and requested to invite the Dominion of Canada to participate in such proposed exposition. Sec. 2. There is hereby established a commission, to be known asCommission established. the United States Great Lakes Exposition Commission, and hereinafter referred to as the “Commission”, and to be composed of theComposition, purpose, etc. Secretary of State, the Secretary of Agriculture and the Secretary of Commerce; which Commission shall serve without additional compensation and shall represent the United States in connection with the holding of the Great Lakes Exposition in the State of Ohio during the year 1936. Sec. 3. There is hereby created a United States CommissionerCommissioner General and assistant; appointment, salaries, etc. General for the Great Lakes Exposition, to be appointed by the President with the advice and consent of the Senate, and to receive compensation at the rate of not to exceed $10,000 per annum, and not to exceed one assistant commissioner for said Great Lakes Exposition, to be appointed by the Commissioner General, with the approval of the Commission herein designated, and to receive compensation at the rate of not to exceed $7,500 per annum. The salaryPayment of salaries and expenses. and expenses of the Commissioner General and such staff as he may require shall be paid out of the funds authorized to be appropriated by this joint resolution, for such period prior to the opening of the exposition as the Commissioner11So in original. may determine, for the duration of the exposition, and not to exceed a six months’ period following the closing thereof. Sec. 4. The Commission shall prescribe the duties of the UnitedDuties and powers of Commissioner General. States Commissioner General and shall delegate such powers and functions to him as it shall deem advisable, in order that there may be exhibited at the Great Lakes Exposition by the Government of the United States, its executive departments, independent offices, and establishments such articles and materials and documents and papers as illustrate the function and administrative faculty of the Government in the advancement of industry, science, invention, agriculture, the arts, and peace, and demonstrating the nature of our institutions, particularly as regards their adaptation to the needs of the people. 1244 Sec. 5. Personnel; appointment; fixing of salaries.[U. S. C., pp. 81, 85](/us/usc/85). The Commission and the Commissioner General are authorized to appoint, without regard to the civil-service laws, such clerks, stenographers, and other assistants as may be necessary, and to fix their salaries in accordance with the Classification Act of 1923, as amended; purchase such materials, contract for such labor and other services as are necessary, including the preparation of exhibit plans. The Commissioner General may exercise such powers as are delegated to him by the Commission as hereinbefore provided, and in order to facilitate the functioning of his office may subdelegate such powers (authorized or delegated) to the Assistant Commissioner or others in the employ of or detailed to the Commission as may be deemed advisable by the Commission. Sec. 6. Cooperation of executive departments, etc. The heads of the various executive departments and independent offices and establishments of the Government are authorized to cooperate with said Commissioner General in the procurement, Exhibits to be loaned.installation, and display of exhibits, and to lend to the Commission and the Great Lakes Exposition, with the knowledge and consent of said Commissioner General such articles, specimens, and exhibits which said Commissioner General shall deem to be in the interest of the United States and in keeping with the purposes of such exposition, to be placed with the science exhibit or other exhibits to be shown under the auspices of such Commission or the Great Lakes Contracts for labor, etc.Exposition, to contract for such labor or other services as shall be deemed necessary, and to designate officials or employees of their Return of property at close of exposition.departments or branches to assist said Commissioner General. At the close of the exposition, or when the connection of the Government of the United States therewith ceases, said Commissioner General shall cause all such property to be returned to the respective departments and branches from which taken, and any expenses incident to the restoration, modification and revision of such property to a condition which will permit its use at subsequent expositions, fairs, and other celebrations, and for the continued employment of personnel Preparation of reports.necessary to close out the fiscal and other records and prepare the required reports of the participating organizations, may be paid from the Disposition of property not returned.appropriation authorized herein; and if the return of such property is not feasible, he may, with the consent of the department or branch from which it was taken, make such disposition thereof as he may deem advisable and account therefor. Sec. 7. Appropriation authorized.*Post*, p. 1352. The sum of $275,000 is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, and shall remain available until expended for the purposes of this joint resolution and any unexpended balances shall be Allotments of funds.covered back into the Treasury of the United States. Subject to the provisions of this joint resolution and any subsequent Act appropriating the money authorized herein, the Commission is authorized to make any expenditures or allotments deemed necessary by it to fulfill properly the purposes of this joint resolution and to allocate such sums to the Great Lakes Exposition for expenditure by such body as the Commission deems necessary and proper in carrying Rental of space.out the purposes of this joint resolution. And, subject to the provisions of this joint resolution and any subsequent Act appropriating the money authorized herein, the Commission is authorized to rent such space, not to exceed thirty thousand square feet, without regard Vol. 47, pp. 412, 1517.[U. S. C., p. 1771](/us/usc/1771).to the provisions of section 322 of Public Act Numbered 212, approved June 30, 1932 (47 Stat. 412), as it may deem adequate to carry out effectively the provisions of this joint resolution during Authorized expenditures.the period of the exposition. The appropriation authorized under this joint resolution shall be available for the selection, purchase, preparation, assembling, transportation, installation, arrangement,1245 safekeeping, exhibition, demonstration, and return of such articles and materials as the Commission may decide shall be included in such Government exhibit and in the exhibits of the Great LakesSalaries, traveling expenses, etc. Exposition; for the compensation of said Commissioner General, Assistant Commissioner, and other’ officers and employees of the Commission in the District of Columbia and elsewhere, for the payment of salaries of officers and employees of the Government employed by or detailed for duty with the Commission, and for actual traveling expenses, including travel by air, and for per diem in lieu of actual subsistence at not to exceed $5 per day: *Provided*,*Provisos*.Salary restriction. That no such Government official or employee so designated shall receive a salary in excess of the amount which he has been receiving in the department or branch where employed, plus such reasonable allowance for travel, including travel by air, and subsistence expenses as may be deemed proper by the Commissioner General; for telephone service, purchase or rental of furniture andFurniture, equipment, etc. equipment, stationery and supplies, typewriting, adding, duplicating, and computing machines, their accessories and repairs, books of reference and periodicals, uniforms, maps, reports, documents, plans, specifications, manuscripts, newspapers and all other appropriate publications, and ice and drinking water for office purposes: *Provided further*,Payments in advance permitted. That payment for telephone service, rents, subscriptions to newspapers and periodicals, and other similar purposes, may be made in advance; for the purchase and hire of passenger-carryingMotor vehicles; purchase, hire, repair, etc. automobiles, their maintenance, repair, and operation, for the official use of said Commissioner General and Assistant Commissioner in the District of Columbia or elsewhere as required; for printing and binding; for entertainment of distinguished visitors; and for all other expenses as may be deemed necessary by the Commission to fulfill properly the purposes of this joint resolution. All purchases, expenditures, and disbursements of any moneys made available by authority of this joint resolution shall be made under the direction of the Commission: *Provided further*, That the Commission,Delegation of powers. without release of responsibility as hereinbefore stipulated, may delegate these powers and functions to said Commissioner General, and said Commissioner General, with the consent of the Commission, may subdelegate them: *Provided further*, That theAllotment of funds to executive departments, etc. Commission or its delegated representative may allot funds authorized to be appropriated herein to any executive department, independent office, or establishment of the Government with the consent of the heads thereof, for direct expenditure by such executive department, independent office, or establishment, for the purpose of defraying any expenditure which may be incurred by such executive department, independent office, or establishment in executing the duties and functions delegated by the Commission. All accountsApproval of vouchers; exceptions. and vouchers covering expenditures shall be approved by said Commissioner General or by such assistants as the Commission may designate except for such allotments as may be made to the various executive departments, independent offices, and establishments for direct expenditure; but these provisions shall not be construed to waive the submission of accounts and vouchers to the General Accounting Office for audit, or permit any obligations to be incurred in excess of the amount authorized herein: *And provided further*,Wage rate for construction work. That in the construction of exhibits requiring skilled and unskilled labor, the prevailing rate of wages, as provided in theVol. 46, p. 1494; [U. S. C., p. 1788](/us/usc/1788). Act of March 3, 1931, shall be paid. Sec. 8. The Commissioner General, with the approval of the Commission,Acceptance of contributions. may receive contributions from any source to aid in carrying out the purposes of this joint resolution, but such contributions shall1246 be expended and accounted for in the same manner as the funds authorized to be appropriated by this joint resolution. The Commissioner General is also authorized to receive contributions of material, or to borrow material or exhibits, and to accept the services of any skilled and unskilled labor that may be available through State or Federal relief organizations, to aid in carrying out the Disposal of buildings and property.general purposes of this joint resolution. At the close of the exposition or when the connect ion of the Government of the United States therewith ceases, the Commissioner General shall dispose of any such portion of the material contributed as may be unused, and return such borrowed property; and, under the direction of the Commission, dispose or any structures which may have been constructed *Proviso*.Public sales.and account therefor: *Provided*, That all disposition of materials, property, and so forth, shall be at public sale to the highest bidder, and the' proceeds thereof shall be covered into the Treasury of the United States. Sec. 9. Report to Congress. It shall be the duty of the Commission to transmit to Congress, within six months after the close of the exposition, a detailed statement of all expenditures, and such other reports as may be deemed proper, which reports shall be prepared and arranged with Termination of Commission.a view to concise statement and convenient reference. Upon the transmission of such report to Congress the Commission established by and all appointments made under the authority of this joint resolution shall terminate. Approved, April 25, 1936. To give effect to the Convention between the United States and certain other countries for the regulation of whaling, concluded at Geneva, September 24, 1931, signed on the part of the United States, March 31, 1932, and for other purposes. 1936-05-01 251 Chapter 49 Stat. 1246 74 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 251.] AN ACT To give effect to the Convention between the United States and certain other countries for the regulation of whaling, concluded at Geneva, September 24, 1931, signed on the part of the United States, March 31, 1932, and for other purposes. May 1, 1936.[[S. 3413](/us/bill/74/s/3413).][
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