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FOREWORD This compilation of laws, reorganization plans, and Executive orders affecting the Department of Agriculture is designed to supplement the 1935 Edition of Laws Applicable to the United States Department of Agriculture. The 1935 Edition includes permanent legislation, or legislation not of a clearly temporary character, affecting the Department, its officers, and its employees, enacted up to and including September 6, 1935, the last day on which bills passed by the Seventyfourth Congress, first session, could be approved by the President.
This 1941 Supplement includes legislation of the same character enacted during the period that began on September 7, 1935, and ended on January 13, 1941, the last day on which bills passed by the Seventysixth Congress could be approved by the President.
In addition, the Supplement includes all laws applicable to the Farm Credit Administration, the Federal Farm Mortgage Corporation, the Rural Electrification Administration, and the Commodity Credit Corporation. The Supplement also takes cognizance of the fact that several agencies (the Food and Drug Administration, the Weather Bureau, the Bureau of Public Roads, the Bureau of Biological Survey, and the Foreign Agricultural Service) were transferred from the Department of Agriculture to other agencies of the Government pursuant to the Reorganization Act of 1939. Accordingly, there are reproduced in full the reorganization plans under which the transfers were effected, together with the messages of the President accompanying such plans.
Also, since the publication of the 1935 Edition, it has become apparent that certain legislation, which was enacted before the publication of the 1935 Edition but was not included therein because such legislation was deemed to be of a temporary nature, is permanent in character. Therefore, this legislation is included in the 1941 Supplement.
Basically, the pattern of the 1941 Supplement is the same as that of the 1935 Edition, in that all legislation relating to the same general subject matter is assembled in the same order and under the same title and section headings used in the United States Code. However, because of the fact that no numerical gaps were left in the 1935 Edition between the various titles and sections, it has been necessary to devise a new system of numbering paragraphs in the 1941 Supplement. The system may be described briefly as follows:
(1) Where a statute appearing in the 1935 Edition has been substantially amended, it will appear in amended form under the same paragraph number or numbers in the 1941 Supplement.
(2) Where a statute in the 1935 Edition has been amended only slightly, for example, by the addition of a word or two, the statute, or amended section thereof, will appear in the 1941 Supplement under the same paragraph number as in the 1935 Edition with the addition of the letter "a" (e. g., 114a).
(3) Where new legislation which did not appear in the 1935 Edition is included in the 1941 Supplement, the principal, or key number of the paragraph under which it appears in the Supplement is the last paragraph number of the section in which the legislation would have been placed if blank numbers had been available. To this principal number is added, following a dash, a number indicating numerical sequence. To illustrate, under the section heading "General provisions,” which is one of the sections appearing under the title heading "Executive departments, Government officers and employees,” the last number in the 1935 Edition is 115. The statutes in the 1941 Supplement, which would have followed in order after the number 115 if blank numbers had been made available, are numbered 115-1 to 115-51, inclusive.
Attention is invited to the fact that a completely revised index, covering both the 1935 Edition and the 1941 Supplement, appears in the Supplement. Because of the nature of this new index, as explained in the statement "How to use this index" on page 581, it is recommended that all who use either of the volumes employ only the index in the 1941 Supplement.
A new feature of the 1941 Supplement, to which attention is also invited, is the “Parallel statutory reference table" on page 521. This table will enable anyone who knows the statutory reference of the legislation in which he is interested to find the paragraph in which the statute appears in either one or both of the volumes of Laws Applicable.
The compilation of a book of this nature is an exacting and difficult task. The elimination of all mistakes is a virtual impossibility. It will be appreciated, therefore, in view of the importance of correcting errors, if users will report them to the Solicitor upon discovery, Suggestions as to the form or context of future compilations will also be appreciated.
The faithful work of all who assisted in the compilation of this publication is hereby acknowledged.
The proper means of citing the Laws Applicable to the United States Department of Agriculture is as follows:
L. A. (1935 Ed.), par. 600, or L. A. (1941 Supp.), par. 115–36.
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2-1. Tax on motor fuel sold on military or other reservation; reports to state taxing authority.- (a) That all taxes levied by any State, Territory or the District of Columbia upon sales of gasoline and other motor vehicle fuels may be levied, in the same manner and to the same extent, upon such fuels when sold by or through post exchanges, ship stores, ship service stores, commissaries, filling stations, licensed traders, and other similar agencies, located on United States military or other reservations, when such fuels are not for the exclusive use of the United States. Such taxes, so levied, shall be paid to the proper taxing authorities of the State, Territory or the District of Columbia, within whose borders the reservation affected may be located.
(b) The officer in charge of such reservation shall, on or before the fifteenth day of each month, submit a written statement to the proper taxing authorities of the State, Territory or the District of Columbia within whose borders the reservation is located, showing the amount of such motor fuel not sold for the exclusive use of the United States during the preceding month. (June 16, 1936, sec. 10, 49 Stat. 1521; 4 U. S. C., sec. 12 and 23 U. S. C., sec. 55a.)
EXECUTIVE DEPARTMENTS AND GOVERNMENT
OFFICERS AND EMPLOYEES
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PROVISIONS APPLICABLE TO DEPARTMENTS AND OFFICERS
GENERALLY 27. Sick leave; effective date.—That after January 1, 1936, except as provided in section 4 hereof, all civilian officers and employees of the United States wherever stationed and of the government of the District of Columbia, other than teachers and librarians of the public schools of the District of Columbia and officers and members but not the civilian personnel of the police and fire departments of the District of Columbia and other than officers and employees of the Panama Canal and Panama Railroad on the Isthmus of Panama, shall be entitled to sick leave with pay regardless of their tenure, as described herein. (Mar. 14, 1936, sec. i, 49 Stat. 1162; 5 U. S. C., sec. 30f.)
27a. Same; amount, cumulative. On and after January 1, 1936, cumulative sick leave with pay, at the rate of one and one-quarter days per month, shall be granted to all civilian officers and employees, the total accumulation not to exceed ninety days. Temporary employees, except temporary employees engaged on construction work at hourly rates, shall be entitled to one and one-quarter days sick leave for each month of service: Provided, That all such employees shall furnish certificates satisfactory to the head of the appropriate de
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partment or independent establishment. (Mar. 14, 1936, sec. 2, 49 Stat. 1162; 5 U. S. C., sec. 30g.)
27b. Same; advancement of sick leave.-Administrative officers may advance thirty days sick leave with pay beyond accrued sick leave in cases of serious disability or ailments and when required by the exigencies of the situation. (Mar. 14, 1936, sec. 3, 49 Stat. 1162; 5 U. S. C., sec. 30h.)
27c. Same; leave differentials of employees outside continental United States not affected.—Nothing in this Act shall be construed to prevent the continuance of any existing leave differential now obtaining for the benefit of the employees of the Federal Government stationed outside the continental limits of the United States. (Mar. 14, 1936, sec. 5, 49 Stat. 1162; 5 U. S. C., sec. 30i.)
27d. Same; Government corporations included within provisions of Act.The employees of any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the United States Government, whether or not the employees thereof are paid from funds appropriated by Congress, shall be included within the provisions of this Act. (Mar. 14, 1936, sec. 6, 49 Stat. 1162; 5 U. Š. C., sec. 30j.)
27e. Same; regulations by President.—The leave of absence herein provided for shall be administered under such regulations as the President may prescribe, so as to obtain, so far as practicable, uniformity in the application of this Act. (Mar. 14, 1936, sec. 7, 49 Stat. 1162; 5 U. S. C., sec. 30k.)
30. Annual leave of absence; effective date.—That with the exception of teachers and librarians of the public schools of the District of Columbia and officers and employees of the Panama Canal and Panama Railroad on the Isthmus of Panama, and except as provided in section 4 hereof, all civilian officers and employees of the United States wherever stationed and of the government of the District of Columbia, regardless of their tenure, in addition to any accrued leave, shall be entitled to twenty-six days' annual leave with pay each calendar year, exclusive of Sundays and holidays: Provided, That the part unused in any year shall be accumulated for succeeding years until it totals not exceeding sixty days. This Act shall not affect any sick leave to which employees are now or may hereafter be entitled. Temporary employees, except temporary employees engaged on construction work at hourly rates, shall be entitled to two and one-half days leave for each month of service. The annual leave herein authorized shall be granted at such times as the heads of the various departments and independent establishments may prescribe. This Act becomes effective January 1, 1936. (Mar. 14, 1936, sec. 1, 49 Stat. 1161; 5 U. S. C., sec. 30b; supersedes paragraph No. 27, Laws Applicable, 1935.)
30a. Same; regulations by heads of departments. Each head of a department or independent establishment shall issue general public regulations, not inconsistent with law, setting forth the hours of duty per day and per week for each group of employees. Before issuing such regulations, which shall be issued within three months from the date of approval of this Act, the heads of departments and independent establishments shall meet and consult among them