Page:United States Statutes at Large Volume 49 Part 1.djvu/74

 74rn CONGRESS. SESS. I. CH. 15. FEBRUARY 20, 1935 . as a distressed emergency area, the Governor may make loans without regard to the foregoing limitations as to amount, under such regula- tions and with such maturities as he may prescribe therefor. (c) No loan shall be made under this Act to any applicant who shall not have first established to the satisfaction of the proper officer or employee of the Farm Credit Administration, under such regula- tions as the Governor may prescribe : (1) that such applicant is unable to procure from other sources a loan in an amount reasonably adequate t o meet his needs for the purposes for which loans may be ma de under this Act ; and (2) that such applicant is cooperating directly in the crop production control program of the Agricultural Adjust ment Administrati on or is not prop osing to increas e his 1935 production of basic agricultural commodities in a manner detrimental to the success of such program. SEC. 3. (a) The moneys authorized to be loaned by the Governor under this Act are decl ared to be impres sed with a trust to accom- plish the purposes provided for by this Act (namely, for fallowing, production, harvesting, or feed), which trust shall continue until the moneys loaned pursuant to this Act have been used by the borrower for such purposes. (b) It shall be unlawful for any person to make any material false representation for the purpose of obtaining, or assisting another to obtain, a loan under the provisions of this Act ; or willfully to dispose of, or assist in disposing of, except for the account of the Governor, any crops or other property upon which there exists a lien securing a loan made under the provisions of this Act. (c) It shall be unlawful for any person to charge a fee for the purpose of pre paring or assisti ng in the prepara tion of any pape rs of an applicant for a loan under the provisions of this Act. (d) Any person violating any of the provisions of this Act shall, up on conviction thereof, be punished by a fine of not more than $1,000, or by imprisonment for not more than six months, or both. SEC. 4 . The Governor shall have power, without regard to the pro- visions of other laws applicable to the employment and compensation of officers and employees of the United States, to employ and fix the compensation and duties of such agents, officers, and employees as may be necessary to carry out the purposes of this Act ; but the compensa- tion of such officers and employees shall correspond, so far as the Governor deems practicable, to the rates established by the Classifi- cation Act of 1923, as amended. SEC. 5 . (a) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of not to exceed $60,000,000, or s o much thereof as may be necessar y, to carry out the provisions of this Act . Any part of su ch sum may be made up as follows : All unobliga ted balances of a ppropriations and funds avai lable thereunder to enable the Sec retary of Agricu l- ture or the Go vernor to make ad vances or loans u nder the followi ng Acts and Resolutions, and all repayments of such advances and loans and interest : March 3, 1921 (41 Stat. 1347) ; M arch 20, 1922 (42 Stat. 467) ; April 26, 1924 (43 Stat . 110) ; February 28, 1927 (44 Stat . 1251) ; February 25, 1929 (45 Stat . 1306), as amended May 17, 1929 (46 Stat. 3); March 3, 1930 (46 Stat . 78, 79) ; Decemb er 20, 1930 (46 Stat. 1032), as amended February 14, 1931 (46 Stat . 1160) ; February 23, 1931 (46 Stat . 1276) ; March 3, 1932 (47 Stat . 60) ; February 4, 1933 (47 Stat . 795) ; February 23, 1934 (48 Stat . 354) ; and June 19, 1934 (48 Stat . 1021). (b) The moneys made available under subsection (a), and all col- lections of both principal and interest on loans made under this Act, may be used by the Governor for making loans under this Act and 29 Co ndition s pre- scri bed. Applicant unable to pro cu re elsewhere. Cooperating und er Agr icu ltu ral Ad jus t- ment program. Vol. 48, p.31. Loans declared im- pressed with a trust. Unlawful acts. False representa- tions. Fee for preparing ap. plication . Pu nishmen t for vio- lations. officers and employ- ees a uthor ized. Compensation. Vol. 42, p. 1488; Vol. 45, p. 776; Vol.46,p. 1003 . U.S.C.,p.85. Sum autho rized. Post, pp. 50, 1458 . Transfer of unobli- ga ted funds made avai l- able under designated acts. Use for administra- tive expenses .