Farm Security Administration reports and miscellaneous documents, 1942-1943

[Miscellaneous Documents]


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THE MEXICAN LABOR PROGRAM OF THE FARM SECURITY ADMINISTRATION
August 4, -1942 - June 30, 1943

I CHRONOLOGY

  • A Preliminary Negotiations
    • 1 The International Agreement (January-August 1942)
    • 2 Inter-Agency Collaboration (August-September 1942)
    • 3 The Individual Work Agreement (September 1942)
  • B Preparing For Operations (August September 1942)
  • C The First Three Thousand (September-November 1942)
  • D The Next Few Orders (November 1942 - March 1943)
  • E Full Scale Operations (March - June 1943)
  • F Renegotiation of Agreement (April 1943)
  • G Railroad Track Labor (May - June 1943)
  • H Transfer of Program From FSA to WFA
    • 1 H.R. # 96
    • 2 Public Law # 45
    • 3 Opening the Border
    • 4 The Transfer

II DESCRIPTION OF OPERATIONS

  • A Orders and Certification
  • B Employer Contract Negotiations
  • C Selection
  • D Transportation
  • E Employment and Labor Relations
  • F Repatriation
  • G Fiscal Guarantees

III INTER-AGENCY COLLABORATION

  • A United States Government
    • 1 State Department
    • 2 Public Health
    • 3 Immigration
    • 4 War Manpower
    • 5 RR Retirement
    • 6 Other
  • B Mexican Government
    • 1 Foreign Office
    • 2 Ministry of Labor
    • 3 Immigration
    • 4 Public Health
    • 5 National Railways
  • C U.S. Railroads
  • D Other

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IV PUBLIC RELATIONS

  • A In United States
    • 1 Congress
    • 2 Press
    • 3 Public
    • 4 Pressure Groups
  • B In Mexico
    • 1 Government
    • 2 Press
    • 3 Public
    • 4 Pressure Groups

V ADMINISTRATION

  • A Personnel
  • B Travel
  • C Communications
  • D Procurements

VI FISCAL ANALYSIS

  • A Costs
    • 1 Administration
    • 2 Subsistence
    • 3 Medical Care
    • 4 Transportation
    • 5 Other
  • B Source of Funds
  • C Agent-Cashier Accounts

VII EFFECTS OF PROGRAM

  • A Economic Effects
    • 1 In United States
      • a War Effort (Production)
      • b Labor Cost and Efficiency
      • c Wage Level
      • d Compared With World War I
    • 2 In Mexico
      • a Agricultural Production
      • b Labor Supply
      • c National Income
  • B Social Effects
    • 1 In United States
    • 2 In Mexico
  • C Diplomatic Effects

VIII CONCLUDING OBSERVATIONS

[Note to reader: No subsections to this heading.]


1

COOPERATIVE EMPLOYMENT AGREEMENT

Form IX-560
(1-25-43)
UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION

THIS COOPERATIVE EMPLOYMENT AGREEMENT made this _________________________day of _________________________, 1943, between the United States of America, hereinafter called the "Government", and _________________________, an association organized and existing under and by virtue of the laws of the State of _________________________, hereinafter called the "Employer."

WITNESSETH:

WHEREAS, the Government and the Employer wish to cooperate in making agricultural workers available to alleviate the present shortage of agricultural labor and to aid in the successful prosecution of the war.

NOW, THEREFORE, in consideration of the undertakings hereinafter stated, the Government and the Employer agree as follows:

1. The Government shall use its best efforts to select and transport agricultural workers for employment by the Employer, from points of origin or intermediate points in the United States or Mexico, to _________________________, in the State of _________________________, hereinafter called "destination point", and, upon completion of that employment to the point of origin, or to such intermediate points in the United States as the Government shall determine to be proper.

2. "The Employer shall employ, exclusively as agricultural laborers, as many such agricultural workers, up to _________________________, as are transported by the Government to the destination point(s) not later than _________________________, 19_____, the number of workers to be transported to each destination point being as follows: up to _________________________ workers to _________________________,

for, as to each worker, at least seventy-five percent (75%) of the workdays, each day in the week except Sunday to be considered a workday, between the day following the day of the worker's arrival at one of the destination points and _________________________, 19_____, hereinafter called the `period of employment', upon the following terms:".

  • a. The employer shall be required to employ those agricultural workers on agricultural labor, and such labor shall be confined to the production, harvesting and farm processing (including work in connection therewith) of those crops certified by the United States Employment Service of the War Manpower Commission and designated by the Secretary of Agriculture as crops for which labor may be transported under the Government Transportation program.
  • b. The Employer shall be required to furnish such employment to a worker hereunder only so long as the worker is ready, willing, and able to work under the supervision and direction of the Employer or its duly authorized representative; but shall not require the worker to work on Sundays.
  • c. The Employer shall give each such worker a minimum subsistence allowance of $3 per day for each work day within said minimum of seventy-five (75) per cent of the work days that he is not so employed; provided, however, that no subsistence allowance shall be made for work days in which the worker is unemployed as the result of his refusal to work or his illness or other physical incapacity. The amount of such subsistence allowance, if any, shall be computed and payment thereof shall be made at the end of the employment period.
  • d. A workday shall contain not less than eight hours nor more than twelve hours; provided, however, that to determine the amount of employment under paragraph 2 of this agreement, hours of work less than eight done on any day except Sunday may, if the Government
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    consents, be added to hours of work less than eight done on any other day except Sunday, and for such purpose, each ten hours of work shall be counted as a workday.
  • e. Work shall be paid for in lawful money of the United States Government weekly, at the prevailing wage rate within the particular area of employment as determined by the Wage Board appointed by the Secretary of Agriculture for that purpose, for the particular crop and for the particular type of labor being performed; provided that piece work rates for work to be performed upon that basis, shall be set, so as to enable the workers, if of average ability, to earn not less than the prevailing wages; provided, further, that the wage rates set for either hourly or piece work shall in no event be less than 30 cents per hour. It is understood that in those types of work requiring previous experience and training, workers without such experience or training shall be paid at an hourly learning rate, if such rate is established at the Wage Board hearing. In such event, however, the Employer guarantees that this provision shall not be used as a device for lowering the prevailing wage. It is mutually understood that during such training or learning period, the employer shall furnish the necessary trained personnel to train such workers.
  • f. The Employer shall pay all costs of transportation of the workers (and the members of their families transported with them by the Government to the above-specified point of destination) between the destination point(s) to which they were so transported by the Government and the place or places at which the workers are to perform their work, hereunder, and return to their said destination point(s).
  • g. No deductions from wages shall be made for commissions, fees, or any other purpose (except as may be required by law), which shall have the effect of reducing the workers' wages below those required by paragraph 2e above, provided that this provision shall not be construed to prohibit charges for board or reimbursement for other indebtedness incurred by the workers.
  • h. The Employer shall pay to the Government in trust for each such worker who has been transported by the Government from Mexico for employment in the United States, ten (10) percent of his wages and of the subsistence allowance provided for by paragraph 2c, which portion of his wages and subsistence allowance such worker will have assigned to the Government in trust, to be hold or controlled and disposed of by the Government under the terms of its agreement with the worker. This payment shall be made to the government upon request, and in no event more than 10 days after the termination of the contract period.
  • i. The workers shall be entitled to the benefit and protection of all applicable child labor, and other laws and regulations of the Government and of the State or States in which the work is performed, and the Employer shall provide Workmens Compensation Insurance for all workers employed hereunder during the period of employment. A copy of the Compensation Insurance policy or evidence thereof shall be furnished.
  • j. The workers shall not be required to purchase articles or services for consumption or use by them or their families at any source not of their choice.
  • k. The worker shall be entitled to freedom from discrimination in employment because of race, creed, color, or national origin, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.
  • l. The Employer shall make available to the workers and their families, without charge, such shelter facilities as are owned by the Employer and are not otherwise occupied within the period of employment, and
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    being provided further, that if any of these workers are housed in facilities owned by the Government, the workers will be transported to the job and returned each day by the Employer without cost to the worker.
  • m. The workers shall have the right to join with other workers in the election of representatives to bargain and negotiate with the Employer; provided, however, that any of the workers who have been transported by the Government from Mexico for employment shall join only with other such workers transported from Mexico, and shall elect their representatives from such workers.
  • n. There shall be no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the workers and the Employer shall be determined by mediation according to procedure prescribed by the Government.

3. The Employer shall pay to the Government the sum of $5.00 for each such worker transported to one of the destination point(s) by the Government. Each payment shall be made upon demand by the Government after the arrival of the worker at one of the destination point(s). The Employer at the time of the execution of this agreement shall deposit with the Government as an advance to be applied by it to the payment of said sums, the sum of $_________________________.

4. The Employer shall furnish board to the worker without profit to the Employer and in no event shall the charge for such board exceed $_________________________ per day per worker; provided, however, that if a majority of the workers in each grower-unit of the Association under this contract shall prefer to prepare their own food or obtain board elsewhere, the Employer shall not be obligated to furnish board to any of the employees, but if requested shall use his best efforts to assist them in obtaining cooking equipment.

5. The Government shall determine from time to time, and its determination shall be conclusive, whether the Employer has paid all sums to be paid by him hereunder, and shall have the right to pay (as subsistence allowances or otherwise) to the persons it determines to be entitled thereto all or any part of any such sums which it determines have not been paid, in which case the Employer shall repay to the Government, upon demand by it, all sums so paid, together with interest thereupon at the rate of five (5) percent per annum from the date or dates of such payments by the Government.

6. The Employer shall keep full and complete records of the employment and wages of each worker under this agreement, using for such purposes forms to be supplied by the Government. Such records shall be at all times open to inspection and examination by the Government, which shall be entitled to make copies thereof. The Employer shall also file with the Government such reports concerning said employment and wages as the Government may from time to time require.

7. The Employer shall immediately furnish the Government with a performance bond in the penal sum of $_________________________, in the form and with a surety company approved by the Government, conditioned upon the performance by the Employer of all the terms and undertakings of this agreement and upon the prompt payment by the Employer to the workers and the Government of all sums due to them or any of them hereunder.


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8. All rights, privileges, and powers conferred herein by the Government shall be exercised in its behalf by the Administrator of the Farm Security Administration, United States Department of Agriculture, or his duly authorized representative.

IN WITNESS WHEREOF, the Government and the Employer have executed this agreement as of the date first above written.

United States of America

By _________________________
_________________________
Farm Security Administration
United States Department of Agriculture
_________________________
By _________________________
Chairman
Witness:
_________________________


1

HOUSING STANDARDS FOR FSA IMPORTED WORKERS IN CALIFORNIA

  • 1. Housing structure - Cabins, bunkhouses, former residences or tents in good condition shall be located on ground not subjected to flood; shall be reasonably proofed against weather and in safe structural condition. Floors, walls and ceilings shall be clean. Floors shall be wood or concrete. Floor space shall be approximately sixty square feet (60 sq. ft.) per person. If used for family housing, each family shall have a segregated area at least twelve feet by fourteen feet (12' × 14') in area. If housing is used for food preparation or mess hall purposes, doors and windows shall be screened flytight. Provisions shall exist for scouring and scalding cooking and eating utensils.
  • 2. Furniture and fixtures - Beds, cots or wooden bunks shall be provided together with mattresses or straw ticks. Minimum vertical clearance between beds or bunks shall be twenty inches (20"). Chairs, stools or benches shall be provided. Provisions shall exist for feeding the workers or facilities shall be furnished for the workers to prepare their own food, if they so desire. If the workers elect to prepare their own food, places for purchase of food necessities at standard market prices shall be readily accessible, or made accessible with the assistance of the employer.
  • 3. Bathing and Laundry Facilities - Some facilities shall exist for bathing, either shower bath or tub. If showers are provided, there shall be one head for not more than each fifteen (15) men. If tubs are furnished, there shall be one for every fifteen (15) men. Hot water is not required. Provisions shall be made for washing clothes. If tubs are provided for bathing, they need not be duplicated for washing clothes. One laundry tray or tub shall be provided for each fifteen (15) workers. Provisions shall be made for heating hot water for washing clothes.
  • 4. Sanitation - Toilets shall be flush type or pit privy. There shall be at least one toilet seat for each fifteen (15) persons. If pit privies are used, they shall be located out of swales and out of the path of rain water run-off. Privies shall not be located over irrigation cannels [sic] or streams. Privies shall be located at least one hundred feet (100') from well used for domestic water supply. Privies shall be flytight and seats covered. Privies shall be at least seventy-five feet (75') from sleeping quarters. Drainage from showers, sinks or flush toilets shall be run through a covered drain to a covered cesspool or septic tank. Flytight covered receptacles shall be provided for garbage or refuse. Such garbage shall be disposed of by burying, burning or hauling away. Grounds around the camp shall be kept clean.
  • 5. Water Supply - Pure water for drinking and bathing shall be readily available. One hose bibb or spigot shall be provided for every thirty (30) men. Supply shall be capable of providing at least fifteen (15) gallons per person per day.
  • 6. Convenience - First aid kit shall be available at every camp. In case of necessity, transportation shall be provided to doctor or hospital.

This outline of housing standards includes all requirements of the State Labor Code and the California State Division of Immigration and Housing.


1

COOPERATIVE EMPLOYMENT AGREEMENT

UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION

THIS COOPERATIVE EMPLOYMENT AGREEMENT Made this _________________________ day of _________________________, 194_, between the United States of America, hereinafter called the "Government," and _________________________, a corporation organized and existing under and by virtue of the laws of the State of _________________________ hereinafter called the "Employer."

WITNESSETH:

WHEREAS, The Government and the Employer wish to cooperate in making agricultural workers available to alleviate the present shortage of agricultural labor and to aid in the successful prosecution of the war.

NOW, THEREFORE, in consideration of the undertakings hereinafter stated, the Government and the Employer agree as follows:

1. The Government shall use its best efforts to recruit and transport agricultural workers for employment by the Employer, from points of origin or intermediate points in the United States or Mexico, to _________________________, _________________________, _________________________, _________________________, and _________________________, all in the State of _________________________, hereinafter called "destination points," and, upon completion of that employment, to the points of origin, or to such intermediate points in the United States as the Government shall determine to be proper.

2. The Employer shall employ, exclusively as agricultural workers, _____ agricultural workers (if transported by the Government to the destination points designated above, not later than _________________________, 194_____, the number of workers to be transported to each destination point being as follows:

). for, as to each worker, at least seventy-five (75) percent of the work days, each day in the week except Sunday to be considered a work day, between the day following the day of the arrival of such worker at the destination point of such worker and _________________________, 194_____, hereinafter called the "period of employment," upon the following terms:

  • a. The Employer shall be required to furnish such employment to a worker hereunder only so long as the worker is ready, willing, and able to work under the supervision and direction of the Employer or its duly authorized representative; but shall not require the worker to work on Sundays.
  • b. The Employer shall give each such worker a minimum subsistence allowance of $3 per day for each work day within said minimum of seventy-five (75) percent of the work days that he is not so employed; provided, however, that no subsistence allowance shall be made for work days in which the worker is unemployed as the result of his refusal to work or his illness or other physical incapacity. The amount of such subsistence allowance, if any, shall be computed and payment thereof shall be made at the end of the employment period.

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  • c. A work day shall contain not less than eight hours nor more than twelve hours; provided, however, that to determine the amount of employment under this paragraph, hours of work done on any day less than a work day (as above defined) may be added to hours of work done on other days (other than Sundays) not constituting work days, and for such purpose each ten hours of work shall be counted as a work day.
  • d. Work shall be paid for in lawful money of the United States Government at the end of each week of work, at not less than the prevailing wage rates within the particular area of employment; provided, however, that piece work rates, for work to be performed upon that basis, shall be set, so as to enable the workers, if of average ability, to earn not less than the prevailing wages; provided, further that the wage rates set for either hourly or piece work shall in no event be loss than 30 cents per hour; and, provided further, that if and while the wage rates paid to other workers for similar work is higher than such prevailing wage rates any worker transported pursuant to this agreement shall be paid at such higher rates. The prevailing wage rates shall be conclusively determined by the Government.
  • e. The Employer shall pay all costs of transportation of the workers (and the members of their families transported with them by the Government to the above-specified point of destination) between said destination point and the place or places at which the workers are to perform their work.
  • f. No deductions from wages shall be made for commissions, fees, or any other purpose (except as may be required by law), which shall have the effect of reducing the workers' wages below those required by paragraph 2 d above, provided that this provision shall not be construed so as to prohibit charges for board or reimbursement for other indebtedness incurred by the workers.
  • g. The Employer shall pay to the Government in trust for each such worker who has been transported by the Government from Mexico for employment in the United States, ten (10) percent of his wages and of the subsistence allowance provided for by paragraph 2 b, which portion of his wages and subsistence allowance each such worker will have assigned to the Government in trust, to be held or controlled and disposed of by the Government under the terms of its agreement with the worker.
  • h. The workers shall be entitled to the benefit and protection of all applicable child labor, compensation, and other laws and regulations of the Government and of the State or States in which the work is performed.
  • i. The workers shall not be required to purchase articles or services for consumption or use by them or their families at any source not of their choice.

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  • j. The worker shall be entitled to freedom from discrimination in employment because of race, creed, color, or national origin, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.
  • k. The Employer shall make available to the workers and their families, without charge, such shelter facilities as are owned by the Employer and are not otherwise occupied within the period of employment.
  • l. The workers shall have the right to join with other workers in the election of representatives to bargain and negotiate with the Employer; provided, however, that any of the workers who have been transported by the Government from Mexico for employment shall join only with other such workers transported from Mexico, and shall elect their representatives from such workers.
  • m. There shall be no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the workers and the Employer shall be determined by mediation according to procedure prescribed by the Government.

3. The Employer shall pay to the Government, to be held and expended by it in trust, subject to the terms of this cooperative agreement, the sum of $5.00 for each such worker transported to the above named destination point by the Government. Each payment shall be made upon demand by the Government after the arrival of the worker at the specified destination point. The Employer at the time of the execution of this agreement shall deposit with the Government as an advance to be applied by it to the payment of said sums, the sum of $_________________________. The Government shall refund to the Employer as soon as practicable after termination of employment hereunder, such part of the sum so deposited as the Government is not entitled to under the first two sentences of this paragraph.

4. The Government shall determine from time to time, and its determination shall be conclusive, whether the Employer has paid all sums to be paid by him hereunder, and shall have the right to pay (as subsistence allowances or otherwise) to the persons it determines to be entitled thereto all or any part of any such sums which it determines have not been paid, in which case the Employer shall repay to the Government, upon demand by it, all sums so paid, together with interest thereupon at the rate of five (5) percent per annum from the date or dates of such payments by the Government, to be held and expended by the Government in trust subject to the terms of this cooperative agreement.

5. The sums paid to the Government under paragraphs 3 and 4 above shall be held by it in trust, and used and expended within and for the program (of which this agreement is a part) to provide an adequate supply and distribution of labor to produce, harvest, and process crops essential to the war effort. The Government may pool said sums with other funds available for said program, and shall not be required to keep separate accounts or records therefor.


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6. The Employer shall keep full and complete records of the employment and wages of each worker under this agreement, using for such purposes forms to be supplied by the Government. Such records shall be at all times open to inspection and examination by the Government, which shall be entitled to make copies thereof. The Employer shall also file with the Government such reports concerning said employment and wages as the Government may from time to time require.

7. All rights, privileges, and powers conferred herein by the Government shall be exercised in its behalf by the Administrator of the Farm Security Administration, United States Department of Agriculture, or his duly authorized representative.

IN WITNESS WHEREOF, the Government and the Employer have executed this agreement as of the date first above written.

UNITED STATES OF AMERICA

By_________________________
Corporate Seal
_________________________
(Official Title)
Farm Security Administration
United States Department of Agriculture
Attest:
_________________________ By_________________________
(Title)


1

Individual Work Agreement

INDIVIDUAL WORK AGREEMENT ENTERED INTO BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE FARM SECURITY ADMINISTRATION OF THE DEPARTMENT OF AGRICULTURE, HEREINAFTER REFERRED TO AS THE "PATRON", AND ........................., A MEXICAN LABORER HEREINAFTER REFERRED TO AS THE "WORKER".

DECLARATIONS

    DECLARATIONS
  • 1. The Government of the United States and the Worker mutually desire that the Worker be beneficially employed in the United States of America with a view to alleviate the present shortage of agricultural workers in that country and to cooperate in the successful prosecution of the war.
  • 2. The Worker declares that he is a Mexican national by birth, domiciled at ........................., .... years of age, ......................... (married or single).
  • 3. The Farm Security Administration of the Department of Agriculture of the United States of America is represented in the execution of this contract, by Mr. ........................., who has established his authority to the satisfaction of the Mexican authorities.
  • 4. The Worker satisfies the physical requirements for fulfilling this agreement, as evidenced by the attached certificate issued by the duly authorized officers of the Department of Health of Mexico and the United States Public Health Service. The Patron admits that such requirements have been met to its satisfaction, in view of which he agrees that this agreement may not be terminated due to the physical condition of the Worker or to any change in such condition that may occur during the period of employment; but the Patron may terminate the agreement immediately upon finding that the Worker is suffering from a heart, mental or venereal disease or has a chronic condition not contracted during or as a result of his employment in the United States, or if he has a contagious disease discovered while traveling from the point of origin to his destination in the United States.
  • 5. The Patron agrees to enter into agreements with the proprietor or administrator (hereinafter referred to as the Employer) of the farm or farms in the United States of America, upon which the Worker will work, under terms guaranteeing him proper compliance with the terms of this agreement, it being understood that the Patron will be responsible to the Worker and to the Mexican Government for such compliance.

THIS WORK AGREEMENT IS SUBJECT
TO THE FOLLOWING PROVISIONS:

    THIS WORK AGREEMENT IS SUBJECT
    TO THE FOLLOWING PROVISIONS:
  • 1. The Worker will be employed exclusively in agricultural work.
  • 2. The Worker will receive the same wages as those paid to other workers in the area of employment for similar work. Said wages will in no event be less than $0.30 (American currency) per hour. The computation of wages, according to the custom in the United States, covers any payment which may be due for the seventh day, as required by the Federal Labor Law of Mexico. Rates for piece work will be so determined that a worker of average ability will earn the prevailing wage established in the area of employment.

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  • 3. The Patron agrees that its representatives or agents will inform the Worker at the beginning of his work and as frequently thereafter as may be necessary, using the Spanish language in an adequate manner, concerning the wage rates to which he is entitled, and the housing conditions, medical attention and other facilities to which he is entitled by virtue of the provisions of this agreement.
  • 4. No deductions will be made from the wages of the Worker for commissions, fees or any other purpose (except as required by law) which will have the effect of reducing his wages below that provided for by Paragraph 2.
  • 5. The Worker agrees that ten (10) % of his wages may be deducted and authorizes the Patron to receive such amount from the Employer and to place it on deposit, to be refunded to him on his return to his place of origin, or as soon as practicable, in the form of credits to his account in the Agricultural Credit Bank of Mexico.
  • 6. The Worker accepts transportation, food, lodging, subsistence and work under the terms of this agreement and will execute all documents, receipts or instruments which the Patron may require in connection with this agreement.
  • 7. The Patron will furnish to the worker and to the members of his family named on the reverse side of this agreement, sanitary facilities and medical care identical to those enjoyed by other agricultural workers in the same area of employment.
  • 8. The Patron, at its expense, will transport or arrange for the transportation of the Worker and the members of his family named on the reverse side of this agreement and not in excess of 35 kilos (77 pounds) of personal effects for each member of the family (which shall not include household goods) from ........................., Mexico, to the point or points of destination within the United States where the Patron has determined the work will be performed, and return to point of origin.
  • 9. The Patron will furnish to the Worker and to the members of his family accompanying him all necessary food, medical care and subsistence needs during periods of travel.
  • 10. The Patron will make all arrangements necessary under the laws for the entry and exit of the Worker and members of his family accompanying him, to and from the United States.
  • 11. The Worker shall work from the day following his arrival at the point of destination in the United States until .........................
  • 12. The Worker will perform all work required of him with proper application, care and diligence during the term of this agreement under the direction and supervision of the Employers but he will not be required to work on Sundays.
  • 13. This agreement may be renewed upon its termination upon the express consent of the Worker and with the knowledge of the Mexican Government.

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  • 14. In the event the Patron should desire to utilize the services of a member of the family of the Worker, he may do so only with the full consent of the Worker and of the person whose services are desired, by the execution of a similar agreement in the presence of the Regional Director of the Farm Security Administration or his representative and with the previous consent of the appropriate Mexican Consul.
  • 15. Any member of the family under 14 years of age shall have the right to the same schooling as that received by children of other agricultural laborers in the area of employment in which the Worker may be working at any given time.
  • 16. The Worker shall not be required to purchase articles or services for consumption or use by him or his family in any establishment not of his own choice.
  • 17. The Worker will not be subject to discrimination in employment because of race, creed, color or nationality, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.
  • 18. Food, lodging, medical and sanitary services and other indispensable articles furnished to the Worker and to members of his family by the Patron or any Employer shall meet the reasonable minimum standards approved by the Patron.
  • 19. The Worker shall enjoy, as regards occupational diseases and accidents, the same guarantees enjoyed by other agricultural workers under the laws of the United States of America.
  • 20. The Worker designates the following persons as his economic dependents ......................... (names and addresses), whom he designates as the beneficiaries of the sums and indemnities to which he would be entitled under the law and this agreement.
  • 21. In the event the Worker should not be employed during the term of this agreement, as specified in Paragraph 11, such unemployment not being caused by his refusal to work or illness, 75% of the time for which he was contracted, the Patron will pay him $3.00 (American currency) per day for each day that he is not employed up to 75% of the work-days, which amount will be paid to him upon the termination of this agreement. If during his unemployment the Worker and members of his family are unable, upon the determination of the Patron, to supply their subsistence needs, he will receive necessary food, lodging, medical care and other subsistence needs. For the purpose of this paragraph, a day upon which the Worker works less than eight hours will not be considered a workday, and the hours worked on such days may be totalled, to determine the period of unemployment, in accordance with the procedure followed for other agricultural workers.
  • 22. In the event there should be an increase in the cost of living in the United States, the terms of the preceding paragraph will be subject to reconsideration, in accordance with the understanding between the Governments of Mexico and the United States.

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  • 23. The Worker shall have the right to join with other Mexican laborers admitted under the understanding between the Governments of Mexico and the United States in the election of representatives to negotiate with the Patron or Employers, such representatives to be members of the group electing them.
  • 24. All disputes between the Worker and his Employer or Employers shall be resolved through mediation, according to procedures established by the Government of the United States for agricultural workers.
  • 25. The Worker represents and warrants that he knows of no reason which would prevent him or his family from leaving or returning to Mexico, or entering or leaving the United States, as contemplated by this agreement. If the Worker or a member of his family shall not be permitted to leave Mexico or enter the United States, the Patron shall, at its expense, return the Worker and his family to their place of origin in Mexico. If after entrance into the United States the Worker or any member of his family becomes subject to deportation or removal therefrom under the Immigration or other laws of that country, or if the Farm Security Administration decides, after hearing the defense of the Worker, that the latter is unable or unwilling to work in accordance with the provisions of this agreement, or if the Worker or any member of his family violates any law of the United States, this agreement may forthwith and without notice be terminated by the Patron. Upon the termination of this agreement or upon the expiration of the period of employment provided for in paragraph 11, the Worker and his family shall immediately return to their place of origin in Mexico, at the expense of the Patron. If the Worker or any member of his family refuses so to return, the Patron may cause the Worker and his family to be removed to their place of origin.
  • 27. All rights, privileges and powers conferred by this agreement upon the Government of the United States shall be exercised by the Administrator of the Farm Security Administration of the Department of Agriculture of the United States or by its duly authorized representative.

Executed at Mexico, D. F., this _____ day of _________________________. 194_____


5

Mexico, D. F. September 10, 1942.

MEXICAN COMMISSIONERS

    MEXICAN COMMISSIONERS
  • /s/
  • Lic. Luis Fernandez del Campo, Chief of the Office of Social Prevision, Department of Labor and Social Prevision.
  • Dr. Abraham J. Navas, Assistant Chief of the Office of Social Information, Department of Labor and Social Prevision.

AMERICAN COMMISSIONERS

    AMERICAN COMMISSIONERS
  • /s/
  • Laurence I. Hewes, Jr., Assistant to the Administrator, Farm Security Administration, United States Department of Agriculture.
  • Gilbert Sussman Regional Attorney, Office of the Solicitor, United States Department of Agriculture.

1

AGREEMENT OF AUGUST 4, 1942 FOR THE TEMPORARY MIGRATION OF MEXICAN AGRICULTURAL WORKERS TO THE UNITED STATES AS REVISED ON APRIL 26, 1943, BY AN EXCHANGE OF NOTES BETWEEN THE AMERICAN EMBASSY AT MEXICO CITY AND THE MEXICAN MINISTRY FOR FOREIGN AFFAIRS

"General Provisions

"1) It is understood that Mexicans contracting to work in the United States shall not be engaged in any military service.

"2) Mexicans entering the United States as a result of this understanding shall not suffer discriminatory acts of any kind in accordance with the Executive Order No. 8802 issued at the White House June 25, 1941.

"3) Mexicans entering the United States under this understanding shall enjoy the guarantees of transportation, living expenses and repatriation established in Article 29 of the Mexican Federal Labor Law as follows:

`Article 29. - All contracts entered into by Mexican workers for lending their services outside their country, shall be made in writing, legalized by the municipal authorities of the locality where entered into and visaed by the Consul of the country where their services are being used. Furthermore, such contract shall contain, as a requisite of validity of same, the following stipulations, without which the contract is invalid.

`I. Transportation and subsistence expenses for the worker, and his family, if such is the case, and all other expenses which originate from point of origin to border points and compliance of immigration requirements, or for any other similar concept, shall be paid exclusively by the employer or the contractual parties.

`II. The worker shall be paid in full the salary agreed upon, from which no deductions shall be made in any amount for any of the concepts mentioned in the above sub-paragraph.

`III. The employer or contractor shall issue a bond or constitute a deposit in cash in the Bank of Workers, or in the absence of same, in the Bank of Mexico, to the entire satisfaction of the respective labor authorities, for a sum equal to repatriation costs of the worker and his family, and those originated by transportation to point of origin.

` Once the employer establishes proof of having covered such expenses or the refusal of the worker to return to his country, and that he does not owe the worker any sum covering salary or indemnization to which he might have a right, the labor authorities shall authorize the return of the deposit or the cancellation of the bond issued."

"It is specifically understood that the provisions of Section III of Article 29 above-mentioned shall not apply to the Government of the United States notwithstanding the inclusion of this section in the agreement, in view of the obligations assumed by the United States Government under Transportation (a) and (c) of this agreement.

"4) Mexicans entering the United States under this understanding shall not be employed to displace other workers, or for the purpose of reducing rates of pay previously established.

"In order to implement the application of the general principles mentioned above the following specific clauses are established:

"(When the word `employer' is used hereinafter it shall be understood to mean the Farm Security Administration of the Department of Agriculture of the United States of America; the word `sub-employer' shall mean the owner or operator of the farm or far in the United States on which the Mexican will be employed; the word `worker' herein


2
after used shall refer to the Mexican farm laborer entering the United States under this understanding.)

"Contracts

"a. Contracts will be made between the employer and the worker under the supervision of the Mexican Government.

(Contracts must be written in Spanish.)

"b. The employer shall enter into a contract with the sub-employer, with a view to proper observance of the principles embodied in this understanding.

"Admission

"a. The Mexican health authorities will, at the place whence the worker comes, see that he meets the necessary physical conditions.

"Transportation

"a. All transportation and living expenses from the place of origin to destination, and return, as well as expenses incurred in the fulfillment of any requirements of a migratory nature shall be met by the Employer.

"b. Personal belongings of the workers up to a maximum of 35 kilos per person shall be transported at the expense of the employer.

"c. In accord with the intent of Article 29 of the Mexican Federal Labor Law, quoted under General Provisions (3) above, it is expected that the employer will collect all or part of the cost accruing under (a) and (b) of Transportation from the sub-employer.

"Wages and Employment

"a. (1) Wages to be paid the worker shall be the same as those paid for similar work to other agricultural laborers under the same conditions within the same area, in the respective regions of destination. Piece rates shall be so set as to enable the worker of average ability to earn the prevailing wage. In any case wages for piece work or hourly work will not be less than 30 cents per hour.

"a. (2) On the basis of prior authorization from the Mexican Government salaries lower than those established in the previous clause may be paid those emigrants admitted into the United States as members of the family of the worker under contract and who, when they are in the field, are able also to become agricultural laborers but who, by their condition of age or sex, cannot carry out the average amount of ordinary work.

"b. The worker shall be exclusively employed as an agricultural laborer for which he has been engaged; any change from such type of employment or any change of locality shall be made with the express approval of the worker and with the authority of the Mexican Government.

"c. There shall be considered illegal any collection by reason of commission or for any other concept demanded of the worker.

"d. Work of minors under 14 years shall be strictly prohibited, and they shall have the same schooling opportunities as those enjoyed by children of other agricultural laborers.

"e. Workers domiciled in the migratory labor camps or at any other place of


3
employment under this understanding shall be free to obtain articles for their personal consumption, or that of their families, wherever it is most convenient for them.

"f. The Mexican workers will be furnished without cost to them with hygienic lodgings, adequate to the physical conditions of the region of a type used by a common laborer of the region and the medical and sanitary services enjoyed also without cost to them will be identical with those furnished to the other agricultural workers in the regions where they may lend their services.

"g. Workers admitted under this understanding shall enjoy as regards occupational diseases and accidents the same guarantees enjoyed by other agricultural workers under United States legislation.

"h. Groups of workers admitted under this understanding shall elect their own representatives to deal with the employer, but it is understood that all such representatives shall be working members of the group.

"The Mexican Consuls, assisted by the Mexican Labor Inspectors, recognized as such by the employer will take all possible measures of protection in the interests of the Mexican workers in all questions affecting them, within their corresponding jurisdictions, and will have free access to the places of work of the Mexican workers. The employer will observe that the sub-employer grants all facilities to the Mexican Government for the compliance of all the clauses in this contract.

"i. For such time as they are unemployed under a period equal to 75% of the period (exclusive of Sundays) for which the workers have been contracted they shall receive a subsistence allowance at the rate of $3.00 per day.

"For the remaining 25% of the period for which the workers have been contracted during which the workers may be unemployed when such unemployment is not due to their unwillingness to work they shall receive lodging and subsistence without cost to them.

"Should the cost of living rise this will be a matter for reconsideration.

"The master contracts for workers submitted to the Mexican Government shall contain definite provisions for computation of subsistence and payments under the understanding.

"j. The term of the contract shall be made in accordance with the authorities of the respective countries.

"k. At the expiration of the contract under this understanding, and if the same is not renewed, the authorities of the United States shall consider illegal, from an immigration point of view, the continued stay of the worker in the territory of the United States, exception made of cases of physical impossibility.

"Savings Fund

"a. The respective agencies of the Government of the United States shall be responsible for the safekeeping of the sums contributed by the Mexican workers toward the formation of their Rural Savings Fund, until such sums are transferred to the Wells Fargo Bank and Union Trust Company of San Francisco for the account of the Bank of Mexico, S.A., which will transfer such amounts to the Mexican Agricultural Credit


4
Bank. This last shall assume responsibility for the deposit, for the safekeeping and for the application, or in the absence of these, for the return of such amounts.

"b. The Mexican Government through the Banco de Credito Agricola will take care of the security of the savings of the workers to be used for payment of the agricultural implements, which may be made available to the Banco de Credito Agricola in accordance with exportation permits for shipment to Mexico with the understanding that the Farm Security Administration will recommend priority treatment for such implements.

"Numbers

"As it is impossible to determine at this time the number of workers who may be needed in the United States for agricultural labor employment, the employer shall advise the Mexican Government from time to time as to the number needed. The Government of Mexico shall determine in each case the number of workers who may leave the country without detriment to its national economy.

"General Considerations

"It is understood that, with reference to the departure from Mexico of Mexican workers, who are not farm laborers, there shall govern in understandings reached by agencies of the respective Governments the same fundamental principles which have been applied here to the departure of farm labor.

"It is understood that the employers will cooperate with such other agencies of the Government of the United States in carrying this understanding into effect whose authority under the laws of the United States are such as to contribute to the effectuation of the understanding.

"Either Government shall have the right to renounce this understanding, giving appropriate notification to the other Government 90 days in advance.

"This understanding may be formalized by an exchange of notes between the Ministry of Foreign Affairs of the Republic of Mexico and the Embassy of the United States of America in Mexico."

In accepting the above text as the arrangement under which Mexican agricultural workers shall be recruited and employed in agricultural work in the United States by Government agrees that all the conditions set forth in the revised agreement will apply equally to those agricultural workers already in the United States or on their way to the United States under individual work agreements as well as to those who may be recruited for such work in the future.


1

[Letter from G.S. Messersmith to Secretary of Agriculture, Claude R. Wickard, July 22, 1942]

C O P Y

Mexico, July 22, 1942

The Honorable Claude R. Wickard
Secretary of Agriculture
Washington, D.C.

My dear Secretary Wickard:

I am writing you immediately following our telephone conversation this morning in which Major Walker and Mr. Meeker joined. There is some background which I think may be helpful.

The draft agreement which was forwarded by Major Walker to Mr. Baldwin by the air mail yesterday morning represents the result of the conversations between Walker, Meeker, and McGurk of this Embassy with the three representatives of the Mexican Government. You will recall that after the last conversation which you and I had with Senor Padilla they immediately started to work and have been at it continuously. The draft agreement which has been sent to Mr. Baldwin I have gone over very carefully and I think it is in far better form than we could have possibly hoped for at the outset. I went over it three or four times yesterday and before we talked with you this morning, and it is my considered opinion that the agreement is in shape that we can accept it, so far as our Government is concerned, and that it is very satisfactory.

I think they have done a fine job and laid a sound basis, on the principle we had agreed upon while you were here.

I realize that there is one variation of fundamental importance: that we are primarily responsible for the recruiting and selection of the labor. Padilla had insisted strongly that the Mexicans do this. When we came down to it we found that under the Mexican Constitution and law they could not do it. Of this there is no doubt. Padilla did not realize this when he spoke so strongly on this subject, and of course as it is a matter of the Constitution and law he cannot do anything about it.

As a matter of fact, if we are to get this labor it is better that we should do the recruiting and selecting. It is one point which has bothered me from the outset, because I think with the best will in the world, if our Mexican friends were going to do it we would find the recruiting and selection slow, influenced by local and sometimes political factors, and I fear that we would not get, with the best will on the part of the Mexican Government at the top, the kind of people whom we want and whom the Mexicans want to have go. This recruitment and selection, if it were done by the Mexicans, would be done by lower officials who would not necessarily be guided by the high principles of those with whom we have been talking. To insure the success of the plan from our point of view and that of the Mexicans, it is better that we do the recruitment, for in that way we will get the people we want and whom the Mexicans really want to have go.

Of course the Mexican Government will receive the applications from those who wish to go and collaborate with us in the various areas. But it is we who will make the selection.


2

If we wish to have this labor from Mexico and have the agreement go through right in actual performance, we shall have to carry through the selection.

The arrangement is one between Governments and the Mexican Government takes it for granted that it is the Farm Security Administration which will be responsible primarily under our Government for our end of it. This is essential for the carrying through of the agreement. It may be necessary for the Farm Security Administration to have the collaboration of the Employment Bureau at home to carry through the actual recruiting and selection here. It is for this reason that I suggested to you that when the Mexicans and you have agreed to these terms we have sent you, the President give his approval and indicate to the other agencies of our Government that they are either to keep their hands off or to collaborate with you and the Farm Security Administration in such ways as are necessary to meet the end desired. We shall never get anywhere in practice if your Department and the Farm Security Administration do not have the primary and in fact the sole responsibility for carrying this through. It will be necessary, in my opinion, for the President to say categorically to other agencies such as the Employment Bureau, Immigration, and Public Health, that they are to cooperate with you.

The number of people which the Employment Bureau would send down here to collaborate with the Farm Security Administration people in the actual recruitment would not be considerable, and the funds needed for this purpose in Mexico would be small. It is the Farm Security Administration, however, who should have the major responsibility and voice in these matters, and not the Employment Bureau, which in this case should act as the agent of the Farm Security Administration.

One of the things we wish to avoid is to have people turned back at the border. This means collaboration with the Immigration authorities and the Public Health Service. Although we want this labor, we must have our health standards protected, and they are pretty severe. As things go at home, the examination at the border would be made when the workers are admitted by the Immigration Service, by the Public Health Service. The Immigration Service has for its function the determining of the general admissibility of the worker. The Public Health Service is responsible for determining whether the worker meets our health requirements, as set forth in the law. So far as immigration is concerned, if these workers are selected by the Farm Security Administration with the collaboration of the Employment Bureau at points of recruitment in Mexico, then there should be no question about admission from the purely immigration point of view when the workers arrive at the border. Each would arrive with a contract entered into by the Farm Security Administration with him. This contract is the guarantee that the worker has been selected with due regard to his capacity to do the job desired. The immigration, therefore, at the frontier for the worker who has a contract should be a pure matter of form and the question of bonds, etc. should not arise. It would be ridiculous for us, when we want these laborers and have these arrangements with the Mexican Government and have a contract with the individual laborer by any agency of our Government, to have the Immigration insist on bonds or unnecessary red tape, and formalities.


3

So far as Public Health Service is concerned and the physical examination of the alien, I think we should do this at the recruiting points in Mexico, and to this end the Public Health Service should agree to designate anywhere from five to ten of its medical officers for the temporary period necessary for recruitment, and for service in Mexico with the Farm Security Administration and the Employment Bureau. These medical officers would make the same examination at the point of recruitment which would ordinarily be made at the border. We have ample precedent for this, as Immigration and Public Health well know, for we have for a number of years had our Public Health medical officers stationed in Europe and other places, in our Consulates, where they have made the medical examination required by our immigration laws which would otherwise have been made at the port of arrival in the United States.

If we carry through this arrangement, then when the workers arrive at the border who have been selected by the Farm Security and the Employment Bureau at the interior points in Mexico, there remains only the formality of the immigration authorities registering their entry and seeing that they have the appropriate contract with the Farm Security Administration. I feel confident, however, that to carry this through and to get the full cooperation of Immigration and not to have unnecessary obstacles put in the way, it will be necessary for you to see the President and explain the whole situation to him and ask him to give the necessary instructions to Immigration and Public Health to cooperate.

I am sure that if you will show this draft agreement to the President he will be pleased with it, for it meets, I am confident, his own ideas so thoroughly. He will understand that the objective is in the national interest and that other agencies of the Government cannot interpose difficulties but must collaborate if they are in a position to collaborate and if the Farm Security Administration wishes it, or otherwise keep hands off.

An arrangement of this kind can only be possible between the two Governments. This means that agencies of both Governments must collaborate for the main objective and not raise unnecessary difficulties.

The draft agreement which Major Walker has sent to Mr. Baldwin will be submitted to President Avila Camacho today. If he agrees to it, we will be able to let you know on Thursday morning, July 23rd. Then there remains only your agreement. If you are in agreement, then I think it would be advisable to get the President's blessing for the whole project, which in a preliminary way it already has, as he has made available this amount from the emergency fund for the Farm Security Administration.

When there is this agreement between the Mexicans and you on this draft, then it should be taken up with the State Department, which should be asked to instruct me to make the arrangement effective through an exchange of notes with the Mexican Government, by me and the Foreign Office here. This exchange of notes would be a very simple one and presents no difficulties.

Again I wish to say that I have studied this agreement very carefully and I do not see how we could improve on it. I think you will be pleased with it also. Whatever internal arrangements we have to make, to make it effective from


4
our end, we will have to carry through at home and we must not, as you will readily understand, complicate the situation by bringing up too many problems with the Mexicans. This would indefinitely complicate and delay the arrangement. The agreement as submitted covers all the details which have to be arranged between the two Governments.

It was fine to hear your voice this morning and I hope the trip home on the train was not too difficult. Please do not hesitate to call me on the 'phone if there is any detail or phase of the matter which you wish to have clarified.

GSM:KCT

With every good wish, believe me
Cordially and faithfully yours,
G. S. MESSERSMITH


1

Enclosure No. 3 to despatch No. 3153 of August 5, 1942, from the American Embassy at Mexico City.

COPY

Ministry of Foreign Relations
Mexico, D. F.

August 4, 1942.

His Excellency, George S. Messersmith,
Ambassador of the United States of America
Mexico, D. F.

No. 312

I have the honor to refer to the matter presented by the Embassy regarding the possibility that the Mexican Government authorize the departure of Mexican workers to the United States, and the conditions under which this emigration could be effected.

This Ministry considers itself obliged to point out, above all, the importance at the present time of the country maintaining its man power intact as it is indispensable for the development of the continental defense program in which the intensification of activities and especially agricultural production are outstanding. However, having explained to the President of the Republic the need for workers in certain zones of the United States, and the Chief Executive being desirous of not limiting the cooperation it has been offering to the Government you so worthily represent, has seen fit to declare that in accordance with the resources of the Nation, no obstacles be placed on the departure of these nationals desiring to emigrate temporarily, for doing whatever work is necessary, and that no more essential conditions be established than those which existing conditions require, and those legal ordinances in effect in both countries.

For the purpose of determining the scope of this matter it was agreed, as Your Excellency knows, to treat as between State and State, and in order to study the case in all its aspects, it was deemed necessary to hold a meeting of Mexican and American experts who have just finished their work and have presented their recommendations which, duly subscribed to, are being enclosed with this communication.

The conclusions under reference have been carefully studied and the Government of Mexico grants them its full approval. I beg Your Excellency to take the necessary steps so that the Government of the United States of America, if it deems necessary, do likewise in order to conclude this matter, and consequently, to issue the necessary instructions pertinent to the case to the various department officials which should intervene, and in this way the agreement which has been happily reached will have the desired effect immediately.

I take this opportunity to assure Your Excellency of my highest and most distinguished consideration.

Enclosures


1

Enclosure No. 1 to despatch No. 3153 of August 5, 1942, from the American Embassy at Mexico City.

COPY

August 4, 1942

His Excellency, Senor Lic. Ezequiel Padilla
Minister for Foreign Affairs
Mexico

Excellency:

No. 503

I have the honor to acknowledge the receipt of Your Excellency's Note No. 312 of August 4, 1942, regarding the temporary migration of Mexican workers to the United States to engage in agricultural work, the subject matter of which was presented by the Embassy some days ago.

Due note has been taken of the considerations expressed in Your Excellency's Note under acknowledgment with respect to the maintenance of indispensable labor within the Republic of Mexico for the development of the Continental Defense Program, especially agricultural production, to which the Government of Mexico is committed. My Government is fully conscious of these commitments and at the same time is deeply appreciative of the attitude of His Excellency President Manuel Avila Camacho for the sincere and helpful manner in which he has extended the cooperation of the Government of Mexico within the resources of the Nation to permit Mexican nationals temporarily to emigrate to the United States for the purpose of aiding in our own agricultural production.

In order to determine the scope of the conditions under which Mexican labor might proceed to the United States for the purpose set forth above, it was agreed that the negotiations should be between our two Governments, and Your Excellency was kind enough to arrange for the meeting of Mexican and American representatives to submit recommendations which they have duly completed. Your Excellency was good enough to enclose a copy of these recommendations in the Spanish with your Note under reference.

My Government accepts these recommendations as a satisfactory arrangement, and I am authorized to inform Your Excellency that my Government will place this arrangement in effect immediately, and in confirmation thereof I attach hereto the English text of the arrangement as agreed upon.

Accept, Excellency, the renewed assurances of my highest and most distinguished consideration.

JFM/re
Enclosure


1

[Letter to the Mexican Minister for Foreign Affairs, Licenciado Ezequiel Padilla, August 19, 1942]

August 19, 1942

His Excellency, Senor Licenciado Ezequiel Padilla
Minister for Foreign Affairs, Mexico

Excellency:

No. 548

I have the honor to refer to the arrangement of August 4, 1942, relating to the temporary migration of Mexican workers to the United States to engage in agricultural work, and in accordance with instructions of my Government, to inform Your Excellency that my Government now desires information with respect to the areas the Mexican authorities may wish to designate as suitable for the recruitment of workers and the number of individuals who may be recruited from each area on the assumption that an outside maximum of five thousand workers could probably be recruited for work this Autumn from October 1st through December 15th, to work only in California and Arizona in harvesting sugar beets and long staple cotton. This information is required for developing my Government's procedures and mechanisms for carrying out the responsibilities for the Farm Security Administration under the agreement.

In connection with the recruitment of Mexican workers and prior to their departure from Mexico the United States Public Health Service has agreed to make special personnel available at the points of recruitment to conduct the necessary physical examinations of the workers so that no difficulties will be encountered at the time they cross the border.

It would also be helpful to know how many and what type of personnel the Mexican Authorities propose to make available at recruitment centers.

The United States Farm Security Administration has provisionally designated Mr. Laurence I. Hewes, Jr., its Regional Director in San Francisco, California to administer the migratory problem in Mexico this year. In this relation it would be most helpful if the Mexican Government would designate an opposite number to Mr. Hewes who would have authority to speak on behalf of the Mexican Government in regard to matters which affect it. Such action would greatly facilitate and expedite the operation. This would also enable Mr. Hewes and the Mexican designee informally to discuss various operating problems as they arise and subject to the approval of higher authority to tentatively work out the machinery for handling the various operations thereby eliminating and ironing out single details of operation and avoiding lengthy intra- and inter Governmental negotiations at higher levels.

With Your Excellency's permission I would like to suggest that Mr. Abraham J. Navas, the gentlemen who signed the agreement with Mr.


2
Hidalgo on the part of the Mexican Government, be designated as the opposite number to the Mr. Hewes mentioned in the foregoing paragraph.

Accept, Excellency, the renewed assurances of my highest and most distinguished consideration.

JFM/rc


1

PRESIDENT AVILO CAMACHO'S DECREE

There follows a copy of the Decree of the President of the Republic of Mexico pointing out the functions of each executive department in the contracting of Mexicans:

"The urgent necessity of regulating the departure of Mexican workers to foreign countries inspired the Presidential Decree No. 790, dated May 8th last, by means of which an Intersecretarial Commission was instituted to study the different aspects of the problem and propose the measures considered necessary in order that the migration of our citizens be effected without prejudice to the national economy, and with the guarantees which our laws establish for the purpose.

"After the opinion of the above mentioned Commission had been seen; also the request made by the Government of the United States of America, through its Embassy in Mexico, in order that Mexican labor might leave the country to the United States, and finally, after seeing the recommendations formulated by the experts commissioned by both Governments, which have met in the capital with the purpose of examining the subject, has seen fit to dictate the following Decree:

"THE SECRETARIAT OF FOREIGN RELATIONS will conduct the necessary diplomatic relations to obtain the assurance that our fellow-citizens, upon going to work to the United States, will not be affected by the Law of North American Military Service, will not be the victims of discriminatory acts, will not be employed to displace other workers nor will be used to lower salaries previously established, and that they will not be admitted without the contracts ordered in article 29 of the Federal Labor Law. The contracting must be made temporary and the respective arrangements will be effected between State and State.

"THE SECRETARIAT OF LABOR AND SOCIAL PREVISION will be the agency of the Executive in charge of executing the economic arrangement which the Secretariat of Foreign Relations - with the advice of the Secretariat of Labor - might effect with the Government of the United States of North America; will take care that the contracts are in accordance with the guarantees established for the workers in the respective law; will watch the interior distribution of our elements of work, avoiding that the contracting of such workers might interfere with the intensive program of national production; will procure the close cooperation of the workers' associations; will take the measures considered convenient to avoid that low salaries paid in Mexico might stimulate the departure of our fellow-citizens, and shall finally fix the proportions of the deposits constituted by the workers and which have the guarantee of the contractors for the initiation of their fund of Farmer's Savings, which savings the American Government will preferably deliver in agricultural implements which may give the workers the opportunity to dedicate themselves, upon their return, to small cultivation of their property.

"THE SECRETARIAT OF STATE, on its part, within the functions assigned to it by article 7th of the Population Law, will avoid the clandestine departure of our workers; will procure the close cooperation of the local governments, in what relates to this matter and especially in what refers to the intervention which Article 29 of the General Labor Law grants to the municipal authorities, in the contracting of workers for foreign countries; will prevent the disorders which an excessive propaganda on the part of the agents might cause, and will, through an adequate publicity, instruct interested parties in the benefits established by the contracts.

"THE SECRETARIAT OF AGRICULTURE will have the right to determine that the agricultural implements of the workers which the American Government delivers as coming from the fund of the Farmers Savings, above mentioned, be received by the National Bank of Agricultural Credit; and in time will propose to the Chief of the Executive a colonization plan of the elements coming back to the country, with the purpose that they might dedicate themselves to their own cultivation of lands, in accordance with the importance or volume of the fund constituted, and with the aid which the Federal Government might afford them.

"THE DEPARTMENT OF PUBLIC HEALTH will take care, that in the place of residence of the workers all those destined to work abroad fill the necessary physical conditions, in behalf of themselves and their families.

"At the National Palace, on the fourth day of August, 1942."

  • The Constitutional President of the United States of Mexico, Manuel Avila Camacho
  • The Secretary of Foreign Relations, Attorney Ezequiel Padilla
  • The Secretary of State, Attorney Miguel Aleman
  • The Secretary of Labor and Social Prevision, Attorney Ignacio Garcia Tellez
  • The Secretary of Agriculture and Development, Engineer Marte R. Gomez
  • The Chief of the Department of Public Health, Dr. Victor Fernandez Manero

1

PROCEDURE FOR INVESTIGATION AND DETERMINATION
OF WAGES UNDER THE FARM LABOR TRANSPORTATION PROGRAM

Part I

  • 1. Immediately following the notice of certification by the Regional United States Employment Service to the Farm Security Administration for the need of procuring and transporting labor from an area of available labor to an area of labor need, the FSA shall advise the Secretary of Agriculture who shall take steps to form a wage board composed of two representatives from the Department of Agriculture, one, from the USES and one representative from the War Manpower Commission;
  • 2. This wage board shall be called into service by the Secretary of Agriculture only on the advice of the FSA for the purpose of determining prevailing wages on the basis of evidence submitted to it by interested and concerned persons or groups at public hearings which it shall be instructed to hold at a designated place within the certified area of need;
  • 3. Also, immediately following the receipt of certification by the USES, the FSA shall undertake an investigation of prevailing wage rates in the area of need for the various farm operations to be performed by labor recruited and transported by the FSA from outside this area;
  • 4. The wage findings of the FSA (including time rates, piece rates and workers' time performance, if paid on piece basis, etc.) shall be submitted to the Secretary's wage board to be used as a technical guide in conducting its public hearings;
  • 5. The wage determination of the wage board shall constitute the minima for the purpose of this program, but in no event shall be less than 30 cents an hour or its equivalent in piece rates;
  • 6. Minimum wages, determined by the wage board shall be incorporated in the agreement of employment and transportation between the FSA and employer or employer group as a condition for recruiting and transporting farm laborers under this program.

Part II

  • 1. Immediately after the FSA had advised the Secretary of the necessity for holding public wage board hearings, he shall specifically instruct the wage board to proceed to perform their duties in a designated area and to report its wage determinations and other findings to him;
  • 2. At the same time, the Secretary shall also instruct the State USDA War Board to make all arrangements pursuant and incidental to the holding of such hearings, including, for example, the securing of premises, the posting of public notices, and for receiving all requests from persons or groups wishing to be heard at the hearings. All public notices are to be over the signature of the Secretary and countersigned by the chairman of the State USDA War Board;

  • 2
  • 3. Representatives of labor, of farm employers, of the public and other individuals in their private or representative capacity shall be given the privilege to testify at the public wage board hearings;
  • 4. The wage board shall be in public session no longer than two days and shall submit its wage determinations and other findings to the Secretary of Agriculture, to the Director of USES, and to the Chairman of the War Manpower Commission, the day following the termination of the hearings. The wages determined by the wage boards shall constitute the minima to be paid under this program.
  • 5. The wage recommendations of the majority of the members shall constitute the recommendations of the entire board. In the event of a tie vote, the board shall submit the matter to the Secretary of Agriculture who shall make the final wage determination.

Part III

  • 1. At the time the FSA is investigating prevailing wage rates in the affected area, it shall also look into the availability of adequate housing facilities for the transported workers to be employed in that area. Certification of adequate housing and sanitary facilities by the FSA shall be a condition for extending its transportation services.
  • 2. During the course of the investigation of prevailing wages and housing conditions by the FSA, the latter shall advise the Regional USES office to make efforts to locate available farm workers for the area in need of such labor.
  • 3. Upon the approval of the determined prevailing wage rates and the certification of adequate housing, the FSA shall enter into contracts with farm-employers receiving the transportation services for their recruited nonlocal workers.
  • 4. Upon receipt of notice from the Regional USES office of availability of farm workers, the FSA shall make the necessary transportation arrangements, including the assembling of workers at point of origin (with the cooperation of the USES), work out details with respect to transportation rates, routes, subsistence and other services on route, accompaniment of FSA representative on route, and provide for places of reception at point of destination.
  • 5. Where possible, workers shall be assembled and received at FSA camps.
  • 6. The necessary records shall be taken by the FSA (with the cooperation of the USES) prior to embarcation and distribution of workers to farm employers;
  • 7. The FSA shall set up machinery for enforcing or checking compliance of the terms of the agreement with farm-employers; it shall also establish procedure for receiving complaints and other representations from the workers transported into the affected area.

1

COOPERATIVE EMPLOYMENT AGREEMENT

UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION

THIS COOPERATIVE EMPLOYMENT AGREEMENT Made this _________________________ day of _________________________, 194_, between the United States of America, hereinafter called the "Government," and _________________________, a corporation organized and existing under and by virtue of the laws of the State of _________________________ hereinafter called the "Employer."

WITNESSETH:

WHEREAS, The Government and the Employer wish to cooperate in making agricultural workers available to alleviate the present shortage of agricultural labor and to aid in the successful prosecution of the war.

NOW, THEREFORE, in consideration of the undertakings hereinafter stated, the Government and the Employer agree as follows:

1. The Government shall use its best efforts to recruit and transport agricultural workers for employment by the Employer, from points of origin or intermediate points in the United States or Mexico, to _________________________, _________________________, _________________________, _________________________, and _________________________, all in the State of _________________________, hereinafter called "destination points," and, upon completion of that employment, to the points of origin, or to such intermediate points in the United States as the Government shall determine to be proper.

2. The Employer shall employ, exclusively as agricultural workers, _____ agricultural workers (if transported by the Government to the destination points designated above, not later than _________________________, 194_____, the number of workers to be transported to each destination point being as follows:

). for, as to each worker, at least seventy-five (75) percent of the work days, each day in the week except Sunday to be considered a work day, between the day following the day of the arrival of such worker at the destination point of such worker and _________________________, 194_____, hereinafter called the "period of employment," upon the following terms:

  • a. The Employer shall be required to furnish such employment to a worker hereunder only so long as the worker is ready, willing, and able to work under the supervision and direction of the Employer or its duly authorized representative; but shall not require the worker to work on Sundays.
  • b. The Employer shall give each such worker a minimum subsistence allowance of $3 per day for each work day within said minimum of seventy-five (75) percent of the work days that he is not so employed; provided, however, that no subsistence allowance shall be made for work days in which the worker is unemployed as the result of his refusal to work or his illness or other physical incapacity. The amount of such subsistence allowance, if any, shall be computed and payment thereof shall be made at the end of the employment period.

  • 2
  • c. A work day shall contain not less than eight hours nor more than twelve hours; provided, however, that to determine the amount of employment under this paragraph, hours of work done on any day less than a work day (as above defined) may be added to hours of work done on other days (other than Sundays) not constituting work days, and for such purpose each ten hours of work shall be counted as a work day.
  • d. Work shall be paid for in lawful money of the United States Government at the end of each week of work, at not less than the prevailing wage rates within the particular area of employment; provided, however, that piece work rates, for work to be performed upon that basis, shall be set, so as to enable the workers, if of average ability, to earn not less than the prevailing wages; provided, further that the wage rates set for either hourly or piece work shall in no event be less than 30 cents per hour; and, provided further, that if and while the wage rates paid to other workers for similar work is higher than such prevailing wage rates any worker transported pursuant to this agreement shall be paid at such higher rates. The prevailing wage rates shall be conclusively determined by the Government.
  • e. The Employer shall pay all costs of transportation of the workers (and the members of their families transported with them by the Government to the above-specified point of destination) between said destination point and the place or places at which the workers are to perform their work.
  • f. No deductions from wages shall be made for commissions, fees, or any other purpose (except as may be required by law), which shall have the effect of reducing the workers' wages below those required by paragraph 2 d above, provided that this provision shall not be construed so as to prohibit charges for board or reimbursement for other indebtedness incurred by the workers.
  • g. The Employer shall pay to the Government in trust for each such worker who has been transported by the Government from Mexico for employment in the United States, ten (10) percent of his wages and of the subsistence allowance provided for by paragraph 2 b, which portion of his wages and subsistence allowance each such worker will have assigned to the Government in trust, to be held or controlled and disposed of by the Government under the terms of its agreement with the worker.
  • h. The workers shall be entitled to the benefit and protection of all applicable child labor, compensation, and other laws and regulations of the Government and of the State or States in which the work is performed.
  • i. The workers shall not be required to purchase articles or services for consumption or use by them or their families at any source not of their choice.

  • 3
  • j. The worker shall be entitled to freedom from discrimination in employment because of race, creed, color, or national origin, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.
  • k. The Employer shall make available to the workers and their families, without charge, such shelter facilities as are owned by the Employer and are not otherwise occupied within the period of employment.
  • l. The workers shall have the right to join with other workers in the election of representatives to bargain and negotiate with the Employer; provided, however, that any of the workers who have been transported by the Government from Mexico for employment shall join only with other such workers transported from Mexico, and shall elect their representatives from such workers.
  • m. There shall be no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the workers and the Employer shall be determined by mediation according to procedure prescribed by the Government.

3. The Employer shall pay to the Government, to be held and expended by it in trust, subject to the terms of this cooperative agreement, the sum of $5.00 for each such worker transported to the above named destination point by the Government. Each payment shall be made upon demand by the Government after the arrival of the worker at the specified destination point. The Employer at the time of the execution of this agreement shall deposit with the Government as an advance to be applied by it to the payment of said sums, the sum of $—. The Government shall refund to the Employer as soon as practicable after termination of employment hereunder, such part of the sum so deposited as the Government is not entitled to under the first two sentences of this paragraph.

4. The Government shall determine from time to time, and its determination shall be conclusive, whether the Employer has paid all sums to be paid by him hereunder, and shall have the right to pay (as subsistence allowances or otherwise) to the persons it determines to be entitled thereto all or any part of any such sums which it determines have not been paid, in which case the Employer shall repay to the Government, upon demand by it, all sums so paid, together with interest thereupon at the rate of five (5) percent per annum from the date or dates of such payments by the Government, to be held and expended by the Government in trust subject to the terms of this cooperative agreement.

5. The sums paid to the Government under paragraphs 3 and 4 above shall be held by it in trust, and used and expended within and for the program (of which this agreement is a part) to provide an adequate supply and distribution of labor to produce, harvest, and process crops essential to the war effort. The Government may pool said sums with other funds available for said program, and shall not be required to keep separate accounts or records therefor.


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6. The Employer shall keep full and complete records of the employment and wages of each worker under this agreement, using for such purposes forms to be supplied by the Government. Such records shall be at all times open to inspection and examination by the Government, which shall be entitled to make copies thereof. The Employer shall also file with the Government such reports concerning said employment and wages as the Government may from time to time require.

7. All rights, privileges, and powers conferred herein by the Government shall be exercised in its behalf by the Administrator of the Farm Security Administration, United States Department of Agriculture, or his duly authorized representative.

IN WITNESS WHEREOF, the Government and the Employer have executed this agreement as of the date first above written.

UNITED STATES OF AMERICA

By_________________________
_________________________
(Official Title)
Farm Security Administration
United States Department of Agriculture
Corporate Seal
Attest:
_________________________ By_________________________
(Title)


1

Mexican Agreement

In order to effect a satisfactory arrangement whereby Mexican agricultural labor may be made available for use in the United States and at the same time provide means whereby this labor will be adequately protected while out of Mexico, the following general provisions are suggested:

  • 1. It is understood that Mexicans contracting to work in the United States shall not be engaged in any military service.
  • 2. Mexicans entering the United States as a result of this understanding shall not suffer discriminatory acts of any kind in accordance with the Executive Order No. 8802 issued at the White House June 25, 1941.
  • 3. Mexicans entering the United States under this understanding shall enjoy the guarantees of transportation, living expenses and repatriation established in Article 29 of the Mexican Labor Law.
  • 4. Mexicans entering the United States under this understanding shall not be employed to displace other workers, or for the purpose of reducing rates of pay previously established.

In order to implement the application of the general principles mentioned above the following specific clauses are established.

(When the word "employer" is used hereinafter it shall be understood to mean the Farm Security Administration of the Department of Agriculture of the United States of America; the word "sub-employer" shall mean the owner or operator of the farm or farms in the United States on which the Mexican will be employed; the word "worker" hereinafter used shall refer to the Mexican farm laborer entering the United States under this understanding.)

CONTRACTS

a. Contracts will be made between the employer and the worker under the supervision of the Mexican Government. (Contracts must be written in Spanish).

b. The employer shall enter into a contract with the sub-employer, with a view to proper observance of the principles embodied in this understanding.

ADMISSION

a. The Mexican health authorities will, at the place whence the worker comes, see that he meets the necessary physical conditions.

TRANSPORTATION

a. All transportation and living expenses from the place of origin to destination, and return, as well as expenses incurred in the fulfillment of any requirements of a migratory nature shall be met by the employer.

b. Personal belongings of the workers up to a maximum of 35 kilos per person shall be transported at the expense of the employer.


2

c. In accord with the intent of Article 29 of the Mexican Federal Labor Law, it is expected that the employer will collect all or part of the cost accruing under (a) and (b) of transportation from the sub-employer.

WAGES AND EMPLOYMENT

a. (1) Wages to be paid to the worker shall be the same as those paid for similar work to other agricultural laborers in the respective regions of destination; but in no case shall this wage be less than 30 cents per hour (U. S. currency); piece rates shall be so set as to enable the worker of average ability to earn the prevailing wage.

(2) On the basis of prior authorization from the Mexican Government salaries lower than those established in the previous clause may be paid those emigrants admitted into the United States as members of the family of the worker under contract and who, when they are in the field, are able also to become agricultural laborers but who, by their condition or age or sex, cannot carry out the average amount of ordinary work.

b. The worker shall be exclusively employed as an agricultural laborer for which he has been engaged; any change from such type of employment shall be made with the express approval of the worker and with the authority of the Mexican Government.

c. There shall be considered illegal any collection by reason of commission or for any other concept demanded of the worker.

d. Work for minors under 14 years shall be strictly prohibited, and they shall have the same schooling opportunities as those enjoyed by children of other agricultural laborers.

e. Workers admitted in the migratory labor camps or at any other place of employment under this understanding shall be free to obtain articles for their personal consumption, or that of their families, wherever it is most convenient for them.

f. Housing conditions, sanitary and medical services enjoyed by workers admitted under this understanding shall be identical to those enjoyed by the other agricultural workers in the same localities.

g. Workers admitted under this understanding shall enjoy as regards occupational diseases and accidents the same guarantees enjoyed by other agricultural workers under United States legislation.

h. Groups of workers admitted under this understanding shall elect their own representatives to deal with the employer, but it is understood that all such representatives shall be working members of the group. The Mexican consuls in their respective jurisdiction shall make every effort to extend all possible protection to all these workers on any question affecting them.

i. For such time as they are unemployed under a period equal to 75% of the period (exclusive of Sundays) for which the workers have been contracted they shall receive a subsistence allowance at the rate of $3.00 per day.


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For the remaining 25% of the period for which the workers have been contracted during which the workers may be unemployed they shall receive subsistence on the same bases that are established for farm laborers in the United States.

Should the cost of living rise this will be a matter for reconsideration.

The master contracts for workers submitted to the Mexican Government shall contain definite provisions for computation of subsistence and payments under this understanding.

j. The term of the contract shall be made in accordance with the authorities of the respective countries.

k. At the expiration of the contract under this understanding, and if the same is not renewed, the authorities of the United States shall consider illegal, from an immigration point of view, the continued stay of the worker in the territory of the United States, exception made of cases of physical impossibility.

SAVINGS FUND

a. The respective agency of the Government of the United States shall be responsible for the safekeeping of the sums contributed by the Mexican workers toward the formation of their Rural Savings Fund, until such sums are transferred to the Mexican Agricultural Credit Bank which shall assume responsibilities for the deposit, for their safekeeping and for their application, or, in the absence of these, for their return.

b. The Mexican Government through the Banco de Credito Agricola will take care of the security of the savings of the workers to be used for payment of the agricultural implements, which may be made available to the Banco de Credito Agricola in accordance with exportation permits for shipment to Mexico with the understanding that the Farm Security Administration will recommend priority treatment for such implements.

NUMBERS

As it is impossible to determine at this time the number of workers who may be needed in the United States for agricultural labor employment, the employer shall advise the Mexican Government from time to time as to the number needed. The Government of Mexico shall determine in each case the number of workers who may leave the country without detriment to its national economy.

GENERAL PROVISIONS

It is understood that, with reference to the departure from Mexico of Mexican workers, who are not farm laborers, there shall govern in understandings reached by agencies of the respective Governments the same fundamental principles which have been applied here to the departure of farm labor.

It is understood that the employers will cooperate with such other agencies of the Government of the United States in carrying this understanding into effect whose authority under the laws of the United States are such as to contribute to the effectuation of the understanding.


4

Either government shall have the right to renounce this understanding, giving appropriate notification to the other Government 90 days in advance.

This understanding may be formalized by an exchange of notes between the Ministry of Foreign Affairs of the Republic of Mexico and the Embassy of the United States of America in Mexico.

Mexico City, the 23rd of July 1942
MEXICAN COMMISSIONERS
(sgd)_____
Ernesto Hidalgo, acting as representative
of the Foreign Office
(sgd)_____
Dr. Abraham J. Navas, acting as representative
of the Department of Labor and
Social Provision.
AMERICAN COMMISSIONERS
(sgd)_____
Joseph F. McGurk, Counselor of
the American Embassy in Mexico
(signed)_____
John O. Walker, Assistant
Administrator Farm Security
Administration. (Department
of Agriculture)
_____
David Meeker, Assistant Director Office of
Agricultural War Relations (Department of
Agriculture)


1

INDIVIDUAL WORK AGREEMENT

Nombre—Name_________________________

entered into between the Government of the United States of America acting by and through the Farm Security Administration of the Department of Agriculture, hereinafter referred to as the "Patron", and_________________________ a Mexican laborer hereinafter referred to as the "Worker".

DECLARATIONS

  • 1. The Government of the United States and the Worker mutually desire that the Worker be beneficially employed in the United States of America with a view to alleviate the present shortage of agricultural workers in that country and to cooperate in the successful prosecution of the war.
  • 2. The Worker declares that he is a Mexican national by birth, domiciled at _________________________, ____ years of age, _________________________ (married or single).
  • 3. The Farm Security Administration of the Department of Agriculture of the United States of America is represented in the execution of this contract, by Mr. _________________________, _________________________ who has established his authority to the satisfaction of the Mexican authorities.
  • 4. The Worker satisfies the physical requirements for fulfilling this agreement, as evidenced by the attached certificate issued by the duly authorized officers of the Department of Health of Mexico and the United States Public Health Service. The Patron admits that such requirements have been met to its satisfaction, in view of which it agrees that this agreement may not be terminated due to the physical condition of the Worker or to any change in such condition that may occur during the period of employment; but the Patron may terminate the agreement immediately upon finding that the Worker is suffering from a heart, mental or venereal disease or has a chronic condition not contracted during or as a result of his employment in the United States, or if he has a contagious disease discovered while traveling from the point of origin to his destination in the United States.
  • 5. The Patron agrees to enter into agreements with the proprietor or administrator (hereinafter referred to as the Employer) of the farm or farms in the United States of America, upon which the Worker will work, under terms guaranteeing him proper compliance with the terms of this agreement, it being understood that the Patron will be responsible to the Worker and to the Mexican Government for such compliance.

THIS WORK AGREEMENT IS SUBJECT TO THE FOLLOWING PROVISIONS:

  • 1. The Worker will be employed exclusively in agricultural work.
  • 2. The Worker will receive the same wages as those paid to other workers in the area of employment for similar work. Said wages will in no event be less than $ 0.30 (American currency) per hour. The computation of wages, according to the custom in the United States, covers any payment which may be due for the seventh day, as required by the Federal Labor Law of Mexico. Rates for piece work will be so determined that a worker of average ability will earn the prevailing wage established in the area of employment.
  • 3. The Patron agrees that its representatives or agents will inform the Worker at the beginning of his work and as frequently thereafter as may be necessary, using the Spanish language in an adequate manner, concerning the wage rates to which he is entitled, and the housing conditions, medical attention and other facilities to which he is entitled by virtue of the provisions of this agreement.
  • 4. No deductions will be made from the wages of the Worker for commissions, fees or any other purpose (except as required by law) which will have the effect of reducing his wages below that provided for by Paragraph 2.
  • 5. The Worker agrees that ten per cent (10%) of his wages may be deducted and authorizes the Patron to receive such amount from the Employer and to place it on deposit, to be refunded to him on his return to his place of origin, or as soon as practicable, in the form of credits to his account in the Agricultural Credit Bank of Mexico.
  • 6. The Worker accepts transportation, food, lodging, subsistence and work under the terms of this agreement and will execute all documents, receipts or instruments which the Patron may require in connection with this agreement.
  • 7. The Patron will furnish to the worker and to the members of his family named on the reverse side of this agreement, sanitary facilities and medical care identical to those enjoyed by other agricultural workers in the same area of employment.
  • 8. The Patron, at its expense, will transport or arrange for the transportation of the Worker and the members of his family named on the reverse side of this agreement and not in excess of 35 kilos (77 pounds) of personal effects for each member of the family which shall not include household goods) from _________________________, Mexico, to the point or points of destination within the United States where the Patron has determined the work will be performed, and return to point of origin.
  • 9. The Patron will furnish to the Worker and to the members of his family accompanying him all necessary food, medical care and subsistence needs during periods of travel.
  • 10. The Patron will make all arrangements necessary under the laws for the entry and exit of the Worker and members of his family accompanying him, to and from the United States.
  • 11. The Worker shall work from the day following his arrival at the point of destination in the United States until _________________________
  • 12. The Worker will perform all work required of him with proper application, care and diligence during the term of this agreement under the direction and supervision of the employers but he will not be required to work on Sundays.
  • 13. This agreement may be renewed upon its termination upon the express consent of the Worker and with the knowledge of the Mexican Government.
  • 14. In the event the Patron should desire to utilize the services of a member of the family of the Worker, he may do so only with the full consent of the Worker and of the person whose services are desired, by the execution of a similar agreement in the presence of the Regional Director of the Farm Security Administration or his representative and with the previous consent of the appropriate Mexican Consul.
  • 15. Any member of the family under 14 years of age shall have the right to the same schooling as that received by children of other agricultural laborers in the area of employment in which the Worker may be working at any given time.
  • 16. The Worker shall not be required to purchase articles or services for consumption or use by him or his family in any establishment not of his own choice.
  • 17. The Worker will not be subject to discrimination in employment because of race, creed, color or nationality, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.
  • 18. Food, lodging, medical and sanitary services and other indispensable articles furnished to the Worker and to members of his family by the Patron or any Employer shall meet the reasonable minimum standards approved by the Patron.
  • 19. The Worker shall enjoy, as regards occupational diseases and accidents, the same guarantees enjoyed by other agricultural workers under the laws of the United States of America.
  • 20. The Worker designates the following persons as his economic dependents _________________________ (names and addresses), whom he designates as the beneficiaries of the sums and indemnities to which he would be entitled under the Law and this agreement.
  • 21. In the event the Worker should not be employed during the term of this agreement, as specified in Paragraph 11, such unemployment not being caused by his refusal to work or illness, 75% of the time for which he was contracted, the Patron will pay him $ 3.00 (American currency) per day for each day that he is not employed up to 75% of the work-days, which amount will be paid to him upon the termination of this agreement. If during his unemployment the Worker and members of his family are unable, upon the determination of the Patron, to supply their subsistence needs, he will receive necessary food, lodging, medical care and other subsistence needs. For the purpose of this paragraph, a day upon which the Worker works less than eight hours will not be considered a workday, and the hours worked on such days may be totalled, to determine the period of unemployment, in accordance with the procedure followed for other agricultural workers.
  • 22. In the event there should be an increase in the cost of living in the United States, the terms of the preceding paragraph will be subject to reconsideration, in accordance with the understanding between the Governments of Mexico and the United States.
  • 23. The Worker shall have the right to join with other Mexican laborers admitted under the understanding between the Governments of Mexico and the United States in the election of representatives to negotiate with the Patron or employers, such representatives to be members of the group electing them.
  • 24. All disputes between the Worker and his employer or employers shall be resolved through mediation, according to procedures established by the Government of the United States for agricultural workers.
  • 25. The Worker represents and warrants that he knows of no reason which would prevent him or his family from leaving or returning to Mexico, or entering or leaving the United States, as contemplated by this agreement. If the Worker or a member of his family shall not be permitted to leave Mexico or enter the United States, the Patron shall, at its expense, return the Worker and his family to their place of origin in Mexico. If after entrance into the United States the Worker or any member of his family becomes subject to deportation or removal therefrom under the Immigration or other laws of that country, or if the Farm Security Administration decides, after hearing the defense of the Worker, that the latter is unable or unwilling to work in accordance with the provisions of this agreement, or if the Worker or any member of his family violates any law of the United States, this agreement may forthwith and without notice be terminated by the Patron. Upon the termination of this agreement or upon the expiration of the period of employment provided for in paragraph 11, the Worker and his family shall immediately return to their place of origin in Mexico, at the expense of the Patron. If the Worker or any member of his family refuses so to return, the Patron may cause the Worker and his family to be removed to their place of origin.
  • 27. All rights, privileges and powers conferred by this agreement upon the Government of the United States shall be exercised by the Administrator of the Farm Security Administration of the Department of Agriculture of the United States or by its duly authorized representative.

Executed at Mexico, D. F., this _________________________ day of _________________________ 194__

                             
El Trabajador—Worker.  Los Estados Unidos de América—United States of America. 
_________________________ Por—By _________________________ 
_________________________ 
Título Oficial—Official Title. 
FARM SECURITY ADMINISTRATION U. S. DEPARTMENT OF AGRICULTURE 
Aprobado—Approved. 
Por—By _________________________ 
FAMILIARES: 
Nombres—Names.  Domicilio—Residence. 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 

CONTRATO INDIVIDUAL DE TRABAJO

Número—Number_________________________

que celebran el Gobierno de los Estados Unidos de América por conducto de la "Farm Security Administration" del Departamento de Agricultura, y que en el cuerpo del mismo se denominará "El Patrón", y el trabajador mexicano_________________________ a quien en el cuerpo del mismo se denominará "El Trabajador".

DECLARACIONES

  • 1a El Gobierno de los Estados Unidos y el Trabajador mutuamente desean que el trabajador se emplee ventajosamente en los Estados Unidos de América con el objeto de resolver la presente escasez de trabajadores agrícolas en ese país y para coadyuvar en el éxito de la guerra.
  • 2a El trabajador declara ser de nacionalidad mexicana por nacimiento, con domicilio en _________________________ de ____ años de edad _________________________ (casado o soltero)
  • 3a La Farm Security Administration del Departamento de Agricultura de los Estados Unidos de América está representada, en la celebración de este contrato, por el señor _________________________ quien acredita su personalidad a satisfacción de las autoridades mexicanas.
  • 4a El Trabajador reune las condiciones físicas necesarias para el cumplimiento del presente contrato, según la constancia expedida por los funcionarios debidamente autorizados de los Departamentos de Salubridad de México y de los Estados Unidos, que se anexa. El patrón reconoce a su satisfacción que se ha cumplido con tal requisito por lo cual acepta que el contrato no puede terminarse en atención a las condiciones físicas del trabajador o debido a cualesquiera cambios que pudieran presentarse en ellas durante el período de empleo; pero el Patrón puede dar por terminado el contrato en el momento en que se descubra que el Trabajador está enfermo del corazón, enajenación mental, padecimientos venéreos o crónicos que no fueron adquiridos durante, o como resultado de su trabajo en los Estados Unidos, o que padece alguna enfermedad contagiosa que se descubra en el trayecto entre el lugar de origen y el punto de destino en los Estados Unidos.
  • 5a El Patrón se obliga a celebrar contratos con el propietario o administrador (a quien se denominará el Sub-Empleador) de la finca o fincas de los Estados Unidos de América, en las que prestará sus servicios el Trabajador, en los términos que garanticen para éste, la debida observancia de las cláusulas del presente contrato; entendiéndose que el Patrón será responsable, ante el trabajador y ante el Gobierno Mexicano, de tal cumplimiento.

EL PRESENTE CONTRATO DE TRABAJO SE SUJETARÁ A LAS SIGUIENTES CLÁUSULAS:

  • 1a El trabajador prestará sus servicios exclusivamente en labores agrícolas.

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  • 2a El Trabajador devengará salario igual al que se paga a los demás trabajadores, en la región respectiva por trabajos similares. En ningún caso dicho salario será inferior a 0.30 de dólar por hora. El señalamiento de salarios según la costumbre de los Estados Unidos incluye el pago del séptimo día, establecido por la Ley Federal del Trabajo de México. Los salarios por trabajos a destajo se arreglarán en forma tal que el Trabajador de habilidad común disfrute del salario establecido en la región.
  • 3a El patrón se obliga a que sus representantes o agentes harán del conocimiento del Trabajador, al iniciar éste la prestación de sus servicios y cuantas veces sea necesario, empleando el idioma castellano y en forma eficaz, cuál es el salario que le corresponde y cuáles son las condiciones de habitación, asistencia médica y demás facilidades a que tiene derecho por virtud de los términos del presente contrato.
  • 4a No se harán descuentos al salario del Trabajador por comisiones, cuotas o por cualquiera otra razón, (excepto los requeridos por la ley) que tiendan a reducir los ingresos del mismo a cantidad inferior a la mencionada en la cláusula segunda.
  • 5a El Trabajador manifiesta su conformidad para que le sea descontado de su salario el DIEZ POR CIENTO, y autoriza al Patrón para recibirlo del Sub-Empleador y conservarlo en calidad de depósito para serle reintegrado a su regreso al punto de origen, o tan pronto como sea practicable, en forma de créditos a su cuenta en el Banco de Crédito Agrícola de México.
  • 6a El Trabajador acepta el transporte, alimentos, alojamiento, medios de subsistencia y trabajo en los términos del presente contrato y formalizará todos los arreglos, recibos e instrumentos que para el cumplimiento de este contrato pudiera necesitar el patrón.
  • 7a El Patrón proporcionará al Trabajador y a los familiares de éste que se señalen en el reverso del presente contrato, servicios sanitarios y atención médica, todo ello en idénticas condiciones a las que disfruten los demás trabajadores agrícolas en la región de trabajo respectiva.
  • 8a El Patrón, a su costa, transportará o gestionará el transporte del Trabajador y de los miembros de su familia mencionados en el reverso de este contrato y hasta 35 kilos (77 libras) de objetos de uso personal para cada uno de ellos, (los que no incluirán menaje de casa) desde _________________________ México, hasta el lugar o lugares de los Estados Unidos en que, según determinación del Patrón, se desempeñará el trabajo, y regreso al punto de origen.
  • 9a El Patrón proporcionará al Trabajador y sus familiares que lo acompañan el alimento, atención médica y todos los medios de subsistencia necesarios durante el trayecto.
  • 10a El Patrón hará todos los arreglos necesarios conforme a las leyes para la entrada y salida del Trabajador y de sus familiares que lo acompañan, al territorio de los Estados Unidos.
  • 11a El Trabajador iniciará la prestación de sus servicios desde el día siguiente de su llegada al punto de destino en los Estados Unidos hasta _________________________
  • 12a El Trabajador desempeñará el trabajo que se le requiera con la intensidad, cuidado y esmero apropiados, durante el período del contrato bajo la dirección y supervisión del Sub-Empleador y no se le obligará a trabajar los domingos.

  • 3
  • 13a El presente contrato puede ser renovado a su vencimiento, mediante la voluntad expresa del trabajador y con conocimiento del Gobierno Mexicano.
  • 14a En el caso de que el Patrón pretendiera utilizar los servicios de algunos de los familiares del Trabajador, sólo podrá hacerlo mediante el consentimiento expreso de éste y de la persona cuyos servicios sean solicitados, celebrando el contrato respectivo ante el Director Regional de la Farm Security Administration o su representante y previa autorización del Cónsul de México que corresponda.
  • 15a Cualquier miembro de la familia menor de 14 años de edad tendrá derecho a recibir la misma instrucción escolar que se imparte a los niños de otros trabajadores agrícolas en la región en que el trabajador esté trabajando, en cualquier tiempo dado.
  • 16a El Trabajador no estará obligado a comprar artículos o servicios para su consumo o uso, o el de su familia en ningún establecimiento que no sea de su agrado.
  • 17a El Trabajador no será objeto de discriminación en el trabajo a causa de raza, credo, color o nacionalidad, de acuerdo con las estipulaciones de la Orden Ejecutiva Na 8802 del Presidente de los Estados Unidos, fechada el 25 de junio de 1941.
  • 18a El alimento, alojamiento, servicios médicos y sanitarios y otros artículos indispensables proporcionados al Trabajador y su familia, por el Patrón o algún Sub-Empleador, cubrirán los standards mínimos razonables aprobados por el Patrón.
  • 19a El Trabajador gozará, por lo que hace a enfermedades profesionales y accidentes de trabajo, de las mismas garantías que disfrutan los demás trabajadores agrícolas, de acuerdo con la legislación de los Estados Unidos de América.
  • 20a El Trabajador señala como sus dependientes económicos a las siguientes personas _________________________ (nombres y domicilios) a quienes designa como beneficiarios de las indemnizaciones que a aquél le correspondieran por cualesquier conceptos emanados de la Ley y de este contrato.
  • 21a Para el caso de que el Trabajador permanezca desocupado durante el período de la contratación, según lo señalado en la cláusula 11a y siempre que la desocupación no sea motivada por su negativa a trabajar o por enfermedad, durante el 75% del término para el que haya sido contratado, el patrón le cubrirá 3.00 dólares diarios, que le serán pagados al finalizar el término del contrato. Si durante la desocupación el trabajador y sus familiares no pueden satisfacer sus necesidades de vida, recibirá, previa comprobación del Patrón, los alimentos necesarios, alojamiento, atención médica y demás medios de subsistencia. Para los efectos de esta cláusula, se considerará como día no trabajado aquel en que el Trabajador labore menos de ocho horas, y las horas trabajadas se computarán, para calcular el período de desempleo, de acuerdo con el procedimiento seguido para los demás trabajadores agrícolas.
  • 22a En caso de que haya aumento del costo de la vida en los Estados Unidos, lo pactado en la cláusula anterior será motivo de reconsideración, de acuerdo con el convenio celebrado entre los Gobiernos de México y los Estados Unidos.
  • 23a El Trabajador tendá derecho a asociarse con otros trabajadores mexicanos admitidos de conformidad
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    con el acuerdo celebrado entre los Gobiernos de México y los Estados Unidos, para elegir a sus representantes que traten con el Patrón o los sub-empleadores, debiendo ser dichos representantes miembros del grupo que los designa.
  • 24a Todas las disputas entre el Trabajador y subempleador o subempleadores serán resueltas por mediación, según el procedimiento establecido por el Gobierno de los Estados Unidos para los demás trabajadores agrícolas.
  • 25a El Trabajador manifiesta y asegura no tener conocimientos de motivo alguno que pueda impedirle a él o a su familia salir de o regresar a México, o internarse en o salir de los Estados Unidos con arreglo al presente convenio. Si al Trabajador o algún miembro de su familia se le niega la salida de México o la entrada en los Estados Unidos, el Patrón procurará que el trabajador y su familia retornen a su lugar de procedencia en México, a expensas de aquél. Si después de internarse en los Estados Unidos el Trabajador o cualquier miembro de su familia se expone a la deportación o remoción de aquel país, con arreglo a la Ley de Inmigración, o demás leyes, o si la Farm Security Administration resuelve después de haber oído la defensa del Trabajador, que éste está incapacitado para o se niega a trabajar conforme a los requisitos del presente convenio, o si el Trabajador o cualquier miembro de su familia infringe cualquiera ley de los Estados Unidos, el presente convenio puede inmediatamente y sin previo aviso darse por terminado por parte del Patrón. Al terminar el convenio o al expirar el período de empleo especificado en la cláusula 11a, el Trabajador y su familia retornarán en el acto a su lugar de procedencia en México, a costa del Patrón. Cuando el Trabajador o cualquier miembro de su familia se niegue a retornar en estas condiciones, el Gobierno de los Estados Unidos puede remover al Trabajador y a su familia al referido lugar de procedencia.
  • 27a Todos los derechos, privilegios y facultades conferidos por el presente convenio al Gobierno de los Estados Unidos serán ejercitados por el Administrador de la Farm Security Administration, por el Departamento de Agricultura de los Estados Unidos, o por su representante debidamente autorizado.

México, D. F., a ____ de _________________________ de 194___

                             
El Trabajador—Worker.  Los Estados Unidos de América—United States of America. 
_________________________ Por—By _________________________ 
_________________________ 
Título Oficial—Official Title. 
FARM SECURITY ADMINISTRATION U. S. DEPARTMENT OF AGRICULTURE 
Aprobado—Approved. 
Por—By _________________________ 
FAMILIARES: 
Nombres—Names.  Domicilio—Residence. 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 


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WORK AGREEMENT
(Domestic Workers)

UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION

THIS AGREEMENT made this _____ day of _________________________, 1942, between the United States of America, hereinafter called the "Government" and _________________________, of _________________________, State of _________________________, hereinafter called the "Worker."

WITNESSETH:

WHEREAS, the Government and the Worker mutually desire that the Worker shall be beneficially employed in the United States of America to alleviate the present shortage of agricultural labor and to aid in the successful prosecution of the war,

NOW, THEREFORE, in consideration of this and of the undertakings hereinafter stated, the Government and the Worker agree that:

1. The Worker shall accept transportation, food, living facilities, subsistence, and employment upon the terms set forth in this agreement; and shall execute such other agreements, vouchers, and instruments as the Government may require to effect those terms.

2. The Government, at its expense, shall:

a. Transport, or arrange for the transportation of, the Worker and the members of his family named in Schedule A on the back of this agreement, all of whom (including the Worker) are herein called the "Family", and not in excess of seventy-five pounds of personal belongings (which shall not be permitted to include home furnishings or bedding) for each of them, from _________________________, State of _________________________, herein called the "point of origin", to such place or places in, and within, the United States, as the Government shall determine to be suitable for the employment of the Worker, and, upon the fulfillment by the Worker of his obligations hereunder, return to the point of origin.

b. Furnish, or arrange to have furnished to the Worker and the Family all necessary food, health and medical care, and other subsistence living facilities during transportation.


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3. The Government shall:

a. Cause the Worker to be employed as an agricultural laborer in the United States for at least seventy-five percent (75%) of the workdays (each day of the week except Sunday to be considered a workday) between the day after the Worker's arrival at the original point of destination in the United States and _________________________, 19_____, hereinafter called the "period of employment"; or, in the absence of such employment, make the Worker a minimum subsistence allowance of $3.00 per day for each workday within said minimum of seventy-five percent (75%) of the workdays that he is not so employed; provided, however, that no subsistence allowance shall be made for workdays in which the Worker is unemployed as a result of his refusal to work or his illness or other physical incapacity. The amount of such subsistence allowance, if any, shall be computed and the payment thereof shall be made at the end of the period of employment.

b. In the event of need as determined by the Government, furnish necessary food, shelter, health and medical care, and other subsistence living facilities during periods of unemployment occurring within the period of employment.

4. Employment under this agreement shall be upon the following terms:

a. The Worker shall do all work required of him by his employer or employers hereunder during the period of employment in a good and workmanlike manner under the supervision and direction of such employer or employers, but shall not be required to work on Sundays.

b. A workday shall contain not less than eight hours nor more than twelve hours; provided, however, that to determine the amount of employment under paragraph 3 a above, the Government may, in its discretion, add hours of work on any day less than a workday (as above defined) to hours of work done on other days (other than Sundays) not constituting workdays, and for such purpose each ten hours of work shall be counted as a workday.

c. Work shall be paid for in lawful money of the Government at the end of each week of work, at not less than the prevailing wage rates within the particular area of employment; provided, however, that piece work rates, for work to be performed upon that basis, shall be set, so as to


3
enable the Worker, if of average ability, to earn not less than the prevailing wage; provided further that the wage rates for either hourly or piece work shall in no event be less than 30 cents per hour.

d. No deductions from wages shall be made for commissions, fees, or any other purpose (except as may be required by law), which shall have the effect of reducing the Worker's wages below those required by paragraph 4 c above.

e. The Worker shall be employed exclusively as an agricultural worker.

f. The Worker shall be entitled to the benefit and protection of all applicable child labor, compensation, and other laws and regulations of the Government and of the State or States in which the work is performed.

g. The Worker shall not be required to purchase articles or services for consumption or use by him or the Family at any source not of his choice.

h. The Worker shall be entitled to freedom from discrimination in employment because of race, creed, color or national origin, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.

i. Food, shelter, health and medical services and other living facilities provided for the Worker and the Family by the Government or any employer shall meet reasonable minimum standards approved by the Government.

j. The Worker shall have the right to join with other workers under agreements similar to this agreement in the election of representatives to deal with employers of agricultural labor.

k. There shall be no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the Worker and his employer or employers shall be determined by mediation according to procedure prescribed by the Government.

5. If the Government determines that the Worker is unable or unwilling to work as required by this agreement, or otherwise has violated any of the terms hereof, this agreement may forthwith and without notice be terminated by the Government; provided, however, that, if the agreement is terminated because of the Worker's inability as the result of illness or other physical incapacity, the Worker and the Family shall be entitled to return transportation to their point of origin in accordance with paragraphs 2 a and 2 b above.


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6. All rights, privileges, and powers herein conferred upon the Government shall be exercised by the Administrator of the Farm Security Administration, United States Department of Agriculture, or his duly authorized representative.

IN WITNESS WHEREOF, this Work Agreement has been executed as of the date first above written.

UNITED STATES OF AMERICA

By_________________________
_________________________
(Official Title)
Farm Security Administration
United States Department of Agriculture
_________________________
Worker
Witness:
_________________________
_________________________


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[Letter from W.G. MacLean to Lawrence I. Hewes, May 21, 1943]

C O P Y

Department of State
DIVISION OF THE AMERICAN REPUBLICS

May 21, 1943
Mr. Lawrence I. Hewes.

Attached copy of revised agreement for temporary migration of Mexican Agricultural Workers to the United States is sent at request of FSA and Embassy in Mexico City.

Changed portions have been underlined for your convenience.

WGMacLean /s/ W. G. M.


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AGREEMENT OF AUGUST 4, 1942 FOR THE TEMPORARY MIGRATION OF MEXICAN AGRICULTURAL WORKERS TO THE UNITED STATES AS REVISED ON APRIL 26, 1943 BY AN EXCHANGE OF NOTES BETWEEN THE AMERICAN EMBASSY AT MEXICO CITY AND THE MEXICAN MINISTRY FOR FOREIGN AFFAIRS

"General Provisions

"1) It is understood that Mexicans contracting to work in the United States shall not be engaged in any military service.

"2) Mexicans entering the United States as a result of this understanding shall not suffer discriminatory acts of any kind in accordance with the Executive Order No. 8802 issued at the White House June 25, 1941.

"3) Mexicans entering the United States under this understanding shall enjoy the guarantees of transportation, living expenses and repatriation established in Article 29 of the Mexican Federal Labor Law as follows:

`Article 29. - All contracts entered into by Mexican workers for lending their services outside their country, shall be made in writing, legalized by the municipal authorities of the locality where entered into and visaed by the Consul of the country where their services are being used. Furthermore, such contract shall contain, as a requisite of validity of same, the following stipulations, without which the contract is invalid.

`I. Transportation and subsistence expenses for the worker, and his family, if such is the case, and all other expenses which originate from point of origin to border points and compliance of immigration requirements, or for any other similar concept, shall be paid exclusively by the employer or the contractual parties.

`II. The worker shall be paid in full the salary agreed upon, from which no deductions shall be made in any amount for any of the concepts mentioned in the above sub-paragraph.


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`III. The employer or contractor shall issue a bond or constitute a deposit in cash in the Bank of Workers, or in the absence of same, in the Bank of Mexico, to the entire satisfaction of the respective labor authorities, for a sum equal to repatriation costs of the worker and his family, and those originated by transportation to point of origin.

` Once the employer establishes proof of having covered such expenses or the refusal of the worker to return to his country, and that he does not owe the worker any sum covering salary or indemnization to which he might have a right, the labor authorities shall authorize the return of the deposit or the cancellation of the bond issued."

"It is specifically understood that the provisions of Section III of Article 29 above-mentioned shall not apply to the Government of the United States notwithstanding the inclusion of this section in the agreement, in view of the obligations assumed by the United States Government under Transportation (a) and (c) of this agreement.

"4) Mexicans entering the United States under this understanding shall not be employed to displace other workers, or for the purpose of reducing rates of pay previously established.

"In order to implement the application of the general principles mentioned above the following specific clauses are established:

"(When the word `employer' is used hereinafter it shall be understood to mean the Farm Security Administration of the Department of Agriculture of the United States of America: the word `sub-employer' shall mean the owner or operator of the farm or farms in the United States on which the Mexican will be employed; the word `worker' hereinafter used shall refer to the Mexican farm laborer entering the United States under this understanding.)

"Contracts

"a. Contracts will be made between the employer and the worker under the supervision of the Mexican Government.


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(Contracts must be written in Spanish.)

"b. The employer shall enter into a contract with the sub-employer, with a view to proper observance of the principles embodied in this understanding.

"Admission

"a. The Mexican health authorities will, at the place whence the worker comes, see that he meets the necessary physical conditions.

"Transportation

"a. All transportation and living expenses from the place of origin to destination, and return, as well as expenses incurred in the fulfillment of any requirements of a migratory nature shall be met by the Employer.

"b. Personal belongings of the workers up to a maximum of 35 kilos per person shall be transported at the expense of the employer.

"c. In accord with the intent of Article 29 of the Mexican Federal Labor Law, quoted under General Provisions (3) above, it is expected that the employer will collect all or part of the cost accruing under (a) and (b) of Transportation from the sub-employer.

"Wages and Employment

"a. (1) Wages to be paid the worker shall be the same as those paid for similar work to other agricultural laborers under the same conditions within the same area, in the respective regions of destination. Piece rates shall be so set as to enable the worker of average ability to earn the prevailing wage. In any case wages for piece work or hourly work will not be less than 30 cents per hour.


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"a. (2) On the basis of prior authorization from the Mexican Government salaries lower than those established in the previous clause may be paid those emigrants admitted into the United States as members of the family of the worker under contract and who, when they are in the field, are able also to become agricultural laborers but who, by their condition of age or sex, cannot carry out the average amount of ordinary work.

"b. The worker shall be exclusively employed as an agricultural laborer for which he has been engaged; any change from such type of employment or any change of locality shall be made with the express approval of the worker and with the authority of the Mexican Government.

"c. There shall be considered illegal any collection by reason of commission or for any other concept demanded of the worker.

"d. Work of minors under 14 years shall be strictly prohibited, and they shall have the same schooling opportunities as those enjoyed by children of other agricultural laborers.

"e. Workers domiciled in the migratory labor camps or at any other place of employment under this understanding shall be free to obtain articles for their personal consumption, or that of their families, wherever it is most convenient for them.

"f. The Mexican workers will be furnished without cost to them with hygienic lodgings, adequate to the physical conditions of the region of a type used by a common laborer of the region and the medical and sanitary services enjoyed also without cost to them will be identical with those furnished to


5
to the other agricultural workers in the regions where they may lend their services.

"g. Workers admitted under this understanding shall enjoy as regards occupational diseases and accidents the same guarantees enjoyed by other agricultural workers under United States legislation.

"h. Groups of workers admitted under this understanding shall elect their own representatives to deal with the employer, but it is understood that all such representatives shall be working members of the group.

"The Mexican Consuls, assisted by the Mexican Labor Inspectors, recognized as such by the employer will take all possible measures of protection in the interests of the Mexican workers in all questions affecting them, within their corresponding jurisdictions, and will have free access to the places of work of the Mexican workers. The employer will observe that the sub-employer grants all facilities to the Mexican Government for the compliance of all the clauses in this contract.

"i. For such time as they are unemployed under a period equal to 75% of the period (exclusive of Sundays) for which the workers have been contracted they shall receive a subsistence allowance at the rate of $3.00 per day.

"For the remaining 25% of the period for which the workers have been contracted during which the workers may be unemployed when such unemployment is not due to their unwillingness to work they shall receive lodging and subsistence without cost to them.

"Should the cost of living rise this will be a matter


6
matter for reconsideration.

"The master contracts for workers submitted to the Mexican Government shall contain definite provisions for computation of subsistence and payments under the understanding.

"j. The term of the contract shall be made in accordance with the authorities of the respective countries.

"k. At the expiration of the contract under this understanding, and if the same is not renewed, the authorities of the United States shall consider illegal, from an immigration point of view, the continued stay of the worker in the territory of the United States, exception made of cases of physical impossibility.

"Savings Fund

"a. The respective agencies of the Government of the United States shall be responsible for the safekeeping of the sums contributed by the Mexican workers toward the formation of their Rural Savings Fund, until such sums are transferred to the Wells Fargo Bank and Union Trust Company of San Francisco for the account of the Bank of Mexico, S. A., which will transfer such amounts to the Mexican Agricultural Credit Bank, This last shall assume responsibility for the deposit, for the safekeeping and for the application, or in the absence of these, for the return of such amounts.

"b. The Mexican Government through the Banco de Crédito Agrícola will take care of the security of the savings of the workers to be used for payment of the agricultural implements, which may be made available to the Banco de Crédito Agrícola in accordance with exportation permits for shipment to Mexico


7
with the understanding that the Farm Security Administration will recommend priority treatment for such implements.

"Numbers

"As it is impossible to determine at this time the number of workers who may be needed in the United States for agricultural labor employment, the employer shall advise the Mexican Government from time to time as to the number needed. The Government of Mexico shall determine in each case the number of workers who may leave the country without detriment to its national economy.

"General Considerations

"It is understood that, with reference to the departure from Mexico of Mexican workers, who are not farm laborers, there shall govern in understandings reached by agencies of the respective Governments the same fundamental principles which have been applied here to the departure of farm labor.

"It is understood that the employers will cooperate with such other agencies of the Government of the United States in carrying this understanding into effect whose authority under the laws of the United States are such as to contribute to the effectuation of the understanding.

"Either Government shall have the right to renounce this understanding, giving appropriate notification to the other Government 90 days in advance.

"This understanding may be formalized by an exchange of notes between the Ministry of Foreign Affairs of the Republic of Mexico and the Embassy of the United States of America in Mexico."

In accepting the above text as the arrangement under which Mexican agricultural workers shall be recruited and employed in agricultural work in the United States by Government


8
agrees that all the conditions set forth in the revised agreement will apply equally to those agricultural workers already in the United States or on their way to the United States under individual work agreements as well as to those who may be recruited for such work in the future.


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INDIVIDUAL WORK AGREEMENT

Nombre—Name_________________________

entered into between the Government of the United States of America acting by and through the Farm Security Administration of the Department of Agriculture, hereinafter referred to as the "Patron", and_________________________ a Mexican laborer hereinafter referred to as the "Worker".

DECLARATIONS

  • 1. The Government of the United States and the Worker mutually desire that the Worker be beneficially employed in the United States of America with a view to alleviate the present shortage of agricultural workers in that country and to cooperate in the successful prosecution of the war.
  • 2. The Worker declares that he is a Mexican national by birth, domiciled at _________________________, ____ years of age, _________________________ (married or single).
  • 3. The Farm Security Administration of the Department of Agriculture of the United States of America is represented in the execution of this contract, by Mr. _________________________, _________________________ who has established his authority to the satisfaction of the Mexican authorities.
  • 4. The Worker satisfies the physical requirements for fulfilling this agreement, as evidenced by the attached certificate issued by the duly authorized officers of the Department of Health of Mexico and the United States Public Health Service. The Patron admits that such requirements have been met to its satisfaction, in view of which it agrees that this agreement may not be terminated due to the physical condition of the Worker or to any change in such condition that may occur during the period of employment; but the Patron may terminate the agreement immediately upon finding that the Worker is suffering from a heart, mental or venereal disease or has a chronic condition not contracted during or as a result of his employment in the United States, or if he has a contagious disease discovered while traveling from the point of origin to his destination in the United States.
  • 5. The Patron agrees to enter into agreements with the proprietor or administrator (hereinafter referred to as the Employer) of the farm or farms in the United States of America, upon which the Worker will work, under terms guaranteeing him proper compliance with the terms of this agreement, it being understood that the Patron will be responsible to the Worker and to the Mexican Government for such compliance.

THIS WORK AGREEMENT IS SUBJECT TO THE FOLLOWING PROVISIONS:

  • 1. The Worker will be employed exclusively in agricultural work.
  • 2. The Worker will receive the same wages as those paid to other workers in the area of employment for similar work. Said wages will in no event be less than $ 0.30 (American currency) per hour. The computation of wages, according to the custom in the United States, covers any payment which may be due for the seventh day, as required by the Federal Labor Law of Mexico. Rates for piece work will be so determined that a worker of average ability will earn the prevailing wage established in the area of employment.
  • 3. The Patron agrees that its representatives or agents will inform the Worker at the beginning of his work and as frequently thereafter as may be necessary, using the Spanish language in an adequate manner, concerning the wage rates to which he is entitled, and the housing conditions, medical attention and other facilities to which he is entitled by virtue of the provisions of this agreement.
  • 4. No deductions will be made from the wages of the Worker for commissions, fees or any other purpose (except as required by law) which will have the effect of reducing his wages below that provided for by Paragraph 2.
  • 5. The Worker agrees that ten per cent (10%) of his wages may be deducted and authorizes the Patron to receive such amount from the Employer and to place it on deposit, to be refunded to him on his return to his place of origin, or as soon as practicable, in the form of credits to his account in the Agricultural Credit Bank of Mexico.
  • 6. The Worker accepts transportation, food, lodging, subsistence and work under the terms of this agreement and will execute all documents, receipts or instruments which the Patron may require in connection with this agreement.
  • 7. The Patron will furnish to the worker and to the members of his family named on the reverse side of this agreement, sanitary facilities and medical care identical to those enjoyed by other agricultural workers in the same area of employment.
  • 8. The Patron, at its expense, will transport or arrange for the transportation of the Worker and the members of his family named on the reverse side of this agreement and not in excess of 35 kilos (77 pounds) of personal effects for each member of the family which shall not include household goods) from _________________________, Mexico, to the point or points of destination within the United States where the Patron has determined the work will be performed, and return to point of origin.
  • 9. The Patron will furnish to the Worker and to the members of his family accompanying him all necessary food, medical care and subsistence needs during periods of travel.
  • 10. The Patron will make all arrangements necessary under the laws for the entry and exit of the Worker and members of his family accompanying him, to and from the United States.
  • 11. The Worker shall work from the day following his arrival at the point of destination in the United States until _________________________
  • 12. The Worker will perform all work required of him with proper application, care and diligence during the term of this agreement under the direction and supervision of the employers but he will not be required to work on Sundays.
  • 13. This agreement may be renewed upon its termination upon the express consent of the Worker and with the knowledge of the Mexican Government.
  • 14. In the event the Patron should desire to utilize the services of a member of the family of the Worker, he may do so only with the full consent of the Worker and of the person whose services are desired, by the execution of a similar agreement in the presence of the Regional Director of the Farm Security Administration or his representative and with the previous consent of the appropriate Mexican Consul.
  • 15. Any member of the family under 14 years of age shall have the right to the same schooling as that received by children of other agricultural laborers in the area of employment in which the Worker may be working at any given time.
  • 16. The Worker shall not be required to purchase articles or services for consumption or use by him or his family in any establishment not of his own choice.
  • 17. The Worker will not be subject to discrimination in employment because of race, creed, color or nationality, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.
  • 18. Food, lodging, medical and sanitary services and other indispensable articles furnished to the Worker and to members of his family by the Patron or any Employer shall meet the reasonable minimum standards approved by the Patron.
  • 19. The Worker shall enjoy, as regards occupational diseases and accidents, the same guarantees enjoyed by other agricultural workers under the laws of the United States of America.
  • 20. The Worker designates the following persons as his economic dependents _________________________ (names and addresses), whom he designates as the beneficiaries of the sums and indemnities to which he would be entitled under the Law and this agreement.
  • 21. In the event the Worker should not be employed during the term of this agreement, as specified in Paragraph 11, such unemployment not being caused by his refusal to work or illness, 75% of the time for which he was contracted, the Patron will pay him $ 3.00 (American currency) per day for each day that he is not employed up to 75% of the work-days, which amount will be paid to him upon the termination of this agreement. If during his unemployment the Worker and members of his family are unable, upon the determination of the Patron, to supply their subsistence needs, he will receive necessary food, lodging, medical care and other subsistence needs. For the purpose of this paragraph, a day upon which the Worker works less than eight hours will not be considered a workday, and the hours worked on such days may be totalled, to determine the period of unemployment, in accordance with the procedure followed for other agricultural workers.
  • 22. In the event there should be an increase in the cost of living in the United States, the terms of the preceding paragraph will be subject to reconsideration, in accordance with the understanding between the Governments of Mexico and the United States.
  • 23. The Worker shall have the right to join with other Mexican laborers admitted under the understanding between the Governments of Mexico and the United States in the election of representatives to negotiate with the Patron or employers, such representatives to be members of the group electing them.
  • 24. All disputes between the Worker and his employer or employers shall be resolved through mediation, according to procedures established by the Government of the United States for agricultural workers.
  • 25. The Worker represents and warrants that he knows of no reason which would prevent him or his family from leaving or returning to Mexico, or entering or leaving the United States, as contemplated by this agreement. If the Worker or a member of his family shall not be permitted to leave Mexico or enter the United States, the Patron shall, at its expense, return the Worker and his family to their place of origin in Mexico. If after entrance into the United States the Worker or any member of his family becomes subject to deportation or removal therefrom under the Immigration or other laws of that country, or if the Farm Security Administration decides, after hearing the defense of the Worker, that the latter is unable or unwilling to work in accordance with the provisions of this agreement, or if the Worker or any member of his family violates any law of the United States, this agreement may forthwith and without notice be terminated by the Patron. Upon the termination of this agreement or upon the expiration of the period of employment provided for in paragraph 11, the Worker and his family shall immediately return to their place of origin in Mexico, at the expense of the Patron. If the Worker or any member of his family refuses so to return, the Patron may cause the Worker and his family to be removed to their place of origin.
  • 27. All rights, privileges and powers conferred by this agreement upon the Government of the United States shall be exercised by the Administrator of the Farm Security Administration of the Department of Agriculture of the United States or by its duly authorized representative.

Executed at Mexico, D. F., this _________________________ day of _________________________ 194__

                             
El Trabajador—Worker.  Los Estados Unidos de América—United States of America. 
_________________________ Por—By _________________________ 
_________________________ 
Título Oficial—Official Title. 
FARM SECURITY ADMINISTRATION U. S. DEPARTMENT OF AGRICULTURE 
Aprobado—Approved. 
Por—By _________________________ 
FAMILIARES: 
Nombres—Names.  Domicilio—Residence. 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 

CONTRATO INDIVIDUAL DE TRABAJO

Número—Number_________________________

que celebran el Gobierno de los Estados Unidos de América por conducto de la "Farm Security Administration" del Departamento de Agricultura, y que en el cuerpo del mismo se denominará "El Patrón", y el trabajador mexicano_________________________ a quien en el cuerpo del mismo se denominará "El Trabajador".

DECLARACIONES

  • 1a El Gobierno de los Estados Unidos y el Trabajador mutuamente desean que el trabajador se emplee ventajosamente en los Estados Unidos de América con el objeto de resolver la presente escasez de trabajadores agrícolas en ese país y para coadyuvar en el éxito de la guerra.
  • 2a El trabajador declara ser de nacionalidad mexicana por nacimiento, con domicilio en _________________________ de ____ años de edad _________________________ (casado o soltero)
  • 3a La Farm Security Administration del Departamento de Agricultura de los Estados Unidos de América está representada, en la celebración de este contrato, por el señor _________________________ quien acredita su personalidad a satisfacción de las autoridades mexicanas.
  • 4a El Trabajador reune las condiciones físicas necesarias para el cumplimiento del presente contrato, según la constancia expedida por los funcionarios debidamente autorizados de los Departamentos de Salubridad de México y de los Estados Unidos, que se anexa. El patrón reconoce a su satisfacción que se ha cumplido con tal requisito por lo cual acepta que el contrato no puede terminarse en atención a las condiciones físicas del trabajador o debido a cualesquiera cambios que pudieran presentarse en ellas durante el período de empleo; pero el Patrón puede dar por terminado el contrato en el momento en que se descubra que el Trabajador está enfermo del corazón, enajenación mental, padecimientos venéreos o crónicos que no fueron adquiridos durante, o como resultado de su trabajo en los Estados Unidos, o que padece alguna enfermedad contagiosa que se descubra en el trayecto entre el lugar de origen y el punto de destino en los Estados Unidos.
  • 5a El Patrón se obliga a celebrar contratos con el propietario o administrador (a quien se denominará el Sub-Empleador) de la finca o fincas de los Estados Unidos de América, en las que prestará sus servicios el Trabajador, en los términos que garanticen para éste, la debida observancia de las cláusulas del presente contrato; entendiéndose que el Patrón sená responsable, ante el trabajador y ante el Gobierno Mexicano, de tal cumplimiento.

EL PRESENTE CONTRATO DE TRABAJO SE SUJETARÁ A LAS SIGUIENTES CLÁUSULAS:

  • 1a El trabajador prestará sus servicios exclusivamente en labores agrícolas.

  • 2
  • 2a El Trabajador devengará salario igual al que se paga a los demás trabajadores, en la región respectiva por trabajos similares. En ningún caso dicho salario será inferior a 0.30 de dólar por hora. El señalamiento de salarios según la costumbre de los Estados Unidos incluye el pago del séptimo día, establecido por la Ley Federal del Trabajo de México. Los salarios por trabajos a destajo se arreglarán en forma tal que el Trabajador de habilidad común disfrute del salario establecido en la región.
  • 3a El patrón se obliga a que sus representantes o agentes harán del conocimiento del Trabajador, al iniciar éste la prestación de sus servicios y cuantas veces sea necesario, empleando el idioma castellano y en forma eficaz, cuál es el salario que le corresponde y cuáles son las condiciones de habitación, asistencia médica y demás facilidades a que tiene derecho por virtud de los términos del presente contrato.
  • 4a No se harán descuentos al salario del Trabajador por comisiones, cuotas o por cualquiera otra razón, (excepto los requeridos por la ley) que tiendan a reducir los ingresos del mismo a cantidad inferior a la mencionada en la cláusula segunda.
  • 5a El Trabajador manifiesta su conformidad para que le sea descontado de su salario el DIEZ POR CIENTO, y autoriza al Patrón para recibirlo del Sub-Empleador y conservarlo en calidad de depósito para serle reintegrado a su regreso al punto de origen, o tan pronto como sea practicable, en forma de créditos a su cuenta en el Banco de Crédito Agrícola de México.
  • 6a El Trabajador acepta el transporte, alimentos, alojamiento, medios de subsistencia y trabajo en los términos del presente contrato y formalizará todos los arreglos, recibos e instrumentos que para el cumplimiento de este contrato pudiera necesitar el patrón.
  • 7a El Patrón proporcionará al Trabajador y a los familiares de éste que se señalen en el reverso del presente contrato, servicios sanitarios y atención médica, todo ello en idénticas condiciones a las que disfruten los demás trabajadores agrícolas en la región de trabajo respectiva.
  • 8a El Patrón, a su costa, transportará o gestionará el transporte del Trabajador y de los miembros de su familia mencionados en el reverso de este contrato y hasta 35 kilos (77 libras) de objetos de uso personal para cada uno de ellos, (los que no incluirán menaje de casa) desde _________________________ México, hasta el lugar o lugares de los Estados Unidos en que, según determinación del Patrón, se desempeñará el trabajo, y regreso al punto de origen.
  • 9a El Patrón proporcionará al Trabajador y sus familiares que lo acompañan el alimento, atención médica y todos los medios de subsistencia necesarios durante el trayecto.
  • 10a El Patrón hará todos los arreglos necesarios conforme a las leyes para la entrada y salida del Trabajador y de sus familiares que lo acompañan, al territorio de los Estados Unidos.
  • 11a El Trabajador iniciará la prestación de sus servicios desde el día siguiente de su llegada al punto de destino en los Estados Unidos hasta _________________________
  • 12a El Trabajador desempeñará el trabajo que se le requiera con la intensidad, cuidado y esmero apropiados, durante el período del contrato bajo la dirección y supervisión del Sub-Empleador y no se le obligará a trabajar los domingos.

  • 3
  • 13a El presente contrato puede ser renovado a su vencimiento, mediante la voluntad expresa del trabajador y con conocimiento del Gobierno Mexicano.
  • 14a En el caso de que el Patrón pretendiera utilizar los servicios de algunos de los familiares del Trabajador, sólo podrá hacerlo mediante el consentimiento expreso de éste y de la persona cuyos servicios sean solicitados, celebrando el contrato respectivo ante el Director Regional de la Farm Security Administration o su representante y previa autorización del Cónsul de México que corresponda.
  • 15a Cualquier miembro de la familia menor de 14 años de edad tendrá derecho a recibir la misma instrucción escolar que se imparte a los niños de otros trabajadores agrícolas en la región en que el trabajador esté trabajando, en cualquier tiempo dado.
  • 16a El Trabajador no estará obligado a comprar artículos o servicios para su consumo o uso, o el de su familia en ningún establecimiento que no sea de su agrado.
  • 17a El Trabajador no será objeto de discriminación en el trabajo a causa de raza, credo, color o nacionalidad, de acuerdo con las estipulaciones de la Orden Ejecutiva Na 8802 del Presidente de los Estados Unidos, fechada el 25 de junio de 1941.
  • 18a El alimento, alojamiento, servicios médicos y sanitarios y otros artículos indispensables proporcionados al Trabajador y su familia, por el Patrón o algún Sub-Empleador, cubrirán los standards mínimos razonables aprobados por el Patrón.
  • 19a El Trabajador gozará, por lo que hace a enfermedades profesionales y accidentes de trabajo, de las mismas garantías que dísfrutan los demás trabajadores agrícolas, de acuerdo con la legislación de los Estados Unidos de América.
  • 20a El Trabajador señala como sus dependientes económicos a las siguientes personas _________________________ (nombres y domicilios) a quienes designa como beneficiarios de las indemnizaciones que a aquél le correspondieran por cualesquier conceptos emanados de la Ley y de este contrato.
  • 21a Para el caso de que el Trabajador permanezca desocupado durante el período de la contratación, según lo señalado en la cláusula 11a y siempre que la desocupación no sea motivada por su negativa a trabajar o por enfermedad, durante el 75% del término para el que haya sido contratado, el patrón le cubrirá 3.00 dólares diarios, que le serán pagados al finalizar el término del contrato. Si durante la desocupación el trabajador y sus familiares no pueden satisfacer sus necesidades de vida, recibirá, previa comprobación del Patrón, los alimentos necesarios, alojamiento, atención médica y demás medios de subsistencia. Para los efectos de esta cláusula, se considerará como día no trabajado aquel en que el Trabajador labore menos de ocho horas, y las horas trabajadas se computarán, para calcular el período de desempleo, de acuerdo con el procedimiento seguido para los demás trabajadores agrícolas.
  • 22a En caso de que haya aumento del costo de la vida en los Estados Unidos, lo pactado en la cláusula anterior será motivo de reconsideración, de acuerdo con el convenio celebrado entre los Gobiernos de México y los Estados Unidos.
  • 23a El Trabajador tendá derecho a asociarse con otros trabajadores mexicanos admitidos de conformidad
    4
    con el acuerdo celebrado entre los Gobiernos de México y los Estados Unidos, para elegir a sus representantes que traten con el Patrón o los sub-empleadores, debiendo ser dichos representantes miembros del grupo que los designa.
  • 24a Todas las disputas entre el Trabajador y subempleador o subempleadores serán resueltas por mediación, según el procedimiento establecido por el Gobierno de los Estados Unidos para los demás trabajadores agrícolas.
  • 25a El Trabajador manifiesta y asegura no tener conocimientos de motivo alguno que pueda impedirle a él o a su familia salir de o regresar a México, o internarse en o salir de los Estados Unidos con arreglo al presente convenio. Si al Trabajador o algún miembro de su familia se le niega la salida de México o la entrada en los Estados Unidos, el Patrón procurará que el trabajador y su familia retornen a su lugar de procedencia en México, a expensas de aquél. Si después de internarse en los Estados Unidos el Trabajador o cualquier miembro de su familia se expone a la deportación o remoción de aquel país, con arreglo a la Ley de Inmigración, o demás leyes, o si la Farm Security Administration resuelve después de haber oído la defensa del Trabajador, que éste está incapacitado para o se niega a trabajar conforme a los requisitos del presente convenio, o si el Trabajador o cualquier miembro de su familia infringe cualquiera ley de los Estados Unidos, el presente convenio puede inmediatamente y sin previo aviso darse por terminado por parte del Patrón. Al terminar el convenio o al expirar el período de empleo especificado en la cláusula 11a, el Trabajador y su familia retornarán en el acto a su lugar de procedencia en México, a costa del Patrón. Cuando el Trabajador o cualquier miembro de su familia se niegue a retornar en estas condiciones, el Gobierno de los Estados Unidos puede remover al Trabajador y a su familia al referido lugar de procedencia.
  • 27a Todos los derechos, privilegios y facultades conferidos por el presente convenio al Gobierno de los Estados Unidos serán ejercitados por el Administrador de la Farm Security Administration, por el Departamento de Agricultura de los Estados Unidos, o por su representante debidamente autorizado.

México, D. F., a ____ de _________________________ de 194___

                             
El Trabajador—Worker.  Los Estados Unidos de América—United States of America. 
_________________________ Por—By _________________________ 
_________________________ 
Título Oficial—Official Title. 
FARM SECURITY ADMINISTRATION U. S. DEPARTMENT OF AGRICULTURE 
Aprobado—Approved. 
Por—By _________________________ 
FAMILIARES: 
Nombres—Names.  Domicilio—Residence. 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 


1

CONTRACT FOR EMPLOYMENT OF AGRICULTURAL WORKERS IMPORTED FROM MEXICO

California Farm Production Council

THIS CONTRACT, Made this_________________________day of_________________________, 194_____, between the CALIFORNIA FARM PRODUCTION COUNCIL acting by and through the California Farm Production Director, hereinafter called the "Council" and Name of employer _________________________, of Address of employer _________________________, State of California, hereinafter called the "Employer."

WITNESSETH

WHEREAS, The Council acting in accordance with the duties and powers delegated to it by the California Food and Fiber Act desires to cooperate with Farmers in making agricultural workers available to alleviate the present shortage of agricultural labor and to aid in the successful prosecution of the war, and

WHEREAS, In order to effect this purpose the Council has entered into a cooperative Employment Agreement with United States War Food Administration, Office of Labor, for the employment of agricultural workers being imported from Mexico, and

WHEREAS, The Council in cooperation with the County Farm Production Committees of various counties will assist in establishing County Farm Labor Supply Centers for the distribution to farmers of agricultural workers imported from Mexico;

NOW, THEREFORE, In consideration of the foregoing, and of the undertakings hereinafter stated, the Council and the Agricultural Employer agree as follows:

1. Subject to a sufficient number of Mexican agricultural workers being obtainable by the Council, the Employer shall employ upon the following terms, Number _________________________ such agricultural workers.

a. The employer agrees to employ each worker exclusively as an agricultural worker, for at least seventy-five per cent (75%) of the work days (each day in the week except Sunday to be considered a work day) between _________________________, 19_____, and _________________________, 19_____, and for such further time as the Employer and the Council may mutually agree, such entire time being hereinafter called the "period of employment."

b. The Employer shall be required to furnish such employment to a worker hereunder only so long as the worker is ready, willing, and able to work under the supervision and direction of the Employer; but shall not demand the worker to work on Sundays.

c. The Employer shall pay each worker a minimum subsistence allowance of three dollars ($3.00) per day for each work day within said minimum of seventy-five per cent (75%) of the work days that the worker is not employed; provided, however, that no subsistence allowance shall be made for work days in which the worker is unemployed as the result of his refusal to work or his illness or other physical incapacity. The amount of such subsistence allowance shall be computed and payment therefor shall be made at the end of each ninety (90) day period, if this contract is for a period in excess of ninety (90) days.

d. The Employer shall provide board and lodging for the remaining twenty-five per cent (25%) of the period of employment provided in this contract during which the workers may be unemployed, when such unemployment is not due to their unwillingness to work. The United States War Food Administration will reimburse the Employer for such board and lodging paid up to January 1, 1944, or until the termination of this contract, whichever is the earlier.

e. A work day shall contain not less than eight hours nor more than twelve hours; provided, however, that to determine the amount of employment under paragraph 1a of this agreement, hours of work less than eight done on any day except Sunday may be added to hours of work less than eight done on any other day except Sunday, and for such purpose each ten hours of work shall be counted as a work day.

f. Work shall be paid for in lawful money of the United States Government at the end of each week of work, or at the end of the customary payroll period if those periods do not exceed semi-monthly intervals at not less than the prevailing piecework or hourly wage rates within the particular area of employment; provided, however, that the Council reserves the right to remove any worker who does not average three dollars ($3.00) a working day in any pay day period. The prevailing wages shall be determined in such manner as the Agricultural Extension Service may direct.

g. It is mutually agreed that a worker of average ability is one who can, after a three-day training period, at the prevailing piecework rate established by the U. S. Government, earn at least three dollars ($3.00) per day.

h. The Employer shall pay all costs of transportation of the worker from the County Labor Supply Center to place of employment and return.


2

i. No deduction from wages shall be made for commissions, fees, or any other purpose (except as may be required by law), which shall have the effect of reducing the worker's wages below those required by paragraph 1f of this agreement.

j. The Employer shall retain from each worker transported from Mexico, ten per cent (10%) of his wages and subsistence allowance provided for in paragraph 1c. Such sums will be paid to the Council at the time and in the manner prescribed by the Council.

k. The workers shall be entitled to the benefit and protection of applicable laws and regulations of the U. S. Government and the State of California, and the Employer shall provide Workmen's Compensation Insurance for all workers employed hereunder during the period of employment. No Employer shall loan or reassign any Mexican workers to other Employers without it being first determined that such prospective Employer carries Compensation Insurance.

l. The workers shall not be required to purchase articles or services for consumption or use by them (or their families) at any source not of their choice.

m. The worker shall be entitled to freedom from discrimination in employment because of race, creed, color, or national origin, in accordance with the provisions of Executive Order No. 8802 of the President of the United States dated June 25, 1941.

n. Mexican nationals shall have the right to join with other workers in the election of representatives to bargain and negotiate with the Employer; provided, however, that any of the workers who have been transported by the Government from Mexico for employment shall join only with other such workers transported from Mexico, and shall elect their representatives from such workers.

o. There shall be no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the workers and the Employer shall be determined by mediation according to procedure prescribed by the Government.

2. The Council shall determine from time to time, and its determination shall be conclusive, whether the Employer has paid all sums to be paid by him hereunder, and shall have the right to pay (as subsistence allowances or otherwise) to the persons it determines to be entitled thereto, all or any part of any such sums which it determines have not been paid, in which case the Employer shall repay the Council.

3. The Employer shall keep, upon forms to be supplied by the Council, full and complete records of the employment and wages of each worker under this agreement. Such records shall be at all times open to inspection and examination by the Council, which shall be entitled to make copies thereof.

4. The Employer shall pay to the Council for the cost of operation of the Farm Labor Supply Center, four cents (4¢) per man-hour worked by each worker under this agreement. This sum shall be used to pay cost of rental of supply centers, supervision, allocation of workers to farmers, accounting, liability insurance of workers while under camp supervision and all other items of necessary expense for the operation of such Farm Labor Supply Centers. To partially defray these expenses the Employer is required to deposit with the Council at the time of signing this contract two cents (2¢) per hour for the estimated hours that will be worked under this contract, the remaining two cents (2¢) per hour is to be paid at the end of each payroll period for the hours worked during such period.

5. If the Council determines that the Employer has violated any of the terms or undertakings of this agreement, it may, without waiving any other remedy or course of action, deprive the Employer of the further services of the workers under this agreement.

6. In the event the employer furnishes board and lodging for any Mexican workers, such board shall be at cost and in no case shall it exceed one dollar and fifty cents ($1.50) per day. Lodging shall be furnished free and shall meet the housing requirements of the State of California. Each Mexican worker has been provided with food ration books by the United States Government. The Employer shall be responsible for the proper use and safe return of each worker's ration books. All books shall be returned intact and with only the necessary stamps removed for the purchase of food for the worker during the period of his employment. The Employer shall use a like number of food stamps from each worker's ration books for the same employment period. If, at the termination of employment of any worker, the Employer has in his possession any food purchased with the worker's food stamps, the Council reserves the right to purchase such food at cost.

7. Any rights, privileges, and powers conferred herein upon the Council shall be exercised in its behalf by the California Farm Production Director.

IN WITNESS WHEREOF, The Council and the Employer have executed this agreement as of the date first above written.

CALIFORNIA FARM PRODUCTION COUNCIL
_________________________
California Farm Production Director
_________________________
EMPLOYER
By_________________________
WITNESSES:
_________________________
_________________________


1

[Letter from Davis McEntire to John H. Provinse, April 13, 1942]

C O P Y

222 Mercantile Building
Berkeley, California

April 13, 1942AIR MAIL<

TO: John H. Provinse, Acting Head, Division of Farm Population and Rural Welfare
FROM: Davis McEntire, Regional Leader, Berkeley, California
SUBJECT: Importation of Agricultural Laborers from Mexico

In response to your telegram of April 9, we have assembled such information as was readily available relative to the need for importing agricultural laborers from Mexico at this time. In addition to our ordinary sources of information we have consulted with officials of the Mexican Consulate at Los Angeles, the U. S. Employment Service—regional, state, and Los Angeles offices—the California State Division of Immigration and Housing, the Work Projects Administration for southern California, the Minority Groups Branch of the War Production Board, the Los Angeles County Department of Public Assistance, the Spreckels Sugar Company, the Congress of Industrial Organizations, several A.F.L. International Unions, and the Federation of Spanish-American Voters.

This subject has been considered recently by the State Farm Labor Subcommittee, the Regional Labor Supply Committee, the U.S.D.A. War Board, the Agricultural Committee of the State Defense Council, the Farm Bureau, and the Grange. We have had access to their data and conclusions.

1. The Farm Labor Situation in California

a) Supply Conditions:

Migration of workers to defense areas in California is still a dominant feature of the labor pattern of this State. During the recent period of expanding war industry, the labor supply in California has been augmented by continuing migration from other states, greater in volume than ever before with the exception of two or three years in the 1920's. The California Taxpayers Association estimates that the state's population increased by 443,000 persons between April 1940 and January 1942. Probably not less than 350,000 of these new people were migrants from other states. It is common knowledge that a large portion of the recent migrants are workers, mostly below middle age.

The border count of persons in parties who are in need of manual employment entering California by motor vehicle continues at a high level. The entry of more than 110,000 such persons was recorded in 1941. This was 5,000 more than entered during 1937, peak year of so-called drought-refugee migration. The count for January and February this year exceeds even last year's movement, with March showing some decline over last year.


2

Therefore, while war industries and Selective Service have made large drafts on the labor supply, accretions to the working force through migration have also been large.

It has been maintained that a large part of these migrants are farm workers who have left the farms for higher paying industrial jobs. Undoubtedly it is true that most of these persons are seeking the higher paying jobs in defense industries, but there is some doubt that farmers and farm laborers are entering defense industries in significant numbers. Weekly reports of work applications received by the U.S. Employment Service in Los Angeles indicate a total of 2,381 persons classified in agriculture, fishing, and forestry for the period December 20 to February 6. This is only 3.1 percent of all job applicants.

Another supporting source is the WPA survey of the four defense areas in California (San Francisco, Oakland, Los Angeles, and San Diego) which shows that only 10 percent of the total number of migrant defense workers had farming experience. This is not to deny a degree of movement of farm workers from farms, but merely to point out that the more likely movement has been from farms to better paying jobs which have been vacated by more skilled and qualified workers who have not been engaged in farm work.

The net effect of the various supply factors virtually defies measurement but there are several indications of a still substantial labor reserve. On February 14, registrations for employment in war industries in California totaled 44,896, or about 3,000 more than the number for January. Of this total, 21,299 were primary registrations of workers fully qualified and available for immediate referral and an additional 1,643 were supplementary registrations of workers similarly qualified. About 12,677 persons were registered as receiving training in these selected occupations. This does not include registration for clerical, stenographic work, and similar occupations.

According to the Pacific Coast Labor Market Summary, the February inventory of active-file registrations indicated that only 45,000 of the 336,000 applicants for work at the U.S. Employment Service offices in California were available for employment in the skills listed as essential to war production and construction. Many persons in such unutilized pools of potential farm labor will look more favorably upon agricultural employment as the season progresses.

According to the California State Department of Social Welfare there are about 68,000 persons receiving county indigent aid. This is exclusive of the aged, the blind, and needy children also receiving aid. There are, in addition, about 64,000 persons now employed on WPA projects in California.

Special mention should be made of the resident Mexicans, of whom there are more than a quarter of a million in southern California alone. A high proportion of these Mexicans ordinarily seek employment in agriculture and they are one of the principal farm labor groups in the State. From all accounts, unemployment among these people is severe at the present time. They have not been drawn into war industries to any great extent. The difficulties in getting consideration for defense employment have been repeatedly brought before the Regional Labor Supply


3
Committee, of which the writer is a member. The birth certificate requirement and various restrictions on employment of aliens in war industries have been serious obstacles to their getting into the war industries. Mexican leaders are generally convinced that their people are being discriminated against.

/b) Demand Conditions:

(1) Industrial Employment in California

The California Division of Labor Statistics reports that industrial employment is continuing to expand. About 515,000 wage earners were employed in manufacturing establishments during February 1942, or nearly 47 percent more than in February 1941. These data are supported by the Pacific Coast Labor Market Summary of the Social Security Board, which reports 334,600 persons employed in the major aircraft and shipbuilding firms. This represents an increase of 80,000 employees during the past 3 months. It is expected that another 16,300 workers will have been taken by aircraft firms before April 15 and a total of 31,400 within 6 months. The major shipbuilding firms, now employing 133,000 workers, expect to have added 20,000 new workers before mid-April and 44,400 by mid-August.

(2) Agricultural Employment in California

Seasonal employment in the important agricultural activities in California as reported by local U.S. Employment Service offices increased slightly during the week ending March 28 to a total of about 26,500 workers. Significant increases during the week were reported for the asparagus harvest, now using about 5,900 seasonal workers, the spinach harvest, using about 1,000 workers, and sugar beet thinning, with about 1,300 seasonal workers now employed.

There was a reported State-wide surplus of 6,500 unemployed agricultural workers on March 28 in counties where major crop activities are now in progress or about to begin. About 5,000 of these were reported in southern California and nearly 1,000 in Sacramento Valley counties, while smaller numbers were reported in other areas.

At present there are about 8,000 seasonal workers picking citrus in the southern counties and about 2,500 workers are currently engaged in harvesting carrots in the Imperial Valley. Ventura County, with 3,200 seasonal workers, 2,800 of them in citrus, led the central coast area in number employed. In central coast counties an increase of more than 600 workers was reported, most of these for thinning lettuce and sugar beets. There was an unfilled demand for 600 seasonal workers in this area. This work is done mostly by Mexicans and Filipinos and facilities by farmers are available to these groups only.

In the Sacramento-San Joaquin Delta counties asparagus was the only crop activity reporting an unfilled labor demand. About 1,200 additional seasonal workers were requested by growers. Although the reported surplus of workers in this area is about equal to the shortage of asparagus workers, farmers prefer to hire Filipino workers rather than whites for this work. So far, farmers growing asparagus, sugar beets, and lettuce have shown little inclination to use other than Mexican and Filipino seasonal workers. One grower brought in 35 Negro workers from Georgia and another grower hired a full


4
Negro crew in Los Angeles, but this practice has not been favorably accepted by other growers.

Several instances of local farm labor shortages occurred last year in California and more of such instances are probable for this year. Apart from this there is a widespread belief that general shortages are imminent. For example, the BAE Farm Labor Report of March 16, 1942, estimates farm labor supplies of California to be from 22 to 39 percent below normal and from 25 to 39 percent below the supply available on January 1, 1940. Since these figures are based upon estimates of farm crop reporters they may be taken as farmer appraisal of the degree of reduction in labor supply. However, the same report shows that despite the real or anticipated shortage, there was an increase in total farm employment in the Pacific States. On March 1, 1941, total farm employment for the Pacific States was 459,000 persons compared with 474,000 persons on March 1, 1942. Of these it was estimated that hired workers numbered 173,000 persons on March 1, 1942, as compared with 158,000 on March 1, 1941.

Thus, farmers, as represented by crop reporters, have increased their number of hired employees by almost 11 percent from a labor supply estimated by them to be only three-fourths to two-fifths of that in 1940. No one may deny the fact that fewer farm laborers are available this season. This reduction has been made against a great surplus of farm workers built up during the 1930's.

However, it has not been demonstrated that a general shortage exists. Such a contention cannot be reconciled with an increase of 11 percent in the number of hired farm workers reported on farms for March 1 of this year. No doubt, in many instances, these workers were obtained at higher wages, but this is true for all other industries as well. The extent to which potentially available workers can be induced to take agricultural employment depends in a large part on relative wages. Although farm wages have risen during the past year they are still at levels which compete unfavorably with wages for alternative employment for potential and other farm workers. Compared with last year, farmers on March 1, 1942, were reported to be paying 15 to 24 percent higher monthly wages, 20 to 30 percent higher daily wages, and 20 to 30 percent higher hourly wages. Even with these increases monthly wages are $65 with board and $90 without. Day wages are $2.90 with board and $3.70 without, while hourly wage rates vary from 35 to 60 cents with the most frequent at 40 and 45 cents. Wages in nonagricultural lines (not only in war industries) generally range from 50 cents to 70 cents per hour. With this differential it is not surprising that unemployed workers are often reluctant to travel far from their homes to take short-time agricultural jobs. By way of illustration, it may be mentioned that the Los Angeles office of the Employment Service last week received an order for 600 workers for the guayule fields in the Salinas Valley, 300 miles distant. The wage offered was 60 cents per hour and the local manager advised us he expected to have no difficulty in filling the order. He stated, however, that it was often difficult to persuade workers to take farm jobs at 35 cents and 40 cents per hour. Nevertheless, the only other large order for agricultural workers pending at the time (200 vegetable workers in Los Angeles County) was being readily filled at 40 cents an hour by workers taken off the public assistance rolls.


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(3) Possibilities for Rationalizing the Use of Labor in the Production of Sugar Beets

The A.A.A. has reported that up to April 4, 1942, there were 185,016 acres of sugar beets contracted by beet companies in California, of which 137,997 acres have been planted at that date. This compares with estimates made by sugar beet companies that 195,106 acres are contracted for 1942. On the basis of present plantings, the harvested acreage this year will be slightly in excess of the 126,409 acres harvested last year, and then only if no crop failure is experienced.

In comparison with most field crops the annual seasonal labor requirements for sugar beets is relatively high. Operations for which seasonal labor is required include thinning, hoeing, pulling, topping, and loading. Peak periods of labor demand occur during April and May, mostly for hoeing and thinning operations, and from August to October when harvesting is at its height. When reference is made to seasonal labor in the sugar beet industry it is to what is known as contract labor. Farm management studies of the California Agricultural Extension Service indicate that on efficiently operated farms in northern and central California there are 77 man-hours of contract labor required out of a total of 102 man-hours per acre. If production techniques remain unchanged there are three alternatives open to the sugar beet grower in meeting the need for contract seasonal labor required for his crop. A shortage of Mexican and Filipino workers at prevailing wage rates may be met either by raising the wage to a level which competes favorably with those occupations into which Mexican and Filipino workers are said to be going, or by using workers other than Mexicans and Filipinos. Neither of these two alternatives is as desirable to sugar beet growers as the third, namely, the importation of Mexicans. Raising wages results in greater costs, and hiring workers other than Mexicans and Filipinos involves adjustments in methods of hiring, supervision, housing, feeding, etc. Hence, importation of Mexicans is the easiest and cheapest thing to do because it requires no alterations in either the wage structure or the labor structure.

There are, however, numerous possibilities for rationalizing the use of available farm labor within the present labor structure aside from adjustments which contemplate the use of workers other than Mexicans and Filipinos. First, there are several well known innovations which will reduce labor required for thinning and hoeing.

Almost all thinning of beets in California has been done by Mexicans, together with a few Filipinos, Japanese, and Hindus. These workers use a short handled hoe, crawling along the rows on their hands and knees. Usually a worker takes two rows at a time, blocking and thinning as he goes. Professor W. W. Robbins, one of the highest authorities on beet production, states that, "Generally speaking, there is much room for improvement in the method of work of thinners." He believes the method of thinning used in Europe, the Middle West, and the Rocky Mountain States is superior to that used in California. Two distinct operations are involved in this method. There are (1) blocking or spacing, and (2) thinning proper. Blocking is done with a long handled hoe or by machine, and thinning is done by hand. Advantages of


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this method are stated by Robbins to be (1) thinners are compelled to leave a beet in the block, (2) the stand is usually more uniform, (3) the spacing or blocking can be performed when the beets are still too small to be thinned, and (4) increased yields are obtained. Note that the above suggestion not only lengthens the season for working but eliminates one "stoop" operation by substituting a long handled hoe for the short one if blocking is by hand, and better yet, machine blocking eliminates almost entirely the hand labor of blocking. Machine blocking has been demonstrated by experiments and hundreds of successful growers as a practical substitute for hand blocking of beets grown on the flat as they are in the Sacramento-San Joaquin Valleys. No special equipment is required since the usual type of cross blocking is done with an ordinary beet cultivator with the tools spaced to leave blocks of the required size. Robbins considers the advantages of mechanical blocking to include the following:

  • a. Will avoid losses due to shortage of labor.
  • b. Provides good cultivation and weed control.
  • c. More rapid recovery of plants after blocking.
  • d. Can be done much earlier in the season with reduced seedling mortality.
  • e. Saves time and is lower in cost.

A second proven method of reducing seasonal labor required for thinning is the planting of sheared seed combined with mechanical cross cultivation. Mr. C. A. Lavis, field superintendent of the Holly Sugar Company, estimates that 15 to 20 percent of the acreage contracted by his company this year in California has used sheared seed. He states that this together with cross cultivation completely eliminates the necessity for hand thinning and reduces hoeing as much as 50 percent. It is further thought by Mr. Lavis that even though unsheared seed is used there will be a considerable increase in cross cultivation this year to reduce the costs of thinning and hoeing. It is significant that this increase is stated to be due to increased labor costs and not due to a labor shortage as such. Mr. Lavis points out also that cross cultivation may begin as early in the spring as a satisfactory degree of germination is assured. This offers a very much extended period over which thinning is accomplished and permits a smaller labor force to be hired for hand hoeing over the extended period.

Harvesting beets in California begins only when there are sufficient beets matured to keep the factory in the district operating at full capacity. The season would be extended and fewer workers required if harvest were begun as soon as tests indicated the maturity of a specific grower's beets. Stock piles could be accumulated until sufficient tonnage was available to merit operating the plant at capacity. Storing beets in large piles is a common practice in regions where it is necessary to harvest beets more rapidly than they are processed to avoid early freezing of the soil. This involves the use of mechanical piling and subsequent handling at the expense of the sugar plant and has been largely avoided in California for that reason.


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During the season growers ordinarily may not harvest beets more rapidly than they may be processed by the sugar plant in their district. When the incoming tonnage exceeds plant capacity the usual practice is to prorate the acreage to be harvested each week among the farmers having mature beets. Often this results in partial work weeks and even partial work days for topping and loading crews and for hauling trucks.

Such prodigal use of labor is not feasible in the present emergency. Increased tonnages will undoubtedly be received this year. Sugar beet plants should disassociate rates of harvest from rates of processing. Records of the California Department of Employment, Unemployment Reserves Commission, show that the level of monthly employment in sugar beet processing plants during August, September, and October is usually four times the level existing during the months of December, January, February, March, and April. The accumulation of preseason and postseason stock piles would reduce considerably the magnitude of this seasonal variation in employment.

There are numerous adjustments that could be made in promoting more efficient use of skilled beet workers. Possibilities for shifting organized groups of single males from one crop to another within a given area are considerable. The work of recruitment is minimized, workers gain more steady employment and greater annual income, and growers obtain skilled labor of the type they desire most. For example, thinning and hoeing of sugar beets is under way in southern and central coast counties. Thinning in Orange County is about completed and 250 to 300 workers will be released. A large part of these might be induced to go to Santa Barbara and Ventura Counties where shortages of about 600 beet workers were reported last week. Declining harvest of naval oranges and lemons now using 2,800 workers in Ventura County will release additional workers to join the surplus already reported. Numerous Mexican workers will be released from citrus picking during the months of April and May. Beet growers in Santa Barbara and Ventura Counties could obtain a portion of this group through wage inducements which would equal those offered in alternative employment.

Thinning, blocking, and hoeing of sugar beets has begun in the Sacramento-San Joaquin Valleys. Around 4,500 seasonal workers are required at the peak during May. Many of these workers of the type desired by growers may be obtained from asparagus workers released during May. Achieving a high degree of rationality in the use of available labor held by growers to be suitable for sugar beet operations will require a considerable amount of coordination among field men of the asparagus, citrus, lettuce, and sugar beet growers. However, no great barriers preclude this coordination if growers and field men can be prevailed upon to give the matter serious thought.

2. The Case for the Mexican

It was pointed out above that there is, as yet, no general agricultural labor shortage in California. The case for Mexican importation rests with the conviction on the part of sugar beet growers and processors and vegetable growers that only three population groups are suitable as sugar beet and vegetable labor—the Mexican, the Filipino, and the Japanese. The Japanese labor supply can be written


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off as a consequence of the actual or forthcoming evacuation. It is the contention of these employers that the supply of Filipino labor is dwindling rapidly as the competition of war industry grows and as inductions into the Army increase. There remains only, according to this premise, the resident Mexican labor supply, insufficient in itself for the need and likewise dwindling. So far as new recruits are concerned, if eligibility is restricted to Filipino, Japanese, and Mexicans, importation of Mexicans is the only available source.

The contention that only Mexicans, Filipinos and Japanese are suitable labor for sugar beets and vegetables has a long history in California. It is at the very heart of the widely held belief that "stoop labor" can be performed only by certain racial groups. These "stoop labor" theories have been elaborated to the point where many persons firmly believe that there are anatomical differences which make one race suitable for certain tasks and others quite unsuitable. That these contentions are patently absurd in no way diminishes the force with which they are held. It is certainly true that individuals of long experience and conditioning to certain tasks will be far more skillful in their performance than will unskilled and unaccustomed persons. Consequently an experienced Mexican will be far more efficient than an inexperienced non-Mexican. But he will be more efficient than an inexperienced Mexican as well. The petitions for importation of Mexican labor do not require that the labor imported be skilled beet or vegetable workers, indeed they would be very difficult to come by. All that is required is that they be Mexicans. The issue is basically one of race.

The close identification of Mexicans with sugar beet labor occurs after importation. The reasons are fairly obvious. The housing and working conditions which have prevailed in the sugar beet fields as well as the nature of the work have made sugar beet labor unattractive to any group with alternative opportunities for employment. The great majority of housing available is designed for single males and is entirely unsuitable for family labor groups. This has further fostered the almost exclusive uses of disadvantaged minorities in the sugar beet fields which in turn has reinforced the identification of sugar beet labor with low social and economic status. So long as sufficient supplies of labor were available from racial minorities there has been no incentive or need for improvement of the working conditions of sugar beet labor and no broadening of the labor base. When supplies of Mexican, Filipino, or Japanese labor grow short the first resort is to the reservoir of labor across the border in Mexico.

Presumably the evidence on which the decision will be made to support or oppose the importation of agricultural labor from Mexico will be evidence of actual labor shortage. This question cannot be considered in any rational fashion until the question of the suitability of non-Mexican labor is disposed of. If the contention of the sugar beet companies that no one except Mexicans, Filipinos, and Japanese can work in sugar beet fields is agreed to, the probability of a labor shortage is greatly increased. If, on the other hand, the widespread use of native-born labor that is so characteristic of Utah and part of Idaho is suitable to California as well, the probabilities are against any significant labor shortage in 1942.


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One of the most persistent reasons advanced for the obligatory use of Mexican labor (single males) is the unsuitability of present housing accommodations to family group. It is argued that alternative labor supplies, even if alternative supplies are available, would require family housing which is not available and cannot be constructed due to the earmarking of materials for war use. This is a valid argument at this time and it is quite true that there would be virtually insuperable obstacles in the way of any extensive new construction. It is equally true, however, that no effort was made to construct suitable family housing last year when shortages were anticipated and materials were available. Each crop year has its own emergencies and so long as employers of sugar beet labor can use Mexican importation as a means of meeting these emergencies little improvement can be expected.

The five California sugar companies have petitioned the Department of Justice for permission to bring 4,000 single Mexican males into California as sugar beet laborers. In support of the need for such importation the petition sets forth a schedule of labor requirements month by month in 1942. According to this schedule, compiled on March 9, and submitted to the Department of Justice on March 27, the peak requirement occurs in the month of May and necessitates 11,602 laborers. The requirements for the month of April are set forth as 10,443. The month of April is half over and it is very much to be doubted that the petition could be favorably acted upon, importation get under way, and labor not yet even recruited be made available at the farm in time to meet the peak requirements of May. In any event the labor needs of April, if met, will have to be met by labor now available and the lateness of the petition does not suggest that the several sugar companies have counted very heavily on using Mexican labor to meet the requirements for April.

In itself there are no serious objections to labor importation. The objections arise from the ease with which labor importation may be used to evade what may be considered the reasonable obligations of employers to pay fair wages, provide decent housing, and working conditions, and to use labor efficiently and without waste. Labor importation in California has more frequently sprung from a desire to cheapen the price of labor than from any absolute need for labor per se. There is no convincing evidence that the same motives are not operating at present. The sugar companies maintain that this is not the case and could not be since the Government sets the wage for sugar beet labor. However, the Government establishes minimum wages only. In the absence of any sizable labor importation wages to sugar beet labor may be expected to be 10 to 20 percent above these minimums. If guarantees can be provided to Mexican labor that will insure that Mexican labor will be as costly to employers as labor presently within the United States much of the attractiveness of importation would disappear and some progress might be made in the more efficient utilization of available labor supplies. It cannot be too strongly urged that if importation of Mexican labor is allowed a responsible agency be charged with the formulation of a set of conditions and guarantees covering wages, hours, working conditions, and living conditions which will insure the use of this labor supply only under conditions of labor shortage and not as a means of perpetuating the disadvantages under which sugar beet labor has always worked.


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No one can predict with assurance the adequacy of a labor supply. What evidence there is points to sufficient supplies of labor in California to meet all the needs of agriculture this year, providing only that adequate wages are paid and tolerable working conditions provided; that the available labor is efficiently used and moved quickly from place to place to meet the shifting labor demands; and that local labor resources are intelligently mobilized to meet peak demands. It seems to us only sensible to make maximum use of labor resources in each community and in the State, to eliminate unemployment and underemployment before importing foreign laborers. We would go farther and argue that unemployed and inefficiently employed workers in other states should be moved to California before resorting to foreign labor. Mr. Taeuber's recent testimony before the Tolan Committee gives ample evidence of large agricultural labor reserves in the southern and southwestern states.

At the same time, we realize that most farmers in California are exceedingly fearful of a crippling labor shortage. Even the best statistics could not allay this fear and our statistics are none too good. The farmers' anxieties are rooted in the history and culture of California agriculture. Farmers in this State have always been accustomed to and dependent upon a large pool of casual labor, upon which they could draw at will and with little effort, to meet their needs for temporary, seasonal work. Farmers have not had to learn how to operate without an abundant labor reserve nothing in their experience has prepared them for a situation which might require rationalized employment practices. Consequently, at the first signs of diminution of the labor pool, when farmers find that they must recruit labor, must compete for labor, must adjust their operations to the availability of labor, they cry "labor shortage."

At present the cry has become a roar. The fear of labor shortage approaches panic and it may have serious repercussions on production, quite regardless of whether it is justified or not. The first objective of agricultural policy during the war is to increase production. If panic fear of labor shortage threatens to defeat this objective, as seems likely in the present instance, then it becomes necessary to take steps to allay the fear, even though it may have no foundation in fact. As previously indicated, no amount of statistical evidence (even if we had it), and no amount of urging of economies in labor use and mobilization of community resources will suffice to allay the present panic. The farmers are likely to be reassured by nothing less than a promise to restore their assuctomed [sic] labor pool.

These considerations prompt us to suggest that it would be wise policy to arrange for importing Mexican laborers under certain conditions. But we attach very great importance to the conditions which should surround any importation. Simply to let down the barriers and permit private agencies to recruit labor in Mexico at will, as employer interests are proposing, would be, in our opinion, disastrous. The supreme importance of surrounding labor importation with stringent conditions will appear from a review of past importation and its consequences.


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3. The Record of Previous Importation of Labor from Mexico

The importation of laborers from Mexico during World War 1 and subsequent years is one of the sorry episodes in the history of California. Mexicans were brought in by employer groups and labor contractors, usually with promises of high wages and steady employment, sometimes with promises of repatriation and sometimes without. But once in this country, promises made little difference. On the whole, the Mexicans were shamelessly exploited. They were used at the hardest kinds of labor, under the meanest working conditions, and when employers had no further use for their services, they were thrown on their own devices and left stranded. In many cases wages promised them were never paid; unscrupulous labor contractors took advantage of their ignorance to deprive them of their earnings. Guarantees of repatriation were seldom fulfilled. The Mexican Consulate at Los Angeles has handled thousands of cases of Mexicans victimized by unscrupulous employers and labor contractors and left stranded in a foreign country without resources.

The importation of Mexicans during the World War and afterwards helped build up a tremendous pool of cheap, casual labor in California and other border states. This population has been and still is treated in much the same fashion as the Negroes in the South. They are accorded no place in "white" society; they live in segregated slum quarters similar to the Negro districts in Southern towns; they are expected to work for less pay than "white" men and are discriminated against in all types of employment except common labor, in which they are valued according to their docility. They have no civil liberties safe from violation. They have been much esteemed as casual farm laborers because they were not inclined to question the employer's account of wages, willing to work at hard, exhausting labor for long hours with little pay, and demanding little in the way of housing or other living facilities. This was true of the "greenhorns" freshly arrived from Mexico but it became less true as the immigrants became familiar with their new environment. A Mexican Agricultural Workers Union was organized and called a number of strikes, always met by terroristic vigilantee and deputy sheriff action quite prepared to use violence to put the Mexican in his place. The last strike of the Mexican Agricultural laborers occurred in Southern California in 1936 and was the occasion for breaking the union by a combination of vigilantee and deputy sheriff terrorism using clubs, guns, tear gas, wholesale arrests and most of the other weapons in the union-busting armory.

The social segregation, economic discrimination, poverty, exploitation, intimidation, violence, and violation of civil liberties which have been the accustomed lot of the Mexicans in California could be documented at length and in detail. In this report we can only point out the main features of the situation.

Casual laborers for the most part, the economic position of the Mexicans has always been intensely insecure. When the depression came, they were the hardest hit of all groups. Thousands of families went on relief when they could get it. Many thousands were glad to get out of this country and be repatriated to Mexico. The Mexican Consulate at Los Angeles estimates that 50,000 persons were repatriated from that one city. For many thousands of Mexicans who came to this country as laborers, repatriation was the end of a very sad story. Large-scale repatriation ended in 1936, but has been continuing sporadically down to the


12
present time. A member of the Los Angeles County Board of Supervisors made a trip to Mexico City last winter to discuss further repatriation with the Mexican Government. We have not been able to learn the outcome of his mission.

4. Necessary Conditions for Importation

In order to grow and harvest the crops required for successful prosecution of the war, it is necessary to have an adequate farm labor supply. But it is not necessary to have exploited labor, nor is it necessary to perpetuate the bad conditions—the bad housing, the violation of civil liberties, the misery and degradation of the working force which has been characteristic of California agriculture. It is not necessary to repeat the shameful treatment accorded Mexicans who in the past came to this country to work in the fields. Certain employer groups are fighting to perpetuate these conditions; it is not merely a labor supply which they wish from Mexico, but a cheap, docile labor supply which will enable the perpetuation of traditional labor conditions. The proposals for importing 50,000 or 100,000 Mexicans emanating from presumably responsible groups reflect in part sheer panic, and in part a desire to flood the State with cheap, exploitable labor.

This year, for the first time in many years, there is a reasonably close balance between the supply and demand for agricultural labor. Providing panic fears of labor shortage can be allayed, we believe it is highly desirable to maintain a close balance. To do so will encourage efficiency in use of labor, encourage the development of a rationalized labor market and stimulate improvements in housing and other working and living conditions on farms. Already some progress has been made in these directions. In several counties, the farm labor committees are making plans for more efficient use of labor and for mobilizing community resources to meet peak needs. A new attitude toward housing is beginning to appear. The FSA camps are now popular with the farmers where once they were fervently disliked. The California Division of Immigration and Housing reports a change of attitude toward its program; many farmers are now writing in to request assistance in improving their camping and housing facilities. In brief, farm workers are beginning to be regarded as persons of value, rather than as commodities to be used, then gotten rid of as quickly as possible.

These developments, we feel, are highly worthwhile both in war and in peace. We are loath to see them cut short by another flood of cheap, foreign labor. Therefore, we hold that Mexicans should be brought in only as needed, not in great numbers, and with iron-clad guarantees as to wages, employment, living conditions, civil treatment, and eventual repatriation.

5. International Considerations

The bearing of Mexican labor importation upon relations with Mexico and other Latin American nations must not be overlooked. Our Government is placing much importance on the Good Neighbor Policy, on Hemisphere Solidarity, Hemisphere Defense, and special programs to strengthen economic and cultural relations with Latin American countries. It would ill accord with this general policy to assert


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the right to exploit the labor of Mexico; to bring in large numbers of Mexican people and turn them over to the mercies of farm employers and labor contractors. Were the United States to repeat the experience of the previous period of Mexican labor importation, it would undoubtedly be difficult for many Latin Americans to believe wholeheartedly in the sincerity of the Good Neighbor policy and the policy of Hemisphere Solidarity. We are guided to this conclusion by recent talks which we have had with leaders of the Mexican colony in Los Angeles and with Consular officials. We find them all working earnestly to swing their people into full cooperation with the American war effort. At the same time they are keenly sensitive to the low-caste position of the Mexicans in American society, resentful of the discriminations against the Mexicans, and rather bitter over the long record of exploitation and injustice to which the Mexicans have been subjected in this country. All with whom we talked were very skeptical of proposals to import Mexican labor; they seemed to feel that such importation would be the beginning of another period of exploitation of the "greenhorns." If our contacts in the Mexican Colony of Los Angeles are at all representative of opinion in Mexico (and the California Mexican leaders are in close touch with affairs in Mexico and make frequent trips there), then importation of Mexican laborers is a very delicate issue from the standpoint of relations with the Mexican people. Incidentally, we were told that C. T. M. is on record as opposing recruitment of Mexican labor for work in the United States.

6. Recommendations

In the light of all the considerations set forth above, we submit the following recommendations:

  • (1) That importation of Mexican laborers be an official undertaking of the Federal Government from beginning to end. There should be no private recruitment whatsoever.
  • (2) That the Government guarantee to all Mexican laborers agreeing to come to this country for work:
    • a) Prevailing wages.
    • b) A certain minimum amount of employment
    • c) Adequate housing
    • d) Civil protection
    • e) Repatriation at option of the Mexican. If Mexican does not elect repatriation, he should have the further option of becoming naturalized. No third option.
  • (3) Conditions and guarantees should be set forth in an international agreement between the United States and Mexico.
  • (4) Following the execution of the agreement, a pool of labor should be organized in Mexico which could be drawn upon quickly and intermittently as needs arose.
  • (5) Growers, growers' associations, labor contractors, sugar companies, and others desiring to employ Mexican labor should be required to file formal orders for workers with the Government agency in charge of importation. They should be
    14
    required to agree to observe all guarantees to which the Government was committed. In addition to wages they should be required to pay into a fund a specified percentage as a contribution toward the costs of transportation and repatriation.
  • (6) To avoid flooding the labor market, Mexicans should be brought in in rather small groups, probably not exceeding a few hundred at any one time, but the actual number to depend on demonstration of genuine need. The establishment of a labor pool in Mexico would permit this type of recruitment.

It is quite doubtful that any large contribution can be made to the labor supply in California in 1942 through Mexican immigration but we urge that Government machinery for such importation be established as soon as possible. The great danger is that the claims of urgency by employers of agricultural labor will result in private contracting of labor and the complete absence of those absolutely essential guarantees without which we will be liable to a repetition of the experiences of the last war and subsequent years.


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[Letter from Davis McEntire to John H. Provinse, April 13, 1942]

AIR MAIL SPECIAL DELIVERY

222 Mercantile Building
Berkeley, California

April 14, 1942

Dr. John H. Provinse, Acting Head
Division of Farm Population and Rural Welfare
Bureau of Agricultural Economics
Washington, D. C.

Dear John:

Subject: Importation of Mexican Labor

In my letter and memorandum of yesterday on the above subject, I neglected to mention one fact of considerable interest in relation to proposals for importing Mexican labor for sugar beet labor operations in California. That is the schedule of minimum wages established under the Sugar Act.

The minimum wage for blocking and thinning in southern California is $8 per acre. This is the lowest in the country. Minimum rates for the same operation in other sections are:

  • $ 9.50
  •     for Nebraska, Colorado, Kansas and Southern Wyoming;
  • 10.50
  •     for South Dakota;
  • 11.00
  •     for Southern and Eastern Montana, Northern Wyoming, and Western North Dakota;
  • 10.00
  •     in Western and Northern Montana;
  • 9.50
  •     in Utah, Idaho, and Oregon.

The relatively low wage set for southern California does not reflect lesser ability of the growers to pay. On the contrary it is well known and publicized by the sugar companies that California sugar beet yields are the highest in the country. Fields are larger, there is more use of large-scale equipment, and, in general, there is more scope for realizing economies of scale in sugar beet culture in this State than anywhere else where sugar beets are grown.

What the relatively low California wage does reflect is the existence of a large pool of cheap Mexican labor. Higher wages paid in other states reflect the fact that local labor supplies are insufficient for sugar beet demands and labor must be attracted from outside the producing areas, often from a considerable distance. The southern California beet areas, however, have access to concentrations of Mexican labor in the Los Angeles metropolitan area. The northern California minimum wage is $1 above the southern rate, again because of the necessity for inducing labor to move from southern California into the northern part of the State.


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Mr. Metzler will be in southern California all of this week making a survey of the sugar beet labor situation. Mr. Goldschmidt has a similar assignment in Monterey County. We will send you copies of their reports.

Sincerely yours,
Davis McEntire, Leader
Div. of Farm Population and Rural Welfare
Western Region


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[PUBLIC LAW 129—78TH CONGRESS]

[CHAPTER 215—1ST SESSION]
[H. R. 2481]
AN ACT

Making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1944, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Agriculture for the fiscal year ending June 30, 1944, namely:

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For the Secretary of Agriculture, hereafter in this Act referred to as the Secretary, and other personal services in the Office of the Secretary in the District of Columbia, and elsewhere, and other necessary expenses, including the purchase of one and the maintenance, repair, and operation of four motor-propelled passenger-carrying vehicles; travel expenses, including examination of estimates for appropriations in the field; stationery, supplies, materials, and equipment; freight, express, and drayage charges; advertising, communication service, postage, washing towels, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department, which are authorized by such officer as the Secretary may designate, $1,498,184, together with such amounts from other appropriations or authorizations as are provided in the schedules in the Budget for the fiscal year 1944 for such services and expenses, which several amounts or portions thereof as may be determined by the Secretary, not exceeding a total of $75.476, shall be transferred to and made a part of this appropriation: Provided, however, That if the total amounts of such appropriations or authorizations for the fiscal year 1944 shall at any time exceed or fall below the amounts estimated, respectively, therefor in the Budget for 1944, the amounts transferred or to be transferred therefrom to this appropriation and the amount which may be expended for personal services in the District of Columbia shall be increased or decreased in such amounts as the Director of the Bureau of the Budget, after a hearing thereon with representatives of the Department of Agriculture, hereafter in this Act referred to as the Department, shall determine are appropriate to the requirements as changed by such reductions or increases in such appropriations or authorizations: Provided further, That the Secretary is authorized to contract for stenographic reporting


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services, and the appropriations made in this Act shall be available for such purposes, and to expend from appropriations available for the purchase of lands not to exceed $1 for each option to purchase any particular tract or tracts of land: Provided further, That not to exceed $25,000 of the appropriations available for salaries and expenses of officers and employees of the Department permanently stationed in foreign countries may be used for payment of allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (5 U. S. C. 118a): Provided further, That with the approval of the Secretary, employees of the the Department stationed abroad may enter into leases for official quarters, for periods not exceeding one year, and may pay rent, telephone, subscriptions to publications, and other charges incident to the conduct of their offices and the discharge of their duties, in advance, in any foreign country where custom or practice requires payment in advance: Provided further, That no part of the funds appropriated by this Act shall be used for the payment of any officer or employee of the Department who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast, except as to damage threatened or caused by insects and pests, with respect to future prices of cotton or the trend of same: Provided further, That no part of the funds appropriated by this Act shall be used for laboratory investigations to determine the possibly harmful effects on human beings of spray insecticides on fruits and vegetables: Provided further, That, except to provide materials required in or incident to research or experimental work where no suitable domestic product is available, no part of the funds appropriated by this Act shall be expended in the purchase of twine manufactured from commodities or materials produced outside of the United States.

WORKING CAPITAL FUND

For the establishment of a working capital fund, $400,000, without fiscal year limitation, for the payment of salaries and other expenses necessary to the maintenance and operation of (1) central duplicating, photographic, and tabulating services, (2) a central motor-transport service for the maintenance, repair, and operation of motor transport vehicles and other equipment, (3) a central supply service for the purchase, storage, handling, issuance, packing, or shipping of stationery, supplies, equipment, blank forms, and miscellaneous materials, for which stocks thereof, not to exceed $200,000 in value (except for the value of blank forms) at the close of any fiscal year, may be maintained sufficient to meet, in whole or in part, requirements of the bureaus and offices of the Department in the city of Washington and elsewhere, and (4) such other services as the Secretary, with the approval of the Director of the Bureau of the Budget, determines may be performed more advantageously as central services; said fund to be reimbursed from applicable funds of bureaus, offices, and agencies for which services are performed on the basis of rates which shall include estimated or actual charges for personal services, materials, equipment (including maintenance, repairs, and depreciation) and other


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expenses: Provided, That such central services shall, to the fullest extent practicable, be used to make unnecessary the maintenance of separate like services in the bureaus, offices, and agencies of the department: Provided further, That a separate schedule of expenditures and reimbursements, and a statement of the current assets and liabilities of the working capital fund as of the close of the last completed fiscal year, shall be included in the annual Budget.

Total, Office of the Secretary, $1,898,184.

OFFICE OF THE SOLICITOR

For necessary expenses for the Office of Solicitor including personal services in the District of Columbia and elsewhere, purchase of lawbooks, books of reference, and periodicals, and payment of fees or dues for the use of law libraries by attorneys in the field service, $1,679,105, together with such amounts from other appropriations or authorizations as are provided in the schedules in the Budget for the fiscal year 1944 for such expenses, which several amounts or portions thereof, as may be determined by the Secretary, not exceeding a total of $123,250, shall be transferred to and made a part of this appropriation; and there may be expended for personal services in the District of Columbia not to exceed $845,000: Provided, however, That if the total amounts of such appropriations or authorizations for the fiscal year 1944 shall at any time exceed or fall below the amounts estimated, respectively, therefor in the Budget for 1944, the amounts transferred or to be transferred therefrom to this appropriation and the amount which may be expended for personal services in the District of Columbia shall be increased or decreased in such amounts as the Director of the Bureau of the Budget, after a hearing thereon with representatives of the Department, shall determine are appropriate to the requirements as changed by such reductions or increases in such appropriations or authorizations.

OFFICE OF INFORMATION

SALARIES AND EXPENSES

For necessary expenses in connection with the publication, indexing, illustration, and distribution of bulletins, documents, and reports, the preparation, distribution, and display of agricultural motion and sound pictures, and exhibits, and the coordination of informational work in the Department, $439,257, together with such amounts from other appropriations or authorizations as are provided in the schedules in the Budget for the fiscal year 1944 for such expenses, which several amounts or portions thereof, as may be determined by the Secretary, not exceeding a total of $11,179, shall be transferred to and made a part of this appropriation, of which total appropriation amounts not exceeding those specified may be used for the purposes enumerated as follows: For personal services in the District of Columbia, $402,860; for preparation and display of exhibits, $40,000 and the preparation, distribution, and display of motion and sound pictures $50,000, including cooperation with Federal, State, County, Municipal, and other agencies: Provided, however, That if the total


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amounts of the appropriations or authorizations for the fiscal year 1944 from which transfers to this appropriation are herein authorized shall at any time exceed or fall below the amounts estimated, respectively, therefor in the Budget for 1944, the amounts transferred or to be transferred therefrom to this appropriation and the amount which may be expended for personal services in the District of Columbia shall be increased or decreased in such amounts as the Director of the Bureau of the Budget, after a hearing thereon with representatives of the Department, shall determine are appropriate to the requirements as changed by such reductions or increases in such appropriations or authorizations: Provided further, That when and to the extent that in the judgment of the Secretary agricultural exhibits and motion and sound pictures relating to the authorized programs of the various agencies of the Department can be more advantageously prepared, displayed, or distributed by the Office of Information, as the central agency of the Department therefor, additional funds not exceeding $300,000 for these purposes may be transferred to and made a part of this appropriation, from the funds applicable, and shall be available for the objects specified herein, including personal services in the District of Columbia: Provided further, That in the preparation of motion pictures or exhibits by the Department, not exceeding a total of $10,000 may be used for the temporary employment, by contract or otherwise, of specialists, technicians, and experts, without regard to the Classification Act of 1923, as amended: Provided, That no part of this appropriation shall be used for the establishment or maintenance of regional or State field offices or for the compensation of employees in such offices except that not to exceed $9,100 may be used to maintain the San Francisco radio office.

PRINTING AND BINDING

For all printing and binding for the Department, including all of its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, except as otherwise in this Act provided, $1,200,000, including the purchase of reprints of scientific and technical articles published in periodicals and journals; the Annual Report of the Secretary, as required by the Acts of January 12, 1895 (44 U. S. C. 111, 212-220, 222, 241, 244), March 4, 1915 (7 U. S. C. 418), and June 20, 1936 (5 U. S. C. 108), and in pursuance of the Act approved March 30, 1906 (44 U. S. C. 214, 224), also including not to exceed $250,000 for farmers' bulletins, which shall be adapted to the interests of the people of the different sections of the country, an equal proportion of four-fifths of which shall be delivered to or sent out under the addressed franks furnished by the Senators, Representatives, and Delegates in Congress, as they shall direct, but not including work done at the field printing plants of the Forest Service authorized by the Joint Committee on Printing, in accordance with the Act approved March 1, 1919 (44 U. S. C. 111, 220): Provided, That the Secretary may transfer to this appropriation from the appropriation made for "Conservation and Use of Agricultural Land Resources" such sums as may be necessary for printing and binding in connection with marketing quotas under the Agricultural Adjustment Act of 1938, and from funds appropriated to carry into effect


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the terms of section 32 of the Act of August 24, 1935 (7 U. S. C. 612c), as amended, such sums as may be necessary for printing and binding in connection with the activities under said section 32, and from funds appropriated for parity payments under section 303 of the Agricultural Adjustment Act of 1938, such sums as may be necessary for printing and binding in connection with such payments: Provided further, That the total amount that may be transferred under the authority granted in the preceding proviso shall not exceed $550,000.

Reproduction of 1942 Yearbook of Agriculture: For printing and binding 231,250 copies of the remainder of the quotas for the Senate and House of Representatives of part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture, 1942, entitled "Keeping Livestock Healthy"), as authorized by section 73 of the Act of January 12, 1895 (44 U. S. C. 241), $178,000.

Total, Office of Information, $1,817,257.

LIBRARY, DEPARTMENT OF AGRICULTURE

Salaries and expenses: For purchase and exchange of reference books, lawbooks, technical and scientific books, periodicals, and for expenses incurred in completing imperfect series; not to exceed $1,200 for newspapers; for dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; for salaries in the city of Washington and elsewhere; for official travel expenses, and for library fixtures, library cards, supplies, and for all other necessary expenses, $468,932, together with such amounts from other appropriations or authorizations as are provided in the schedules in the Budget for the fiscal year 1944 for such salaries and expenses, which several amounts or portions thereof, as may be determined by the Secretary, not exceeding a total of $750, shall be transferred to and made a part of this appropriation, of which total appropriation not to exceed $334,640, may be expended for personal services in the District of Columbia: Provided, however, That if the total amounts of such appropriations or authorizations for the fiscal year 1944 shall at any time exceed or fall below the amounts estimated, respectively, therefor in the Budget for 1944, the amounts transferred or to be transferred therefrom to this appropriation and the amount which may be expended for personal services in the District of Columbia shall be increased or decreased in such amounts as the Director of the Bureau of the Budget, after a hearing thereon with representatives of the Department, shall determine are appropriate to the requirements as changed by such reductions or increases in such appropriations or authorizations: Provided further, That the Secretary is authorized to make copies of bibliographies prepared by the Department library, microfilm and other photographic reproductions of books and other library materials in the Department and sell such bibliographies and reproductions at such prices (not less than estimated cost of furnishing same) as he may determine, the money received from such sales to be deposited in the Treasury to the credit of this appropriation.


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EXTENSION SERVICE

PAYMENTS TO STATES; HAWAII; ALASKA; AND PUERTO RICO

Capper-Ketcham extension work: To enable the Secretary to carry into effect the provisions of the Act entitled "An Act to provide for the further development of agricultural extension work between the agricultural colleges in the several States receiving the benefits of the Act entitled `An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic arts', approved July 2, 1862 (7 U. S. C. 301-308), and all Acts supplementary thereto, and the United States Department of Agriculture", approved May 22, 1928 (7 U. S. C. 343a, 343b), $1,480,000.

Additional cooperative extension work: For additional cooperative agricultural extension work in agriculture and home economics, to be allotted and paid by the Secretary to the several States and the Territories of Alaska, Hawaii, and Puerto Rico, in such amounts as he may deem necessary to accomplish such purposes, $555,000.

Extension work, section 21, Bankhead-Jones Act: To enable the Secretary to carry into effect the provisions of section 21, title II, of the Act entitled "An Act to provide for research into basic laws and principles relating to agriculture and to provide for the further development of cooperative agricultural extension work and the more complete endowment and support of land-grant colleges", approved June 29, 1935 (7 U. S. C. 343c), $12,000,000.

Alaska: To enable the Secretary to carry into effect the provisions of the Act entitled "An Act to extend the benefits of the Hatch Act and the Smith-Lever Act to the Territory of Alaska", approved February 23, 1929 (7 U. S. C. 386c), $13,950; and the provisions of section 3 of the Act entitled "An Act to extend the benefits of the Adams Act, the Purnell Act, and the Capper-Ketcham Act to the Territory of Alaska, and for other purposes", approved June 20, 1936 (7 U. S. C. 343e), $10,000; in all, for Alaska, $23,950.

Puerto Rico: To enable the Secretary to carry into effect the provisions of the Act entitled "An Act to extend the benefits of section 21 of the Bankhead-Jones Act to Puerto Rico", approved August 28, 1937 (7 U. S. C. 343f-343g), $140,000.

In all, payments to States, Hawaii. Alaska, and Puerto Rico for agricultural extension work, $14,198,950.

SALARIES AND EXPENSES

Administration and coordination of extension work: For the employment of persons and means in the District of Columbia and elsewhere to enable the Secretary to administer the provisions of the Smith-Lever Act, approved May 8, 1914 (7 U. S. C. 341-348), and Acts amendatory or supplementary thereto, and to coordinate the extension work of the Department and the several States, Territories, and insular possessions, including cooperation with other bureaus and offices of the Department, and Federal, State, county, and other agencies, in the development, preparation, and distribution of educational material designed to increase the effectiveness of


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cooperative extension work as conducted by the Department in cooperation with land-grant colleges, $658,843, of which amount not to exceed $547,610 may be expended for personal services in the District of Columbia.

Total, Extension Service, $14,857,793.

BUREAU OF AGRICULTURAL ECONOMICS

Economic investigations: For acquiring and diffusing useful information among the people of the United States, for conducting investigations, experiments, and demonstrations, and for aiding in formulating programs for authorized activities of the Department, relative to agricultural production, distribution, land utilization, and conservation in their broadest aspects, including farm management and practice, utilization of farm and food products, purchasing of farm supplies, farm population and rural life, farm labor, farm finance, insurance and taxation, adjustments in production to probable demand for the different farm and food products; land ownership and values, costs, prices and income in their relation to agriculture, including causes for their variations and trends, $2,127,236, together with such amounts from other appropriations or authorizations as are provided in the schedules in the Budget for the fiscal year 1944 for such salaries and expenses, which several amounts or portions thereof, as may be determined by the Secretary, not exceeding a total of $115,377 shall be transferred to and made a part of this appropriation: Provided, however, That if the total amounts of such appropriations or authorizations for the fiscal year 1944 shall at any time exceed or fall below the amounts estimated, respectively, therefor in the Budget for 1944, the amounts transferred or to be transferred therefrom to this appropriation and the amount which may be expended for personal services in the District of Columbia shall be increased or decreased in such amounts as the Director of the Bureau of the Budget, after a hearing thereon with representatives of the Department, shall determine are appropriate to the requirements as changed by such reductions or increases in such appropriations or authorizations: Provided further, That no part of the funds herein appropriated or made available to the Bureau of Agricultural Economics shall be used for State and county land-use planning.

Crop and livestock estimates: For collecting, compiling, abstracting, analyzing, summarizing, interpreting, and publishing data relating to agriculture, including crop and livestock estimates, acreage, yield, grades, staples of cotton, stocks, and value of farm crops and numbers, grades, and value of livestock and livestock products on farms, in cooperation with the Extension Service and other Federal, State, and local agencies, and for the collection and publication of statistics of peanuts as provided by the Act approved June 24, 1936, as amended May 12, 1938 (7 U. S. C. 951-957), $1,354,266: Provided, That no part of the funds herein appropriated shall be available for any expense incident to ascertaining, collating, or publishing a report stating the intention of farmers as to the acreage to be planted in cotton: Provided further, That estimates of apple production shall be confined to the commercial crop.

Total, salaries and expenses, Bureau of Agricultural Economics, $3,481,502, including the employment of persons and means in the


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District of Columbia and elsewhere, either independently or in cooperation with public agencies or organizations, of which amount not to exceed $1,826,649 may be expended for personal services in the District of Columbia, including the salary of the Chief of Bureau at $10,000 per annum, and not to exceed $1,000 for the purchase of books of reference, periodicals, and newspapers.

OFFICE OF FOREIGN AGRICULTURAL RELATIONS

Salaries and expenses: For carrying out the functions of the Secretary under the Act of June 5, 1930, as amended (7 U. S. C. 541-545), independently and in cooperation with other branches of the Government, State agencies, purchasing and consuming organizations and persons engaged in the production, transportation, marketing, and distribution of farm and food products, and for enabling the Secretary to discharges his functions as a member of the joint Great Britain-United States board known as the Combined Food Board, including the employment of persons and means in the District of Columbia and elsewhere, and the purchase of such books and periodicals and not to exceed $500 for newspapers as may be necessary in connection with this work, $420,670.

INTERNATIONAL PRODUCTION CONTROL COMMITTEES

During the fiscal year 1944 the Secretary may expend not to exceed $12,500 from the funds available to the Agricultural Conservation and Adjustment Administration for the share of the United States as a member of the International Wheat Advisory Committee, the International Sugar Council, or like events or bodies concerned with the reduction of agricultural surpluses or with other objectives of said Administration, together with traveling and other necessary expenses relating thereto.

Grand total, Office of the Secretary of Agriculture, $24,623,443: Provided, That the appropriations and authority with respect to appropriations contained in this Act shall be available from and including July 1, 1943, for the purposes respectively provided in such appropriations and authority: Provided further, That all obligations incurred during the period between June 30, 1943, and the date of the enactment of this Act in anticipation of such appropriations and authority are hereby ratified and confirmed if in accordance with the terms thereof.

AGRICULTURAL RESEARCH ADMINISTRATION

OFFICE OF ADMINISTRATOR

Salaries and expenses: For necessary salaries and expenses of the Office of Administrator, including the salary of the Administrator at $9,200 per annum, and personal services in the District of Columbia and elsewhere, $60,965.

SPECIAL RESEARCH FUND, DEPARTMENT OF AGRICULTURE

For enabling the Secretary to carry into effect the provisions of an Act entitled "An Act to provide for research into basic laws and


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principles relating to agriculture and to provide for the further development of cooperative agricultural extension work and the more complete endowment and support of land-grant colleges", approved June 29, 1935 (7 U. S. C. 427, 427b, 427c, 427f); for administration of the provisions of section 5 of the said Act, and for special research work, including the planning, programming, coordination, and printing the results of such research, to be conducted by such agencies of the Department as the Secretary may designate or establish, and to which he may make allotments from this fund, including the employment of persons and means in the District of Columbia and elsewhere, and the purchase, maintenance, repair, and operation of motor-propelled and horse-drawn passenger-carrying vehicles necessary in the conduct of field work outside the District of Columbia, $1,147,086, of which amount $697,100 shall be available for the maintenance and operation of research laboratories and facilities in the major agricultural regions provided for by section 4 of said Act.

OFFICE OF EXPERIMENT STATIONS

PAYMENTS TO STATES, HAWAII, ALASKA, AND PUERTO RICO FOR AGRICULTURAL EXPERIMENT STATIONS

Hatch Act: To carry into effect the provisions of an Act approved March 2, 1887 (7 U. S. C. 362, 363, 365, 368, 377-379), entitled "An Act to establish agricultural experiment stations in connection with the colleges established in the several States under the provisions of an Act approved July 2, 1862 (7 U. S. C. 301-305, 307-308), and of the Act supplementary thereto", the sums apportioned to the several States, to be paid quarterly in advance, $720,000.

Adams Act: To carry into effect the provisions of an Act approved March 16, 1906 (7 U. S. C. 369), entitled "An Act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditure thereof", and Acts supplementary thereto, the sums apportioned to the several States to be paid quarterly in advance, $720,000.

Purnell Act: To carry into effect the provisions of an Act entitled "An Act to authorize the more complete endowment of agricultural experiment stations", approved February 24, 1925 (7 U. S. C. 361, 366, 370, 371, 373-376, 380, 382), $2,880,000.

Hawaii: To carry into effect the provisions of an Act entitled "An Act to extend the benefits of certain Acts of Congress to the Territory of Hawaii", approved May 16, 1928 (7 U. S. C. 386-386b), $90,000.

Alaska: To carry into effect the provisions of an Act entitled "An Act to extend the benefits of the Hatch Act and the Smith-Lever Act to the Territory of Alaska", approved February 23, 1929 (7 U. S. C. 386c), $15,000; and the provisions of section 2 of the Act entitled "An Act to extend the benefits of the Adams Act, the Purnell Act, and the Capper-Ketcham Act to the Territory of Alaska, and for other purposes", approved June 20, 1936 (7 U. S. C. 369a), $22,500; in all, for Alaska, $37,500.

Puerto Rico: To carry into effect the provisions of an Act entitled "An Act to coordinate the agricultural experiment station work and to extend the benefits of certain Acts of Congress to the Territory of


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Puerto Rico", approved March 4, 1931, as amended (7 U. S. C. 386d-386f), $90,000.

Title I, Bankhead-Jones Act: For payments to States, Hawaii, Alaska, and Puerto Rico, pursuant to authorizations contained in title I of an Act entitled "An Act to provide for research into basic laws and principles relating to agriculture and to provide for the further development of cooperative agricultural extension work and the more complete endowment and support of land-grant colleges", approved June 29, 1935 (7 U. S. C. 427-427g), $2,463,708: Provided, That in order to prevent reduced allotments because of changes in relative rural population, $63,708 of this appropriation shall be available for allotment during this fiscal year in the same amounts and to the same States and Territory which received allotments from this appropriation in the fiscal year 1942.

In all, payments to States, Hawaii, Alaska, and Puerto Rico for agricultural experiment stations, $7,001,208.

SALARIES AND EXPENSES

Administration of grants and coordination of research with States: For salaries and expenses, including personal services in the District of Columbia, necessary to enable the Secretary to enforce the provisions of the Acts approved March 2, 1887, March 16, 1906, February 24, 1925, May 16, 1928, February 23, 1929, March 4, 1931, and June 20, 1936, and Acts amendatory thereto (7 U. S. C. 361-386f), relative to their administration and for the administration of an agricultural experiment station in Puerto Rico, $156,010; and the Secretary shall prescribe the form of the annual financial statement required under the above Acts, ascertain whether the expenditures are in accordance with their provisions, coordinate the research work of the State agricultural colleges and experiment stations in the lines authorized in said Acts with research of the Department in similar lines, and make report thereon to Congress.

Insular experiment stations: To enable the Secretary to establish and maintain an agricultural experiment station in Puerto Rico, including the erection of buildings, the preparation, illustration, and distribution of reports and bulletins, $100,000; and the Secretary is authorized to sell such products as are obtained on the land belonging to the agricultural experiment station in Puerto Rico, and the amount obtained from the sale thereof shall be covered into the Treasury of the United States as miscellaneous receipts.

In all, salaries and expenses, $256,010.

Total, Office of Experiment Stations, $7,257,218, of which amount not to exceed $145,278 may be expended for personal services in the District of Columbia.

BUREAU OF ANIMAL INDUSTRY

SALARIES AND EXPENSES

For the employment of persons and means in the District of Columbia and elsewhere for carrying out the provisions of the Act, as amended, establishing a Bureau of Animal Industry, and related Acts; and the Secretary, upon application of any exporter, importer,


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packer, or owner of, or the agent thereof, or dealer in, livestock, hides, skins, meat, or other animal products, may in his discretion, make inspections and examinations at places other than the headquarters of inspectors for the convenience of said applicants and charge the applicants for the expenses of travel and subsistence incurred for such inspections and examinations, the funds derived from such charges to be deposited in the Treasury of the United States to the credit of the appropriation from which the expenses are paid; collect and disseminate information concerning livestock and animal products; prepare and disseminate reports on animal industry; purchase in the open market samples of all tuberculin, serums, antitoxins, or analogous products, of foreign or domestic manufacture, which are sold in the United States, for the detection, prevention, treatment, or cure of diseases of domestic animals, test the same, and disseminate the results of said tests in such manner as he may deem best, and purchase and destroy diseased or exposed animals, including poultry, or quarantine the same whenever in his judgment essential to prevent the spread of pleuropneumonia, tuberculosis, contagious poultry diseases, or other diseases of animals from one State to another, as follows:

General administrative expenses: For necessary expenses for general administrative purposes, including the salary of Chief of Bureau and other personal services in the District of Columbia, $165,575.

Animal husbandry: For investigations and experiments in animal husbandry; for experiments in animal feeding and breeding, including cooperation with the State agricultural experiment stations and other agencies, including repairs and additions to and erection of buildings necessary to carry on the experiments, $800,000: Provided, That of the sum thus appropriated $240,935 may be used for experiments in poultry feeding and breeding, of which amount $44,080 may be used in cooperation with State authorities in the administration of regulations for the improvement of poultry, poultry products, and hatcheries.

Diseases of animals: For scientific investigations of diseases of animals, including the construction of necessary buildings at Beltsville, Maryland, and necessary expenses for investigations of tuberculin, serums, antitoxins, and analogous products, $706,463: Provided, That fees shall be charged for all diagnoses in connection with rabies, except those performed for agencies of the United States Government, in such amounts as the Secretary shall prescribe, and such fees shall be covered into the Treasury as miscellaneous receipts.

Eradicating tuberculosis and Bang's disease: For the control and eradication of the diseases of tuberculosis and paratuberculosis of animals, avian tuberculosis, and Bang's disease of cattle, $5,983,800: Provided, That in carrying out the purpose of this appropriation, if in the opinion of the Secretary it shall be necessary to condemn and destroy tuberculous or paratuberculous cattle, or cattle reacting to the test for Bang's disease, and if such animals have been destroyed, condemned, or die after condemnation, he may, in his discretion, and in accordance with such rules and regulations as he may prescribe, expend in the city of Washington or elsewhere such sums as he shall determine to be necessary for the payment of indemnities to owners of such animals but, except as hereinafter provided, no part of the money hereby appropriated shall be used in compensating


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any payment be made hereunder as compensation for or on account of any such animal if it at the time of inspection for test, or at the time of condemnation thereof, it shall belong to or be upon the premises of any person, firm, or corporation to which it has been sold, shipped, or delivered for the purpose of being slaughtered: Provided further, That out of the money hereby appropriated no payment as compensation for any cattle condemned for slaughter shall exceed one-third of the difference between the appraised value of such cattle and the value of the salvage thereof; that no payment hereunder shall exceed the amount paid or to be paid by the State, Territory, county, and municipality were the animal shall be condemned; and that in no case shall any payment hereunder be more than $25 for any grade animal or more then $50 for any purebred animal.

Eradicating cattle ticks: For the eradication of southern cattle ticks, $220,000: Provided, That, except upon the written order of the Secretary, no part of this appropriation shall be used for the purchase of animals or the purchase of materials for or in the construction of dipping vats upon land not owned solely by the United States, except at fairs or expositions where the Department makes exhibits or demonstrations; nor shall any part of this appropriation be used in the purchase of materials or mixtures for use in dipping vats except in experimental or demonstration work carried on by the officials or agents of the Bureau of Animal Industry.

Hog-cholera control: For the control and eradication of hog cholera and related swine diseases, by such means as may be necessary, including demonstrations, the formation of organizations, and other methods, either independently or in cooperation with farmers' associations, State or county authorities, $100,580.

Inspection and quarantine: For inspection and quarantine work, including the eradication of scabies in sheep and cattle and dourine in horses, the inspection of southern cattle, the supervision of the transportation of livestock, and the inspection of vessels, the execution of the twenty-eight-hour law, the inspection and quarantine of imported animals, including the establishment and maintenance of quarantine stations and repairs, alterations, improvements, or additions to building thereon; the inspection work relative to the existence of contagious disease, and the mallein testing of animals, $661,350.

Meat inspection: For carrying out the provisions of laws relating to Federal inspection of meat and meat food products, including the purchase of printed tags, labels, stamps, and certificates without regard to existing laws applicable to public printing, $7,134,079.

Virus Serum Toxin Act: For carrying out the provisions of the Act approved March 4, 1913 (21 U.S.C 151-158), regulating the preparation, sale, barter, exchange, or shipment of any virus, serum, toxin, or analogous product manufactured in the United States and the importation of such products intended for use in the treatment of domestic animals, $223, 148.

Marketing agreements with respect to hog cholera virus and serum: The sum of $30,689 of the appropriation made by section 12 (a) of the Agricultural Adjustment Act, approved May


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12, 1933, is hereby made available during the fiscal year for which appropriations are herein made to carry into effect sections 56 to 60, inclusive, of the Act approved August 24, 1935 (7 U.S.C. 851-855), entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes", including the employment of persons and means in the District of Columbia and elsewhere.

In all, salaries and expenses, Bureau of Animal Industry, $15,994,995.

ERADICATION OF FOOT-AND-MOUTH AND OTHER CONTAGIOUS DISEASES OF ANIMALS

In case of an emergency arising out of the existence of foot-and-mouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, which, in the opinion of the Secretary, threatens the livestock industry of the country, he may expend in the city of Washington or elsewhere any unexpended balances of appropriations heretofore made for this purpose, not to exceed $305,000, in arrest and eradication of any such disease, including the payment of claims growing out of past and future purchases and destruction, in cooperation with the States, of animals affected by or exposed to, or of materials contaminated by or exposed to, any such disease, wherever found and irrespective of ownership, under like or substantially similar circumstances, when such owner has complied with all lawful quarantine regulations: Provided, That the payment for animals hereafter purchases may be made on appraisement based on the meat, dairy, or breeding value, but in case of appraisement based on breeding value no appraisement of any animal shall exceed three times its meat or dairy value, and, except in case of an extraordinary emergency, to be determined by the Secretary, the payment by the United States Government for any animals shall not exceed one-half of any such appraisements: Provided further, That the sum of $5,000 of the unexpended balance of the appropriation of $3,500,000 contained in the Second Deficiency Appropriation Act, fiscal year of 1924, approved December 5, 1924, for the eradication of the foot-and-mouth disease and other contagious or infectious diseases of animals, is hereby made available during the fiscal year for which appropriations are herein made to enable the Secretary to control and eradicate the European fowl pest and similar diseases in poultry.

Total, Bureau of Animal Industry, $15,994,995, of which amount not to exceed $622,520, may be expended for departmental personal services in the District of Columbia.

BUREAU OF DAIRY INDUSTRY

Salaries and expenses: For necessary expenses, including not to exceed $362,740 for personal services in the District of Columbia, of the Bureau of Dairy Industry in carrying out the provisions of the Act of May 29,1924 (7 U.S.C. 401-404), including investigations, experiments, and demonstrations in dairy industry, cooperative investigations of the diary industry in the various States, inspection of


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renovated butter factories, repairs to buildings, and not to exceed $5,000 for the construction of buildings, $755,720.

BUREAU OF PLANT INDUSTRY

SALARIES AND EXPENSES

For the investigation of fruits, fruit trees, grain, cotton, tobacco, vegetables, grasses, forage, drug, medicinal, poisonous, fiber, and other plants and plant industries, and of soils and soil-plant relationships, in cooperation with other branches of the Department, the State experiment stations, and practical farmers; for the erection of necessary farm buildings: Provided, That the cost of any building erected, except head houses connecting greenhouses, shall not exceed $2,500; and for the employment of persons and means in the city of Washington and elsewhere required for the investigations, experiments, and demonstrations herein authorized, as follows:

General administrative expenses: For necessary expenses for general administrative purposes, including the salary of Chief of Bureau and other personal services in the District of Columbia, $183,430.

Cereal crops and diseases: For the investigation and improvement of cereals, including corn, and methods of cereal production and for the study and control of cereal diseases, for the investigation of the cultivation and breeding of flax for seed purposes, including a study of flax diseases, for the investigation and improvement of broomcorn and methods of broomcorn production, and for determining the distribution of weeds and means for their control, $547,070.

Cotton and other fiber crops and diseases: For investigation of the production of cotton and other fiber crops, including the improvement by cultural methods, breeding, and selection, fiber yield and quality, cotton soil-fertility, and the control of diseases, $422,940, of which sum not less than $14,700 shall be used for experimenting in Sea Island cotton, including its hybridization with other varieties.

Drug and related plants: For the investigation, testing, and improvement of plants yielding drugs, spices, poisons, oils, and related products and byproducts, $62,250.

Dry-land agriculture: For the investigation and improvement of methods of crop production under subhumid, semiarid, or dry-land conditions, $230,563: Provided, That no part of this appropriation shall be used for the establishment of any new field station.

Forage crops and diseases: For the investigation and improvement of forage crops, including grasses, alfalfas, clovers, soybeans, lespedezas, vetches, cowpeas, field peas, and miscellaneous legumes; for the investigation of green-manure crops and cover crops; for investigations looking to the improvement of pastures; and for the investigation of forage-crop diseases and methods of control, $292,000.

Forest pathology: For the investigation of diseases of forest and shade trees and forest products, including a study of the nature and habits of the parasitic fungi, bacteria, viruses, and other causes of such diseases, for the purpose of developing methods of control and eradication and determining their application, $239,100.

Fruit and vegetable crops and diseases: For investigation and control of diseases, for improvement of methods of culture, propagation, breeding, selection, and related activities concerned with the


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production of fruits, nuts, vegetables, ornamentals, and related plants, for investigation of methods of harvesting, packing, shipping, storing and utilizing these products, and for studies of the physiological and related changes of such products during processes of marketing and while in commercial storage, $1,361,828.

Irrigation agriculture: For investigations of crop production on irrigable lands, the quality of irrigation water and its use by crops, and methods for improving and maintaining the productivity of irrigated soils, $134,900.

National Arboretum: For the maintenance and development of the National Arboretum established under the provisions of the Act entitled "An Act authorizing the Secretary of Agriculture to establish a National Arboretum, and for other purposes", approved March 4, 1927 (20 U. S. C. 191-194), erection of buildings, employment of persons and means in the city of Washington and elsewhere, and travel expenses of employees and advisory council, $38,000, of which such amounts as may be necessary may be expended by contract or otherwise for the services of consulting landscape architects without reference to the Classification Act of 1923, as amended, or civil-service rules.

Plant exploration, introduction, and surveys: For investigations in seed and plant introduction, including the study, collection, purchase, testing, propagation, and distribution of rare and valuable seeds, bulbs, trees, shrubs, vines, cuttings, and plants from foreign countries and from our possessions, and also wild native plants, for experiments with reference to their introduction and cultivation in this country, for plant-disease investigations, including nematology, and for plant and plant-disease collections and surveys, $286,160.

Plant Industry Experiment Farm: For the maintenance of a general experiment farm and agricultural station in the vicinity of Beltsville, Maryland, $48,550.

Soil and fertilizer investigations: For soil and fertilizer investigations, including soil minerals, soil organic matter, soil solution, soil physical and chemical investigations, soil microbiology, including the testing of cultures procured in the open market for inoculating legumes, other crops, or soil, and if any such samples are found to be impure, nonviable, or misbranded, the results of the tests may be published, together with the names of the manufacturers and of the persons by whom the cultures were offered for sale; for investigations of the causes of soil infertility and the maintenance of soil productivity; and for investigations within the United States of fertilizers, fertilizer ingredients, including phosphoric acid and potash, and other soil amendments, and their suitability for agricultural use, $320,130.

Soil survey: For the investigation of soils and their origin, for survey of the extent of classes and types, and for indicating upon maps and plats, by coloring or otherwise, the results of such investigations and surveys, $149,595.

Sugar-plant investigations: For sugar-plant investigations, including studies of diseases and the improvement of sugar beets and sugar-beet seed, sugarcane, and other sugar-producing plants, cultural and production methods, and the improvement and maintenance of soil fertility in relation to sugar plants, $350,340.


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Tobacco investigations: For the investigation and improvement of tobacco and the methods of tobacco production and handling, $120,520.

Total, salaries and expenses, Bureau of Plant Industry, $4,787,376.

BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE

SALARIES AND EXPENSES

For necessary expenses connected with investigations, experiments, and demonstrations for the promotion of economic entomology, for investigating and ascertaining the best means of destroying insects and related pests injurious to agriculture, for investigating and importing useful and beneficial insects and bacterial, fungal, and other diseases of insects and related pests, for investigating and ascertaining the best means of destroying insects affecting man and animals, to enable the Secretary to carry into effect the provisions of the Plant Quarantine Act of August 20, 1912, as amended (7 U. S. C. 146, 147, 151-167, 281, 282), to conduct other activities hereinafter authorized, and for the eradication, control, and prevention of spread of injurious insects and plant pests, independently or in cooperation with other branches of the Federal Government, States, counties, municipalities, corporations, agencies, individuals, or with foreign governments; including the employment of necessary persons and means in the District of Columbia and elsewhere, rent, construction, or repair of necessary buildings outside the District of Columbia: Provided, That, unless otherwise specifically provided, the cost for the construction of any building shall not exceed $1,500 and the total amount expended for such construction in any one year shall not exceed $7,000, as follows:

General administrative expenses: For general administrative purposes, including the salary of Chief of Bureau and other personal services, $138,420.

Fruit insects: For insects affecting fruits, grapes, and nuts, $399,130.

Japanese beetle control: For the control and prevention of spread of the Japanese beetle, $360,120: Provided, That no part of this appropriation shall be used to pay the cost or value of trees or other property injured or destroyed.

Sweetpotato weevil control: For the determination and application of such methods of control for sweetpotato weevils as, in the judgment of the Secretary, may be necessary, $67,770: Provided, That in the discretion of the Secretary, no part of this appropriation shall be expended for the control of sweetpotato weevil in any State until such State has provided cooperation necessary to accomplish this purpose: Provided further, That no part of this appropriation shall be used to pay the cost or value of farm animals, farm crops, or other property injured or destroyed.

Mexican fruitfly control: For the control and prevention of spread of the Mexican fruitfly, including necessary surveys and control operations in Mexico in cooperation with the Mexican Government or local Mexican authorities, $155,320.

Citrus canker eradication: For determining and applying such methods of eradication or control of the disease of citrus trees known as "citrus canker" as in the judgment of the Secretary may be necessary, including cooperation with such authorities of the States concerned,


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organizations of growers, or individuals, as he may deem necessary to accomplish such purposes, $9,650: Provided, That no part of the money herein appropriated shall be used to pay the cost or value of trees or other property injured or destroyed.

Gypsy and brown-tail moth control: For the control and prevention of spread of the gypsy and brown-tail moths, $350,000.

Dutch elm disease eradication: For determining and applying methods of eradication, control, and prevention of spread of the disease of elm trees known as "Dutch elm disease" and of a virus disease of elm trees prevalent in the Ohio Valley, $333,330, to be immediately available: Provided, That no part of this appropriation shall be expended in any State subsequent to the final adjournment of any session of the legislature thereof which shall have begun subsequent to the enactment of the Department of Agriculture Appropriation Act, 1944, unless the laws of such State contain provisions, deemed adequate by the Secretary, requiring the owners of elm trees suffering from the Dutch elm disease to remove and destroy the same without expense to the Federal Government: Provided further, That, in the discretion of the Secretary, no expenditures from this appropriation shall be made for these purposes until a sum or sums at least equal to such expenditures shall have been appropriated, subscribed, or contributed by State, county, or local authorities, or by individuals, or organizations concerned: Provided further, That expenditures incurred by landowners for removal of trees from their own lands shall not be considered a part of such appropriations, subscriptions, or contributions: Provided further, That no part of this appropriation shall be used to pay the cost or value of trees or other property injured or destroyed.

Phony peach and peach mosaic eradication: For determining and applying such methods of eradication, control, and prevention of spread of the diseases of peach trees known as "phony peach" and "peach mosaic" as in the judgment of the Secretary may be necessary, including cooperation with such authorities of the States concerned, organizations of growers, or individuals, as he may deem necessary to accomplish such purposes, including the certification of products out of the infested areas to meet the requirements of State quarantines, $87,090: Provided, That no part of the money herein appropriated shall be used to pay the cost or value of trees or other property injured or destroyed.

Forest insects: For insects affecting forests and forest products, under section 4 of the Act approved May 22, 1928 (16 U. S. C. 581c), entitled "An Act to insure adequate supplies of timber and other forest products for the people of the United States, to promote the full use for timber growing and other purposes of forest lands in the United States, including farm wood lots and those abandoned areas not suitable for agricultural production, and to secure the correlation and the most economical conduct of forest research in the Department of Agriculture, through research in reforestation, timber growing, protection, utilization, forest economics, and related subjects", and for insects affecting ornamental trees and shrubs, $150,000.

Truck crop and garden insects: For insects affecting truck crops, ornamental and garden plants, including tobacco, sugar beets, and greenhouse and bulbous crops, $282,340.


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Cereal and forage insects: For insects affecting cereal and forage crops, including sugarcane and rice, and including research on the European corn borer, $350,170.

Barberry eradication: For the eradication of the common barberry and for applying such other methods of eradication, control, and prevention of spread of cereal rusts as in the judgment of the Secretary may be necessary to accomplish such purposes, $223,250: Provided, That, in the discretion of the Secretary, no expenditures from this appropriation shall be made for these purposes until a sum or sums at least equal to such expenditures shall have been appropriated, subscribed, or contributed by States, counties, or local authorities, or by individuals or organizations for the accomplishment of such purposes: Provided further, That no part of the money herein appropriated shall be used to pay the cost or value of property injured or destroyed.

Cotton insects: For insects affecting cotton, $140,730.

Pink bollworm and Thurberia weevil control: For the control and prevention of spread of the Thurberia weevil and the pink bollworm, including the establishment of such cotton-free areas as may be necessary to stamp out any infestation, and for necessary surveys and control operations in Mexico in cooperation with the Mexican Government or local Mexican authorities, $637,460.

Bee culture: For bee culture, apiary management, and the propagation and distribution by sale of bee-breeding stock, $79,500: Provided, That the rates at which such sales are made shall be fixed by regulations of the Secretary and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts.

Insects affecting man and animals: For insects affecting man, household possessions, and animals, $165,940.

Insect-pest survey and identification: For the identification and classification of insects, including taxonomic, morphological, and related phases of insect-pest control and the maintenance of an insect-pest survey for the collection and dissemination of information to Federal, State, and other agencies concerned with insect-pest control, $130,000.

Foreign parasites: For administrative expenses in connection with the introduction of natural enemies of injurious insects and related pests and for the exchange with other countries of useful and beneficial insects and other arthropods, $19,740.

Control investigations: For developing equipment or apparatus to aid in enforcing plant quarantines, eradication and control of plant pests, determining methods of disinfecting plants and plant products to eliminate injurious pests, determining the toxicity of insecticides, and related phases of insect-pest control, $66,585, of which not less than $10,000 shall be used for methyl bromide investigations.

Insecticide and fungicide investigations: For the investigation and development of methods of manufacturing insecticides and fungicides, and for investigating chemical problems relating to the composition, action, and application of insecticides and fungicides, $113,820.

Transit inspection: For the inspection in transit or otherwise of articles quarantined under the Act of August 20, 1912 (7 U. S. C. 161, 164a), as amended, and for the interception and disposition of


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materials found to have been transported interstate in violation of quarantines promulgated thereunder, $38,940.

Foreign plant quarantines: For enforcement of foreign plant quarantines, at the port of entry and port of export, and to prevent the movement of cotton and cottonseed from Mexico into the United States, including the regulation of the entry into the United States of railway cars and other vehicles, and freight, express, baggage, or other materials from Mexico, and the inspection, cleaning, and disinfection thereof, including construction and repair of necessary buildings, plants, and equipment, for the fumigation, disinfection, or cleaning of products, railway cars, or other vehicles entering the United States from Mexico, $682,900: Provided, That any moneys received in payment of charges fixed by the Secretary on account of such cleaning and disinfection shall be covered into the Treasury as miscellaneous receipts.

Certification of exports: For the inspection, under such rules and regulations as the Secretary may prescribe, of domestic plants and plant products when offered for export and to certify to shippers and interested parties as to the freedom of such products from injurious plant diseases and insect pests according to the sanitary requirements of the foreign countries affected and to make such reasonable charges and to use such means as may be necessary to accomplish this object, $29,180: Provided, That moneys received on account of such inspection and certification shall be covered into the Treasury as miscellaneous receipts.

Total, salaries and expenses, Bureau of Entomology and Plant Quarantine, $4,767,340, of which amount not to exceed $620,000 may be expended for personal services in the District of Columbia.

BUREAU OF AGRICULTURAL CHEMISTRY AND ENGINEERING

SALARIES AND EXPENSES

For investigations, experiments, and demonstrations hereinafter authorized, independently or in cooperation with other branches of the Department, other departments or agencies of the Federal Government, States, State agricultural experiment stations, universities, and other State agencies and institutions, counties, municipalities, business, farm, or other organizations and corporations, individuals, associations, and scientific societies, including the employment of necessary persons and means in the city of Washington and elsewhere; and for erection, alteration, and repair of buildings outside the District of Columbia at a total cost not to exceed $15,000, as follows:

General administrative expenses: For necessary expenses for general administrative purposes, including the salary of Chief of Bureau and other personal services in the District of Columbia, $102,044.

Agricultural chemical investigations: For conducting the investigations contemplated by the Act of May 15, 1862 (5 U. S. C. 511, 512), relating to the application of chemistry to agriculture; for the biological, chemical, physical, microscopical, and technological investigation of foods, feeds, drugs, plant and animal products, and substances used in the manufacture thereof; for investigations of the physiological effects and for the pharmacological testing of such products


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and of insecticides; for the investigation and development of methods for the manufacture of sugars, sugar sirups, and starches and the utilization of new agricultural materials for such purposes; for the technological investigation of the utilization of fruits and vegetables and for frozen pack investigations; for the investigation of chemicals for the control of noxious weeds and plants; and to cooperate with associations and scientific societies in the development of methods of analysis, $348,557.

Agricultural engineering investigations: For investigations, experiments, and demonstrations involving the application of engineering principles to agriculture; for investigating and reporting upon the different kinds of farm power and appliances; upon farm domestic water supply and sewage disposal, upon the design and construction of farm buildings and their appurtenances and of buildings for processing and storing farm products; upon farm power and mechanical farm equipment and rural electrification, upon the engineering problems relating to the processing, transportation, and storage of perishable and other agricultural products; and upon the engineering problems involved in adapting physical characteristics of farm land to the use of modern farm machinery; for investigations of cotton ginning under the Act approved April 19, 1930 (7 U. S. C. 424, 425); for giving expert advice and assistance in agricultural and chemical engineering; for collating, reporting, and illustrating the results of investigations and preparing, publishing, and distributing bulletins, plans, and reports, $257,128, together with the unobligated balance of the funds made available under this head for the fiscal year 1943 for the construction of a water tower fire protection system at the United States Cotton Ginning Laboratory, Stoneville, Mississippi, to be available for the same purpose in 1944.

Naval-stores investigations: For the investigation of naval stores (turpentine and rosin) and their components; the investigation and experimental demonstration of improved equipment, methods, or processes of preparing naval stores; the weighing, storing, handling, transportation, and utilization of naval stores; and for the assembling and compilation of data on production, distribution, and consumption of turpentine and rosin, pursuant to the Act of August 15, 1935 (5 U. S. C. 556b), $115,100.

Total, salaries and expenses, Bureau of Agricultural Chemistry and Engineering, $822,829, of which amount not to exceed $472,500 may be expended for personal services in the District of Columbia.

REGIONAL RESEARCH LABORATORIES

For all salaries and expenses, including personal services in the District of Columbia, necessary to enable the Secretary to continue the researches established under the provisions of section 202 (a) to 202 (e), inclusive, of title II, and subject to the provisions of section 393 of title III, of the Agricultural Adjustment Act of 1938 (7 U. S. C. 1292, 1393), including research on food products of farm commodities, $3,959,385.

BUREAU OF HOME ECONOMICS

Salaries and expenses: For necessary expenses, including not to exceed $169,657 for personal services in the District of Columbia, of


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the Bureau of Home Economics for conducting either independently or in cooperation with other agencies, investigations of the relative utility and economy of agricultural products for food, clothing, and other uses in the home, with special suggestions of plans and methods for the more effective utilization of such products for these purposes, and such economic investigations, including housing and household buying, as have for their purpose the improvement of the rural home, and for disseminating useful information on this subject, $416,131.

BELTSVILLE RESEARCH CENTER

For general administrative purposes, including maintenance, operation, construction of necessary buildings at a cost of not to exceed $7,500 for any one building, repairs, and other expenses, $100,560; which appropriation may be augmented, by transfer of funds or by reimbursement, from applicable appropriations, to cover the charges, including handling and other related services, for equipment rentals (including depreciation, maintenance, and repairs); for services, supplies, equipment and materials furnished, stores of which may be maintained at the Center, and for building construction, alteration, and repair performed by the Center in carrying out the purposes of such applicable appropriations and the applicable appropriations may also be charged their proportionate share of the necessary general expenses of the Center not covered by this appropriation.

WHITE PINE BLISTER RUST CONTROL

For expenses necessary to enable the Secretary to carry out the purposes of the Act entitled "An Act for forest protection against the white pine blister rust", approved April 26, 1940 (16 U. S. C. 594a), and in accordance with the provisions thereof, including the employment of persons and means in the District of Columbia and elsewhere, $1,900,000; of which amount $170,747 shall be available to the Department of the Interior for control of white pine blister rust on or endangering Federal lands under the jurisdiction of that Department or lands of Indian tribes which are under the jurisdiction of or retained under restrictions of the United States; $1,018,160 of said amount to the Forest Service for the control of white pine blister rust on or endangering lands under its jurisdiction; and $711,093 of said amount to the Bureau of Entomology and Plant Quarantine for leadership and general coordination of the entire program, method development, and for operations conducted under its direction for such control, including, but not confined to, cooperation with individual States, local authorities and private agencies in the control of white pine blister rust on or endangering State and privately owned lands.

FOREST SERVICE

SALARIES AND EXPENSES

For the employment of persons and means in the District of Columbia and elsewhere to enable the Secretary to experiment and to make


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and continue investigations and report on forestry, national forests, forest fires, and lumbering, but no part of this appropriation shall be used for any experiment or test made outside the jurisdiction of the United States; to advise the owners of woodlands as to the proper care of the same; to investigate and test American timber and timber trees and their uses, and methods for the preservative treatment of timber; to seek, through investigations and the planting of native and foreign species, suitable trees for the treeless regions; to erect necessary buildings: Provided, That the cost of any building purchased, erected, or as improved, exclusive of the cost of constructing a water supply or sanitary system and of connecting the same with any such building, and exclusive of the cost of any tower upon which a lookout house may be erected, shall not exceed $7,500, with the exception that any building erected, purchased, or acquired, the cost of which was $7,500 or more, may be improved out of the appropriations made under this Act for the Forest Service by an amount not to exceed 2 per centum of the cost of such building as certified by the Secretary; to protect, administer, and improve the national forests, including tree planting and other measures to prevent erosion, drift, surface wash, soil waste, and the formation of floods, and to conserve water and including the payment of rewards under regulations of the Secretary for information leading to the arrest and conviction for violation of the laws and regulations relating to fires in or near national forests, or for the unlawful taking of, or injury to, Government property; to ascertain the natural conditions upon and utilize the national forests, to transport and care for fish and game supplied to stock the national forests or the waters therein; to collate, digest, report, and illustrate the results of experiments and investigations made by the Forest Service; to purchase lawbooks, reference and technical books, and technical journals for officers of the Forest Service stationed outside of Washington, and for medical supplies and services and other assistance necessary for the immediate relief of artisans, laborers, and other employees engaged in any hazardous work under the Forest Service: Provided further, That the appropriations for the work of the Forest Service shall be available for meeting the expenses of warehouse maintenance and the procurement, care, and handling of supplies, equipment, and materials stored therein for distribution to projects under the supervision of the Forest Service and for sale and distribution to other Government activities and to State and private agencies who cooperate with the Forest Service in fire control under terms of written cooperative agreements, the cost of such supplies, equipment, and materials, including the cost of supervision, transportation, warehousing, and handling, to be reimbursed to appropriations current at the time additional supplies and materials are procured for warehouse stocks: Provided further, That the appropriations for the work of the Forest Service available for the operation, repair, maintenance, and replacement of motor and other equipment may be reimbursed for use of such equipment on projects of the Forest Service chargeable to other appropriations, or on work of other Federal agencies, when requested by such agencies, reimbursement to be made from appropriations applicable to the work on which used at rental rates fixed by the Chief Forester based on the actual or estimated cost of operation, repair, maintenance, depreciation, and equipment management control,
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and credited to appropriations currently available at the time adjustment is effected: Provided further, That the Forest Service may rent equipment for fire-control purposes to State, county, private, or other non-Federal agencies cooperating with the Forest Service in fire control under the terms of written cooperative agreements, the amount collected for such rental to be credited to appropriations currently available at the time payment is received, as follows:

General administrative expenses: For necessary expenses for general administrative purposes, including the salary of the Chief Forester, for the necessary expenses of the National Forest Reservation Commission as authorized by section 14 of the Act of March 1, 1911 (16 U. S. C. 514), and for other personal services in the District of Columbia, $563,670.

National forest protection and management: For the administration, protection, use, maintenance, improvement, and development of the national forests, including the establishment and maintenance of forest tree nurseries, including the procurement of tree seed and nursery stock by purchase, production, or otherwise, seeding and tree planting and the care of plantations and young growth; the maintenance and operation of aerial fire control by contract or otherwise, with authority to renew any contract for such purpose annually, not more than twice, without additional advertising; the maintenance of roads and trails and the construction and maintenance of all other improvements necessary for the proper and economical administration, protection, development, and use of the national forests, including experimental areas under Forest Service administration: Provided, That where, in the opinion of the Secretary, direct purchases will be more economical than construction, improvements may be purchased; the construction, equipment, and maintenance of sanitary, fire preventive, and recreational facilities; control of destructive forest tree diseases and insects; timber cultural operations; development and application of fish and game management plans; propagation and transplanting of plants suitable for planting on semiarid portions of the national forests; estimating and appraising of timber and other resources and development and application of plans for their effective management, sale, and use; acceptance of moneys from timber purchasers for deposit into the Treasury in the trust account, Forest Service Cooperative Fund, which moneys are hereby appropriated and made available until expended for scaling services requested by purchasers in addition to those required by the Forest Service, and for refunds of amounts deposited in excess of the cost of such work; examination, classification, surveying, and appraisal of land incident to effecting exchanges authorized by law and of lands within the boundaries of the national forests that may be opened to homestead settlement and entry under the Act of June 11, 1906, and the Act of August 10, 1912 (16 U. S. C. 506-509), as provided by the Act of March 4, 1913 (16 U. S. C. 512); and all expenses necessary for the use, maintenance, improvement, protection, and general administration of the national forests, including lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted under the Act of March 1, 1911 (16 U. S. C. 521), and the Act of June 7, 1924 (16 U. S. C. 471, 499, 505, 564-570), lands transferred by authority of the Secretary from the Resettlement


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Administration to the Forest Service, and lands transferred to the Forest Service under authority of the Bankhead-Jones Farm Tenant Act, $14,978,537: Provided, That this appropriation shall be available for the expenses of properly caring for the graves of persons who have lost their lives as a result of fighting fires while employed by the Forest Service: Provided further, That in sales of logs, ties, poles, posts, cordwood, pulpwood, and other forest products the amounts made available for schools and roads by the Act of May 23, 1908 (16 U. S. C. 500), and the Act of March 4, 1913 (16 U. S. C. 501), shall be based upon the stumpage value of the timber.

Water rights: For the investigation and establishment of water rights, including the purchase thereof or of lands or interests in lands or rights-of-way for use and protection of water rights necessary or beneficial in connection with the administration and public use of the national forests, $9,410.

Fighting forest fires: For fighting and preventing forest fires on or threatening lands under Forest Service administration, including lands under contract for purchase or in process of condemnation for Forest Service purposes, and unappropriated public forest lands, $100,000, which amount shall also be available for meeting obligations of the preceding fiscal year.

Forest research: For forest research in accordance with the provisions of sections 1, 2, 7, 8, 9, and 10 of the Act entitled "An Act to insure adequate supplies of timber and other forest products for the people of the United States, to promote the full use for timber growing and other purposes of forest lands in the United States, including farm wood lots and those abandoned areas not suitable for agricultural production, and to secure the correlation and the most economical conduct of forest research in the Department of Agriculture through research in reforestation, timber growing, protection, utilization, forest economics, and related subjects", approved May 22, 1928, as amended (16 U. S. C. 581, 581a, 581f-581i), as follows:

Forest management: Fire, silvicultural, and other forest investigations and experiments under said section 2, as amended, at forest experiment stations or elsewhere, $400,000.

Range investigations: Investigations and experiments to develop improved methods of management of forest and other ranges under section 7, at forest or range experiment stations or elsewhere, $250,000.

Forest products: Experiments, investigations, and tests of forest products under section 8, at the Forest Products Laboratory, or elsewhere, $940,280.

Forest survey: A comprehensive forest survey under section 9, $140,000.

Forest economics: Investigations in forest economics under section 10, $75,000.

Forest influences: For investigations and experiments at forest experiment stations or elsewhere for determining and demonstrating the influence of natural vegetative cover characteristic of forest, range, or other wild land on water conservation, flood control, streamflow regulation, erosion, climate, and maintenance of soil productivity, and for developing preventive and control measures therefor, $75,000.


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In all, salaries and expenses, $17,531,897; and in addition thereto there are hereby appropriated all moneys received as contributions toward cooperative work under the provisions of section 1 of the Act approved March 3, 1925 (16 U. S. C. 572), which funds shall be covered into the Treasury and constitute a part of the special funds provided by the Act of June 30, 1914 (16 U. S. C. 498): Provided, That not to exceed $887,074 may be expended for departmental personal services in the District of Columbia: Provided further, That not to exceed $1,500 may be expended for the contribution of the United States to the cost of the office of the secretariat of the International Union of Forest Research Stations and of the Department of Timber Utilization of the Comité International du Bois.

FOREST-FIRE COOPERATION

For cooperation with the various States or other appropriate agencies in forest-fire prevention and suppression and the protection of timbered and cut-over lands in accordance with the provisions of sections 1, 2, and 3 of the Act entitled "An Act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on lands chiefly suitable therefor", approved June 7, 1924, as amended (16 U. S. C. 564-570), including also the study of the effect of tax laws and the investigation of timber insurance as provided in section 3 of said Act, $6 300,000, of which not to exceed $87,418 and $5,000 shall be available for personal services and for the purchase of supplies and equipment, respectively, in the District of Columbia: Provided, That the Secretary of Agriculture may authorize expenditures not to exceed $2,300,000 from this appropriation for preventing and suppressing forest fires on critical areas of national importance without requiring an equal expenditure by the State and private owners.

FARM AND OTHER PRIVATE FORESTRY COOPERATION

To enable the Secretary (1) to carry into effect, through such agencies of the Department as he may designate, the provisions of the Cooperative Farm Forestry Act, approved May 18, 1937 (16 U. S. C. 568b), (not to exceed $496,011) and the provisions of sections 4 (not to exceed $83,700) and 5 (not to exceed $65,100), of the Act entitled "An Act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on lands chiefly suitable therefor", approved June 7, 1924 (16 U. S. C. 567-568), and Acts supplementary thereto; and (2) through the Forest Service to cooperate with and advise timberland owners and associations, wood-using industries or other appropriate agencies in the application of forest management principles to federally owned lands leased to States and to private forest lands, so as to attain sustained-yield management, the conservation of the timber resources, the productivity of forest lands, and the stabilization of employment and economic continuance of forest industries, not to exceed $101,357; in all, not to exceed $746,168, of


26
which not to exceed $44,110 may be expended for personal services in the District of Columbia; the purchase of reference books and technical journals; not to exceed $30,000 for the construction or purchase of necessary buildings, and other improvements: Provided, That no part of this appropriation which is available for carrying out the Cooperative Farm Forestry Act and sections 4 and 5 of the Act approved June 7, 1924, shall be expended in any State or Territory unless the State or Territory, or local subdivision thereof, or individuals, or associations contribute a sum equal to that to be allotted therefrom by the Government or make contributions other than money deemed by the Secretary to be the value equivalent thereof: Provided further, That any part of this appropriation allocated for the production or procurement of nursery stock by any Federal agency, or funds appropriated to any Federal agency for allocation to cooperating States for the production or procurement of nursery stock, shall remain available for expenditure for not more than three fiscal years: Provided further, That in carrying into effect the provisions of the Cooperative Farm Forestry Act, no part of this appropriation shall be used to establish new nurseries or to acquire land for the establishment of such new nurseries.

ACQUISITION OF LANDS FOR NATIONAL FORESTS

For the acquisition of forest lands under the provisions of the Act approved March 1, 1911, as amended (16 U. S. C. 513-519, 521), $100,000, of which not to exceed $18,675 may be expended for personal services in the District of Columbia.

Total, Forest Service, $24,678,065.

FOREST ROADS AND TRAILS

For carrying out the provisions of section 23 of the Federal Highway Act approved November 9, 1921 (23 U. S. C. 23), and for the construction, reconstruction, and maintenance of roads and trails on experimental areas under Forest Service administration, including not to exceed $59,500 for personal services in the District of Columbia, $2,537,168 for forest development roads and trails, representing the balance of the amount authorized to be appropriated therefor for the fiscal year 1943 by the Act of September 5, 1940 (54 Stat. 867), together with $1,241,555 from the unobligated balances of previous appropriations for forest highways which is hereby reappropriated for forest development roads and trails; in all, $3,778,723, to be immediately available and to remain available until expended: Provided, That this appropriation shall be available for the rental, purchase, or construction of buildings necessary for the storage and repair of equipment and supplies used for road and trail construction and maintenance, but the total cost of any such building purchased or constructed under this authorization shall not exceed $7,500.

EMERGENCY RUBBER PROJECT

For all expenses necessary to enable the Secretary to carry into effect the Act of March 5, 1942, as amended (56 Stat. 126-128,


27
796-797), including personal services in the District of Columbia and elsewhere; printing and binding without regard to section 11 of the Act of March 1, 1919 (44 U. S. C. 111); purchase of books of reference and periodicals; purchase of passenger-carrying vehicles; erection of necessary buildings; procurement of medical supplies or services for emergency use in the field; and the acceptance of donations of land and rubber-bearing plants, and furnishing to employees daily transportation between points of assembly and work projects, $13,048,000: Provided, That any proceeds from the sales of guayule, rubber processed from guayule, or other rubber-bearing plants, or from other sales, rentals, and fees resulting from operations under such Act of March 5, 1942, as amended, shall be covered into the Treasury as miscellaneous receipts.

WAR FOOD ADMINISTRATION

Salaries and expenses: For expenses necessary to enable the War Food Administration to perform its functions, including those prescribed by Executive Orders 9280, 9322, 9328, and 9334, independently or in cooperation (by transfer of funds or otherwise) with public and private agencies and individuals, including not to exceed $10,000 per annum for an Administrator, other personal services in the District of Columbia and elsewhere in accordance with the provisions of law applicable to the appointment and compensation of persons employed by the Agricultural Adjustment Agency, including not to exceed $50,000 for the temporary employment of persons or organizations by contract or otherwise without regard to the Classification Act of 1923, as amended; printing and binding; the purchase of lawbooks, books of reference, periodicals, and newspapers; the purchase, operation, and maintenance (including two in the District of Columbia) of passenger-carrying vehicles; $25,000,000: Provided, That transfers of funds to other offices or administrative units in the Department with respect to which transfers of funds are otherwise authorized in this Act shall be in addition to, and subject to the same restrictions as, the amounts provided therefor in the Budget schedules.

COMMODITY CREDIT CORPORATION

Salaries and administrative expenses: Not to exceed $4,500,000 of the funds of the Commodity Credit Corporation shall be available for administrative expenses of the Corporation in carrying out its activities as authorized by law, including personal services in the District of Columbia and elsewhere; travel expenses, in accordance with the Standardized Government Travel Regulations and the Act of June 3, 1926, as amended (5 U. S. C. 821-833); printing and binding; lawbooks and books of reference; not to exceed $400 for periodicals, maps, and newspapers; procurement of supplies, equipment, and services; rent in the District of Columbia; and all other necessary administrative expenses: Provided, That all necessary expenses (including legal and special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the


28
Corporation or in which it has an interest, including expenses of collections of pledged collateral, shall be considered as nonadministrative expenses for the purposes hereof: Provided further, That none of the fund made available by this paragraph shall be obligated or expended unless and until an appropriate appropriation account shall have been established therefor pursuant to an appropriation warrant or a covering warrant, and all such expenditures shall be accounted for and audited in accordance with the Budget and Accounting Act of 1921, as amended: Provided further, That none of the fund made available by this paragraph shall be used for administrative expenses connected with the sale of Government owned or Government-controlled stocks of farm commodities at less than parity price as defined by the Agricultural Adjustment Act of 1938 or the comparable price as provided by section 4 (a) of the Act of July 1, 1941 (Public Law Numbered 147, Seventy-seventh Congress): Provided further, That the foregoing shall not apply to the sale or other disposition of any agricultural commodity substantially deteriorated in quality or sold for the purpose of feeding, or the extraction of peanut oil, or commodities sold to farmers for seed or for new or byproduct uses: Provided further, That no wheat or corn shall be sold for feed at a price less than the parity price of corn at the time such sale is made: Provided further, That in making regional adjustments in the sale price of corn or wheat the minimum price need not be higher in any area than the United States average parity price of corn.

CONSERVATION AND USE OF AGRICULTURAL LAND RESOURCES

To enable the Secretary to carry into effect the provisions of sections 7 to 17, inclusive, of the Soil Conservation and Domestic Allotment Act, approved February 29, 1936, as amended (16 U. S. C. 590g-590q), and the provisions of the Agricultural Adjustment Act of 1938, as amended (7 U. S. C. 1281-1407) (except the making of payments pursuant to sections 303 and 381 and the provisions of titles IV and V), including the employment of persons and means in the District of Columbia and elsewhere; not to exceed $50,000 for the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States; purchase of lawbooks, books of reference, periodicals, newspapers, $400,000,000, to remain available until June 30, 1945, for compliance with programs under the Agricultural Adjustment Act of 1938, as amended, and the Act of February 29, 1936, as amended, pursuant to the provisions of the 1943 programs carried out during the period July 1, 1942, to December 31, 1943, inclusive: Provided, That no part of said appropriation or any other appropriation in this Act shall be used for incentive or production adjustment payments, except for soil conservation and water conservation payments and payment of acreage allotment commitments on commodities as defined in the Agricultural Adjustment Act of 1938, as amended, and as enumerated and set forth in the "1943 Agricultural Conservation Program" bulletin, dated December 3, 1942: Provided further, That not to exceed $30,000,000 of said amount shall be available for salaries and other


29
administrative expenses for carrying out such programs: Provided further, That none of the funds herein appropriated or made available for the functions assigned to the Agricultural Adjustment Agency pursuant to the Executive Order (No. 9069) of February 23, 1942, shall be used to pay the salaries or expenses of any regional information employees or any State or county information employees, but this shall not preclude the answering of inquiries or supplying of information to individual farmers: Provided further, That such amount shall be available for salaries and other administrative expenses in connection with the formulation and administration of the 1944 programs of soil-building practices and soil and water-conservation practices, under the Act of February 29, 1936, and programs under the Agricultural Adjustment Act of 1938, as amended, the total expenditures of which, including administration, shall not exceed $300,000,000: Provided further, That no part of such amounts shall be available after June 30, 1944, for salaries and other administrative expenses except for payment of obligations therefor incurred prior to July 1, 1944: Provided further, That the Secretary may, in his discretion, from time to time transfer to the General Accounting Office such sums as may be necessary to pay administrative expenses of the General Accounting Office in auditing payments under this item: Provided further, That such amount shall be available for the purchase of seeds, fertilizers, lime, trees, or any other farming materials, or any soil-terracing services, and making grants thereof to agricultural producers to aid them in carrying out farming practices approved by the Secretary in the 1943, 1944, and 1945 programs under said Act of February 29, 1936, as amended; for the reimbursement of any Federal, State, or local government agency for fertilizers, seeds, lime, trees, or other farming materials, or any soil-terracing services, furnished by such agency; and for the payment of all expenses necessary in making such grants, including all or part of the costs incident to the delivery thereof: Provided further, That notwithstanding any other provision of law, persons who in 1943 carry out farming operations as tenants or sharecroppers on cropland owned by the United States Government and who comply with the terms and conditions of the 1943 agricultural conservation program, formulated pursuant to sections 7 to 17, inclusive, of the Soil Conservation and Domestic Allotment Act, as amended, shall be entitled to apply for and receive payments, or to retain payments heretofore made, for their participation in said program to the same extent as other producers: And provided further, that no part of such amount shall be available for carrying out the provisions of section 202 (a) to (f) of the Agricultural Adjustment Act of 1938.

PARITY PAYMENTS

To enable the Secretary to make full parity payments for the crop year 1942 pursuant to the authorization under this head in the Department of Agriculture Appropriation Act, 1943, $170,281,000, to remain available until June 30, 1945, and to be merged with and made a part of the appropriation under this head in said Act, and the unobligated balance of appropriation so merged shall remain available until June 30, 1946, for administrative expenses (including expenses of county and local committees), and not to exceed $5,000,000


30
of said unobligated balance may be expended for administrative expenses in the District of Columbia (including personal services) and elsewhere (excluding expenses of county and local committees), including such part of the total expenses of making acreage allotments, establishing normal yields, checking performance, and related activities in connection with wheat, cotton, corn, rice, and tobacco under the authorized farm program as the Secretary finds necessary to supplement the amount provided in section 392 of the Agricultural Adjustment Act of 1938.

The second proviso contained under this head in the Department of Agriculture Appropriation Act, 1943, is amended to read as follows: "Provided further, That such payments with respect to any such commodity shall be made upon the normal yield of the farm acreage allotment established for the commodity under the 1942 agricultural conservation program and shall be made with respect to a farm in full amount only in the event that the acreage planted to the commodity for harvest on the farm in 1942 was not in excess of the farm acreage allotment established for the commodity under said program, and, if such allotment has been exceeded, the parity payment with respect to the commodity shall be reduced by not more than 10 per centum for each 1 per centum, or fraction thereof, by which the acreage planted to the commodity is in excess of such allotment."

SUGAR ACT

To enable the Secretary to carry into effect the provisions, other than those specifically relating to the Philippine Islands, of the Sugar Act of 1937, approved September 1, 1937, as amended (7 U. S. C. 1100-1183), including the employment of persons and means, in the District of Columbia and elsewhere, as authorized by said Act, $54,883,060, to remain available until June 30, 1945, and in addition, $9,000,000 to be immediately available and to remain available to June 30, 1944, and to be merged with and made a part of the appropriation under this head in the Department of Agriculture Appropriation Act, 1943; in all, $63,883,060.

FEDERAL CROP INSURANCE ACT

Administrative and operating expenses: For operating and administrative expenses under the Federal Crop Insurance Act, approved February 16, 1938, as amended (7 U. S. C. 1501-1518; 55 Stat. 255-256), $3,500,000, including the employment of persons and means in the District of Columbia and elsewhere, printing and binding, purchase of lawbooks, books of reference, periodicals, and newspapers: Provided, That no part of this appropriation shall be used for or in connection with the insurance of wheat and cotton crops planted subsequent to July 31, 1943, or for any other purpose except in connection with the liquidation of insurance contracts on the wheat and cotton crops planted prior to July 31, 1943.

SOIL CONSERVATION SERVICE

To carry out the provisions of an Act entitled "An Act to provide for the protection of land resources against soil erosion, and for other


31
purposes", approved April 27, 1935 (16 U. S. C. 590a-590f), which provides for a national program of erosion control and soil and moisture conservation to be carried out directly and in cooperation with other agencies, including the employment of persons and means in the District of Columbia and elsewhere, purchase of books and periodicals, maintenance, repair, and operation of one passenger-carrying automobile in the District of Columbia, furnishing of subsistence to employees, training of employees, and the purchase and erection of permanent buildings: Provided, That the cost of any building purchased, erected, or as improved, exclusive of the cost of constructing a water supply or sanitary system and connecting the same with any such building, shall not exceed $2,500 except where buildings are acquired in conjunction with land being purchased for other purposes and except for eight buildings to be constructed at a cost not to exceed $15,000 per building: Provided further, That no money appropriated in this Act shall be available for the construction of any such building on land not owned by the Government: Provided further, That during the fiscal year for which appropriations are herein made the appropriations for the work of the Soil Conservation Service shall be available for meeting the expenses of warehouse maintenance and the procurement, care, and handling of supplies, materials, and equipment stored therein for distribution to projects under the supervision of the Soil Conservation Service and for sale and distribution to other Government activities, the cost of such supplies and materials or the value of such equipment (including the cost of transportation and handling) to be reimbursed to appropriations current at the time additional supplies, materials, or equipment are procured from the appropriations chargeable with the cost or value of such supplies, materials, or equipment.

General administrative expenses: For necessary expenses for general administrative purposes, including the salary of the Chief of the Soil Conservation Service and other personal services in the District of Columbia, $401,315: Provided, That no part of the money appropriated in this paragraph shall be available for expenditure if any emergency appropriations are made available for administrative expenses in administering the funds provided in regular appropriations to the Soil Conservation Service.

Soil and moisture conservation and land-use investigations: For research and investigations into the character, cause, extent, history, and effects of erosion, soil and moisture depletion and methods of soil and moisture conservation (including the construction and hydrologic phases of farm irrigation and land drainage); and for construction, operation, and maintenance of experimental watersheds, stations, laboratories, plots, and installations, $1,071,573.

Soil and moisture conservation and land-use operations, demonstrations, and information: For carrying out preventive measures to conserve soil and moisture, including such special measures as may be necessary to prevent floods and the siltation of reservoirs, and including the improvement of farm irrigation and land drainage, the establishment and operation of erosion nurseries, the making of conservation plans and surveys, and the dissemination of information, $19,130,000: Provided, That any part of this appropriation allocated for the production or procurement of nursery stock by any Federal


32
agency, or funds appropriated to any Federal agency for allocation to cooperating States for the production or procurement of nursery stock, shall remain available for expenditure for not more than three fiscal years.

Emergency erosion control, Everglades region, Florida: For research and demonstration work in soil conservation control measures, including research and demonstration work in fire control and irrigation construction work to eliminate fire hazards, in the Everglades region of Florida, $72,248: Provided, That no expenditures shall be made for these purposes until a sum at least equal to such expenditures shall have been made available by the State of Florida, or a political subdivision thereof, for the same purposes.

Total, Soil Conservation Service, $20,675,136, of which not to exceed $1,069,391 may be expended for personal services in the District of Columbia.

WATER FACILITIES, ARID AND SEMIARID AREAS

To enable the Secretary of Agriculture to carry into effect the provisions of the Act entitled "An Act to promote conservation in the arid and semiarid areas of the United States by aiding in the development of facilities for water storage and utilization, and for other purposes", approved August 28, 1937, as amended (16 U. S. C. 590r-590x, 590z-5), including the purchase, exchange, operation, and maintenance of passenger-carrying vehicles, $1,000,000, of which not to exceed $11,000 may be expended for personal services in the District of Columbia.

LAND UTILIZATION AND RETIREMENT OF SUBMARGINAL LAND

To enable the Secretary to carry out the provisions of title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U. S. C. 1010-1013), including the employment of persons and means in the District of Columbia and elsewhere, $1,126,120.

EXPORTATION AND DOMESTIC CONSUMPTION OF AGRICULTURAL COMMODITIES

To enable the Secretary of Agriculture to further carry out the provisions of section 32, as amended, of the Act entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes", approved August 24, 1935, and subject to all provisions of law relating to the expenditure of funds appropriated by such section, during the fiscal year ending June 30, 1944, funds appropriated by or for the purposes of section 32 of said Act shall be available to the Secretary of Agriculture for the maintenance and operation of a school milk and lunch program under clause (2) of said section 32 in a sum not exceeding $50,000,000: Provided, That such funds shall be available for such purposes during the fiscal year 1944 without regard to the requirement therein relating to the encouragement of domestic consumption but no part of such funds shall be available to defray the expenses of any activity heretofore carried on by the Work Projects Administration.


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MARKETING SERVICE

For the employment of such persons and means in the city of Washington and elsewhere as may be necessary in conducting investigations, experiments, and demonstrations, either independently or in cooperation with public or private agencies, organizations, or individuals, as follows:

Market news service: For collecting, publishing, and distributing, by telegraph, mail, or otherwise, timely information on the market supply and demand, commercial movement, location, disposition, quality, condition, and market prices of livestock, meats, fish, and animal products, dairy and poultry products, fruits and vegetables, peanuts and their products, grain, hay, feeds, cottonseed, and seeds, and other agricultural products, independently and in cooperation with other branches of the Government, State agencies, purchasing and consuming organizations, and persons engaged in the production, transportation, marketing, and distribution of farm and food products, $1,084,570.

Market inspection of farm products: For enabling the Secretary, independently and in cooperation with other branches of the Government, State agencies, purchasing and consuming organizations, boards of trade, chambers of commerce, or other associations of businessmen or trade organizations, and persons or corporations engaged in the production, transportation, marketing, and distribution of farm and food products, whether operating in one or more jurisdictions, to investigate and certify to shippers and other interested parties the class, quality, and condition of cotton, tobacco, fruits, and vegetables, whether raw, dried, or canned, poultry, butter, hay, and other perishable farm products when offered for interstate shipment or when received at such important central markets as the Secretary may from time to time designate, or at points which may be conveniently reached therefrom under such rules and regulations as he may prescribe, including payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That officers and employees who, under proper authorization, use privately owned motor vehicles in the performance of official travel within the corporate limits of their official stations for the purpose of inspecting and grading farm and food products and the supervision thereof at points located within the said corporate limits may be reimbursed for such travel at a rate not to exceed 3 cents per mile: Provided further, That certificates issued by the authorized agents of the Department shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained, $474,137.

Marketing farm products: For acquiring and diffusing among the people of the United States useful information relative to the standardization, classification, grading, preparation for market, handling, and marketing of farm and food products, including the demonstration and promotion of the use of uniform standards of classification of American farm and food products throughout the world, and for making analyses of cotton fiber as provided by the Act of April 7, 1941 (7 U. S. C. 473d), $388,250: Provided, That samples, illustrations, practical forms, or sets of the grades recommended or promulgated by the Secretary for farm or food products may be sold under such


34
rules and regulations as he may prescribe, and the receipts therefrom deposited in the Treasury to the credit of miscellaneous receipts.

Tobacco Inspection and Tobacco Stocks and Standards Acts: To enable the Secretary to carry into effect the provisions of an Act entitled "An Act to establish and promote the use of standards of classification for tobacco, to provide and maintain an official tobacco-inspection service, and for other purposes", approved August 23, 1935 (7 U. S. C. 511-511q), and an Act entitled "An Act to provide for the collection and publication of statistics of tobacco by the Department of Agriculture", approved January 14, 1929 (7 U. S. C. 501-508), as amended, $812,530.

Perishable Agricultural Commodities, Produce Agency, and Standard Container Acts: To enable the Secretary to carry into effect the provisions of the Perishable Agricultural Commodities Act, approved June 10, 1930, as amended (7 U. S. C. 499a-499r) and as further amended by the Act of April 6, 1942 (Public Law 516), and the Act to prevent the destruction or dumping of farm produce, and for other purposes, approved March 3, 1927 (7 U. S. C. 491-497), the Standard Baskets Act, approved August 31, 1916, as amended (15 U. S. C. 251-256), and the Act to fix standards for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes, approved May 21, 1928 (15 U. S. C. 257-257i), $177,520.

Cotton Statistics, Classing, Standards, and Futures Acts: To enable the Secretary to carry into effect the provisions of the Act authorizing him to collect and publish statistics of the grade and staple length of cotton, approved March 3, 1927, as amended by the Act of April 13, 1937 (7 U. S. C. 471-476), and to perform the duties imposed upon him by chapter 14 of the Internal Revenue Code relating to cotton futures (26 U. S. C. 1920-1935), and to carry into effect the provisions of the United States Cotton Standards Act, approved March 4, 1923, as amended (7 U. S. C. 51-65), including such means as may be necessary for effectuating agreements with cotton associations, cotton exchanges, and other cotton organizations in foreign countries, for (1) the adoption, use, and observance of universal standards of cotton classification, (2) the arbitration or settlement of disputes with respect thereto, and (3) the preparation, distribution, inspection, and protection of the practical forms or copies thereof under such agreements, $1,042,428.

United States Grain Standards Act: To enable the Secretary to carry into effect the provisions of the United States Grain Standards Act, $742,330.

United States Warehouse Act: To enable the Secretary to carry into effect the provisions of the United States Warehouse Act, $464,115.

Federal Seed Act: To enable the Secretary to carry into effect the provisions of the Act entitled "An Act to regulate interstate and foreign commerce in seeds; to require labeling and to prevent misrepresentation of seeds in interstate commerce; to require certain standards with respect to certain imported seeds; and for other purposes", approved August 9, 1939 (7 U. S. C. 1561-1610), $80,650: Provided, That not to exceed $250 of this amount may be used for meeting the share of the United States in the expenses of the International Seed Testing Congress in carrying out plans for correlating


35
the work of the various adhering governments on problems relating to seed analysis or other subjects which the Congress may determine to be necessary in the interest of international seed trade.

Packers and Stockyards Act: For carrying out the provisions of the Packers and Stockyards Act, approved August 15, 1921, as amended by the Act of August 14, 1935 (7 U. S. C. 181-229), $364,070: Provided, That hereafter the Secretary may require reasonable bonds from every market agency and dealer, under such rules and regulations as he may prescribe, to secure the performance of their obligations, and whenever, after due notice and hearing, the Secretary finds any registrant is insolvent or has violated any provisions of said Act he may issue an order suspending such registrant for a reasonable specified period. Such order of suspension shall take effect within not less than five days, unless suspended or modified or set aside by the Secretary or a court of competent jurisdiction.

Naval Stores Act: For enabling the Secretary to carry into effect the provisions of the Naval Stores Act of March 3, 1923 (7 U. S. C. 91-99), $30,120.

Enforcement of the Insecticide Act: For enabling the Secretary to carry into effect the provisions of the Act of April 26, 1910 (7 U. S. C. 121-134), entitled "An Act for preventing the manufacture, sale, or transportation of adulterated or misbranded paris greens, lead arsenates, other insecticides, and also fungicides, and for regulating traffic therein, and for other purposes", $167,880.

Commodity Exchange Act: To enable the Secretary to carry into effect the provisions of the Commodity Exchange Act, as amended (7 U. S. C. 1-17a), and as further amended by the Act of October 9, 1940 (7 U. S. C. 2), $300,000.

Total, Marketing Service, $6,128,600, of which amount not to exceed $1,349,063 may be expended for departmental personal services in the District of Columbia.

RURAL ELECTRIFICATION ADMINISTRATION

To enable the Secretary to carry into effect the provisions of the Rural Electrification Act of 1936, approved May 20, 1936, as amended (7 U. S. C. 901-914), as follows:

Salaries and expenses: For administrative expenses and expenses of studies, investigations, publications, and reports including the salary of the Administrator, Rural Electrification Administration, and other personal services in the District of Columbia and elsewhere; purchase and exchange of books, lawbooks, books of reference, directories, and periodicals; not to exceed $300 for newspapers; financial and credit reports, $2,258,000.

Loans: For loans in accordance with sections 3, 4, and 5, and for the purchase of property and costs and expenses incurred in connection therewith in accordance with section 7 of the Rural Electrification Act of May 20, 1936, as amended (7 U. S. C. 901-914), $20,000,000.

Total, Rural Electrification Administration, $22,258,000.

FARM CREDIT ADMINISTRATION

SALARIES AND EXPENSES

For salaries and expenses of the Farm Credit Administration in the District of Columbia and the field, including printing and binding;


36
travel expenses, including not to exceed $5,000 for travel incurred under proper authority attending meetings or conventions of members of organizations at which matters of importance to the work of the Farm Credit Administration are to be discussed or transacted; lawbooks, books of reference, and not to exceed $750 for periodicals and newspapers; contract stenographic reporting services; library membership fees or dues in organizations which issue publications to members only or to members at a lower price than to others, payment for which may be made in advance; purchase of manuscripts, data, and special reports by personal service without regard to the provisions of any other Act; purchase, maintenance, repair, and operation of motor-propelled passenger-carrying vehicles in the District of Columbia and elsewhere; garage rental in the District of Columbia; payment of actual transportation and other necessary expenses and not to exceed $10 per diem in lieu of subsistence of persons serving, while away from their homes, without other compensation from the United States, in an advisory capacity to the Farm Credit Administration; employment of persons, firms, and others for the performance of special services, including legal services; necessary administrative expenses in connection with the making of loans under the provisions of the Act of January 29, 1937 (12 U. S. C. 1020i-1020n, 1020o), and the collection of moneys due the United States on account of loans made under the provisions of said Act and similar Acts administered by the Farm Credit Administration relating to loans for crop production, feed, seed, and harvesting; examination of corporations, banks, associations, and institutions operated, supervised, or regulated by the Farm Credit Administration: Provided, That hereafter the requirement (12 U. S. C. 952) that Federal land banks and joint stock land banks shall be examined at least twice each year is hereby modified so that such examinations need be made only once each year: Provided further, That hereafter the expenses and salaries of employees engaged in such examinations shall be assessed against the said corporations, banks, or institutions in accordance with the provisions of existing laws except that the amounts collected from the Federal land banks, joint stock land banks, and Federal intermediate credit banks pursuant to the Act of July 17, 1916, as amended (12 U. S. C. 657), shall be covered into the Treasury and credited to a special fund, and the Administration shall estimate the cost to the Farm Credit Administration of the administrative supervision of the Federal land banks, the banks for cooperatives, the Federal intermediate credit banks, and the production credit corporations for the fiscal year 1944 and shall apportion the amount so determined among such banks and corporations on such equitable basis as said Administration shall determine, and shall assess and collect such amounts in advance from such banks and corporations and the amount so collected shall be covered into the Treasury and credited to said special fund, which fund is hereby made available to said Administration for expenditure for the purposes set forth in this appropriation: Provided further, That as soon as practicable after June 30, 1944, said Administration shall determine, on a fair and reasonable basis, (1) the cost of the examination services rendered during the fiscal year 1944 to each Federal land bank, joint stock land bank, and Federal intermediate credit bank and (2) the amount which fairly and equitably
37
should be allocated to each Federal land bank, bank for cooperatives, Federal intermediate credit bank, and production credit corporation as the cost during the fiscal year 1944 of their administrative supervision, and if the sum of these two items in any case is greater than the total amount collected from the bank or the corporation concerned, the difference shall be collected from such bank or corporation or, if less, shall be refunded from said special fund to the bank or the corporation entitled thereto; in all, $689,259, together with not to exceed $3,938,561 from the funds made available to the Farm Credit Administration pursuant to the Act of January 29, 1937 (12 U. S. C. 1020i-1020n, 1020o).

Farmers' crop production and harvesting loans: For loans to farmers under the Act of January 29, 1937 (12 U. S. C. 1020i-1020n, 1020o), as amended by the Acts of February 4, 1938 (52 Stat. 26), June 30, 1939 (53 Stat. 939), June 25, 1940 (12 U. S. C. 1020n-1), and July 1, 1941 (55 Stat. 444), and July 22, 1942 (56 Stat. 700-701), $4,907,273, together with the unobligated balance (exclusive of the amount of such balance made available for "Salaries and expenses, Farm Credit Administration, 1944") of the appropriation "Crop production and harvesting loans" as made in the First Deficiency Appropriation Act, fiscal year 1937 (50 Stat. 8, 11), and as continued available by the Acts of February 4, 1938 (52 Stat. 26), June 30, 1939 (53 Stat. 939), June 25, 1940 (12 U. S. C. 1020n-1), July 1, 1941 (55 Stat. 444), and July 22, 1942 (56 Stat. 700-701), together with all collections of principal and interest on loans heretofore or hereafter made under said Act of January 29, 1937 (12 U. S. C. 1020i-1020n, 1020o).

FEDERAL FARM MORTGAGE CORPORATION

Not to exceed $7,822,000 of the funds of the Federal Farm Mortgage Corporation, established by the Act of January 31, 1934 (12 U. S. C. 1020-1020h), shall be available during the fiscal year 1944 for administrative expenses of the Corporation, including personal services in the District of Columbia and elsewhere; travel expenses of officers and employees of the Corporation, in accordance with the Standardized Government Travel Regulations and the Act of June 3, 1926, as amended (5 U. S. C. 821-833); printing and binding, lawbooks, books of reference, and not to exceed $250 for periodicals and newspapers; contract stenographic reporting services; procurement of supplies, equipment, and services; purchase, maintenance, repair, and operation of motor-propelled passenger-carrying vehicles, to be used only for official purposes; rent in the District of Columbia; payment of actual transportation and other necessary expenses and not to exceed $10 per diem in lieu of subsistence of persons serving, while away from their homes, without other compensation from the United States, in an advisory capacity to the Corporation; employment on a contract or fee basis of persons, firms, and corporations for the performance of special services, including legal services; use of the services and facilities of Federal land banks, national farm loan associations, Federal Reserve banks, and agencies of the Government as authorized by said Act of January 31, 1934; and all other necessary administrative expenses: Provided, That all expenditures which under the accounting system prescribed


38
for the Corporation by the General Accounting Office are to be treated as capital investments, increasing the book value of acquired fixed property (real estate and chattel), shall be considered as nonadministrative expenses for the purposes hereof: Provided further, That except for the limitation in amounts hereinbefore specified, and the restrictions in respect to travel expenses, the administrative expenses and other obligations of the Corporation shall be incurred, allowed, and paid in accordance with the provisions of said Act of January 31, 1934, as amended (12 U. S. C. 1016-1020h).

Total, Farm Credit Administration, $5,596,532.

LOANS, GRANTS, AND RURAL REHABILITATION

To enable the Secretary through the War Food Administration to continue to provide assistance through rural rehabilitation and grants to needy farmers in the United States, its Territories, and possessions, including (1) farm debt adjustment service, and making and servicing of loans and grants under this and prior laws; (2) loans to needy individual farmers; (3) grants; and (4) liquidation as expeditiously as possible of Federal rural rehabilitation projects under the supervision of the War Food Administration, $20,000,000, which sum shall be also available for necessary administrative expenses incident to the foregoing, including personal services in the District of Columbia and elsewhere; compensation of experts without regard to the Classification Act of 1923, as amended; purchase of lawbooks, books of reference, periodicals, and newspapers; purchase, operation, and maintenance of motor-propelled passenger-carrying vehicles; and printing and binding: Provided, That the War Food Administrator shall transmit to the Congress semiannually a progress report with respect to the liquidation of Federal rural rehabilitation projects, under his supervision, showing by name and by States all dispositions of such projects, or parts thereof, together with the amounts of Federal funds expended in the process of liquidation, and any losses incurred in the use of such funds: Provided further, That during the first four months of the fiscal year ending June 30, 1944, the Administrator of the War Food Administration may, in his discretion, authorize expenditures from this appropriation at a rate in excess of one-twelfth of the total appropriation during each of such months.

In making any grant payments under this Act, the Secretary is authorized to require with respect to such payments the performance of work on useful public projects, Federal and non-Federal, including work on private or public land in furtherance of the conservation of natural resources, and the provisions of the Act of February 15, 1934 (5 U. S. C. 796), as amended, relating to disability or death compensation, and benefits shall apply to those persons performing such work: Provided, That this section shall not apply to any case coming within the purview of the workmen's compensation law of any State, Territory, or possession, or in which the claimant has received or is entitled to receive similar benefits for injury or death.

For additional funds for the purpose of making rural rehabilitation loans to needy individual farmers, who are unable to obtain credit elsewhere at comparable rates for the area where such loan is proposed to be made, the Reconstruction Finance Corporation is authorized and directed to make advances to the Secretary upon his


39
request in an aggregate amount of not to exceed $60,000,000. Such advances shall be made (1) with interest at the rate of 3 per centum per annum payable semiannually; (2) upon the security of obligations acceptable to the Corporation heretofore or hereafter acquired by the Secretary pursuant to law; (3) in amounts which shall not exceed 75 per centum of the then unpaid principal amount of the obligations securing such advances; and (4) upon such other terms and conditions, and with such maturities, as the Corporation may determine. The Secretary shall pay to the Corporation, currently as received by him, all moneys collected as payments of principal and interest on the loans made from the amounts so advanced or collected upon any obligations held by the Corporation as security for such advances, until such amounts are fully repaid. The amount of notes, debentures, bonds, or other such obligations which the Corporation is authorized and empowered to issue and to have outstanding at any one time under the provisions of law in force on the date this Act takes effect is hereby increased by an amount sufficient to carry out the provisions of this paragraph.

None of the moneys appropriated or otherwise authorized under this caption ("Loans, grants, and rural rehabilitation") shall be used for (1) the purchase or leasing of land or for the carrying on of any land-purchase or land-leasing program; (2) the carrying on of any operations in collective farming, or cooperative farming, or the organization, promotion or management of homestead associations, land-leasing associations, land-purchasing associations, or cooperative land purchasing for colonies of rehabilitants or tenant purchasers, except for the liquidation as expeditiously as possible of any such projects heretofore initiated; or (3) the making of loans to any individual farmer in excess of $2,500; or (4) the making of loans to any cooperative association; or (5) the making of loans for the payment of dues to or the purchase of any share or stock interest in any cooperative association (except for medical, dental or hospital services) or for any expenditure other than that deemed necessary, in the discretion of the Administrator, for the production of agricultural commodities.

The Secretary of Agriculture may expend funds administered by him as trustee under the various transfer agreements with the several State rural rehabilitation corporations only for purposes for which funds made available under this caption may be expended, and the limitations applicable to such funds shall also be applicable to the expenditure of such trust funds by the Secretary of Agriculture.

The appropriation and authorizations herein made under the heading "Loans, grants, and rural rehabilitation", shall constitute the total amount to be available for obligation under this heading during the fiscal year 1944 and shall not be supplemented by funds from any source.

No part of the appropriation herein made under the heading "Loans, grants, and rural rehabilitation" shall be available to pay the compensation of any person appointed in accordance with the civil-service laws.

FARM TENANCY

To enable the Secretary through the War Food Administration to carry into effect the provisions of title I of the Bankhead-Jones


40
Farm Tenant Act, approved July 22, 1937 (7 U. S. C. 1000-1006), as follows:

Salaries and expenses: For necessary expenses in connection with the making of loans under title I of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U. S. C. 1000-1006), and the collection of moneys due the United States on account of loans heretofore made under the provisions of said Act, including the employment of persons and means in the District of Columbia and elsewhere, exclusive of printing and binding as authorized by said Act, $1,326,070.

Loans: For loans to individual farmers in accordance with title I of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U. S. C. 1000-1006), $30,000,000, which sum shall be borrowed from the Reconstruction Finance Corporation at an interest rate of 3 per centum per annum and which sum shall not be used for making loans under the terms of said Act for the purchase of farms of greater value than the average farm unit of thirty acres and more in the county, parish, or locality in which such purchase may be made, which value shall be determined solely according to statistics of the farm census of 1940: Provided, That the amount which is available to any State or Territory for making loans under such title I shall be distributed by the Secretary, in accordance with rules prescribed by him, among the several counties or parishes in such State or Territory, except that he shall not distribute to any such county or parish in excess of two times the amount which would be distributed to such county or parish were the entire amount available to the State or Territory distributed among the several counties or parishes in such State or Territory on the basis of farm population and the prevalence of tenancy, or an amount sufficient to make not more than five loans in any one State or Territory, whichever amount is the larger; and the Reconstruction Finance Corporation is hereby authorized and directed to lend such sum to the Secretary upon the security of any obligations of borrowers from the Secretary under the provisions of title I of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U. S. C. 1000-1006): Provided, That the amount loaned by the Reconstruction Finance Corporation shall not exceed 85 per centum of the principal amount outstanding of the obligations constituting the security therefor: Provided further, That the Secretary may utilize proceeds from payments of principal and interest on any loans made under such title I to repay the Reconstruction Finance Corporation the amount borrowed therefrom under the authority of this paragraph: Provided further, That the amount of notes, bonds, debentures, and other such obligations which the Reconstruction Finance Corporation is authorized and empowered to issue and to have outstanding at any one time under existing law is hereby increased by an amount sufficient to carry out the provisions hereof.

LIQUIDATION AND MANAGEMENT OF RESETTLEMENT PROJECTS

To enable the Secretary to carry out the provisions of section 43 of title IV of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U. S. C. 1014-1029), including the employment of persons


41
and means, in the District of Columbia and elsewhere, exclusive of printing and binding, as authorized by said Act, $421,039.

SEC. 2. No part of any appropriation contained in this Act or authorized hereby to be expended shall be used to pay the compensation or expenses of any officer or employee of the Department of Agriculture, or any bureau, office, agency, or service of the Department, or any corporation, institution, or association supervised thereby, who makes or approves, or directs or authorizes any other officer or employee of the Department or of any such bureau, office, agency, service, corporation, institution, or association to make or approve, (1) any loan or advance under the provisions of food production financing bulletins F-1 or F-2, issued by the Farm Credit Administration operating under the Food Production Administration, Production Loans Branch, as heretofore or hereafter amended, unless (a) the applicant represents in writing and it is administratively determined that credit sufficient in amount to finance the production of the crops or livestock specified in the application is not available to him from sources other than the Regional Agricultural Credit Corporation or is available from other sources only on such terms and conditions that he could not use the other credit available to the extent necessary to produce the entire quantity of such crops or livestock specified in his application and (b) the person authorized to approve the loan or advance on behalf of the Regional Agricultural Credit Corporation finds that a greater quantity of the crops or livestock specified in the application would be likely to be produced if the loan or advance is made than would be produced otherwise, or (2) any loan or advance under the provisions of section 201 (e) of the Emergency Relief and Construction Act of 1932 (12 U. S. C. 1148), as amended (other than loans or advances under bulletins F-1 and F-2 made or approved on the conditions specified in this section) except (a) in regions in which loans or advances had been made under said section 201 (e) of the Emergency Relief and Construction Act of 1932 within one year prior to December 1, 1942, or (b) in any region which the Secretary of Agriculture shall have designated as a region in which the making of such loans or advances is necessary in order to finance the production of crops or livestock that otherwise would not be produced in such region: Provided, That none of the limitations provided for by this section shall apply with respect to any loan or advance made or approved before the date this Act becomes effective, or to the disbursement either before or after such date of any part of the proceeds of any loan or advance theretofore made or to any loan or advance made or approved at any time for the purpose of financing the completion of production undertaken before such date or for the purpose of protecting or preserving the security for or assisting in the collection or liquidation of any loan or advance made or approved before such date.

SEC. 3. Not to exceed 7 per centum of the foregoing amounts for the miscellaneous expenses of the work of any bureau, division, or office herein provided for shall be available interchangeably for expenditures on the objects included within the general expenses of such bureau, division, or office, but no more than 7 per centum shall be added to any one item of appropriation except in cases of extraordinary emergency.


42

SEC. 4. During the fiscal year for which appropriations are herein made the head of any department or independent establishment of the Government requiring inspections, analyses, and tests of food and other products, within the scope of the functions of the Department of Agriculture and which that Department is unable to perform within the limits of its appropriations, may, with the approval of the Secretary transfer to the Department for direct expenditure such sums as may be necessary for the performance of such work.

SEC. 5. Within the unit limit of cost fixed by law the lump-sum appropriations herein made for the Department shall be available for the purchase of motor-propelled and horse-drawn passenger-carrying vehicles necessary in the conduct of the field work of the Department outside the District of Columbia: Provided, That such vehicles shall be used only for official service outside the District of Columbia, but this shall not prevent the continued use for official service of motortrucks in the District of Columbia: Provided further, That appropriations contained in this Act shall be available for the maintenance, operation, and repair of motor-propelled and horse-drawn passenger-carrying vehicles: Provided further, That the funds available to the Agricultural Conservation and Adjustment Administration may be used for the maintenance, repair, and operation of one passenger-carrying vehicle in the District of Columbia.

SEC. 6. Provisions of law prohibiting or restricting the employment of aliens shall not apply to (1) the temporary employment of translators when competent citizen translators are not available; (2) employment in cases of emergency of persons in the field service of the Department for periods of not more than sixty days; (3) employment on the Emergency Rubber Project; (4) employment by the Rural Electrification Administration of not to exceed twenty junior engineer trainees who are citizens of other American republics; and (5) employment under the appropriation for the Office of Foreign Agricultural Relations.

SEC. 7. No part of any appropriation contained in this Act shall be used to pay the salary or wages of any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided, That for the purposes hereof an affidavit shall be considered prima facie evidence that the person making the affidavit does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided further, That such administrative or supervisory employees of the Department as may be designated for the purpose by the Secretary are hereby authorized to administer the oaths to persons making affidavits required by this section, and they shall charge no fee for so doing: Provided further, That any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts employment the salary or wages for which are paid from any appropriation contained in this Act shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That nothing in this section shall be construed to require an affidavit from


43
any person employed for less than sixty days for sudden emergency work involving the loss of human life or destruction of property, and payment of salary or wages may be made to such persons from applicable appropriations for services rendered in such emergency without execution of the affidavit contemplated by this section.

SEC. 8. That notwithstanding the provisions of the Agricultural Adjustment Act of 1938, as amended, or any other provision of law, any owner, lessee, tenant, or operator of any farm land on which a substantial part of any crop was destroyed or damaged by flood or by insect infestation in 1943 so that abandonment or replanting of such crop is necessary, may market without penalty the actual production of cotton from any acreage planted on such farm land and the planting in 1943 of any acreage in excess of the farm cotton acreage allotment on such farm land shall not cause the producer to suffer any deduction or loss of eligibility for payment, commodity loans, or price support: Provided, That the acreage in excess of the farm acreage allotment in 1943 shall not constitute past acreage or past production of cotton in determining the farm, county, or State acreage allotment for any subsequent year.

This Act may be cited as the "Department of Agriculture Appropriation Act, 1944".

Approved July 12, 1943.


1

Excerpt from Public Law 129

(Public Law 129—78th Congress)
(Chapter 215—1st Session)
(H. R. 2481)
AN ACT

Making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1944, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Agriculture for the fiscal year ending June 30, 1944, namely:

DEPARTMENT OF AGRICULTURE

LOANS, GRANTS, AND RURAL REHABILITATION

To enable the Secretary through the War Food Administration to continue to provide assistance through rural rehabilitation and grants to needy farmers in the United States, its Territories, and possessions, including (1) farm debt adjustment service, and making and servicing of loans and grants under this and prior laws; (2) loans to needy individual farmers; (3) grants; and (4) liquidation as expeditiously as possible of Federal rural rehabilitation projects under the supervision of the War Food Administration, $20,000,000, which sum shall be also available for necessary administrative expenses incident to the foregoing, including personal services in the District of Columbia and elsewhere; compensation of experts without regard to the Classification Act of 1923, as amended; purchase of lawbooks, books of reference, periodicals, and newspapers; purchase, operation, and maintenance of motorpropelled passenger-carrying vehicles; and printing and binding: Provided, That the War Food Administrator shall transmit to the Congress semiannually a progress report with respect to the liquidation of Federal rural rehabilitation projects, under his supervision, showing by name and by States all dispositions of such projects, or parts thereof, together with the amounts of Federal funds expended in the process of liquidation, and any losses incurred in the use of such funds: Provided further, That during the first four months of the fiscal year ending June 30, 1944, the Administrator of the War Food Administration may, in his discretion, authorize expenditures from this appropriation at a rate in excess of one-twelfth of the total appropriation during each of such months.

In making any grant payments under this Act, the Secretary is authorized to require with respect to such payments the performance of work on useful public projects, Federal and non-Federal, including work on private or public land in furtherance of the conservation of natural resources, and the provisions of the Act of February 15, 1934 (5 U.S.C. 796), as amended, relating to disability or death compensation, and benefits shall apply to those persons performing such work: Provided, That this section shall not


2
apply to any case coming within the purview of the workmen's compensation law of any State, Territory, or possession, or in which the claimant has received or is entitled to receive similar benefits for injury or death.

For additional funds for the purpose of making rural rehabilitation loans to needy individual farmers, who are unable to obtain credit elsewhere at comparable rates for the area where such loan is proposed to be made, the Reconstruction Finance Corporation is authorized and directed to make advances to the Secretary upon his request in an aggregate amount of not to exceed $60,000,000. Such advances shall be made (1) with interest at the rate of 3 per centum per annum payable semiannually; (2) upon the security of obligations acceptable to the Corporation heretofore or hereafter acquired by the Secretary pursuant to law; (3) in amounts which shall not exceed 75 per centum of the then unpaid principal amount of the obligations securing such advances; and (4) upon such other terms and conditions, and with such maturities, as the Corporation may determine. The Secretary shall pay to the Corporation, currently as received by him, all moneys collected as payments of principal and interest on the loans made from the amounts so advanced or collected upon any obligations held by the Corporation as security for such advances, until such amounts are fully repaid. The amount of notes, debentures, bonds, or other such obligations which the Corporation is authorized and empowered to issue and to have outstanding at any one time under the provisions of law in force on the date this Act takes effect is hereby increased by an amount sufficient to carry out the provisions of this paragraph.

None of the moneys appropriated or otherwise authorized under this caption ("Loans, grants, and rural rehabilitation") shall be used for (1) the purchase or leasing of land or for the carrying on of any land-purchase or land-leasing program; (2) the carrying on of any operations in collective farming, or cooperative farming, or the organization, promotion or management of homestead associations, land-leasing associations, land-purchasing associations, or cooperative land purchasing for colonies of rehabilitants or tenant purchasers, except for the liquidation as expeditiously as possible of any such projects heretofore initiated; or (3) the making of loans to any individual farmer in excess of $2,500; or (4) the making of loans to any cooperative association; or (5) the making of loans for the payment of dues to or the purchase of any share or stock interest in any cooperative association (except for medical, dental or hospital services) or for any expenditure other than that deemed necessary, in the discretion of the Administrator, for the production of agricultural commodities.

The Secretary of Agriculture may expend funds administered by him as trustee under the various transfer agreements with the several State rural rehabilitation corporations only for purposes for which funds made available under this caption may be expended, and the limitations applicable to such funds shall also be applicable to the expenditure of such trust funds by the Secretary of Agriculture.


3

The appropriation and authorizations herein made under the heading "Loans, grants and rural rehabilitation", shall constitute the total amount to be available for obligation under this heading during the fiscal year 1944 and shall not be supplemented by funds from any source.

No part of the appropriation herein made under the heading "Loans, grants, and rural rehabilitation" shall be available to pay the compensation of any person appointed in accordance with the civil-service laws.

FARM TENANCY

To enable the Secretary through the War Food Administration to carry into effect the provisions of title I of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U.S.C. 1000-1006), as follows:

Salaries and expenses: For necessary expenses in connection with the making of loans under title I of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U.S.C. 1000-1006), and the collection of moneys due the United States on account of loans heretofore made under the provisions of said Act, including the employment of persons and means in the District of Columbia and elsewhere, exclusive of printing and binding as authorized by said Act, $1,326,070.

Loans: For loans to individual farmers in accordance with title I of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U.S.C. 1000-1006), $30,000,000, which sum shall be borrowed from the Reconstruction Finance Corporation at an interest rate of 3 per centum per annum and which sum shall not be used for making loans under the terms of said Act for the purchase of farms of greater value than the average farm unit of thirty acres and more in the county, parish, or locality in which such purchase may be made, which value shall be determined solely according to statistics of the farm census of 1940: Provided, That the amount which is available to any State or Territory for making loans under such title I shall be distributed by the Secretary, in accordance with rules prescribed by him, among the several counties or parishes in such State or Territory, except that he shall not distribute to any such county or parish in excess of two times the amount which would be distributed to such county or parish were the entire amount available to the State or Territory distributed among the several counties or parishes in such State or Territory on the basis of farm population and the prevalence of tenancy, or an amount sufficient to make not more than five loans in any one State or Territory, whichever amount is the larger; and the Reconstruction Finance Corporation is hereby authorized and directed to lend such sum to the Secretary upon the security of any obligations of borrowers from the Secretary under the provisions of title I of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U.S.C. 1000-1006): Provided, That the amount loaned by the Reconstruction Finance Corporation shall not exceed 85 per centum of the principal amount outstanding of the obligations constituting the security therefor: Provided further, That the Secretary may utilize proceeds from payments of principal


4
and interest on any loans made under such title I to repay the Reconstruction Finance Corporation the amount borrowed therefrom under the authority of this paragraph: Provided further, That the amount of notes, bonds, debentures, and other such obligations which the Reconstruction Finance Corporation is authorized and empowered to issue and to have outstanding at any one time under existing law is hereby increased by an amount sufficient to carry out the provisions hereof.

LIQUIDATION AND MANAGEMENT OF RESETTLEMENT PROJECTS

To enable the Secretary to carry out the provisions of section 43 of title IV of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 U.S.C. 1014-1029), including the employment of persons and means, in the District of Columbia and elsewhere, exclusive of printing and binding, as authorized by said Act, $421,039.

WATER FACILITIES, ARID AND SEMIARID AREAS

To enable the Secretary of Agriculture to carry into effect the provisions of the Act entitled "An Act to promote conservation in the arid and semiarid areas of the United States by aiding in the development of facilities for water storage and utilization, and for other purposes", approved August 28, 1937, as amended (16 U.S.C. 590r-590x, 590z-5), including the purchase, exchange, operation, and maintenance of passenger-carrying vehicles, $1,000,000, of which not to exceed $11,000 may be expended for personal services in the District of Columbia.


1

PUBLIC LAW 45 - 78th CONGRESS

Chapter 82 - 1st Session
(H. J. Res. 96)
JOINT RESOLUTION

Making an appropriation to assist in providing a supply and distribution of farm labor for the calendar year 1943.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $26,100,000, to remain available until December 31, 1943, for assisting in providing an adequate supply of workers for the production and harvesting of agricultural commodities essential to the prosecution of the war, as follows.

Payments to States

Sec. 2 (a) For the purpose of assisting in providing an adequate supply of workers for the production and harvesting of agricultural commodities within the several States, the Administrator shall apportion among the several States, on the basis of need, not less than $9,000,000 and not more than $13,050,000 of the sum appropriated by section 1 and the sums so apportioned shall be available for payment to such States for expenditure by the agricultural extension services of the land-grant colleges in such States in accordance with such agreements as may be entered into by the Administrator and such extension services and subject to the supervision of the Administrator. The purposes for which such funds may be expended by such extension services shall include, among other things, (1) the recruiting, placement (including the placement of workers as tenants or sharecroppers), and training of such workers; (2) transportation, supervision, subsistence, protection, health and medical and burial services, and shelter for such workers and their families and necessary personal property; (3) lease, repair, alteration, and operation of labor supply centers and other necessary facilities and services, including former Civilian Conservation Corps camps; (4) advancing to workers of sums due from employers within the United States who are under contractual obligation to reimburse such extension services for such advances; (5) employment of personnel and other administrative expenses; and (6) payment to or reimbursement of other public or private agencies or individuals for furnishing services or facilities for such purposes. Such extension services may enter into agreements with other public and private agencies and individuals and utilize the facilities and services of such agencies and individuals in carrying out the purposes of this section.

(b) The Administrator shall certify to the Secretary of the Treasury, from time to time, the amounts to be paid to each State under this section and the time or times such amounts are to be paid; and the Secretary of the Treasury shall pay to the State, at the time or times fixed by the Administrator, the amounts so certified.

Expenditure of Other Funds

Sec. 3 (a) Not more than $13,050,000 of the funds appropriated by section 1 and not apportioned by the Administrator among the several States pursuant to section 2 shall be available for expenditure by the Administrator. The purposes for which such funds may be expended shall include, among other things, (1) the recruiting and transportation of workers and their families and necessary personal property, within the United States and elsewhere; (2) furnishing, by loans or otherwise, of health and medical and burial services, training, subsistence, allowances, protection, and shelter for such workers and their families; (3) advancing to workers of sums due


2
from employers within the United States who are under contractual obligation to reimburse the United States for such advances; (4) lease, repair, alteration and operation of labor supply centers and other necessary facilities and services; and (5) operating personnel and expenses to carry out the above purposes.

(b) Not more than 2 per centum of the funds appropriated by section 1 here of shall be available for administrative expenses of the Administrator, including (1) the employment of persons and organizations, by contract or otherwise, at the seat of government and elsewhere; (2) purchase, exchange, operation, and maintenance of passenger-carrying vehicles; (3) printing and binding; (4) travel expenses of persons employed in administrative, supervisory, or facilitating capacities within a foreign country or from a foreign country to the United States and return, including such expenses to first-duty stations; and (5) payment to or reimbursement of other agencies or individuals for administrative expenses incurred by them.

(c) For the purpose of this joint resolution, the Administrator is authorized -

(1) to utilize the facilities, services, and personnel of units and agencies within the Department of Agriculture; to enter into agreements with other public or private agencies or individuals; to utilize (pursuant to such agreements) the facilities and services of such agencies and individuals and to delegate to them functions under this joint resolution; and to allocate or transfer funds to (in addition to the transfers authorized by the Department of Agriculture Appropriation Acts for the fiscal years 1943 and 1944), or otherwise to pay or reimburse such units, agencies, and individuals for expenses in connection therewith;

(2) to accept and utilize voluntary and uncompensated services; and

(3) to cooperate with the Secretary of State in the negotiation or renegotiation of agreements with foreign governments relating to the importation of workers into the United States.

Limitations

Sec. 4 (a) No part of the funds herein appropriated shall be expended for the transportation of any worker from the county where he resides or is working to a place of employment outside of such county without the prior consent in writing of the county extension agent of such county, if such worker has resided in such county for a period of one year or more immediately prior thereto and has been engaged in agricultural labor as his principal occupation during such period.

(b) No part of the funds herein appropriated, or heretofore appropriated or made available to any department or agency of the Government for the recruiting, transportation, or placement of agricultural workers, shall be used directly or indirectly to fix, regulate, or impose minimum wages or housing standards, to regulate hours of work, or to impose or enforce collective-bargaining requirements or union membership, with respect to any agricultural labor, except with respect to workers imported into the United States from a foreign country and then only to the extent required to comply with agreements with the government of such foreign country: Provided, That nothing herein contained shall prevent the expenditure of such funds in connection with the negotiation of agreements with employers of agricultural workers which may provide that prevailing wage rates shall be paid for particular crops and areas involved and that shelter shall be provided for such workers.


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Miscellaneous Provisions

Sec. 5. (a) Funds appropriated by this joint resolution may be expended without regard to section 3709 of the Revised Statutes.

(b) Any payments made by the United States or other public or private agencies or employers to aliens brought into the United States under this joint resolution shall not be subject to deduction or withholding under section 143 (b) of the Internal Revenue Code.

(c) For the purpose of this joint resolution -

  • (1) the term "State" includes Alaska, Hawaii, and Puerto Rico;
  • (2) the term "worker" includes nationals of the United States and aliens;
  • (3) the term "agricultural labor" includes any services or activities

included within the provisions of section 3 (f) of the Fair Labor Standards Act of 1938 or section 1426 (h) of the Internal Revenue Code.

(d) Effective July 1, 1943, notwithstanding section 3 of the Act of June 29, 1936 (U. S. C., title 40, sec. 433), receipts derived for the account of the United States from the use and occupancy of agricultural labor supply centers, including camps and facilities heretofore used by or under the control of the Farm Security Administration, shall be deposited in the Treasury as miscellaneous receipts.

(e) The former Civilian Conservation Corps camps shall be transferred without charge to the Administrator, to the extent that he deems necessary to carry out the purposes of this joint resolution: Provided, That no such camp which is being utilized by any other agency of the Government, or which has been transferred to any State, county, municipality, or nonprofit organization, shall be transferred to the Administrator under this subsection without the consent of such agency, State, county, municipality, or organization.

(f) Notwithstanding provisions of title I of the Social Security Act, as amended (relating to grants to States for old-age assistance), and of appropriations for payments thereunder, in any case in which any State pays old-age assistance to any individual at a rate not in excess of the rate of old-age assistance paid to such individual during the month of April 1943, any failure to take into consideration any income and resources of such individual arising from agricultural labor performed by him as an employee, or from labor otherwise performed by him in connection with the raising or harvesting of agricultural commodities, after the date of enactment of this joint resolution and prior to the seventh calendar month occurring after the termination of hostilities in the present war, as proclaimed by the President, shall not be a basis of excluding payments made to such individual in computing payments made to States under section 3 of such title, of refusing to approve a State plan under section 2 of such title, or of withholding certification pursuant to section 4 o such title.

(g) In order to facilitate the employment by agricultural employers in the United States of native-born residents of North America, South America, and Central America, and the islands adjacent thereto, desiring to perform agricultural labor in the United States, during continuation of hostilities in the present war, any such resident desiring to enter the United States for that purpose shall be exempt from the payment of head tax required by Section 2 of the Immigration Act of February 5, 1917, and from other admission charges, and shall be exempt from those excluding provisions of Section 3 of such Act which relate to contract laborers, the requirements of literacy, and the payment of passage by corporations, foreign government, or others; and any such resident shall be admitted to perform agricultural labor in the United States for such time and under such conditions (but not including the exaction of bond to insure ultimate departure from the United States) as may be required by regulations prescribed by the Commissioner of Immigration and Naturalization with the approval of the Attorney General; and in


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the event such regulations require documentary evidence of the country of birth of any such resident which he is unable to furnish, such requirement may be waived by the admitting officer of the United States at the point where such resident seeks entry into the United States if such official has other proof satisfactory to him that such resident is a native of the country claimed as his birthplace. Each such resident shall be provided with an identification cared (with his photograph and fingerprints) to be prescribed under such regulations which shall be in lieu of all other documentary requirements, including the registration at time of entry or after entry required by the Alien Registration Act of 1940. Any such resident admitted under the foregoing provisions who fails to maintain the status for which he was admitted or to depart from the United States in accordance with the terms of his admission shall be taken into custody under a warrant issued by the Attorney General at any time after entry and deported in accordance with Section 20 of the Immigration Act of February 5, 1916. Sections 5 and 6 of such Act shall not apply to the importation of aliens under this joint resolution. No provisions of this joint resolution shall authorize the admission into the United States of any enemy alien.

Approved April 29, 1943.


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OFFICE OF LABOR MEMORANDUM NO. 11, SUPPLEMENT NO. 1

COPY

WAR FOOD ADMINISTRATION
Office of Labor
Washington 25, D. C.

February 24, 1944Subject: Policy with Respect to Use of Transported Agricultural Workers in Food Processing

Public Law 229, 78th Congress, 2nd Session, provides in Title I, Sec. 5 (h), "When authorized by the Administrator, workers under the program may be used in the packing, canning, freezing, drying or other processing of perishable or seasonable agricultural products." The use of transported agricultural workers in food processing will be authorized by the Director of Labor only for temporary periods and then only under the following conditions:

  • (1) That the workers are already in the area where the need exists, and
  • (2) That the State Extension Service has certified that the workers are not needed at the time in agriculture in the area, and
  • (3) That the War Manpower Commission has certified that such workers are needed to save substantial quantities of war-essential food which will be lost if such workers are not made available.

Processors employing, pursuant to Sec. 5 (h), agricultural workers transported by the War Food Administration, will be required to assume such responsibilities with respect to such workers as are required of agricultural employers.

It will be possible, under the conditions specified above, to make some workers available to processors of perishable or seasonable agricultural products on an emergency basis and thus help to save substantial quantities of war-essential foods that might otherwise be lost.

The War Manpower Commission retains the primary responsibility for recruitment and placement of workers for food processors.

Detailed regulations governing the use of transported agricultural workers in food processing are now being formulated and will be issued as soon as possible.

Wilson R. Buie
Lieutenant Colonel
Corps of Engineers
Acting Director of Labor


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REGION VI BULLETIN 20

WAR FOOD ADMINISTRATION OFFICE OF LABOR
San Francisco, 2, California

October 5, 1943SUBJECT: Services Included Within Definition of Agricultural Labor Contained in Public Law 45

The following is a verbatim copy of Office of Labor Memorandum No. 11, dated September 23, 1943:

For your information there is given below a discussion (prepared at our request by the Solicitor) of the scope and meaning of the term "agricultural labor" as defined in Public Law 45, 78th Congress, approved April 29, 1943.

"Agricultural labor" is defined in Public Law No. 45 (57 Stat. 70) [Section 5 (c) (3)] as follows:

"(3) the term `agricultural labor' includes any services or activities included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 or section 1426(h) of the Internal Revenue Code."

Section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 f) reads:

"`Agriculture' includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 15(g) of the Agricultural Marketing Act, as amended), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market."

Section 1426(h) of the Internal Revenue Code (26 U.S.C. 1426(h) ) reads:

"The term `agricultural labor' includes all services performed—(1) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife.


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"(2) In the employ of the owner or tenant, or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm.

"(3) In connection with the production or harvesting of maple sirup or maple sugar or any commodity defined as an agricultural commodity in section 15(g) of the Agricultural Marketing Act, as amended, or in connection with the raising or harvesting of mushrooms, or in connection with the hatching of poultry, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways used exclusively for supplying and storing water for farming purposes.

"(4) In handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. The provisions of this paragraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.

"As used in this subsection, the term `farm' includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. (Sec. 1426(h), I.R.C. as added by sec. 606, Social Security Act Amendments of 1939.)"

Section 15(g) of the Agricultural Marketing Act, as amended, reads:

"As used in this Act, the term `agricultural commodity' includes . . . crude gum (oleoresin) from a living tree, and the following products as processed by the original producer of the crude gum (oleoresin) from which derived: Gum spirits of turpentine and gum resin, as defined in the Naval Stores Act, approved March 3, 1923. (Sec. 15(g), Act of June 15, 1929, 46 Stat. 18, as added by sec. 3, Act of Mar. 4, 1931, 46 Stat. 1550, 12 U.S.C. 1141j(g).)"

Section 2(c) and (h) of the Naval Stores Act reads:

"(c) `Gum spirits of turpentine' means spirits of turpentine made from gum (oleoresin) from a living tree."


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"(h) `Gum rosin' means rosin remaining after the distillation of gum spirits of turpentine. (Sec. 2(c), (h), Act of Mar. 3, 1923, 42 Stat. 1435, 7 U.S.C. 92(c) (h).)"

In applying the definition of "agricultural labor" in Public Law No. 45 to activities of placement and recruitment pursuant to that law, consideration must be given to the general purposes for which the appropriation in Public Law No. 45 was made. This is found in section 1 of that law, which reads in part as follows:

"There is hereby appropriated, . . . to be expended . . . for assisting in providing an adequate supply of workers for the production and harvesting of agricultural commodities essential to the prosecution of the war, . . . " (Underlining added)

As above indicated, the basic definitions of agricultural labor incident to Public Law 45 are the definitions in section 1426 (h) of the Internal Revenue Code and section 3(f) of the Fair Labor Standards Act of 1938, which are incorporated in section 5(c) 3 of Public Law 45 by reference. Accordingly, in considering questions involving the meaning of the definitions as used in Public Law 45 it has been the practice to rely to a considerable extent upon the interpretations of the Bureau of Internal Revenue and of the Department of Labor. The applicable published rulings of these agencies appear in Bureau of Internal Revenue Regulations No. 106 and in Department of Labor Interpretative Bulletins Nos. 7 and 14.

So far most of the difficult questions of definition which have been presented to us under Public Law 45 involve the application of subsection (4) of section 1426(h) of the Internal Revenue Code which is restated below for convenient reference. This subsection provides that agricultural labor shall include services performed—

"(4) In handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. The provisions of this paragraph shall not be deemed to be applicable with respect to services performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption." (Underlining added)

The standard "incident to ordinary farming operations" is exceedingly vague. Frequently there are overlappings between the functions of harvesting agricultural commodities or preparing "fruits and vegetables for market" and certain of the functions in connection with "commercial canning or commercial freezing". In these circumstances it is unusually difficult to lay down all-comprehensive tests for settling the potential problems of definition that may arise. Most of the close questions of classification


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of labor involving the use of the standards here discussed can be answered properly only with due regard to the attendant facts.

It may be pointed out, however, that the test generally applied by the Bureau of Internal Revenue in determining whether a particular service is "performed as an incident to ordinary farming operations" is whether the services are of a character ordinarily performed by the employees of a farmer or of a farmers' cooperative organization or group as a prerequisite to the marketing, in its unmanufactured state, of any agricultural or horticultural commodity produced by the farmer or by the farmer-members of the farmers' organization or group. Such services, when performed by the employees of the farmer or such organization or group, with respect to commodities produced by persons other than the farmer or the members of the organization or group, generally are not regarded by the Bureau of Internal Revenue as an incident to ordinary farming operations. (See Bureau of Internal Revenue Regulation 106, p. 23, Sec. 402.208(1) Title 26, Code of Federal Regulations.) This distinction is based upon substantially the same language appearing in the House Report on the definition when it was being considered by the legislature. (H. Rep. 728, 76th Cong., 1939, p. 53).

With respect to services performed "as an incident to the preparation of . . . fruits or vegetables for market", the Bureau has held that, with the exceptions hereinafter noted, the services enumerated in subsection 4 of section 1426(h) are agricultural labor for the purposes of the definition when performed by any one. However, services performed in connection with commercial canning or commercial freezing, or in connection with such fruits and vegetables after delivery to a terminal market for distribution or consumption, may not be qualified as agricultural labor by this test. It should be noted that the expected services must be rendered in the actual handling, planting, drying, etc., and consequently, such services do not, for example, include services performed by stenographers, etc. even though such services may be in connection with such activities. See Bureau of Internal Revenue Reg. 106, p. 26; Sec. 402.208(1) Title 26, Code of Federal Regulations. As distinguished from requirements as to services which qualify as "an incident to ordinary farming operations," therefore, in case of the preparation of fruits and vegetables for market, the services can be performed by anyone and with respect to commodities which he did not produce. This constitutes an important distinction in the Internal Revenue Code definition insofar as labor relating to fruits and vegetables is concerned.

As applied to labor used in canning plants, for instance, the Department of Labor construes Section 3(f) of the Fair Labor Standards Act of 1938 as including some services which the Bureau of Internal Revenue would not regard as within the provisions of Section 1426(h). Under the phrase "any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market," which appears in section 3(f) of the Fair Labor Standards Act of 1938, the Department may consider some operations generally regarded as commercial, such as the operation of canning plants, to be agricultural labor when the plant is owned by the person who produced the commodity. Services on commodities


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not produced by the farmer are considered by the Department of Labor as not incident to or in conjunction with his farming operations. The Department of Labor has held that in order to classify such labor as agricultural the operations, which are of a character usually commercial, must be only a subordinate part of the farming operations and an operation of a type customarily conducted on that farm. This latter question may be determined by whether most of the employees engaged in the commercial operation are normally employed also in farming operations upon the farm, and whether operations other than farming occupy only a minor portion of the time of the farmer and his employees. Other tests applied by the Department of Labor in determining whether the so-called commercial operations are a subordinate part of the farming operations are the comparative investment in farm and canning plant, the interchangeability of farm labor with labor used in the plant, and the hours worked by the employees in the field and in the plant.

As pointed out in Op. Sol. 4709 of June 10, 1943, however, the definitions of agricultural labor in Public Law 45 are believed to be limited by the provisions of title 1 of that law to the effect, that expenditures may be made by the Administrator only to assist in providing "an adequate supply of workers for the production and harvesting of agricultural commodities essential to the prosecution of the war," which might not include the functions of commercial canning or freezing. Therefore, with respect to labor used in canning plants, undoubtedly the safest course is not to go beyond the scope of the definition in subsection (4) of section 1426(h) of the Internal Revenue Code which does not provide for the classification of services performed in connection with commercial canning or freezing as agricultural labor.

To assist in further clarifying the application of the tests incident to the definitions under discussion, we are setting forth below certain of the questions which have been presented in the operation of the farm labor supply program and the answers which have been given.

Question: Is labor performed in operating a "pea-viner" agricultural labor within the meaning of Public Law 45?

Answer: It is agricultural labor (1) if the service is performed as an incident to preparing peas for market even if the market is a commercial cannery or freezing plant, or (2) if the service is performed as an incident to ordinary farming operations, and provided that the services are performed before the commodity has been delivered to a terminal market for distribution for consumption and not in connection with commercial canning and freezing. However, as indicated below, the mere fact that the peas are to be sold to a commercial cannery does not necessarily require that services performed prior to such sale and delivery must be regarded as "in connection with commercial canning or commercial freezing."

The word "market", which appears in the Internal Revenue Code in connection with the phrase "Preparation . . . for market" has not been defined, but it appears that any


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market was intended. A commercial cannery or freezing plant could be regarded as a market for the purposes of definition. Therefore, if the pea vining operation took place after the peas had been sold and delivered (either actually or constructively) to a commercial cannery or freezing plant by the farmer, such services would be performed after delivery to market. Such services in that case would, in effect, be in connection with commercial canning or freezing.

Question: Is labor performed on a forestry project in felling, cutting, and trimming timber for coal mines such "agricultural labor?"

Answer: No, since these services are not to be performed on a farm as an incident to or in conjunction with farming operations.

Question: Is labor performed on potato docks in receiving from farmers' trucks, sorting, washing and loading into railroad cars for shipment such "agricultural labor?"

Answer: Yes, if performed before delivery to a terminal market for distribution for consumption and if performed as an incident to preparation of the potatoes for market assuming they are not performed in connection with commercial canning or freezing.

Question: "A" is a fruit grower through whose orchards the railroad line is extended. He has his own siding and packing and loading platform which is on land leased by him from the railroad. The peaches which he grows in his own orchards are boxed by his own hired labor in his own packing shed and by the same labor loaded into refrigerator cars on the siding. In this case the persons who load the peaches on the cars may be the same people who picked and boxed the peaches, or may do nothing else but load peaches, but they are all hired and paid by the grower himself. In your opinion is there any labor involved in this transaction which is not agricultural labor?

Answer: No.

Question: "A" is a grower who sorts and packs the fruit in baskets on his own premises and delivers the packed baskets directly to the refrigerator cars. In this operation the grower, or his hired help, transfer the packed baskets from the truck into the refrigerator car, where they are arranged in the car by employees of the grower's sales agent. In your opinion is there any labor involved in this transaction, including the arranging of the baskets in the refrigerator car, which is not agricultural labor?

Answer: No, if performed before delivery to a terminal market for distribution for consumption and if performed as an incident


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to preparation of the fruit for market assuming they are not performed in connection with commercial canning or freezing.

Question: In this case "A" is a grower who grades and packs the fruit in boxes on his own promises and delivers the packed boxes to the loading platform of his sales agent. There the boxes are received by employees of the grower's sales agent, which may be a farmers cooperative association of which he is a member, or a private shipping organization, and by these employees arranged in stacks according to size and grade, and by them loaded into refrigerator cars. In your opinion is there any labor involved in this transaction, particularly including these employees of the grower's sales agent who perform the receiving and loading services, which is not agricultural labor?

Answer: Upon the assumption that all of the labor is performed in preparation of the fruit for market, all of the labor may be classified as agricultural. If, however, the arrangement in the cars is entirely for the convenience of the sales agent for some purpose not necessarily incident to preparation for market, such as convenience in computing his commissions, or if the loading platform is in fact "a terminal market for distribution for consumption", some of the services in particularly arranging the fruit in the cars, probably would not be agricultural labor.

Question: Are employees working in agricultural commodity packing houses "agricultural labor?"

Answer: (1) Such services are agricultural labor if performed on such commodities "as an incident to ordinary farming operations" by an employee of a farmer or a farmers' cooperative organization or group in the actual handling, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market of such commodities if produced by such farmer or members of such farmers organization or group. The same services performed by employees of a farmer or farmers organization or group for persons other than such farmer or members of such farmers organizations or group are not performed "as an incident to ordinary farming operations."

(2) Services are "agricultural labor" if performed on fruits and vegetables by any person in the actual handling, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, provided such services are performed as an incident to the preparation of such fruits and vegetables for market. For example, if services in the sorting, grading, or storing of fruits, or in the cleaning of beans, are performed as an incident to their preparation to market, such services are agricultural labor whether performed in the employ of a


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farmer, a farmers' cooperative, or a commercial handler of such commodities.

(3) But note this important exception. The services described in the answer to this question should not be considered as agricultural labor for the purposes of Public Law 45 if performed in connection with commercial canning or freezing or in connection with any commodity after its delivery to a terminal market for distribution for consumption.


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INDIVIDUAL WORK AGREEMENT

Nombre (name) _________________________ Número de Contrato (Contract Number) _________________________

Domicilio (address) _________________________

Edad (age) _________________________ Estado Civil (married or single) _________________________

Dependientes Económicos (economic dependents) _________________________

Familiares Acompañantes (nombres y domicilios) _________________________

Accompanying Family Members (names and addresses) _________________________

Entered into between the Government of the United States of America acting by and through the Farm Security Administration, hereinafter referred to as the "Patron", and a Mexican laborer hereinafter referred to as the "Worker".

DECLARATIONS

  • 1. The Government of the United States and the Worker mutually desire that the Worker be beneficially employed in the United States of America with a view to alleviate the present shortage of agricultural workers in that country and to cooperate in the successful prosecution of the war.
  • 2. The Worker declares that he is a Mexican national by birth.
  • 3. The Farm Security Administration is represented in the execution of this contract, by Mr. who has established his authority to the satisfaction of the Mexican authorities.
  • 4. The Worker satisfies the physical requirements for fulfilling this agreement, as evidenced by the attached certificate issued by the duly authorized officers of the Department of Health of Mexico and the United States Public Health Service. The Patron admits that such requirements have been met to its satisfaction, in view of which it agrees that this agreement may not be terminated due to the physical condition of the Worker or to any change in such condition that may occur during the period of employment; but the Patron may terminate the agreement immediately upon finding that the Worker is suffering from a heart, mental or venereal disease or has a chronic condition not contracted during or as a result of his employment in the United States, or if he has a contagious disease discovered while traveling from the point of origin to his destination in the United States.
  • 5. The Patron agrees to enter into agreements with the proprietor or administrator (hereinafter referred to as the Employer) of the farm or farms in the United States of America, upon which the Worker will work, under terms guaranteeing him proper compliance with the terms of this agreement, it being understood that the Patron will be responsible to the Worker and to the Mexican Government for such compliance.

THIS WORK AGREEMENT IS SUBJECT TO THE FOLLOWING PROVISIONS:

  • 1. The Worker will be employed exclusively in agricultural work; any change from such type of employment, or any change of locality, shall be made with the express approval of the worker and authority of the Mexican Government.
  • 2. The Worker will receive the same wages as those paid to other workers in the area of employment for similar work under the same conditions. Rates for piece work will be so determined that a worker of average ability will earn the prevailing wage established in the area of employment. Said wages will in no event be less than $0.30 (American currency) per hour. The computation of wages, according to the custom in the United States, covers any payment which may be due for the seventh day, as required by the Federal Labor Law of Mexico.
  • 3. The Patron agrees that its representatives or agents will inform the Worker at the beginning of his work and as frequently thereafter as may be necessary, using the Spanish language in an adequate manner, concerning the wage rates to which he is entitled, and the housing conditions, medical attention and other facilities to which he is entitled by virtue of the provisions of this agreement.
  • 4. No deductions will be made from the wages of the Worker for commissions, fees or any other purpose (except as required by law) which will have the effect of reducing his wages below that provided for by Paragraph 2.
  • 5. The Worker agrees that ten per cent (10%) of his wages may be deducted and authorizes the Patron to receive such amount from the Employer and to place it on deposit, to be refunded to him on his return to his place of origin, or as soon as practicable, in the form of credits to his account in the Agricultural Credit Bank of Mexico.
  • 6. The Worker accepts transportation, food, lodging, subsistence and work under the terms of this agreement and will execute all documents, receipts or instruments which the Patron may require in connection with this agreement.
  • 7. The Patron will furnish to the worker and to the members of his family named at the beginning of this agreement, sanitary facilities and medical care identical to those enjoyed by other agricultural workers in the same area of employment.
  • 8. The Patron, at its expense, will transport or arrange for the transportation of the Worker and the members of his family named at the beginning of this agreement and not in excess of 35 kilos (77 pounds) of personal effects for each member of the family which shall not include household goods) from Mexico, to the point or points of destination within the United States where the Patron has determined the work will be performed, and return to point of origin.
  • 9. The Patron will furnish to the Worker and to the members of his family accompanying him all necessary food, medical care and subsistence needs during periods of travel.
  • 10. The Patron will make all arrangements necessary under the laws for the entry and exit of the Worker and members of his family accompanying him, to and from the United States.
  • 11. The Worker shall work from the day following his arrival at the point of destination in the United States until
  • 12. The Worker will perform all work required of him with proper application, care and diligence during the term of this agreement under the direction and supervision of the employers but he will not be required to work on Sundays.
  • 13. This agreement may be renewed upon its termination upon the express consent of the Worker and with the knowledge of the Mexican Government.
  • 14. In the event the Patron should desire to utilize the services of a member of the family of the Worker, he may do so only with the full consent of the Worker and of the person whose services are desired, by the execution of a similar agreement in the presence of the Regional Director of the Farm Security Administration or his representative and with the previous consent of the appropriate Mexican Consul.
  • 15. Any member of the family under 14 years of age shall have the right to the same schooling as that received by children of other agricultural laborers in the area of employment in which the Worker may be working at any given time.
  • 16. The Worker shall not be required to purchase articles or services for consumption or use by him or his family in any establishment not of his own choice.
  • 17. The Worker will not be subject to discrimination in employment because of race, creed, color or nationality, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.
  • 18. The Mexican workers will be furnished without cost to them with hygienic lodgings, adequate to the physical conditions of the region of a type used by a common laborer of the region and the medical and sanitary services enjoyed, also without cost to them, will be identical with those furnished to the other agricultural workers in the regions where they may lend their services.
  • 19. The Worker shall enjoy, as regards occupational diseases and accidents, the same guarantees enjoyed by other agricultural workers under the laws of the United States of America.
  • 20. The Worker designates as his economic dependents those persons whose names and addresses are set forth in the block at the beginning of this contract, whom he designates as the beneficiaries of the sums and indemnities to which he would be entitled under the Law and this agreement.
  • 21. For such time as they are unemployed under a period equal to 75% of the period (exclusive of Sundays) for which the workers have been contracted they shall receive a subsistence allowance at the rate of $3.00 per day. For the remaining 25% of the period for which the workers have been contracted during which the workers may be unemployed, where such unemployment is not due to their unwillingness to work, they shall receive lodging and subsistence, without cost to them. For the purpose of this paragraph, a day upon which the Worker works less than eight hours will not be considered a workday, and the hours worked on such days may be totalled, to determine the period of unemployment, in accordance with the procedure followed for other agricultural workers.
  • 22. In the event there should be an increase in the cost of living in the United States, the terms of the preceding paragraph will be subject to reconsideration, in accordance with the understanding between the Governments of Mexico and the United States.
  • 23. The Worker shall have the right to join with other Mexican laborers admitted under the understanding between the Governments of Mexico and the United States in the election of spokesmen to negotiate with the Patron or employers, such spokesmen to be members of the group electing them.
  • 24. All disputes between the Worker and his employer or employers shall be resolved through mediation, according to procedures established by the Government of the United States for agricultural workers.
  • 25. The Worker represents and warrants that he knows of no reason which would prevent him or his family from leaving or returning to Mexico, or entering or leaving the United States, as contemplated by this agreement. If the Worker or a member of his family shall not be permitted to leave Mexico or enter the United States, the Patron shall, at its expense, return the Worker and his family to their place of origin in Mexico. If after entrance into the United States the Worker or any member of his family becomes subject to deportation or removal therefrom under the Immigration or other laws of that country, or if the Farm Security Administration decides, after hearing the defense of the Worker, that the latter is unable or unwilling to work in accordance with the provisions of this agreement, or if the Worker or any member of his family violates any law of the United States, this agreement may forthwith and without notice be terminated by the Patron. Upon the termination of this agreement or upon the expiration of the period of employment provided for in paragraph 11, the Worker and his family shall immediately return to their place of origin in Mexico, at the expense of the Patron. If the Worker or any member of his family refuses so to return, the Patron may cause the Worker and his family to be removed to their place of origin.
  • 26. All rights, privileges and powers conferred by this agreement upon the Government of the United States shall be exercised by the Administrator of the Farm Security Administration of the War Food Administration of the United States or by its duly authorized representative. Executed at Mexico, D. F., this _________________________ day of _________________________ 194____

_________________________
El Trabajador—Worker
Approved By:
Aprobado Por: _________________________

CONTRATO INDIVIDUAL DE TRABAJO

Nombre (name) _________________________ Número de Contrato (Contract Number) _________________________

Domicilio (address) _________________________

Edad (age) _________________________ Estado Civil (married or single) _________________________

Dependientes Económicos (economic dependents) _________________________

Familiares Acompañantes (nombres y domicilios) _________________________

Accompanying Family Members (names and addresses) _________________________

que celebran el Gobierno de los Estados Unidos de América por conducto de la "Farm Security Administration" y que en el cuerpo del mismo se denominará "El Patrón", y el trabajador Mexicano a quien en el cuerpo del mismo se denominará "El Trabajador".

DECLARACIONES

  • 1a El Gobierno de los Estados Unidos y el Trabajador mutuamente desean que el trabajador se emplee ventajosamente en los Estados Unidos de América con el objeto de resolver la presente escasez de trabajadores agrícolas en ese país y para coadyuvar en el éxito de la guerra.
  • 2a El trabajador declara ser de nacionalidad mexicana por nacimiento, quedando señaladas sus generales en cuadro especial al principio de este contrato.
  • 3a La Farm Security Administration está representada, en la celebración de este contrato, por el señor quien acredita su personalidad a satisfacción de las autoridades mexicanas.
  • 4a El Trabajador reune las condiciones físicas necesarias para el cumplimiento del presente contrato, según la constancia expedida por los funcionarios debidamente autorizados de los Departamentos de Salubridad de México y de los Estados Unidos, que se anexa. El patrón reconoce a su satisfacción que se ha cumplido con tal requisito por lo cual acepta que el contrato no puede terminarse en atención a las condiciones físicas del trabajador o debido a cualesquiera cambios que pudieran presentarse en ellas durante el período de empleo; pero el Patrón puede dar por terminado el contrato en el momento en que se descubra que el Trabajador está enfermo del corazón, enajenación mental, padecimientos venéreos o crónicos que no fueron adquiridos durante, o como resultado de su trabajo en los Estados Unidos, o que padece alguna enfermedad contagiosa que se descubra en el trayecto entre el lugar de origen y el punto de destino en los Estados Unidos.
  • 5a El Patrón se obliga a celebrar contratos con el propietario o administrador (a quien se denominará el Sub-Empleador) de la finca o fincas de los Estados Unidos de América, en las que prestará sus servicios el Trabajador, en los términos que garanticen para éste, la debida observancia de las cláusulas del presente contrato; entendiéndose que el Patrón será responsable, ante el trabajador y ante el Gobierno Mexicano, de tal cumplimiento.

EL PRESENTE CONTRATO DE TRABAJO SE SUJETARA A LAS SIGUIENTES CLAUSULAS:

  • 1a El trabajador prestará sus servicios exclusivamente en labores agrícolas. No podrá hacerse ningún cambio a otras labores o cambiar de localidad al trabajador sin el expreso consentimiento de éste y la autorización del Gobierno Mexicano.
  • 2a El Trabajador devengará salario igual al que se paga a los demás trabajadores, en la región respectiva por trabajos similares en las mismas condiciones. Los salarios por trabajos a destajo se arreglarán en forma tal que el Trabajador de habilidad común disfrute del salario establecido en la región. En ningún caso dicho salario será inferior a 0.30 de dólar por hora. El señalamiento de salarios según la costumbre de los Estados Unidos incluye el pago del séptimo día, establecido por la Ley Federal del Trabajo de México.
  • 3a El patrón se obliga a que sus representantes o agentes harán del conocimiento del Trabajador, al iniciar éste la prestación de sus servicios y cuantas veces sea necesario, empleando el idioma castellano y en forma eficaz, cuál es el salario que le corresponde y cuáles son las condiciones de habitación, asistencia médica y demás facilidades a que tiene derecho por virtud de los términos del presente contrato.
  • 4a No se harán descuentos del salario del Trabajador por comisiones, cuotas o por cualquiera otra razón, (excepto los requeridos por la ley) que tiendan a reducir los ingresos del mismo a cantidad inferior a la mencionada en la cláusula segunda.
  • 5a El Trabajador manifiesta su conformidad para que le sea descontado de su salario el DIEZ POR CIENTO, y autoriza al Patrón para recibirlo del Sub-Empleador y conservarlo en calidad de depósito para serle reintegrado a su regreso al punto de origen, o tan pronto como sea practicable, en forma de créditos a su cuenta en el Banco de Crédito Agrícola de México.
  • 6a El Trabajador acepta el transporte, alimentos, alojamiento, medios de subsistencia y trabajo en los términos del presente contrato y formalizará todos los arreglos, recibos e instrumentos que para el cumplimiento de este contrato pudiera necesitar el Patrón.
  • 7a El Patrón proporcionará al Trabajador y a los familiares de éste que se señalen en el principio del presente contrato, servicios sanitaries y atención médica, todo ello en idénticas condiciones a las que disfruten los demás trabajadores agrícolas en la región de trabajo respectiva.
  • 8a El Patrón a su costa, transportará o gestionará el transporte del Trabajador y de los miembros de su familia mencionados en el cuadro inserto arriba de este contrato y hasta 35 kilos (77 libras) de objetos de uso personal para cada uno de ellos, (los que no incluirán menaje de casa) desde México, hasta el lugar o lugares de los Estados Unidos en que, según determinación del Patrón, se desempeñará el trabajo, y regreso al punto de origen.
  • 9a El Patrón proporcionará al Trabajador y sus familiares que lo acompañan el alimento, atención médica y todos los medios de subsistencia necesarios durante el trayecto.

  • 2
  • 10a El Patrón hará todos los arreglos necesarios conforme a las leyes para la entrada y salida del Trabajador y de sus familiares que lo acompañan, al territorio de los Estados Unidos.
  • 11a El Trabajador iniciará la prestación de sus servicios desde el día siguiente de su llegada al punto de destino en los Estados Unidos hasta
  • 12a El Trabajador desempeñará el trabajo que se le requiera con la intensidad, cuidado y esmero apropiados, durante el período del contrato bajo la dirección y supervisión del Sub-Empleador y no se le obligará a trabajar los domingos.
  • 13a El presente contrato puede ser renovado a su vencimiento, mediante la voluntad expresa del trabajador y con conocimiento del Gobierno Mexicano.
  • 14a En el caso de que el Patrón pretendiera utilizar los servicios de algunos de los familiares del Trabajador, sólo podrá hacerlo mediante el consentimiento expreso de éste y de la persena cuyos servicios sean solicitados, celebrando el contrato respectivo ante el Director Regional de la Farm Security Administration o su representante y previa autorización del Cónsul de México que corresponda.
  • 15a Cualquier miembro de la familia menor de 14 años de edad tendrá derecho a recibir la misma instrucción escolar que se imparte a los niños de otros trabajadores agrícolas en la región en que el trabajador esté trabajando, en cualquier tiempo dado.
  • 16a El Trabajador no estará obligado a comprar artículos o servicios para su consumo o uso, o el de su familia en ningún establecimiento que no sea de su agrado.
  • 17a El Trabajador no será objeto de discriminación en el trabajo a causa de raza, credo, color o nacionalidad, de acuerdo con las estipulaciones de la Orden Ejecutiva Na 8802 del Presidente de los Estados Unidos, fechada el 25 de junio de 1941.
  • 18a Los trabajadores mexicanos recibirán habitaciones higiénicas, adecuadas a las condiciones físicas de la región, del tipo de las que usa un trabajador común en la misma; y los servicios sanitarios y la atención médica de que disfrutarán, serán idénticos a los que reciban los demás trabajadores agrícolas en las regiones en que presten sus servicios. Todo esto sin costo para ellos.
  • 19a El Trabajador gozará, por lo que hace a enfermedades profesionales y accidentes de trabajo, de las mismas garantías que disfrutan los demás trabajadores agrícolas, de acuerdo con la legislación de los Estados Unidos de América.
  • 20a El Trabajador señala como sus dependientes económicos a las personas cuyos nombres y domicilios figuran en cuadro especial al principio de este contrato, a quienes designa como beneficiarios de las indemnizaciones que a aquél le correspondieran por cualesquier conceptos emanados de la Ley y de este contrato.
  • 21a Hasta el 75% del tiempo por el cual hayan sido contratados, exceptuando los domingos, los trabajadores mexicanos recibirán, de parte del empleador, a título de subsistencia, la cantidad de Dls. 3.00 diarios por el período que estén desocupados. Por el 25% restante del tiempo del contrato y durante el cual los trabajadores permanezcan sin trabajo y siempre que esto no se deba a su falta de voluntad, recibirán alojamiento y alimentos sin ningún costo para ellos. Para los efectos de esta cláusula, se considerará como día no trabajado aquel en que el Trabajador labore menos de ocho horas, y las horas trabajadas se computarán, para calcular el período de desempleo, de acuerdo con el procedimiento seguido para los demás trabajadores agrícolas.
  • 22a En caso de que haya aumento del costo de la vida en los Estados Unidos, lo pactado en la cláusula anterior será motivo de reconsideración, de acuerdo con el convenio celebrado entre los Gobiernos de México y los Estados Unidos.
  • 23a El Trabajador tendrá derecho a asociarse con otros trabajadores mexicanos admitidos de conformidad con el acuerdo celebrado entre los Gobiernos de México y los Estados Unidos, para elegir a sus representantes que traten con el Patrón o los sub-empleadores, debiendo ser dichos representantes miembros del grupo que los designa.
  • 24a Todas las disputas entre el Trabajador y subempleador o subempleadores serán resueltas por mediación, según el procedimiento establecido por el Gobierno de los Estados Unidos para los demás trabajadores agrícolas.
  • 25a El Trabajador manifiesta y asegura no tener conocimientos de motivo alguno que pueda impedirle a él o a su familia salir de o regresar a México, o internarse en o salir de los Estados Unidos con arreglo al presente convenio. Si al Trabajador o algún miembro de su familia se le niega la salida de México o la entrada en los Estados Unidos, el Patrón procurará que el trabajador y su familia retornen a su lugar de procedencia en México, a expensas de aquél. Si después de internarse en los Estados Unidos el Trabajador o cualquier miembro de su familia se expone a la deportación o remoción de aquel país, con arreglo a la Ley de Inmigración, o demás leyes, o si la Farm Security Administration resuelve después de haber oído la defensa del Trabajador, que éste está incapacitado para o se niega a trabajar conforme a los requisitos del presente convenio, o si el Trabajador o cualquier miembro de su familia infringe cualquiera ley de los Estados Unidos, el presente convenio puede inmediatamente y sin previo aviso darse por terminado por parte del Patrón. Al terminar el convenio o al expirar el período de empleo especificado en la cláusula 11a, el Trabajador y su familia retornarán en el acto a su lugar de procedencia en México, a costa del Patrón. Cuando el Trabajador o cualquiera miembro de su familia se niegue a retornar en estas condiciones, el Gobierno de los Estados Unidos puede remover al Trabajador y a su familia al referido lugar de procedencia.
  • 26a Todos los derechos, privilegios y facultades conferidos por el presente convenio al Gobierno de los Estados Unidos serán ejercitados por el Administrador de la Farm Security Administration, del War Food Administration de los Estados Unidos, o por su representante debidamente autorizado.

México, D. F., a _________________________ de _________________________ de 194___

United States of America
LOS ESTADOS UNIDOS DE AMERICA
Farm Security Administration

_________________________
Titulo oficial. — Official Title.
Approved By:
Aprobado Por: _________________________


1

INDIVIDUAL WORK AGREEMENT

Nombre—Name_________________________

entered into between the Government of the United States of America acting by and through the Farm Security Administration of the Department of Agriculture, hereinafter referred to as the "Patron", and_________________________ a Mexican laborer hereinafter referred to as the "Worker".

DECLARATIONS

  • 1. The Government of the United States and the Worker mutually desire that the Worker be beneficially employed in the United States of America with a view to alleviate the present shortage of agricultural workers in that country and to cooperate in the successful prosecution of the war.
  • 2. The Worker declares that he is a Mexican national by birth, domiciled at _________________________, ____ years of age, _________________________ (married or single).
  • 3. The Farm Security Administration of the Department of Agriculture of the United States of America is represented in the execution of this contract, by Mr. _________________________, _________________________ who has established his authority to the satisfaction of the Mexican authorities.
  • 4. The Worker satisfies the physical requirements for fulfilling this agreement, as evidenced by the attached certificate issued by the duly authorized officers of the Department of Health of Mexico and the United States Public Health Service. The Patron admits that such requirements have been met to its satisfaction, in view of which it agrees that this agreement may not be terminated due to the physical condition of the Worker or to any change in such condition that may occur during the period of employment; but the Patron may terminate the agreement immediately upon finding that the Worker is suffering from a heart, mental or venereal disease or has a chronic condition not contracted during or as a result of his employment in the United States, or if he has a contagious disease discovered while traveling from the point of origin to his destination in the United States.
  • 5. The Patron agrees to enter into agreements with the proprietor or administrator (hereinafter referred to as the Employer) of the farm or farms in the United States of America, upon which the Worker will work, under terms guaranteeing him proper compliance with the terms of this agreement, it being understood that the Patron will be responsible to the Worker and to the Mexican Government for such compliance.

THIS WORK AGREEMENT IS SUBJECT TO THE FOLLOWING PROVISIONS:

  • 1. The Worker will be employed exclusively in agricultural work.
  • 2. The Worker will receive the same wages as those paid to other workers in the area of employment for similar work. Said wages will in no event be less than $ 0.30 (American currency) per hour. The computation of wages, according to the custom in the United States, covers any payment which may be due for the seventh day, as required by the Federal Labor Law of Mexico. Rates for piece work will be so determined that a worker of average ability will earn the prevailing wage established in the area of employment.
  • 3. The Patron agrees that its representatives or agents will inform the Worker at the beginning of his work and as frequently thereafter as may be necessary, using the Spanish language in an adequate manner, concerning the wage rates to which he is entitled, and the housing conditions, medical attention and other facilities to which he is entitled by virtue of the provisions of this agreement.
  • 4. No deductions will be made from the wages of the Worker for commissions, fees or any other purpose (except as required by law) which will have the effect of reducing his wages below that provided for by Paragraph 2.
  • 5. The Worker agrees that ten per cent (10%) of his wages may be deducted and authorizes the Patron to receive such amount from the Employer and to place it on deposit, to be refunded to him on his return to his place of origin, or as soon as practicable, in the form of credits to his account in the Agricultural Credit Bank of Mexico.
  • 6. The Worker accepts transportation, food, lodging, subsistence and work under the terms of this agreement and will execute all documents, receipts or instruments which the Patron may require in connection with this agreement.
  • 7. The Patron will furnish to the worker and to the members of his family named on the reverse side of this agreement, sanitary facilities and medical care identical to those enjoyed by other agricultural workers in the same area of employment.
  • 8. The Patron, at its expense, will transport or arrange for the transportation of the Worker and the members of his family named on the reverse side of this agreement and not in excess of 35 kilos (77 pounds) of personal effects for each member of the family which shall not include household goods) from _________________________, Mexico, to the point or points of destination within the United States where the Patron has determined the work will be performed, and return to point of origin.
  • 9. The Patron will furnish to the Worker and to the members of his family accompanying him all necessary food, medical care and subsistence needs during periods of travel.
  • 10. The Patron will make all arrangements necessary under the laws for the entry and exit of the Worker and members of his family accompanying him, to and from the United States.
  • 11. The Worker shall work from the day following his arrival at the point of destination in the United States until _________________________
  • 12. The Worker will perform all work required of him with proper application, care and diligence during the term of this agreement under the direction and supervision of the employers but he will not be required to work on Sundays.
  • 13. This agreement may be renewed upon its termination upon the express consent of the Worker and with the knowledge of the Mexican Government.
  • 14. In the event the Patron should desire to utilize the services of a member of the family of the Worker, he may do so only with the full consent of the Worker and of the person whose services are desired, by the execution of a similar agreement in the presence of the Regional Director of the Farm Security Administration or his representative and with the previous consent of the appropriate Mexican Consul.
  • 15. Any member of the family under 14 years of age shall have the right to the same schooling as that received by children of other agricultural laborers in the area of employment in which the Worker may be working at any given time.
  • 16. The Worker shall not be required to purchase articles or services for consumption or use by him or his family in any establishment not of his own choice.
  • 17. The Worker will not be subject to discrimination in employment because of race, creed, color or nationality, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.
  • 18. Food, lodging, medical and sanitary services and other indispensable articles furnished to the Worker and to members of his family by the Patron or any Employer shall meet the reasonable minimum standards approved by the Patron.
  • 19. The Worker shall enjoy, as regards occupational diseases and accidents, the same guarantees enjoyed by other agricultural workers under the laws of the United States of America.
  • 20. The Worker designates the following persons as his economic dependents _________________________ (names and addresses), whom he designates as the beneficiaries of the sums and indemnities to which he would be entitled under the Law and this agreement.
  • 21. In the event the Worker should not be employed during the term of this agreement, as specified in Paragraph 11, such unemployment not being caused by his refusal to work or illness, 75% of the time for which he was contracted, the Patron will pay him $ 3.00 (American currency) per day for each day that he is not employed up to 75% of the work-days, which amount will be paid to him upon the termination of this agreement. If during his unemployment the Worker and members of his family are unable, upon the determination of the Patron, to supply their subsistence needs, he will receive necessary food, lodging, medical care and other subsistence needs. For the purpose of this paragraph, a day upon which the Worker works less than eight hours will not be considered a workday, and the hours worked on such days may be totalled, to determine the period of unemployment, in accordance with the procedure followed for other agricultural workers.
  • 22. In the event there should be an increase in the cost of living in the United States, the terms of the preceding paragraph will be subject to reconsideration, in accordance with the understanding between the Governments of Mexico and the United States.
  • 23. The Worker shall have the right to join with other Mexican laborers admitted under the understanding between the Governments of Mexico and the United States in the election of representatives to negotiate with the Patron or employers, such representatives to be members of the group electing them.
  • 24. All disputes between the Worker and his employer or employers shall be resolved through mediation, according to procedures established by the Government of the United States for agricultural workers.
  • 25. The Worker represents and warrants that he knows of no reason which would prevent him or his family from leaving or returning to Mexico, or entering or leaving the United States, as contemplated by this agreement. If the Worker or a member of his family shall not be permitted to leave Mexico or enter the United States, the Patron shall, at its expense, return the Worker and his family to their place of origin in Mexico. If after entrance into the United States the Worker or any member of his family becomes subject to deportation or removal therefrom under the Immigration or other laws of that country, or if the Farm Security Administration decides, after hearing the defense of the Worker, that the latter is unable or unwilling to work in accordance with the provisions of this agreement, or if the Worker or any member of his family violates any law of the United States, this agreement may forthwith and without notice be terminated by the Patron. Upon the termination of this agreement or upon the expiration of the period of employment provided for in paragraph 11, the Worker and his family shall immediately return to their place of origin in Mexico, at the expense of the Patron. If the Worker or any member of his family refuses so to return, the Patron may cause the Worker and his family to be removed to their place of origin.
  • 26. All rights, privileges and powers conferred by this agreement upon the Government of the United States shall be exercised by the Administrator of the Farm Security Administration of the Department of Agriculture of the United States or by its duly authorized representative.

Executed at Mexico, D. F., this _________________________ day of _________________________ 194__

                             
El Trabajador—Worker.  Los Estados Unidos de América—United States of America. 
_________________________ Por—By _________________________ 
_________________________ 
Título Oficial—Official Title. 
FARM SECURITY ADMINISTRATION U. S. DEPARTMENT OF AGRICULTURE 
Aprobado—Approved. 
Por—By _________________________ 
FAMILIARES: 
Nombres—Names.  Domicilio—Residence. 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 

CONTRATO INDIVIDUAL DE TRABAJO

Número—Number_________________________

que celebra el Gobierno de los Estados Unidos de América por conducto de la "Farm Security Administration" del Departamento de Agricultura, y que en el cuerpo del mismo se denominará "El Patrón", y el trabajador mexicano_________________________ a quien en el cuerpo del mismo se denominará "El Trabajador".

DECLARACIONES

  • 1a El Gobierno de los Estados Unidos y el Trabajador mutuamente desean que el trabajador se emplee ventajosamente en los Estados Unidos de América con el objeto de resolver la presente escasez de trabajadores agrícolas en ese país y para coadyuvar en el éxito de la guerra.
  • 2a El trabajador declara ser de nacionalidad mexicana por nacimiento, con domicilio en _________________________ de ____ años de edad _________________________ (casado o soltero)
  • 3a La Farm Security Administration del Departamento de Agricultura de los Estados Unidos de América está representada, en la celebración de este contrato, por el señor _________________________ quien acredita su personalidad a satisfacción de las autoridades mexicanas.
  • 4a El Trabajador reune las condiciones físicas necesarias para el cumplimiento del presente contrato, según la constancia expedida por los funcionarios debidamente autorizados de los Departamentos de Salubridad de México y de los Estados Unidos, que se anexa. El patrón reconoce a su satisfacción que se ha cumplido con tal requisito por lo cual acepta que el contrato no puede terminarse en atención a las condiciones físicas del trabajador o debido a cualesquiera cambios que pudieran presentarse en ellas durante el período de empleo; pero el Patrón puede dar por terminado el contrato en el momento en que se descubra que el Trabajador está enfermo del corazón, enajenación mental, padecimientos venéreos o crónicos que no fueron adquiridos durante, o como resultado de su trabajo en los Estados Unidos, o que padece alguna enfermedad contagiosa que se descubra en el trayecto entre el lugar de origen y el punto de destino en los Estados Unidos.
  • 5a El Patrón se obliga a celebrar contratos con el propietario o administrador (a quien se denominará el Sub-Empleador) de la finca o fincas de los Estados Unidos de América, en las que prestará sus servicios el Trabajador, en los términos que garanticen para éste, la debida observancia de las cláusulas del presente contrato; entendiéndose que el Patrón sená responsable, ante el trabajador y ante el Gobierno Mexicano, de tal cumplimiento.

EL PRESENTE CONTRATO DE TRABAJO SE SUJETARÁ A LAS SIGUIENTES CLÁUSULAS:

  • 1a El trabajador prestará sus servicios exclusivamente en labores agrícolas.

  • 2
  • 2a El Trabajador devengará salario igual al que se paga a los demás trabajadores, en la región respectiva por trabajos similares. En ningún caso dicho salario será inferior a 0.30 de dólar por hora. El señalamiento de salarios según la costumbre de los Estados Unidos incluye el pago del séptimo día, establecido por la Ley Federal del Trabajo de México. Los salarios por trabajos a destajo se arreglarán en forma tal que el Trabajador de habilidad común disfrute del salario establecido en la región.
  • 3a El patrón se obliga a que sus representantes o agentes harán del conocimiento del Trabajador, al iniciar éste la prestación de sus servicios y cuantas veces sea necesario, empleando el idioma castellano y en forma eficaz, cuál es el salario que le corresponde y cuáles son las condiciones de habitación, asistencia médica y demás facilidades a que tiene derecho por virtud de los términos del presente contrato.
  • 4a No se harán descuentos al salario del Trabajador por comisiones, cuotas o por cualquiera otra razón, (excepto los requeridos por la ley) que tiendan a reducir los ingresos del mismo a cantidad inferior a la mencionada en la cláusula segunda.
  • 5a El Trabajador manifiesta su conformidad para que le sea descontado de su salario el DIEZ POR CIENTO, y autoriza al Patrón para recibirlo del Sub-Empleador y conservarlo en calidad de depósito para serle reintegrado a su regreso al punto de origen, o tan pronto como sea practicable, en forma de créditos a su cuenta en el Banco de Crédito Agrícola de México.
  • 6a El Trabajador acepta el transporte, alimentos, alojamiento, medios de subsistencia y trabajo en los términos del presente contrato y formalizará todos los arreglos, recibos e instrumentos que para el cumplimiento de este contrato pudiera necesitar el Patrón.
  • 7a El Patrón proporcionará al Trabajador y a los familiares de éste que se señalen en el reverso del presente contrato, servicios sanitarios y atención médica, todo ello en idénticas condiciones a las que disfruten los demás trabajadores agrícolas en la región de trabajo respectiva.
  • 8a El Patrón, a su costa, transportará o gestionará el transporte del Trabajador y de los miembros de su familia mencionados en el reverso de este contrato y hasta 35 kilos (77 libras) de objetos de uso personal para cada uno de ellos, (los que no incluirán menaje de casa) desde _________________________ México, hasta el lugar o lugares de los Estados Unidos en que, según determinación del Patrón, se desempeñará el trabajo, y regreso al punto de origen.
  • 9a El Patrón proporcionará al Trabajador y sus familiares que lo acompañan el alimento, atención médica y todos los medios de subsistencia necessarios durante el trayecto.
  • 10a El Patrón hará todos los arreglos necesarios conforme a las leyes para la entrada y salida del Trabajador y de sus familiares que lo acompañan, al territorio de los Estados Unidos.
  • 11a El Trabajador iniciará la prestación de sus servicios desde el día siguiente de su llegada al punto de destino en los Estados Unidos hasta _________________________
  • 12a El Trabajador desempeñará el trabajo que se le requiera con la intensidad, cuidado y esmero apropiados, durante el período del contrato bajo la dirección y supervisión del Sub-Empleador y no se le obligará a trabajar los domingos.

  • 3
  • 13a El presente contrato puede ser renovado a su vencimiento, mediante la voluntad expresa del trabajador y con conocimiento del Gobierno Mexicano.
  • 14a En el caso de que el Patrón pretendiera utilizar los servicios de algunos de los familiares del Trabajador, sólo podrá hacerlo mediante el consentimiento expreso de éste y de la persona cuyos servicios sean solicitados, celebrando el contrato respectivo ante el Director Regional de la Farm Security Administration o su representante y previa autorización del Cónsul de México que corresponda.
  • 15a Cualquier miembro de la familia menor de 14 años de edad tendrá derecho a recibir la misma instrucción escolar que se imparte a los niños de otros trabajadores agrícolas en la región en que el trabajador esté trabajando, en cualquier tiempo dado.
  • 16a El Trabajador no estará obligado a comprar artículos o servicios para su consumo o uso, o el de su familia en ningún establecimiento que no sea de su agrado.
  • 17a El Trabajador no será objeto de discriminación en el trabajo a causa de raza, credo, color o nacionalidad, de acuerdo con las estipulaciones de la Orden Ejecutiva Na 8802 del Presidente de los Estados Unidos, fechada el 25 de junio de 1941.
  • 18a El alimento, alojamiento, servicios médicos y sanitarios y otros artículos indispensables proporcionados al Trabajador y su familia, por el Patrón o algún Sub-Empleador, cubrirán los standards mínimos razonables aprobados por el Patrón.
  • 19a El Trabajador gozará, por lo que hace a enfermedades profesionales y accidentes de trabajo, de las mismas garantías que disfrutan los demás trabajadores agrícolas, de acuerdo con la legislación de los Estados Unidos de América.
  • 20a El Trabajador señala como sus dependientes económicos a las siguientes personas _________________________ (nombres y domicilios) a quienes designa como beneficiarios de las indemnizaciones que a aquél le correspondieran por cualesquier conceptos emanados de la Ley y de este contrato.
  • 21a Para el caso de que el Trabajador permanezca desocupado durante el período de la contratación, según lo señalado en la cláusula 11a y siempre que la desocupación no sea motivada por su negativa a trabajar o por enfermedad, durante el 75% del término para el que haya sido contratado, el patrón le cubrirá 3.00 dólares diarios, que le serán pagados al finalizar el término del contrato. Si durante la desocupación el trabajador y sus familiares no pueden satisfacer sus necesidades de vida, recibirá, previa comprobación del Patrón, los alimentos necesarios, alojamiento, atención médica y demás medios de subsistencia. Para los efectos de esta cláusula, se considerará como día no trabajado aquel en que el Trabajador labore menos de ocho horas, y las horas trabajadas se computarán, para calcular el período de desempleo, de acuerdo con el procedimiento seguido para los demás trabajadores agrícolas.
  • 22a En caso de que haya aumento del costo de la vida en los Estados Unidos, lo pactado en la cláusula anterior será motivo de reconsideración, de acuerdo con el convenio celebrado entre los Gobiernos de México y los Estados Unidos.
  • 23a El Trabajador tendrá derecho a asociarse con otros trabajadores mexicanos admitidos de conformidad
    4
    con el acuerdo celebrado entre los Gobiernos de México y los Estados Unidos, para elegir a sus representantes que traten con el Patrón o los sub-empleadores, debiendo ser dichos representantes miembros del grupo que los designa.
  • 24a Todas las disputas entre el Trabajador y subempleador o subempleadores serán resueltas por mediación, según el procedimiento establecido por el Gobierno de los Estados Unidos para los demás trabajadores agrícolas.
  • 25a El Trabajador manifiesta y asegura no tener conocimientos de motivo alguno que pueda impedirle a él o a su familia salir de o regresar a México, o internarse en o salir de los Estados Unidos con arreglo al presente convenio. Si al Trabajador o algún miembro de su familia se le niega la salida de México o la entrada en los Estados Unidos, el Patrón procurará que el trabajador y su familia retornen a su lugar de procedencia en México, a expensas de aquél. Si después de internarse en los Estados Unidos el Trabajador o cualquier miembro de su familia se expone a la deportación o remoción de aquel país, con arreglo a la Ley de Inmigración, o demás leyes, o si la Farm Security Administration resuelve después de haber oído la defensa del Trabajador, que éste está incapacitado para o se niega a trabajar conforme a los requisitos del presente convenio, o si el Trabajador o cualquier miembro de su familia infringe cualquiera ley de los Estados Unidos, el presente convenio puede inmediatamente y sin previo aviso darse por terminado por parte del Patrón. Al terminar el convenio o al expirar el período de empleo especificado en la cláusula 11a, el Trabajador y su familia retornarán en el acto a su lugar de procedencia en México, a costa del Patrón. Cuando el Trabajador o cualquier miembro de su familia se niegue a retornar en estas condiciones, el Gobierno de los Estados Unidos puede remover al Trabajador y a su familia al referido lugar de procedencia.
  • 26a Todos los derechos, privilegios y facultades conferidos por el presente convenio al Gobierno de los Estados Unidos serán ejercitados por el Administrador de la Farm Security Administration, por el Departamento de Agricultura de los Estados Unidos, o por su representante debidamente autorizado.

México, D. F., a ____ de _________________________ de 194___

                             
El Trabajador—Worker.  Los Estados Unidos de América—United States of America. 
_________________________ Por—By _________________________ 
_________________________ 
Título Oficial—Official Title. 
FARM SECURITY ADMINISTRATION U. S. DEPARTMENT OF AGRICULTURE 
Aprobado—Approved. 
Por—By _________________________ 
FAMILIARES: 
Nombres—Names.  Domicilio—Residence. 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 
_________________________  _________________________ 

About this text
Courtesy of The Bancroft Library, University of California, Berkeley, CA 94720-6000; http://bancroft.berkeley.edu/
http://content.cdlib.org/view?docId=hb9j49p4n9&brand=oac4
Title: Farm Security Administration reports and miscellaneous documents : Mexican Farm Labor Transportation Program
By:  United States. Farm Security Administration, Author
Date: 1942-1943
Contributing Institution: The Bancroft Library, University of California, Berkeley, CA 94720-6000; http://bancroft.berkeley.edu/
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