sions of the foregoing sentence and such quantities of cotton as are required to be sold under such sentence shall be offered for sale in an orderly manner and so as not to affect market prices unduly. (7 U.S.C. 1427.)

DEFINITIONS

SEC. 408. For the purposes of this Act

STORABLE COMMODITIES

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(a) A commodity shall be considered storable upon determination by the Secretary that, in normal trade practice, it is stored for substantial periods of time and that it can be stored under the pricesupport program without excessive loss through deterioration or spoilage or without excessive cost for storage for such periods as will permit its disposition without substantial impairment of the effectiveness of the price-support program. (7 U.S.C. 1428 (a).)

COOPERATOR

(b) 49 A "cooperator" with respect to any basic agricultural commodity shall be a producer on whose farm the acreage planted to the commodity does not exceed the farm acreage allotment for the commodity under title III of the Agricultural Adjustment Act of 1938, as amended, or in the case of price support for corn or wheat to a producer outside the commercial corn-producing or wheat-producing area, a producer who complies with conditions of eligibility prescribed by the Secretary: Provided,50 That for upland cotton a cooperator shall be a producer on whose farm the acreage planted to such cotton does not exceed the cooperator percentage, which shall be in the case of the 1966 crop, 87.5 per centum of such farm acreage allotment and, in the case of each of the 1967 through 1970 crops, such percentage, not less than 87.5 or more than 100 per centum, of such farm acreage allotment as the Secretary may specify for such crop, except that in the case of small farms (i.e., farms on which the acreage allotment is 10 acres or less, or on which the projected farm yield times the acreage allotment is 3,600 pounds or less, and the acreage allotment has not been reduced under section 344 (m)) the acreage of cotton on the farm shall not be required to be reduced below the farm acreage allotment: And provided,1 That for the 1971, 1972, and 1973 crops of upland cotton a cooperator shall be a producer on a farm on which a farm base acreage allotment has been established who has set aside the acreage required under section 103 (e). For the purpose of this subsection, a producer shall not be deemed to have exceeded his farm acreage allotment unless such producer knowingly exceeded such allotment.52 (7 U.S.C. 1428 (b).)

48 The last two sentences were added by the Act of August 11, 1968, 82 Stat. 703. 49 The words "or wheat" and "or wheat-producing" were added by section 209 of the Agricultural Act of 1954, 68 Stat. 901.

so The proviso was added by the Food and Agriculture Act of 1965, 79 Stat. 1197. The final year of the period was extended from 1969 to 1970 by the Act of October 11, 1968, 82 Stat. 996.

1 This proviso was added by Sec. 604 of the Agricultural Act of 1970, 84 Stat. 1378. See section 374 (c) of the Agricultural Adjustment Act of 1938 as to adjusting planted acreage.

BASIC AGRICULTURAL COMMODITY

(c) A "basic agricultural commodity" shall mean corn, cotton, peanuts, rice, tobacco, and wheat, respectively. (7 U.S.C. 1428 (c).)

NONBASIC AGRICULTURAL COMMODITY

(d) A "nonbasic agricultural commodity" shall mean any agricultural commodity other than a basic agricultural commodity. (7 U.S.C. 1428 (d).)

SUPPLY PERCENTAGE

(e) The "supply percentage" as to any commodity shall be the percentage which the estimated total supply is of the normal supply as determined by the Secretary from the latest available statistics of the Department of Agriculture as of the beginning of the marketing year for the commodity. (7 U.S.C. 1428 (e).)

TOTAL SUPPLY

(f) "Total supply" " of any nonbasic agricultural commodity for any marketing year shall be the carry-over at the beginning of such marketing year, plus the estimated production of the commodity in the United States during the calendar year in which such marketing year begins and the estimated imports of the commodity into the United States during such marketing year. (7 U.S.C. 1428(f).)

CARRY-OVER

(g) "Carryover" 54 of any nonbasic agricultural commodity for any marketing year shall be the quantity of the commodity on hand in the United States at the beginning of such marketing year, not including any part of the crop or production of such commodity which was produced in the United States during the calendar year then current. The carry-over of any such commodity may also include the quantity of such commodity in processed form on hand in the United States at the beginning of such marketing year, if the Secretary determines that the inclusion of such processed quantity of the commodity is necessary to effectuate the purposes of this Act. (7 U.S.C. 1428 (g).)

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NORMAL SUPPLY

(h) "Normal supply" " of any nonbasic agricultural commodity for any marketing year shall be (1) the estimated domestic consumption of the commodity for the marketing year for which such normal supply is being determined, plus (2) the estimated exports of the commodity for such marketing year, plus (3) an allowance for carry-over. The allowance for carry-over shall be the average carry-over of the commodity for the five marketing years immediately preceding the

63 See section 301 (b) of the Agricultural Adjustment Act of 1938 for definitions applicable to basic commodities. 54 See footnote 53.

See footnote 53.

marketing year in which such normal supply is determined, adjusted for surpluses or deficiencies caused by abnormal conditions, changes in marketing conditions, or the operation of any agricultural program. In determining normal supply, the Secretary shall make such adjustments for current trends in consumption and for unusual conditions as he may deem necessary. (7 U.S.C. 1428 (h).)

MARKETING YEAR

(i) "Marketing year" 55 for any nonbasic agricultural commodity means any period determined by the Secretary during which substantially all of the crop or production of such commodity is normally marketed by the producers thereof. (7 U.S.C. 1428 (i).)

TERMS DEFINED IN AGRICULTURAL ADJUSTMENT ACT OF 1938

(j) Any term defined in the Agricultural Adjustment Act of 1938, shall have the same meaning when used in this Act. (7 U.S.C. 1428 (j).)

REFERENCES TO TERMS MADE APPLICABLE TO WHEAT AND FEED

GRAINS

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(k) 5 References made in sections 402, 403, 406, and 416 to the terms "support price," "level of support," and "level of price support" shall be considered to apply as well to the level of loans and purchases for wheat and feed grains under this Act; and references made to the terms "price support," "price support operations," and "price support program" in such sections and in section 401 (a) shall be considered as applying as well to the loan and purchase operations for wheat and feed grains under this Act. (7 U.S.C. 1428 (k).)

REFERENCE TO TERMS MADE APPLICABLE TO UPLAND COTTON

(1) 57 References made in sections 402, 403, 406, and 416 to the terms "support price," "level of support," and "level of price support" shall be considered to apply as well to the level of loans and purchases for upland cotton under this Act; and references made to the terms "price support," "price support operations," and "price support program" in such sections and in section 401 (a) shall be considered as applying as well to the loan and purchase operations for upland cotton under this Act. (7 U.S.C. 1428 (1).)

SEC. 409. [This section contains amendments to the Agricultural Adjustment Act of 1938. These amendments are included in that Act, as it appears in this compilation.]

Subsection (k) was added by Section 408 of the Agricultural Act of 1970, 84 Stat. 1367. New subsection (k) is, however, effective only with respect to the 1971, 1972, and 1973 crops of the commodity.

7 Subsection (1) was added by Section 607 of the Agricultural Act of 1970, 84 Stat. 1378. New subsection (1) is, however, effective only with respect to the 1971, 1972, and 1973 crops of the commodity.

SEC. 410. [This section contains an amendment to section 4 of the Act of March 8, 1938 (15 U.S.C. 713a-4) relating to the borrowing power of Commodity Credit Corporation (p. 253).]

SEC. 411. [This section contains an amendment to section 32 of Pub. L. 320, 74th Congress (p. 230).]

DETERMINATIONS BY SECRETARY

SEC. 412. Determinations made by the Secretary under this Act shall be final and conclusive: Provided, That the scope and nature of such determinations shall not be inconsistent with the provisions of the Commodity Credit Charter Corporation Act. (7 U.S.C. 1429.)

WHEN PRICE SUPPORT PROVISIONS EFFECTIVE

SEC. 413. This Act shall not be effective with respect to price support operations for any agricultural commodity for any marketing year or season commencing prior to January 1, 1950, except to the extent that the Secretary of Agriculture shall, without reducing price support theretofore undertaken or announced, elect to apply the provisions of this Act. (7 U.S.C. 1430.)

REPEAL OF PREVIOUS LEGISLATION

SEC. 414. Section 302 of the Agricultural Adjustment Act of 1938, as amended, and any provision of law in conflict with the provisions of this Act are hereby repealed. (7 U.S.C. 1421 note.)

SEC. 415. [This section contains amendments to the Agricultural Act of 1948 and the Agricultural Adjustment Act of 1938.]

DISPOSITION OF COMMODITIES TO PREVENT WASTE

SEC. 416.58 In order to prevent the waste of commodities whether in private stocks or 59 acquired through price-support operations by the Commodity Credit Corporation before they can be disposed of in normal domestic channels without impairment of the price-support program or sold abroad at competitive world prices, the Commodity Credit Corporation is authorized, on such terms and under such regulations as the Secretary may deem in the public interest: (1) upon application, to make such commodities available to any Federal agency for use in making payment for commodities not produced in the United States; (2) to barter or exchange such commodities for strategic or other materials as authorized by law; (3) in the case of food commodities to donate such commodities to the Bureau of Indian Affairs and to such State, Federal, or private agency or agencies as

The provisions of this section were substituted for the previous provisions by section 302 of the Agricultural Trade Development and Assistance Act of 1954, 68 Stat. 458. See section 9 of the Act of September 6, 1958, 72 Stat. 1792 (on p. 238) providing for distribution of commodities under section 416 to overseas areas under the jurisdiction or administration of the United States.

The Food for Peace Act of 1966, 80 Stat. 1538, deleted all references to foreign donations from section 416, effective January 1, 1967.

The words "whether in private stocks or" were added by the Act of July 24, 1959, 73 Stat. 250.

61

may be designated by the proper State or Federal authority and approved by the Secretary, for use in the United States in nonprofit school-lunch programs,60 in nonprofit summer camps for children, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served. In the case of (3) the Secretary shall obtain such assurance as he deems necessary that the recipients thereof will not diminish their normal expenditures for food by reason of such donation. In order to facilitate the appropriate disposal of such commodities, the Secretary may from time to time estimate and announce the quantity of such commodities which he anticipates will become available for distribution under (3). The Commodity Credit Corporation may pay, with respect to commodities disposed of under this section, reprocessing, packaging, transporting, handling, and other charges accruing up to the time of their delivery to a Federal agency or to the designated State or private agency. In addition, in the case of food commodities. disposed of under this section, the Commodity Credit Corporation may pay the cost of processing such commodities into a form suitable for home or institutional use, such processing to be accomplished through private trade facilities to the greatest extent possible. For the purpose of this section the terms "State" and "United States" include the District of Columbia and any Territory or possession of the United States. Dairy products acquired by the Commodity Credit Corporation through price support operations may, insofar as they can be used in the United States in nonprofit school lunch and other nonprofit child feeding programs, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served, be donated for any such use prior to any other use or disposition.3 (7 U.S.C. 1431.)

STORAGE STRUCTURE LOANS TO COOPERATIVES

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SEC. 417. (a) Section 41 of the Farm Credit Act of 1933 (U.S.C., title 12, sec. 1134c) is amended by adding at the end thereof the following:

"Notwithstanding any limitations or conditions imposed by law, but subject to the availability of funds, each Bank for Cooperatives shall have power and authority to make separate loans to cooperative associations as defined in the Agricultural Marketing Act, as amended, for the purpose of financing the construction of structures for the storage of agricultural commodities (other than structures to provide refrigerated cold storage or structures

See Act of September 13, 1960, 74 Stat. 899 (p. 237) authorizing the use of surplus foods for training home economics students.

61 The words "in nonprofit summer camps for children," were added by the Act of July 2, 1958, 72 Stat. 286.

63 This sentence was added by the Agricultural Act of 1956, 70 Stat. 203.

63 This sentence was added by the Act of April 17, 1970, 84 Stat. 199. Effective January 1, 1974, section 416 is amended by the Act of October 30, 1972, Pub. L. 92-603, 86 Stat. 1329, to add the following sentence:

"No person who is eligible (or upon application would be eligible) to receive supplemental security income under title XVI of such Act shall be eligible to participate in any program conducted under this section (other than nonprofit child feeding programs or programs under which commodities are distributed on an emergency or temporary basis and eligi bility for participation therein is not based upon the income or resources of the individual or family)."