inclusion of such processed quantity of the commodity is necessary to effectuate the purposes of this Act. (7 U.S.C. 1428(g).)

NORMAL SUPPLY

(h) "Normal supply"28 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 carryover. The allowance for carry-over shall be the average carry-over of the commodity for the five marketing years immediately preceding the 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's 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).)

[Subsections (k), (1), and (m) are effective only through the 1981

crops.]

REFERENCE TO TERMS MADE APPLICABLE TO WHEAT AND FEED GRAINS

(k)29 References made in sections 402, 408, 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)30 References made in sections 402, 408, 406, and 416 to the terms "support price," "level of support," and "level of price support" shall

"Subsection (k) was added by Sec. 408 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1367, Nov. 30, 1970, effective only with respect to the 1971, 1972, and 1973 crops. Sec. 1(15) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 221, Aug, 10, 1973, made it applicable through the 1977 crops. Sec. 407 of the Food and Agriculture Act of 1977. P.L. 95-113, 91 Stat. 927, Sept. 29, 1977, made Sec. 408(k) applicable through the 1981

crops.

30 Subsection (1) was added by Sec. 607 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1378, Nov. 30, 1970, effective only with respect to the 1971, 1972 and 1973 crops. Sec. 1(22) of the Agriculture and Consumer Protection

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).)

REFERENCE TO TERMS MADE APPLICABLE TO RICE

(m)31 References made in sections 402, 403, 406, 407, 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 rice under this Act; and references made to the terms "price support", "price support operation", 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 rice under this Act. (7 U.S.C. 1428(m).)

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.]

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. 44-2).]

SEC. 411. [This section contains an amendment to section 32 of P.L. 320, 74th Congress.]

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 Corporation Charter Act. (7 U.S.C. 1429.)

WHEN PRICE SUPPORT PROVISIONS EFFECTIVE

SEC. 413. This Act shall 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.]

Act of 1973, P.L. 93-86, 87 Stat. 221, Aug. 10, 1973, made it applicable through the 1977 crop. Sec. 604(b) of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 939, Sept. 29, 1977, made it applicable through the 1981 crop. 31 Subsection (m) was added by Sec. 304 of the Rice Production Act of 1975, P.L. 954-214, 90 Stat. 188, Feb. 17, 1977, effective only with respect to the 1976 and 1977 crops of rice, and was made applicable through the 1981 crop by Sec. 705 of the Food and Agriculture Act of 1977. P.L. 95-113, 91 Stat. 944, Sept. 29, 1977.

DISPOSITION OF COMMODITIES TO PREVENT WASTE

SEC. 416.32 In order to prevent the waste of commodities whether in private stocks or33 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 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,34 in nonprofit summer camps for children,35 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.36 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.37 (7 U.S.C. 1431).

32 The provisions of this section were substituted for the previous provisions by Sec. 302 of the Agricultural Trade Development and Assistance Act of 1954, P.L. 480, 83rd Cong., 68 Stat. 458, July 10, 1954. See Sec. 9 of P.L. 85–931, 72 Stat. 1792, Sept. 6, 1958 (on p. 41-4) providing for distribution of commodities under Sec. 416 to overseas areas under the jurisdiction or administration of the United States.

The Food for Peace Act of 1966, P.L. 89-808, 80 Stat. 1538, Nov. 11, 1966, deleted all references to foreign donations from Sec. 416, effective Jan. 1, 1967.

"The words "whether in private stocks or" were added by P.L. 86-108, 73 Stat. 250, July 24, 1959.

34 See P.L. 86-756, 74 Stat. 899, Sept. 13, 1960. (p. 41-2) authorizing the use of surplus foods for training home economics students.

The words "in nonprofit summer camps for children" were added by P.L. 85-482, 72 Stat. 286, July 2, 1958. 36 This sentence was added by the Agricultural Act of 1956, P.L. 84-540, 70 Stat. 203, May 28, 1956.

37 This sentence was added by P.L. 91-233, 84 Stat. 199, April 17, 1970. A last sentence, relating to supplemental security income, was added by P.L. 92-603, 86 Stat. 1492, Oct. 30, 1972, but never went into effect and was repealed by Sec. 1302 of the Food and Agriculture Act of 1977, P.L. 95–113, 91 Stat. 979, Sept. 29, 1977.

SEC. 417. [This section amended sections of the Farm Credit Act of 1933 (12 U.S.C. 1134c,j) which were repealed by P.L. 92-181, 85 Stat. 624, Dec. 10, 1971.]

SECS, 418 and 419. [These sections contain amendments to the Agricultural Adjustment Act of 1938. These amendments are included in that Act as it appears in this Compilation.]

PRICE SUPPORT FOR COTTONSEED

SEC. 420.38 Any price support program in effect on cottonseed or any of its products shall be extended to the same seed and products of the cottons defined under section 347(a) of the Agricultural Adjustment Act of 1938, as amended. (7 U.S.C. 1432.)

SEC. 421. [This section was added by the Act of September 11, 1964, 78 Stat. 927. It appears in the subpart on Disaster Relief.]

This section was added by P.L. 82–585, 66 Stat. 759, July 17, 1952. See also Sec, 203 of this Act.

TITLE I-PAYMENT LIMITATION

[Sec. 101 was applicable only through the 1977 crops.]

SEC. 101.2 Notwithstanding any other provision of law—

(1)3 The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1976 crops of the commodities and by titles IV and V of the Food and Agriculture Act of 1977 and titles IV, V, and VI of this Act for the 1977 crop of the commodities shall not exceed $20,000.

(2) The term "payments" as used in this section shall not include loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation.

(3) If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such persons will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction.

(4) The Secretary shall issue regulations defining the term "person" and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970. (7 U.S.C. 1307.)

EXCLUSION OF DISASTER LOSS PAYMENTS

Act of Nov. 8, 19774 Notwithstanding any other provision of law, the term "payments" as used in section 101 of the Agricultural Act of 1970, as amended, and section 101(g)(13) of the agricultural Act of 1949, as amended, shall not include any part of any payment which is determined by the Secretary of Agriculture to represent compensation for disaster loss with respect to the 1977 crops of wheat, feed grains, upland cotton, and rice. (7 U.S.C. 1307 note.)

P.L. 91-524, 84 Stat. 1358, Nov. 30, 1970.

2 Sec. 1(1) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 221, Aug. 10, 1973, completely revised Sec. 101 of the Agricultural Act of 1970. See also Sec. 101(g)(13) of the Agricultural Act of 1949 for limitation on 1976-77 crops of rice.

3 Sec. 104 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 919, Sept. 29, 1977, substituted a new Subsec. 101(1) in lieu of the former Subsec. 101(1).

P.L. 95-156, 91 Stat. 1264, Nov. 8, 1977.