Volume 68 · 897
Public Law 83–690
To provide for greater stability in agriculture; to augment the marketing and disposal of agricultural products; and for other purposes.
Approved August 28, 1954
Statutory text
AN ACT
To provide for greater stability in agriculture; to augment the marketing and disposal of agricultural products; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I— SET ASIDE OF AGRICULTURAL COMMODITIES
Sec. 101.
The Commodity Credit Corporation shall, as rapidly as the
“Commodity set-aside.”
Secretary of Agriculture shall determine to be practicable, set aside within its inventories not more than the following maximum quantities and not less than the following minimum quantities of agricultural commodities or products thereof heretofore or hereafter acquired by it from 1954 and prior years’ crops and production in connection with its price support operations:
| Commodity | Maximum quantity | Minimum quantity |
|---|---|---|
| Wheat (bushels) | 500, 000, 000 | 400, 000, 000 |
| Uplaud cotton (bales) | 4, 000, 000 | 3, 000, 000 |
| Cottonseed oil (pounds) | 500, 000, 000 | 0 |
| Butter (pounds) | 200, 000, 000 | 0 |
| Nonfat dry milk solids (pounds) | 300, 000, 000 | 0 |
| Cheese (pounds) | 150, 000, 000 | 0 |
Such quantities shall be known as the “commodity set-aside”.
Sec. 102.
Quantities of commodities shall not be included in the commodity
Commodity value.
set-aside which have an aggregate value in excess of $2,500,000,000. The value of the commodities placed in the commodity set-aside, for the purpose of this section, shall be the Corporation’s investment in such commodities as of the date they are included in the commodity set-aside, as determined by the Secretary.
Sec. 103.
Such commodity set-aside shall be reduced by disposals
Reduction.
made in accordance with the directions of the President as follows:
Donation, sale, or other disposition for disaster or other relief purposes outside the United States pursuant to and subject to the limitations of title II of the Agricultural Trade Development and Assistance Act of 1954;
Ante, p. 457.
Sale or barter (including barter for strategic materials) to develop new or expanded markets for American agricultural commodities, including but not limited to disposition pursuant to and subject to the limitations of title I of the Agricultural Trade Development and Assistance Act of 1954;
Ante, p, 455.
Donation to school-lunch programs;
Transfer to the national stockpile established pursuant to the Act of June 7, 1939, as amended (50 U. S. C. 98–98h), without reimbursement
from funds appropriated for the purposes of that Act;
Donation, sale, or other disposition for research, experimental, or educational purposes;
Donation, sale, or other disposition for disaster relief purposes in the United States or to meet any national emergency declared by the President; and
Sale for unrestricted use to meet a need for increased supplies at not less than 105 per centum of the parity price in the case of agricultural commodities and a price reflecting 105 per centum of the parity price of the agricultural commodity in the case of products of agricultural commodities.
The President shall prescribe such terms and conditions for the disposal
Terms and conditions.
of commodities in the commodity set-aside as he determines will provide adequate safeguards against interference with normal marketings of the supplies of such commodities outside the commodity set-aside. Strategic materials acquired by the Commodity Credit Corporation under paragraph (2) of this subsection shall be transferred to the national stockpile established pursuant to the Act of
June 7, 1939, as amended, and the Commodity Credit Corporation shall be reimbursed for the value of the commodities bartered for such strategic materials from funds appropriated pursuant to section
8 of such Act of June 7, 1939, as amended. For the purpose of such reimbursement, the value of any commodity so bartered shall be the lower of the domestic market price or the Commodity Credit Corporation’s investment therein as of the date of such barter, as determined by the Secretary of Agriculture.
The quantity of any commodity in the commodity set-aside shall be reduced to the extent that the Commodity Credit Corporation inventory of such commodity is reduced, by natural or other cause beyond the control of the Corporation, below the quantity then charged to the commodity set-aside.
Sec. 104.
The Corporation shall have authority to sell, without
Sale of commodities.
regard to section 103 (a) (7) hereof, any commodity covered by the commodity set-aside for the purpose of rotating stocks or consolidating inventories, any such sale to be offset by purchase of the same commodity in a substantially equivalent quantity or of a substantially equivalent value.
Dispositions pursuant to this title shall not be subject to the pricing
Ante, p. 458.
Computations of “carryover.”
limitations of section 407 of the Agricultural Act of 1949, as amended.
Sec. 105.
The quantity of any commodity in the commodity set-aside or transferred from the set-aside to the national stockpile established pursuant to the Act of June 7, 1939, as amended (50 U. S. C. 98–98h) shall be excluded from the computation of “carryover” for the purpose of determining the price support level for such
Post, p. 899.
commodity under the Agricultural Act of 1949, as amended, and related legislation, but shall be included in the computation of total supplies for purposes of acreage allotments and marketing quotas under the
Post, p. 902.
Agricultural Adjustment Act of 1938, as amended, and related legislation. Until such time as the commodity set-aside has been completed, such quantity of the commodity as the Secretary shall determine between the maximum and minimum quantities specified in section 101 of this Act shall be excluded from the computations of “arryover” for the purpose of determining the price support level, but shall be included in the computation of total supplies for purposes of acreage allotments and marketing quotas, for the 1955 crop of the commodity, notwithstanding that the quantity so excluded may not have been acquired by the Corporation and included in the commodity set-aside.
Sec. 106.
The Commodity Credit Corporation shall keep such records
Records and accounts.
and accounts as may be necessary to show, for each commodity set-aside, the initial and current composition, value (in accordance with section 102), current investment, quantity disposed of, method of disposition, and amounts received on disposition.
Sec. 107.
In order to make payment to the Commodity Credit Corporation
Appropriation.
for any commodities transferred to the national stockpile pursuant to section 103 (a) (4) of this Act, there are hereby authorized to be appropriated amounts equal to the value of any commodities so transferred. The value of any commodity so transferred, for the purpose of this section, shall be the lower of the domestic market price or the Commodity Credit Corporation’s investment therein as of the date of transfer to the stockpile, as determined by the Secretary of Agriculture.
TITLE II— AMENDMENTS TO AGRICULTURAL ACT OF 1949, AS AMENDED, AND RELATED LEGISLATION
Sec. 201.
Section 101 (d) (6) of the Agricultural Act of 1949 is amended to read as follows:
Cooperators.
“(6) Except as provided in subsection (c) and section 402, the level of support to cooperators shall be not more than 90 per centum and not less than 82½ per centum of the parity price for the 1955 crop of any basic agricultural commodity with respect to which producers have not disapproved marketing quotas; within such limits, the minimum level of support shall be fixed as provided in subsections (a) and (b) of this section.”
Section 101 (d) of the Agricultural Act of 1949 (7 U. S. C., sec. 1441 (d)) is amended by adding at the end thereof the following new paragraph:
“(7) Where a State is designated under section 335 (e) of the Agricultural
Wheat.
Post, p. 903.
Adjustment Act of 1938, as amended, as outside the commercial wheat-producing area for any crop of wheat, the level of price support for wheat to cooperators in such State for such crop of wheat shall be 75 per centum of the level of price support to cooperators in the commercial wheat-producing area.”
Sec. 202.
Section 101 (f) of the Agricultural Act of 1949, as
Cotton.
amended, is amended by deleting in the first sentence thereof everything following the word “except” and inserting in lieu thereof the following: “that, notwithstanding any of the foregoing provisions of section 101 of this Act, the level of support to cooperators for the 1955 and each subsequent crop of extra long staple cotton, if producers have not disapproved marketing quotas therefor, shall be the minimum level specified in section 101 (b) of this Act for the supply percentage for extra long staple cotton as of the beginning of the marketing year for the crop.”
Sec. 203.
Section 201 of the Agricultural Act of 1949 (7 U. S. C.
Nonbasic commodities.
1446), as amended, is amended (1) by deleting “Irish potatoes,” from the first sentence thereof, and (2) by deleting from subsection (b) thereof “tung nuts, honey, and early, intermediate and late Irish potatoes” and inserting in lieu thereof “tung nuts and honey”.
Section 5 of the Act of March 31, 1950 (7 U. S. C. 1450), as
Repeal.
Ante, p. 7.
amended by section 5 (a) of Public Law 290, Eighty-third Congress, is repealed.
Sec. 204.
The production and use of abundant supplies of high
Dairy products.
quality milk and dairy products are essential to the health and general welfare of the Nation: a dependable domestic source of supply of these foods in the form of high grade dairy herds and modern, sanitary dairy equipment is important to the national defense; and an economically sound dairy industry affects beneficially the economy of the country as a whole. It is the policy of Congress to assure a stabilized
Policy of Congress.
annual production of adequate supplies of milk and daily products; to promote the increased use of these essential foods; to improve the domestic source of supply of milk and butterfat by encouraging dairy farmers to develop efficient production units consisting of high-grade, disease-free cattle and modern sanitary equipment; and to stabilize the economy of dairy farmers at a level which will provide a fair return for their labor and investment when compared with the cost of things that farmers buy.
Section 201 (c) of the Agricultural Act of 1949, as amended, is amended to read as follows:
“(c) The price of whole milk, butterfat, and the products of such
Milk, etc., price supports.
commodities, respectively, shall be supported at such level not in excess of 90 per centum nor less than 75 per centum of the parity price there- for as the Secretary determines necessary in order to assure an adequate supply. Such price support shall be provided through loans on, or purchases of, milk and the products of milk and butterfat, and for the period ending March 31, 1956, surplus stocks of dairy products owned by the Commodity Credit Corporation may be disposed of by
School consumption of fluid milk.
any methods determined necessary by the Secretary. Beginning September 1, 1954, and ending June 30, 1956, not to exceed $50,000,000 annually of funds of the Commodity Credit Corporation shall be used to increase the consumption of fluid milk by children in nonprofit schools of high school grade and under.”
In order to prevent the accumulation of excessive inventories of
Disposal programs.
dairy products the Secretary of Agriculture shall undertake domestic disposal programs under authorities granted in the Agricultural
Availability of dairy products through CCC.
Adjustment Act of 1938 and the Agricultural Act of 1949, as amended, or as otherwise authorized by law.
Title II of the Agricultural Act of 1949, as amended, is amended by adding at the end thereof the following:
“Sec. 202.
As a means of increasing the utilization of dairy products, (including for purposes of this section, milk) upon the certification by the Administrator of Veterans’ Affairs or by the Secretary of the Army, acting for the military departments under the Department of Defense’s Single Service Purchase Assignment for Subsistence, or their duly authorized representatives that the usual quantities of dairy products have been purchased in the normal channels of trade—
“(a) The Commodity Credit Corporation until December 31, 1956,
Veterans hospitals.
shall make available to the Administrator of Veterans’ Affairs at warehouses where dairy products are stored, such dairy products acquired under price-support programs as the Administrator certifies that he requires in order to provide butter and cheese and other dairy products
Report to Congress.
as a part of the ration in hospitals under his jurisdiction. The Administrator shall report monthly to the Committees on Agriculture of the Senate and House of Representatives and the Secretary of Agriculture the amount of dairy products used under this subsection.
“(b) The Commodity Credit Corporation until December 31, 1956,
Armed Services, ration.
shall make available to the Secretary of the Army, at warehouses where dairy products are stored, such dairy products acquired under price-support programs as the Secretary of the Army or his duly authorized representative certifies can be utilized in order to provide additional butter and cheese and other dairy products as a part of the ration of the Army, Navy, or Air Force, and as a part of the ration in
Report to Congress.
hospitals under the jurisdiction of the Department of Defense. The Secretary of the Army shall report every six months to the Committees on Agriculture of the Senate and the House of Representatives and the Secretary of Agriculture the amount of dairy products used under this subsection.
“(c) Dairy products made available under this section shall be made
Costs of packaging.
available without charge, except that the Secretary of the Army or the Administrator of Veterans’ Affairs shall pay the Commodity Credit Corporation the costs of packaging incurred in making such products so available.
“(d) The obligation of the Commodity Credit Corporation to make dairy products available pursuant to the above shall be limited to dairy products acquired by the Corporation through price-support operations and not disposed of under provisions (1) and (2) of section 416 of this Act, as amended.”
As a means of stabilizing the dairy industry and further suppressing
Brucellosis.
Transfer of funds.
and eradicating brucellosis in cattle the Secretary is authorized to transfer not to exceed $15,000,000 annually for a period of two years from funds available to the Commodity Credit Corporation to the appropriation item “Plant and Animal Disease and Pest Control” in the Department of Agriculture Appropriation Act, 1955,
Ante, p. 304.
for the purpose of accelerating the brucellosis eradication program, for the purpose of increasing to not to exceed $50 per head of cattle the amount of the indemnities paid by the Federal Government for cattle destroyed because of brucellosis in connection with cooperative control and eradication programs for such disease in cattle entered into by the Secretary under the authority of the Act of May 29, 1884, as amended,
for the purpose of increasing the number of such indemnities, and for the purpose of defraying any additional administrative expenses in connection therewith. There is hereby authorized to be appropriated annually such sums as may be necessary to reimburse the Commodity Credit Corporation for expenditures pursuant to this section.
The Secretary of Agriculture is directed to make a study of the
Studies of production control and price support.
various methods of production control and of the various methods of price support which could be made applicable to milk and butterfat and their products, including programs to be operated and financed by dairymen; and to submit to Congress on or before the 3d day
Report to Congress.
of January, 1955, a detailed report thereof showing among other things the probable costs and effects of each type of operation studied and the legislation, if any, needed to put it into effect. The purpose of the study and report, is to develop basic material which can be used by Congress in formulating an improved agricultural program for milk and butterfat and their products. Alternative programs are to be submitted for consideration by Congress and for possible submission to a referendum of dairy farmers. The Secretary may conduct such hearings and receive such statements and briefs in connection with such study as he deems appropriate.
Sec. 206.
Section 401 (c) of the Agricultural Act of 1949, as amended (7 U. S. C. 1421), is amended by adding, at the end thereof, the following:
Program for diverted acres.
“In administering any program for diverted acres the Secretary may make his regulations applicable on an appropriate geographical basis. Such regulations shall be administered (1) in semiarid or other areas where good husbandry requires maintenance of a prudent feed reserve in such manner as to permit, to the extent so required by good husbandry, the production of forage crops for storage and subsequent use either on the farm or in feeding operations of the farm operator, and (2) in areas declared to be disaster areas by the President under Public Law 875, Eighty-first Congress, in such manner as will most
quickly restore the normal pattern of their agriculture.”
Sec. 207.
Section 401 of the Agricultural Act of 1949, as amended, is amended by adding thereto the following new subsection:
“(e) Whenever any price support or surplus removal operation for
Processors’ assurances.
any agricultural commodity is carried out through purchases from or loans or payments to processors, the Secretary shall, to the extent practicable, obtain from the processors such assurances as he deems adequate that the producers of the agricultural commodity involved have received or will receive maximum benefits from the price support or surplus removal operation.”
Sec. 208.
Notwithstanding the provisions of section 407 of the
Feed grain.
Agricultural Act of 1949, as amended, or of any other law, the Commodity Credit Corporation is authorized until March 1, 1955, to sell at the point of storage any feed grain owned by the Corporation at 10 per centum above the current support price for the commodity.
Sec. 209.
Section 408 (b) of the Agricultural Act of 1949 (7 U. S. C., sec. 1428 (b)) is amended by inserting “or wheat” after “corn”, and by inserting “or wheat-producing” after “corn-producing”.
TITLE III— AMENDMENTS TO AGRICULTURAL ADJUSTMENT ACT OF 1938, AND RELATED LEGISLATION
Sec. 301.
Section 301 (a) (1) (E) of the Agricultural Adjustment
Act of 1938, as amended (U. S. C., 1952 edition, title 7, sec. 1301 (a) (1) (E)), is amended as follows:
“Sec. 301 (a) (1) (E).
Notwithstanding the provisions of subparagraph
Transitional parity price.
(A), the transitional parity price for any agricultural commodity, computed as provided in this subparagraph, shall be used as the parity price for such commodity until such date after January 1, 1950, as such transitional parity price may be lower than the parity price, computed as provided in subparagraph (A), for such commodity. The transitional parity price for any agricultural commodity as of any date shall be—
“(i) its parity price determined in the manner used prior to the effective date of the Agricultural Act of 1948, less
“(ii) 5 per centum of the parity price so determined multiplied by the number of full calendar years which, as of such date, have elapsed after January 1, 1949, in the case of nonbasic agricultural commodities, and after January 1, 1955, in the case of the basic agricultural commodities.”
Sec. 302.
Section 301 (b) of the Agricultural Adjustment Act of 1938, as amended (7 U. S. C. 1301 (b)), is amended:
By striking out in paragraph 10 (A) the language “10 per
centum in the case of com” and “15 per centum in the case of wheat” and inserting in lieu thereof “15 per centum in the case of corn” and “20 per centum in the case of wheat”, respectively;
By amending paragraph (13) (A) to read as follows:
“(A) ‘Normal yield’ for any county, in the case of com or wheat,
Normal yield.
shall be the average yield per acre of corn or wheat for the county during the ten calendar years in the case of wheat, or the five calendar years in the case of corn, immediately preceding the year in which such normal yield is determined, adjusted for abnormal weather conditions and, in the case of wheat, for trends in yields. Such normal yield per acre for any county need be redetermined only when the actual average yield for the ten calendar years in the case of wheat, or the five calendar years in the case of corn, immediately preceding the calendar year in which such yield is being reconsidered differs by at least 5 per centum from the actual average yield for the ten years in the case of wheat, or the 5 years in the case of com, upon which the existing normal yield per acre for the county was based.”; and
By amending the first sentence of paragraph (13) (E) to read as follows: “ ‘Normal yield’ for any farm, in the case of corn, wheat, cotton, or peanuts, shall be the average yield per acre of corn, wheat, cotton, or peanuts, as the case may be, for the farm, adjusted for abnormal weather conditions and, in the case of wheat, but not in the case of corn, cotton, or peanuts, for trends in yields, during the ten calendar years in the case of wheat, and five calendar years in the case of com, cotton, or peanuts, immediately preceding the year in which such normal yield is determined.”
Sec. 303.
Part II of subtitle B of title III of the Agricultural Adjustment
Act of 1938, as amended (7 U. S. C., ch. 35 subch. II, subtitle B, pt. II), is amended by striking out the designation “marketing quotas—corn” and inserting in lieu thereof the words “acreage allotments—corn”.
Sec. 304.
Sections 322 to 325, inclusive (7 U. S. C. 1322 to 1325), and
Repeals.
32 Stat. 49–51.
section 326 (7 U. S. C. 1326), insofar as it is applicable to com, of the Agricultural Adjustment Act of 1938, as amended, are hereby repealed, and section 327 thereof (7 U. S. C. 1327), is hereby amended to read as follows:
“Sec. 327. “proclamation of commercial corn-producing area
Not later than February 1 of each calendar year, the Secretary shall ascertain and proclaim the commercial corn-producing area.”
Sec. 305.
The first sentence of section 328 of the Agricultural Adjustment Act of 1938, as amended (7 U. S. C. 1328), is amended by striking out
52 Stat. 52, 202; 62 Stat. 1257.
the word “ten” and inserting in lieu thereof “five”, by striking out the language “and trends in yield”, and by striking out the word “or” and inserting in lieu thereof “and corn”.
Sec. 306.
Section 329 (a) of the Agricultural Adjustment Act of 1938, as amended (7 U. S. C. 1329), is amended by striking out
the word “ten” and inserting in lieu thereof “five”.
Sec. 307.
Section 332 of the Agricultural Adjustment Act of 1938,
as amended, is amended to read as follows:
“Sec. 332.
Not later than May 15 of each calendar year the Secretary shall ascertain and proclaim the national acreage allotment for the crop of wheat produced in the next succeeding calendar year.”
Sec. 308.
Section 334 of the Agricultural Adjustment Act of 1938,
as amended, is amended by adding at the end thereof a new subsection as follows:
“(f) Any part of any 1955 farm wheat acreage allotment on which
Wheat acreage allotments.
Voluntary surrenders.
wheat will not be planted and which is voluntarily surrendered to the county committee shall be deducted from the allotment to such farm and may be reapportioned by the county committee to other farms in the same county receiving allotments in amounts determined by the county committee to be fair and reasonable on the basis of past acreage of wheat tillable acres, crop rotation practices, type of soil, and topography. If all of the allotted acreage voluntarily surrendered is not needed in the county, the county committee may surrender the excess acreage to the State committee to be used for the same purposes as the State acreage reserve under subsection (c) of this section. Any allotment transferred under this provision shall be regarded for the purposes of subsection (c) of this section as having been planted on the farm from which transferred rather than on the farm to which transferred, except that this shall not operate to make the farm from which the allotment was transferred eligible for an allotment as having wheat planted thereon during the three-year base period: Provided, That notwithstanding any other provisions of law, any part of any 1955 farm acreage allotment may be permanently released in writing to the county committee by the owner and operator of the farm, and reapportioned as provided herein. Acreage surrendered, reapportioned under this subsection, and planted shall be credited to the State and county in determining future acreage allotments.”
Sec. 309.
Section 335 of the Agricultural Adjustment Act of 1938,
as amended, is amended—
by striking out of subsection (a) “July 1” following the words “not later than” and inserting in lieu thereof “May 15”; and
by adding at the end thereof the following new subsection:
“(e) If, for any marketing year, the acreage allotment for wheat for any State is twenty-five thousand acres or less, the Secretary, in order to promote efficient administration of this Act and the Agricultural Act of 1949, may designate such State as outside the commercial
Ante, p. 899.
wheat-producing area for such marketing year. No farm marketing quota or acreage allotment with respect to wheat under this title shall be applicable in such marketing year to any farm in any State so designated; and no acreage allotment in any other State shall be increased by reason of such designation. Notice of any such designation
Publication in FR.
shall be published in the Federal Register.”
Sec. 310.
Section 344 (f) (6) of the Agricultural Adjustment
Ante, p. 6.
Act of 1938, as amended, is amended by changing the first sentence to read as follows:
“(6) Notwithstanding the foregoing provisions of this subsection
County acreage allotments.
Cotton land.
except paragraph (3), if the county committee recommends such action and the Secretary determines that such action will result in a more equitable distribution of the county allotment among farms in the county, the county acreage allotment, less the acreage reserved under paragraph (3) of this subsection, shall be apportioned to farms on which cotton has been planted in any one of the three years immediately preceding the year for which such allotment is determined, on the basis of the acreage planted to cotton on the farm during such three-year period, adjusted as may be necessary for abnormal conditions affecting plantings during such three-year period: Provided, That the county committee may in its discretion (A) apportion such county allotment by first establishing minimum allotments in accordance with paragraph (1) of this subsection and by allotting the remaining acreage to farms other than those receiving an allotment under paragraph (1) (B) in accordance with the foregoing provisions of this paragraph and (B) limit any farm acreage allotment established under the provisions of this paragraph for any year to an acreage not in excess of 50 per centum of the cropland on the farm, as determined pursuant to the provisions of paragraph (2) of this subsection: Provided further, That any part of the county acreage allotment not apportioned under this paragraph by reason of the initial application of such 50 per centum limitation shall be added to the county acreage reserve under paragraph (3) of this subsection and shall be available for the purposes specified therein.
Section 344 (m) (2) of the Agricultural Adjustment Act of
Ante, p. 5.
1938, as amended, is amended by striking out “1954 or 1955” wherever they appear therein.
Sec. 311.
Section 348 of the Agricultural Adjustment Act of
1938, as amended, is amended effective with the 1955 crops to read as follows:
“Sec. 348.
(a) Any person who knowingly harvests any basic agricultural
Ineligibility for payments.
commodity on his farm which has been determined by the Secretary to be in excess of the farm acreage allotment for such commodity for the farm for such year under this title shall not be eligible
for any payment for such year under the Soil Conservation and Domestic Allotment Act, as amended.
“(b) Persons applying for any payment of money under the Soil Conservation and Domestic Allotment Act, as amended, shall file with the application a statement of facts showing eligibility under this section.”
Section 374 of the Agricultural Adjustment Act of 1938, as
amended, is amended by striking out the last sentence of subsection (b) thereof and adding the following new subsection:
“(c) If the acreage determined to be planted to any basic agricultural commodity on the farm is in excess of the farm acreage allotment, the Secretary shall by appropriate regulations provide for a reasonable time prior to harvest within which such planted acreage may be adjusted to the farm acreage allotment.”
Sec. 312.
Section 371 of the Agricultural Adjustment Act of 1938,
as amended (7 U. S. C. 1371) , is hereby amended:
By amending subsection (b) to read as follows:
“(b) If the Secretary has reason to believe that, because of a national
Adjustment because of emergency or export demand.
emergency or because of a material increase in export demand, any national acreage allotment for corn or any national marketing quota or acreage allotment for wheat, cotton, rice, peanuts, or tobacco should be increased or terminated, he shall cause an immediate investigation to be made to determine whether the increase or termination is necessary in order to effect the declared policy of this Act or to meet such emergency or increase in export demand. If, on the basis of such investigation, the Secretary finds that such increase or termination is necessary, he shall immediately proclaim such finding (and if he finds an increase is necessary, the amount of the increase found by him to be necessary) and thereupon such quota or allotment shall be increased, or shall terminate, as the case may be.”
By adding in subsection (c) after the words “marketing quota”, wherever they appear therein, the words “or acreage allotment”, and
By deleting subsection (d) therefrom.
Repeal.
Sec. 313.
Public Law 74, Seventy-seventh Congress (7 U. S. C.
1330, 1340), as amended, shall not be applicable to corn.
Sec. 314.
Notwithstanding any other provision of law, in areas
Wheat.
where a summer fallow crop rotation of wheat is a common practice the 1955 wheat acreage allotment for any farm on which such rotation was practiced with respect to the 1952 and 1953 crops of wheat shall not be less than 50 per centum of (1) the average acreage planted for the production of wheat for the calendar years 1952 and 1953 plus (2) the average of the acreage summer fallowed during the calendar year 1951 for the seeding of wheat for 1952 and the acreage summer fallowed during the calendar year of 1952 for the seeding of wheat for 1953, adjusted in the same ratio as the national average seedings for the production of wheat during the calendar years 1952 and 1953 bears to the national acreage allotment for wheat for the 1955 crop, taking into consideration the adjustments made for crop rotation practices pursuant to the regulations pertaining to farm acreage allotments for the 1955 crop of wheat issued by the Secretary: Provided, That, except for farms on which at least 90 per centum of the acreage seeded for the production of wheat for the calendar years 1952 and 1953 was seeded on land which was summer fallowed during the years 1951 and 1952, respectively, and for which a definite and regular alternate wheat and summer fallow crop rotation practice has been determined under the aforesaid regulations, the acreage determined under this section to which the national adjustment factor is applied shall not exceed 50 per centum of the cropland on the farm well suited for the production of wheat: Provided further, That no acreage shall be included under (1) or (2) which the Secretary, by appropriate regulations, determines will become an undue erosion hazard under continued farming: Provided further, That the acreage determined under this section to which the national adjustment factor is applied shall not exceed six hundred and forty acres, with the acres in excess of six hundred and forty acres, if any, to be adjusted by the adjustment factor for the county. To the extent that the allotment to any county is insufficient to provide for such minimum farm allotments, the Secretary shall allot such county such additional acreage (which shall be in addition to the county, State, and National acreage allotments otherwise provided for under the Agricultural Adjustment Act of 1938, as amended) as may be necessary in order to provide
for such minimum farm allotments.
Sec. 315.
The Secretary of Agriculture is directed to make a study
Rice; studies.
of the various two-price systems of price support and marketing which could be made applicable to rice and to submit to Congress on
Report to Congress.
or before March 1, 1955, a detailed report thereon. The Secretary may conduct such hearings and receive such statements and briefs in connection with such study as he deems appropriate.
TITLE IV— AMENDMENTS TO AGRICULTURAL MARKETING AGREEMENT ACT OF 1937
Sec. 401.
The Agricultural Adjustment Act (of 1933), as amended, and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended, is further amended as follows:
Section 2, as amended (7 U. S. C. 602), is amended by adding
the following new subsection:
“(4) Through the exercise of the powers conferred upon the Secretary of Agriculture under this title, to establish and maintain such orderly marketing conditions for any agricultural commodity
Infra.
enumerated in section 8c (2) as will provide, in the interests of producers and consumers, an orderly flow of the supply thereof to market throughout its normal marketing season to avoid unreasonable fluctuations in supplies and prices.”
Section 8c (2), as amended (7 U. S. C. 608c (2)), is amended to read as follows:
“(2) Orders issued pursuant to this section shall be applicable only
Applicability of orders.
to the following agricultural commodities and the products thereof (except canned or frozen grapefruit, the products of naval stores, and the products of honeybees), or to any regional, or market classification of any such commodity or product: Milk, fruits (including filberts, almonds, pecans and walnuts but not including apples, other than apples produced in the States of Washington, Oregon, and Idaho, and not including fruits, other than olives and grapefruit, for canning or freezing), tobacco, vegetables (not including vegetables, other than asparagus, for canning or freezing), soybeans, hops, honeybees and naval stores as included in the Naval Stores Act and standards established thereunder (including refined or partially refined oleoresin): Provided, That no order issued pursuant to this section shall be effective as to any grapefruit for canning or freezing unless the Secretary of Agriculture determines, in addition to other findings and determinations required by this Act, that the issuance of such order is approved or favored by the processors who, during a representative period determined by the Secretary, have been engaged in canning or freezing such commodity for market and have canned or frozen for market more than 50 per centum of the total volume of such commodity canned or frozen for market during such representative period.”
Section 8c (6), as amended (7 U. S. C. 608c (6)), is amended:
By deleting the provisions immediately preceding paragraph (A) thereof and inserting in lieu thereof the following:
“(6) In the case or the agricultural commodities and the products thereof, other than milk and its products, specified in
Supra.
subsection (2) orders issued pursuant to this section shall contain one or more of the following terms and conditions, and (except as provided in subsection (7)), no others:”
By adding the following new paragraphs at the end thereof:
“(H) providing a method for fixing the size, capacity, weight,
Size, etc., of container.
dimensions, or pack of the container, or containers, which may be used in the packaging, transportation, sale, shipment, or handling of any fresh or dried fruits, vegetables, or tree nuts: Provided, however, That no action taken hereunder shall conflict with the
Standard Containers Act of 1916 (15 U. S. C. 251–256) and the Standard Containers Act of 1928 (15 U. S. C. 257–257i);
“(I) establishing or providing for the establishment of marketing
Marketing research projects, etc.
research and development projects designed to assist, improve, or promote the marketing, distribution, and consumption of any such commodity or product, the expense of such projects to be paid from funds collected pursuant to the marketing order.”
Section 8c (7) (C), is amended by adding at the end thereof:
“There shall be included in the membership of any agency selected to administer a marketing order applicable to grapefruit for canning or freezing one or more representatives of processors of the commodity specified in such order.”
Section 8 as amended, is further amended by adding a new section 8e reading as follows:
“8e.
Notwithstanding any other provision of law, whenever a marketing
Importation prohibition.
order issued by the Secretary of Agriculture pursuant to section 8c of this Act contains any terms or conditions regulating the grade, size, quality, or maturity of tomatoes, avocados, limes, grapefruit, green peppers, Irish potatoes, cucumbers, or eggplants produced in the United States the importation into the United States of any such commodity during the period of time such order is in effect shall be prohibited unless it complies with the grade, size, quality, and maturity provisions of such order or comparable restrictions promulgated hereunder: Provided, That this prohibition shall not apply to such commodities when shipped into continental United States from the Commonwealth of Puerto Rico or any Territory or possession of the United States where this Act has force and effect: Provided further, That whenever two or more such marketing orders regulating the same agricultural commodity produced in different areas of the United States are concurrently in effect, the importation into the United States of any such commodity shall be prohibited unless it complies with the grade, size, quality, and maturity provisions of the order which, as determined by the Secretary of Agriculture, regulates the commodity produced in the area with which the imported commodity is in most direct competition. Such prohibition shall not become effective until after the giving of such notice as the Secretary of Agriculture determines reasonable, which shall not be less than three days. In determining
Tomatoes.
the amount of notice that is reasonable in the case of tomatoes the Secretary of Agriculture shall give due consideration to the time required for their transportation and entry into the United States after picking. Whenever the Secretary of Agriculture finds that the application of the restrictions under a marketing order to an imported commodity is not practicable because of variations in characteristics between the domestic and imported commodity he shall establish with respect to the imported commodity such grade, size, quality, and maturity restrictions by varieties, types, or other classifications as he finds will be equivalent or comparable to those imposed upon the domestic commodity under such order. The Secretary of Agriculture
Rules and regulations.
may promulgate such rules and regulations as he deems necessary, to carry out the provisions of this section. Any person who violates any provision of this section or of any rule, regulation, or order promulgated hereunder shall be subject to a forfeiture in the amount prescribed in section 8a (5) or, upon conviction, a penalty in the amount
prescribed in section 8c (14) of the Act, or to both such forfeiture and penalty.”
TITLE V— AMENDMENTS TO SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT
Sec. 501.
Section 8 of the Soil Conservation and Domestic Allotment Act, as amended (16 U. S. C. 590h), is amended:
By striking out of subsection (a) “January 1, 1955” and “December 31,
1954”, wherever they appear therein, and inserting in lieu thereof “January 1, 1957” and “December 31, 1956”, respectively;
By adding at the end of subsection (a) the following:
“During the period prior to January 1, 1957, the Secretary shall carry out the purposes specified in section 7 (a) through State action
as rapidly as adequate State laws are enacted and satisfactory State plans are submitted. Notwithstanding the foregoing provisions of this section and section 7, the provisions of this section with respect to the State, county, and local committees of farmers shall continue in full force and effect for purposes other than the administration of State plans.”;
By striking out of the second paragraph of subsection (b) the
language “at not to exceed a fair price fixed in accordance with regulations to be prescribed by the Secretary” and by adding at the end of such paragraph the following new sentence: “The price at which purchase orders for any conservation materials or services are filled may be limited to a fair price fixed in accordance with regulations prescribed by the Secretary.”
Sec. 502.
Section 15 of the Soil Conservation and Domestic Allotment Act, as amended (16 U. S. C. 590o), is amended by adding at the end thereof the following:
“Notwithstanding the foregoing provisions of this section and the
provisions of section 7 (g), programs of soil building practices and soil-and water-conserving practices shall be based on a distribution of the funds available for payments and grants among the several States in accordance with their conservation needs, as determined by the Secretary, except that the proportion allocated to any State shall not be reduced by more than 15 per centum from the distribution of such funds for the next preceding program year. In carrying out such programs, the Secretary shall give particular consideration to conservation problems on farm lands diverted from crops under acreage allotment programs and to the maintenance of a proper balance between soil conserving and soil depleting crops on the farm.”
Sec. 503.
Nothing contained in section 8 (b) of the Soil Conservation
Terms of county committees.
and Domestic Allotment Act, as amended, or in any other provision of law, shall be construed to authorize the Secretary of Agriculture to impose any limitations upon the number of terms for which members of county committees established under such section may be reelected.
TITLE VI— AGRICULTURAL ATTACHES
Sec. 601.
For the purpose of encouraging and promoting the marketing
Foreign markets.
of agricultural
information, etc.
products of the United States and assisting American farmers, processors, distributors, and exporters to adjust their operations and practices to meet world conditions, the Secretary of Agriculture shall acquire information regarding the competition and demand for United States agricultural products, the marketing and distribution of said products in foreign countries and shall be responsible for the interpretation and dissemination of such information in the United States and shall make investigations abroad regarding the factors affecting and influencing the export of United States agricultural products, and shall conduct abroad any other activities including the demonstration of standards of quality for American agricultural products for which the Department of Agriculture now has or in the future may have such standards, as he deems necessary. Nothing contained herein shall be construed as prohibiting the Department of Agriculture from conducting abroad any activity for which authority now exists.
Sec. 602.
To effectuate the carrying out of the purposes of this
Personnel.
title, the Secretary of Agriculture is authorized to appoint such personnel as he determines to be necessary and, with the concurrence of the
Grades 16, 17.
Secretary of State, to assign such personnel to service abroad, and the Secretary of Agriculture may place not to exceed eight positions in grade 16 and two in grade 17 of the General Schedule of the Classification Act of 1949, as amended, in accordance with the standards and
procedures of that Act and such positions shall be in addition to the number authorized in section 505 of that Act.
Officers or employees assigned or appointed to a post abroad
Agricultural Attache.
pursuant to this title shall have the designation of Agricultural Attache or other titles or designations, which shall be jointly agreed to by the Secretary of State and the Secretary of Agriculture.
Upon the request of the Secretary of Agriculture, the Secretary
Attachment to diplomatic missions.
of State shall regularly and officially attach the officers or employees of the United States Department of Agriculture to the diplomatic mission of the United States in the country in which such officers or employees are to be assigned by the Secretary of Agriculture, and shall obtain for them diplomatic privileges and immunities equivalent to those enjoyed by Foreign Service personnel of comparable rank and salary.
The President shall prescribe regulations to insure that the
Regulations of President.
official activities of persons assigned abroad under this title are carried on (1) consonant with United States foreign policy objectives as defined by the Secretary of State; (2) in accordance with instructions of the Secretary of Agriculture with respect to agricultural matters; and (3) in coordination with other representatives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission.
Sec. 603.
The Secretary of Agriculture may, under such rules and
Allowances and benefits.
regulations as may be prescribed by the President or his designee, provide to personnel appointed or assigned by the Secretary of Agriculture under this title or other authority allowances and benefits similar to those provided by title IX of the Foreign Service Act of
1946. Leaves of absence for personnel under this title shall be on the same basis as is provided for the Foreign Service of the United States by the Annual and Sick Leave Act of 1951 (5 U. S. C. 2061).
Sec. 604.
The reports and dispatches prepared by the officers
Reports and dispatches.
appointed or assigned under this title shall be made available to the Department of State, and may be made available to other interested agencies of the Government, and the agricultural reports and dispatches and related information produced by officers of the Foreign Service shall be available to the Secretary of Agriculture.
The Secretary of State is authorized upon request of the Secretary
Office facilities, etc.
of Agriculture to provide office space, equipment, facilities, and such other administrative and clerical services as may be required for the personnel affected by this title. The Secretary of Agriculture is authorized to reimburse or advance funds to the Secretary of State for such services.
Sec. 605.
Provisions in annual appropriation Acts of the Department
Foreign Service appropriations.
of State facilitating the work of the Foreign Service of the United States shall be applicable under rules and regulations prescribed by the President or his designee to activities pursuant to this title.
Sec. 606.
The Secretary of Agriculture may make rules and regulations necessary to carry out the purposes of this title and may cooperate with any Department or agency of the United States Government, State, Territory, or possession or any organization or person. In any foreign country where custom or practice requires payment in
Advance payment of rent, etc.
advance for rent or other service, such payment may be authorized by the Secretary of Agriculture.
Sec. 607.
For the fiscal year 1955 so much of the Department
Unexpended balances, 1955.
of State and Department of Agriculture unexpended balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available, in connection with the functions covered by this title as the Director of the Bureau of the Budget or the Congress by appropriation or other law shall determine shall be transferred to or established in accounts under the control of the Department of Agriculture, and there are hereby authorized to be established such additional accounts as may be necessary for this purpose.
There are hereby authorized to be appropriated to the Department
Appropriations.
of Agriculture such amounts as may be necessary for the purpose of this title.
For the fiscal year 1955 funds which become available for the
Funds for 1955, expenditures.
purposes of this title may be expended under the provisions of law, including current appropriation Acts, applicable to the Department of State: Provided, That the provisions of section 571 (d) of the
Foreign Service Act of 1946, as amended, with respect to the source of payment for Foreign Service officers and employees shall not apply to personnel employed under this title. Obligations incurred by the Department of State prior to September 1, 1954, with respect to functions affected by this Act, shall be paid from appropriations available to the Department of State.
Sec. 608.
Nothing in this title shall be construed to affect personnel employed by or funds available to the Foreign Operations Administration or programs conducted under its authorities.
TITLE VII— NATIONAL WOOL ACT OF 1954
Sec. 701.
This title may be cited as the “National Wool Act of 1954.
Short title.
”
Sec. 702.
It is hereby recognized that wool is an essential and strategic commodity which is not produced in quantities and grades in the United States to meet the domestic needs and that the desired domestic production of wool is impaired by the depressing effects of wide fluctuations in the price of wool in the world markets. It is hereby declared to be the policy of Congress, as a measure of national security and in promotion of the general economic welfare, to encourage the annual domestic production of approximately three hundred million pounds of shorn wool, grease basis, at prices fair to both producers and consumers in a manner which will have the least adverse effects upon foreign trade.
Sec. 703.
The Secretary of Agriculture shall, through the Commodity
Price supports.
Credit Corporation, support the prices of wool and mohair, respectively, to the producers thereof by means of loans, purchases, payments, or other operations. Such price support shall he limited to wool and mohair marketed during the period beginning April 1, 1955, and ending March 31, 1959. The support price for shorn wool shall be at such incentive level as the Secretary, after consultation with producer representatives, and after taking into consideration prices paid and other cost conditions affecting sheep production, determines to be necessary in order to encourage an annual production consistent with the declared policy of this title: Provided, That the support price for shorn wool shall not exceed 110 per centum of the parity price therefor. If the support price so determined does not exceed 90 per centum of the parity price for shorn wool, the support price for shorn wool shall be at such level, not in excess of 90 per centum nor less than 60 per centum of the parity price therefor, as the Secretary determines necessary in order to encourage an annual production of approximately three hundred and sixty million pounds of shorn wool. The support prices for pulled wool and for mohair shall be established at such levels, in relationship to the support price for shorn wool, as the Secretary determines will maintain normal marketing practices for pulled wool, and as the Secretary shall determine is necessary to maintain approximately the same percentage of parity for mohair as for shorn wool. The deviation of mohair support prices shall not be calculated so as to cause it to rise or fall more than 15 per centum above or below the comparable percentage of parity at which shorn wool is supported. Notwithstanding the foregoing, no price support shall be made available, other than through payments, at a level in excess of 90 per centum of the parity price for the commodity. The Secretary shall, to the extent practicable, announce the support price levels for wool and mohair sufficiently in advance of each marketing year as will permit producers to plan their production for such marketing year.
Sec. 704.
If payments are utilized as a means of price support, the
Payments.
payments shall be such as the Secretary of Agriculture determines to be sufficient, when added to the national average price received by producers, to give producers a national average return for the commodity equal to the support price level therefor: Provided, That the total of all such payments made under this Act shall not at any time exceed an amount equal to 70 per centum of the accumulated totals, as of the same date, of the gross receipts from specific duties (whether or not such specific duties are parts of compound rates) collected on and after January 1, 1953, on all articles subject to duty under schedule 11 of the Tariff Act of 1930, as amended. The payments shall be made
19 USC 1001, par. 1101 et seq.
upon wool and mohair marketed by the producers thereof, but any wool or mohair produced prior to January 1, 1955, shall not be the subject of payments. The payments shall be at such rates for the marketing year or periods thereof as the Secretary determines will give producers the support price level as herein provided. Payments to any producer need not be made if the Secretary determines that the amount of the payment to the producer or all producers is too small to justify the cost of making such payments. The Secretary may make the payment to producers through the marketing agency to or through whom the producer marketed his wool or mohair: Provided, That such marketing agency agrees to receive and promptly distribute the payments on behalf of such producers. In case any person who is entitled to any such payment dies, becomes incompetent, or disappears before receiving such payment, or is succeeded by another who renders or completes the required performance, the payment shall, without regard to any other provisions of law, be made as the Secretary may determine to be fair and reasonable in all the circumstances and provided by regulation.
Sec. 705.
For the purpose of reimbursing the Commodity Credit
CCC reimbursement.
Corporation for any expenditures made by it in connection with payments to producers under this title, there is hereby appropriated for each fiscal year beginning with the fiscal year ending June 30, 1956, an amount equal to the total of expenditures made by the Corporation during the preceding fiscal year and to any amounts expended in prior fiscal years not previously reimbursed: Provided, however, that such amounts appropriated for any fiscal year shall not exceed 70 per centum of the gross receipts from specific duties (whether or not such specific duties are parts of compound rates) collected during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year on all articles subject to duty under schedule 11 of the Tariff Act of 1930, as amended. For the purposes of
19 USC 1001, par. 1101 et seq.
the appraisal under the Act of March 8, 1938, as amended (15 U. S. C. 713a-l), the Commodity Credit Corporation shall establish on its
books an account receivable in an amount equal to any amount expended by Commodity Credit Corporation in connection with payments pursuant to this title which has not been reimbursed from appropriations made hereunder.
Sec. 706.
Except as otherwise provided in this title, the amounts,
Determination of support operations by Secretary.
terms, and conditions of the price support operations and the extent to which such operations are carried out shall be determined or approved by the Secretary of Agriculture. The Secretary may, in determining support prices and rates of payment, make adjustments in such prices or rates for differences in grade, quality, type, location, and other factors to the extent he deems practicable and desirable. Determinations by the Secretary under this title shall be final and conclusive. The facts constituting the basis for any operation, payment, or amount thereof when officially determined in conformity with applicable regulations prescribed by the Secretary shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government.
Sec. 707.
The term “marketing year” as used in this title means
“Marketing year.”
the twelvemonth period beginning April 1 of each calendar year or, for either wool or mohair, such other period, or periods for prescribed areas, as the Secretary may determine to be desirable to effectuate the purpose of this title.
Sec. 708.
The Secretary of Agriculture is authorized to enter into
Agreements with marketing cooperatives, etc.
agreements with, or to approve agreements entered into between, marketing cooperatives, trade associations, or others engaged or whose members are engaged in the handling of wool, mohair, sheep, or goats or the products thereof for the purpose of developing and conducting on a National, State, or regional basis advertising and sales promotion programs for wool, mohair, sheep, or goats or the products thereof. Provision may be made in such agreement to obtain the funds necessary to defray the expenses incurred thereunder through pro rata deductions from the payments made under section 704 of this title to producers within the production area he determines will be benefited by the agreement and for the assignment and transfer of the amounts so deducted to the person or agency designated in the agreement to receive such amounts for expenditure in accordance with the terms and conditions of the agreement. No agreement containing such a provision for defraying expenses through deductions shall become effective until the Secretary determines that at least two-thirds of the producers who, during a representative period determined by the Secretary, have been engaged, within the production area he determines will be benefited by the agreement, in the production for market of the commodity specified therein approve or favor such agreement or that producers who, during such representative period have produced at least two-thirds of the volume of such commodity produced within the area which will be benefited by such agreement, approve or favor such agreement. Approval or disapproval by cooperative associations shall be considered as approval or disapproval by the producers who are members of, stockholders in, or under contract with such cooperative
Referendum.
association of producers. The Secretary may conduct a referendum among producers to ascertain their approval or favor. The requirements of approval or favor shall be held to be complied with if two-thirds of the total number of producers, or two-thirds of the total volume of production, as the case may be, represented in such referendum, indicate their approval or favor.
Sec. 709.
Section 201 of the Agricultural Act of 1949 (7 U. S. C.,
sec. 1446) is amended effective April 1, 1955, (i) by deleting from the first sentence thereof the phrase “wool (including mohair),” and (ii) by deleting subsection (a) thereof relating to the support of wool and mohair.
Sec. 710.
The third sentence of section 2 (a) of the Commodity
Exchange Act, as amended, is amended by inserting “wool,” after the comma following “(Irish potatoes)”.
The amendment made by this section shall become effective sixty
Effective date.
days after the date of enactment of this Act.
Approved August 28, 1954.