An Act to amend the tobacco marketing quota provisions of the Agricultural Adjustment Act of 1938, as amended
PL 92-10 (S.789), enacted 04/14/1971

85 STAT. ] 
PUBLIC LAW 92-10-APR. 14, 1971 
23 
81 Stat. 155. 
26 u s e 6681. 
(2) Section 6681 (b) (1) is amended— 
(A) by striking out "A participating firm" and inserting 
in lieu thereof "Unless it is shown that such action is due 
to reasonable cause and not due to willful neglect, a par-
ticipating firm"; and 
(B) by striking out "knowingly". 
(3) Section 6681 (b) (2) is amended— 
(A) by striking out "A participating firm" and inserting 
in lieu thereof "Unless it is shown that such action is due 
to reasonable cause and not due to willful neglect, a par-
ticipating firm"; and 
(B) by striking out "knowingly" each place it appears. 
(4) The amendment made by this subsection shall apply with 
Effective date. 
respect to actions occurring after the date of the enactment of 
this Act. 
Approved April 1, 1971. 
Public Law 92-10 
AN ACT 
April 14, 1971 
To amend the tobacco marketing quota provisions of the Agricultural Adjustment 
[s. 789] 
Act of 1938, as amended. 
Burley tobacco. 
Marketing 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Agricultural 
Adjustment Act of 1938, as amended, hereinafter referred to as the quoTas 
"Act", is amended by adding immediately following section 318 a new 8/513^*120^' 
section 319 to read as follows: 
7 use 1281, 
1314d. 
'FARM POUNDAGE QUOTAS FOR BURLEY TOBACCO 
Referendum. 
"SEC. 319. (a) Notwithstanding any other provision of law, the Sec-
retary shall, within thirty days following the enactment of this section, 
proclaim national marketing quotas for burley tobacco for the three 
marketing years beginning October 1, 1971, and determine and 
announce the amount of the marketing quota for burley tobacco for the 
marketing year beginning October 1,1971, as provided in this section. 
"Within thirty days following such proclamation, the Secretary shall 
conduct a referendum of the farmers engaged in the production of the 
1970 crop of burley tobacco to determine whether they favor or oppose 
the establishment of farm marketing quotas on a poundage basis as 
provided in this section for the three marketing years beginning 
October 1,1971. If the Secretary determines that two-thirds or more of 
the farmers voting in such referendum approve marketing quotas on a 
poundage basis, marketing quotas as provided in this section shall be 
in effect for those three marketing years. If marketing quotas on a 
poundage basis are not approved by at least two-thirds of the farmers 
voting in such referendum, no marketing quotas or price support for 
burley tobacco shall be in effect for the marketing year beginning 
October 1, 1971. Thereafter, the provisions of section 312 of the Act ^69 stat. 557; 
shall apply: Provided^ That national marketing quotas for burley 
tobacco for any marketing year subsequent to the marketing year 
beginning October 1, 1971, shall be proclaimed as pi-ovided in this 
section. 
"(b) The Secretary shall determine and announce, not later than 
the February 1 preceding the second and third marketing years of 
any three-year period for which marketing quotas on a poundage basis 
70 Stat. 330. 
7 u s e 1312. 
24 
PUBLIC LAW 92-10-APR. 14, 1971 
[85 STAT. 
Referendum. 
69 Stat. 557. 
7 u s e 1312. 
National mar-
keting quota, 
determination. 
National re-
serve, establish-
ment. 
Farm yield, 
determination. 
Limitation. 
Preliminary 
farm marketing 
quota. 
are in effect under this section, the amount of the national marketing 
quota for each of such years. If marketing quotas have been made 
effective on a poundage basis under this section, the Secretary sliall, 
not later than February 1 of the last year of three consecutive market-
iiig years for which marketing quotas are in effect under this section, 
proclaim national marketing quotas for burley tobacco for the next 
three succeeding marketing years as provided in this section. Within 
thirty days following such proclamation, the Secretary shall conduct 
a referendum in accordance with section 312(c) of the Act. If the 
Secretary determines that more than one-third of the farmers voting 
oppose the national marketing quotas, he shall announce the results 
and no marketing quotas or price support shall be in effect for such 
kind of tobacco for the first marketing year of such three-year period. 
Thereafter, the provisions of section 312 of the Act shall apply: Pro-
'vided^ That the national marketing quota and farm marketing quotas 
shall be determined as provided in this section. Notice of thei farm 
marketing quota which will be in effect for his farm for the first 
marketing year covered by any referendum under this section shall, 
insofar as practicable, be mailed to the farm operator in sufficient time 
to be received prior to the referendum. 
" (c) The national marketing quota determined under this section for 
burley tobacco for any marketing year shall be the amount produced 
in the United States which the Secretary estimates will be utilized in 
the United States and will be exported during such marketing year, 
adjusted upward or downward in such amount as the Secretary, in his 
discretion, determines is desirable for the purpose of maintaining an 
adequate supply or for effecting an orderly reduction of supplies to 
the reserve supply level. Any such downward adjustment shall not 
exceed 5 per centum of such estimated utilization and exports. For each 
marketing year for which marketing quotas are in effect under this 
section, the Secretary in his discretion may establish a reserve (herein-
after referred to as the 'national reserve') from the national marketing 
quota in an amount not in excess of 1 per centum of the national market-
ing quota to be available for making corrections and adjusting inequi-
ties in farm marketing quotas, and for establishing marketing quotas 
for new farms (that is, farms for which farm marketing quotas are not 
otherwise established). 
"(d) When a national marketing quota is first proclaimed under 
this section, the Secretary shall through local committees determine a 
farm yield for each farm for which a burley tobacco acreage allotment 
was established for the marketing year beginning October 1, 1970. 
Such yield shall be determined by averaging the yield per acre for the 
four highest years of the five consecutive years beginning with the 
1966 crop year: Provided^ That if burley tobacco was produced on 
the farm in fewer than five of such years, the farm yield shall be the 
simple average of the yields obtained in the years during such period 
that burley tobacco was produced on the farm: Provided 
further^ 
That if no burley tobacco was produced on the farm but the farm was 
considered as having planted burley tobacco during the immediately 
preceding five years, the farm yield will be appraised on the basis of 
the yields established for similar farms in the area on which burley 
tobacco was produced during such five-year period : And provided 
fur-
tJier, That the farm yield established for any farm shall not exceed 
three thousand five hundred pounds per acre. 
"(e) A preliminary farm marketing quota Shall be determined for 
each farm for which a burley tobacco acreage allotment was established 
for the marketing year beginning October 1, 1970, by multiplying the 
farm yield determined under subsection (d) of this section by the farm 
85 STAT. ] 
PUBLIC LAW 92-10-APR. 14, 1971 
25 
acreage allotment (prior to any reduction for violation of regulations 
issued pursuant to the Act) established for such farm for the marketing 
year beginning October 1, 1970. For each farm for which such a pre-
liminary farm marketing quota is determined, a farm marketing quota 
for the first j^ear shall be determined by multiplying the preliminary 
farm marketing quota by a national factor obtained by dividing the 
national marketing quota determined under subsection (c) of this 
section (less the national reserve) by the sum of all preliminary farm 
marketing quotas as determined under this subsection: Provided^ That 
such national factor shall not be less than 95 per centum. 
"The farm marketing quota for each succeeding year shall be deter-
mined by multiplying the previous year's farm marketing quota by 
a national factor obtained by dividing the national marketing quota 
determined under subsection (c) of this section (less the national 
reserve) by the sum of the farm marketing quotas for the immediately 
preceding year for all farms for which burley tobacco marketing 
quotas will be determined for such succeeding marketing year: Pro-
vided^ That such national factor shall not be less than 95 per centum: 
Provided fwrther^ That for the marketing years beginning October 1, 
1972, and October 1, 1973, the farm marketing quota for any farm 
shall not be less than the smaller of (1) one-half acre times the farm 
yield times one-half the sum of the figure one and the national factor 
for the current year, or (2) the farm marketing quota for the imme-
diately preceding marketing year times one-half the sum of the figure 
one and the national factor for the current year. The farm marketing 
quota so computed for any farm for any year shall be increased by the 
number of pounds by which marketings from the farm during the 
immediately preceding year were less than the farm marketing quota 
(after adjustments) : Provided^ That any such increase shall not 
exceed the amount of the farm marketing quota (including leased 
pounds) for the immediately preceding marketing year prior to any 
increase for undermarketings or decrease for overmarketings. The 
farm marketing quota so computed for each farm for any year shall 
be reduced by the number of pounds by which marketing from the 
farm during the immediately preceding year exceeded the farm mar-
keting quota (after adjustments) : Provided, That if, on account of 
excess marketings in the preceding year, the farm marketing quota 
is reduced to zero pounds without reflecting the entire reduction re-
quired, the additional reduction required shall be made in subsequent 
marketing years. 
"The fann marketing quota for a new farm shall be the number of 
pounds determined by the county committee with approval of the State 
committee to be fair and reasonable for the farm on the basis of the past 
burley tobacco experience of the farm operator; the land, labor, and 
equipment available for the production of burley tobacco; crop rotation 
practices, and the soil and other physical factors aii'ectin^ the produc-
tion of burley tobacco: Provided., That the farm marketnig quota for 
any such new farm shall not exceed 50 per centum of the average of the 
farm marketing quotas for similar farms for which farm marketing 
quotas are otherwise established: Provided further. That the number 
of pounds allocated to all new farms shall not exceed that portion of 
the national reserve provided by the Secretary for establishing quotas 
fornewfanns. 
"(f) When a poundage program is in effect under this section, the 
farm marketing quota next established for any farm shall be reduced 
by the amount of burley tobacco produced on any farm (1) which is 
marketed as having been produced on a different farm; (2) for which 
proof of disposition is not furnished as required by the Secretary; and 
Limitation. 
Quota computa-
tion, succeeding 
years. 
Limitations. 
New farm. 
Limitations, 
Reductions. 
26 
PUBLIC L
A
W 92-10-APR. 14, 1971 
[85 S 
TAT. 
Leases and 
transfers. 
(3) as to which any producer on the farm files, or aids or acquiesces in 
the filing of, any false report with respect to the production or market-
ings of tobacco: Provided, That if the Secretary through the local 
committee finds that no person connected Avitli such farm caused, aided, 
or acquiesced in any such irregularity, the next established farm mar-
keting quota shall not be reduced under this subsection. The reductions 
required under this subsection shall be in addition to any other adjust-
ments made pursuant to this section. 
" (g) When a poundage program is in effect under this section, farm 
marketing quotas (after adjustments) for burley tobacco may be 
leased and transferred to other farms in the same county under the 
7 u??i3i4d" 
*^™^s and conditions contained in section 318 of the Act: Provided, 
That such leases and transfers shall be on a pound for pound basis: 
Provided further. That any adjustment for undermarketings or over-
marketings shall be attributed to the farm to which leased and trans-
Limitations. 
ferrcd: Provided further, That not more than fifteen thousand pounds 
may be leased and transferred to any farm under this section: And 
provided further, That the marketing quota determined for any farm 
subsequent to such lease and transfer shall not exceed an amount deter-
mined by multiplying the farm yield established under subsection (d) 
of this section by 50 per centum of the acreage of cropland in the farm. 
" (h) Effective with the marketing year beginning October 1, 1976, 
no marketing quota, other than a new farm marketing quota, shall be 
established for a farm on w^hich no burley tobacco was planted or 
considered planted in any of the five years immediately preceding the 
year for which farm marketing quotas are being established. 
Penalties. 
" ^ j ^ Wlicu marketing quotas under this section are in effect, provi-
sions with respect to penalties for the marketing of excess tobacco and 
5/stat^*393^' 
^^^ otlicr provisious contained in section 314 of the Act shall apply, 
69 Stat! 24.' 
cxccpt that: 
7 use 1314 
a^2) No penalty on excess tobacco shall be due or collected until 110 
per centum of the farm marketing quota (after adjustments) for a 
farm has been marketed, but wdth respect to each pound of tobacco mar-
keted in excess of such percentage the full penalty rate shall be due, 
payable, and collected at the time of marketing on each pound of 
tobacco marketed, and any tobacco marketed in excess of 100 per 
centum of the farm marketing quota (after adjustments) will require a 
reduction in subsequent farm marketing quotas in accordance with 
Ante, p. 23. 
scctiou 319 (c) : Provided, That if the Secretary, in his discretion, deter-
mines it is desirable to encourage additional marketings of any grades 
of burley tobacco during any marketing year to insure traditional 
market patterns to meet the normal demands of export and domestic 
markets, he may authorize the marketing of such grades without the 
payment of penalty or deduction from subsequent quotas to the extent 
of 5 per centum of the farm marketing quota for the farm on which 
the tobacco was produced, and such marketings shall be eligible for 
price support. 
"(2) The provisions with respect to penalties contained in the third 
sentence of section 314(a) shall be revised to read: 'If any producer 
falsely identifies or fails to account for the disposition of any tobacco, 
the Secretary, in lieu of assessing and collecting penalties based on 
actual marketings of excess tobacco, may elect to assess a penalty com-
puted by multiplying the full penalty rate by an amount of tobacco 
equal to 25 per centum of the farm marketing quota (after adjust-
ments) and the penalty in respect thereof shall be paid and remitted by 
the producer.'. 
"(3) The provisions contained in the fourth sentence of section 
314(a) shall not be applicable. For the first year a marketing quota 
85 STAT. ] 
PUBLIC LAW 92-11-APR. 30, 1971 
27 
Ante, p . 23. 
program established under the provisions of this section is in effect, 
the farm marketing quota determined under the provisions of section 
319(e) shall receive a temporary upward adjustment equal to the 
amount of carryover penalty-free burley tobacco for the farm. For 
subsequent years, the provisions of section 319(c) shall apply. 
"(j) The Secretary shall prescribe such regulations as he considers 
Regulations. 
necessary for carrying out the provisions of this section." 
SEC. 2. Section 378 of the Agricultural Adjustment Act of 1938, as 
amended, is amended by adding subsection (f) to read as follows: 
72 stat, 995; 
" (f) In applying the provisions of this section to a farm for w^hich 1378.^ * 
' 
a tobacco marketing quota has been determined under section 319 of 
^ use 1378. 
this Act, the words 'allotment' and 'acreage', wherever they appear, 
shall be construed to mean 'marketing quota' and 'poundage', respec-
tively, as required." 
SEC. 3. Clause (c) of section 106 of the Agricultural Act of 1949, 
P " " support. 
as amended, is amended to read as follows: 
7^us*c*i445. 
"(c) If acreage poundage or poundage farm marketing quotas 
are in effect under section 317 or 319 of the Agricultural Adjustment 
Act of 1938, as amended, (1) price support shall not be made available g/stat^ 3'u^' 
on tobacco marketed in excess of 110 per centum of the marketing quota 
7 u^sc 13 i4c. 
(after adjustments) for the farm on which such tobacco was produced, 
and (2) for the purpose of price-support eligibility, tobacco carried 
over from one marketing year to another shall, when marketed, be 
considered tobacco of the then current crop." 
SEC. 4. Any action taken by the Secretary pursuant to section 312 
of the Act (7 U.S.C. 1312) for burley tobacco for any of the three ,„^f,^,*^Vo"^' 
marketing years beginning October 1, 1971, prior to the enactment 
of this section, shall be of no effect. 
Approved April 14, 1971. 
Public Law 92-11 
JOINT RESOLUTION 
April 30,197i 
Making certain urgent supplemental appropriations for the fiscal year 1971, [H. J. Res. 567] 
and for other purposes. 
70 Stat. 330. 
Resolved 
hy the Senate 
and House 
of Refresentatives 
of 
the United States of America in Congress assembled^ That the fol- s^-^^llll^^l^l^ 
lowing sums are appropriated, out of any money in the Treasury not 1971. 
otherwise appropriated, for the fiscal year ending June 30, 1971, 
namely: 
CHAPTER I 
DEPARTMENT OF DEFENSE—MILITARY 
OPERATION AND MAIXTEXANCE 
CLAIMS, DEFENSE 
For an additional amount for "Claims, Defense", not to exceed 
$13,000,000 may be derived by transfer in amounts not to exceed 
(a) $3,000,000 from "Defense production guarantees, Army", (b) 
$4,000,000 
from 
"Defense 
production 
guarantees, 
Navy", and 
(c) $6,000,000 from "Defense production guarantees, Air Force".