Title 7AgricultureRelease 119-73

§1308a Cost reduction options

Title 7 › Chapter CHAPTER 35— - AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter SUBCHAPTER II— - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part Part A— - Definitions, Loans, Parity Payments, and Consumer Safeguards › § 1308a

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Agriculture must use certain cost-cutting actions whenever they will lower the government’s total costs for a commodity program and will not hurt the income of small- and medium-sized producers. When announcing a program, the Secretary must say which cost options will be used at first and may keep the right to add others later. The Secretary may reopen or change a producer’s contract only if the producer agrees. The Secretary can buy a crop on the open market if buying now plus storage costs will likely cost less than taking the crop later through loan defaults. The Secretary can accept a loan settlement for less than the full principal and interest if doing so saves money by getting some interest instead of none, avoiding default, or stopping storage and handling costs. Before harvest, the Secretary may also take bids from producers to divert planted acres in exchange for payments in kind from surplus stocks when supply or demand changes would otherwise create a costly surplus. Those payments in kind are not counted in the regular per-person payment limit but are capped at $20,000 per year per producer for any one commodity. This authority adds to, and does not replace, other powers the Secretary already has.

Full Legal Text

Title 7, §1308a

Agriculture — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, whenever the Secretary of Agriculture determines that an action authorized under subsection (c), (d), or (e) will reduce the total of the direct and indirect costs to the Federal Government of a commodity program administered by the Secretary without adversely affecting income to small- and medium-sized producers participating in such program, the Secretary shall take such action with respect to the commodity program involved.
(b)In the announcement of the specific provisions of any commodity program administered by the Secretary of Agriculture, the Secretary shall include a statement setting forth which, if any, of the actions are to be initially included in the program, and a statement that the Secretary reserves the right to initiate at a later date any action not previously included but authorized by this section, including the right to reopen and change a contract entered into by a producer under the program if the producer voluntarily agrees to the change.
(c)When a nonrecourse loan program is in effect for a crop of a commodity, the Secretary may enter the commercial market to purchase such commodity if the Secretary determines that the cost of such purchases plus appropriate carrying charges will probably be less than the comparable cost of later acquiring the commodity through defaults on nonrecourse loans under the program.
(d)When the domestic market price of a commodity for which a nonrecourse loan program (including the program authorized by section 1445e of this title) is in effect is insufficient to cover the principal and accumulated interest on a loan made under such program, thereby encouraging default by a producer, the Secretary may provide for settlement of such loan and redemption by the producer of the commodity securing such loan for less than the total of the principal and all interest accumulated thereon if the Secretary determines that such reduction in the settlement price will yield benefits to the Federal Government due to—
(1)receipt by the Federal Government of a portion rather than none of the accumulated interest;
(2)avoidance of default; or
(3)elimination of storage, handling, and carrying charges on the forfeited commodity.
(e)When a production control or loan program is in effect for a crop of a major agricultural commodity, the Secretary may at any time prior to harvest reopen the program to participating producers for the purpose of accepting bids from producers for the conversion of acreage planted to such crop to diverted acres in return for payment in kind from Commodity Credit Corporation surplus stocks of the commodity to which the acreage was planted, if the Secretary determines that (1) changes in domestic or world supply or demand conditions have substantially changed after announcement of the program for that crop, and (2) without action to further adjust production, the Federal Government and producers will be faced with a burdensome and costly surplus. Such payments in kind shall not be included within the payment limitation per person established under section 1308 of this title, but shall be limited to a total $20,000 per year per producer for any one commodity.
(f)The authority provided in this section shall be in addition to, and not in place of, any authority granted to the Secretary under any other provision of law.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.

Amendments

2008—Subsec. (e). Pub. L. 110–246, § 1603(g)(1), struck out “of $50,000” before “per person” in second sentence. 1989—Subsec. (d). Pub. L. 101–134, in introductory provisions, inserted “(including the program authorized by section 1445e of this title)” after “nonrecourse loan program” and substituted “benefits” for “savings” and struck out concluding provisions which read as follows: “but the Secretary may not reduce the settlement price to less than the principal due on the loan”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1308a

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73